Madhya Pradesh Court November 1999 Judgments
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Tejilal Vs. Dayal and anr.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: AIR2000MP117
S.P. Khare, J.1. This is a second appeal under Section 100, C.P.C. by the plaintiff. The following substantial question of law was formulated while admitting this appeal by order dated 6-4-1995:-'Whether the finding of the Courts below on expression of willingness of the respondent/defendant No. 1 to the appellant/plaintiff for performance of his part of contract on the appointed day is perverse on the face of the record, thereby said counter-claim is barred by Section 16(c) of the Specific Relief Act, 1963.'2. The facts relevant for the decision of the question referred above are that the plaintiff Tejilal was Bhumiswami of KhasarNo. 109 area 2.64 acres of village Padmi. Tehsil and District Mandla. He executed the agreement dated 12-6-1979 (Ex.D-1) to sell 0.59 acre (0.239 hectare) to defendant Dayal for a consideration of Rs. 3500/- He received an amount of Rs. 1500/- from the defendant on that date and delivered possession of this land to him. According to this agreement the registe...
Yadav S/O Kunwarji Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2000(1)MPHT339
Shambhoo Singh, J.1. This appeal is directed by the accused against the judgment & order dated 9-1-95 passed by Special Judge, Mandleshwar in special case No. 48/92 whereby the appellant was convicted under Section 302 I.P.C. and sentenced to life imprisonment and to pay fine of Rs. 1,000/- in default of payment of fine, one month's R.I..2. The prosecution case, in brief, was that the appellant was running a betel-shop on the bus-stand of village Bablai. On 1-11-92 at 5 p.m., the appellant asked the deceased Champalal to make payment of Bidi-Match box which he had taken on credit from his shop. The deceased told him that he did not borrow anything from his shop and he did not owe any money to him. On this, there was quarrel between them. Rameshchand Thakur (P.W. 5) intervened and took the deceased Champalal to his house. Just thereafter the appellant Yadav came in front of the house of the deceased armed with knife and gave him filthy abuses and asked him to come out of his house. On t...
National Insurance Co. Ltd. Vs. Biniya Bai and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2000(1)MPHT461; 2000(2)MPLJ97
ORDERV.K. Agrawal, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 9-1-1995 in Motor Accidents Claims Tribunal Case No. 29/89, by IV Addl. Motor Accidents Claims Tribunal, Sagar.2. It is no longer in dispute that Truck No. CPJ 4382 is owned by Komal Chand, driven by present respondent No. 4- driver Bihari, and insured by the appellant-the National Insurance Company. Deceased Ganesh was travelling in the said truck on 7-6-1981, after payment of fare to driver-respondent No. 4, when it turned turtle and met with an accident, resulting in serious injury to deceased Ganesh. Despite treatment the deceased Ganesh succumbed to the injuries sustained in the accident. He died on 8-6-1987. The Legal Representatives of deceased Ganesh-the respondent Nos. 1 to 3 herein, filed a claim petition praying that compensation be awarded against the owner, driver and the present appellant-National Insurance Company Ltd..3. The petition of claim was res...
Pratyush Chatterjee Vs. Super Auto Forge Pvt. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2000(1)MPHT458
ORDERV.K. Agrawal, J.1. This Miscellaneous Appeal under Order 43 Rule 1 (a) of C.P.C., is directed against the order dated 18-3-99 in Civil Suit No. 5-B/98 by XIth Additional District Judge, Jabalpur allowing the application under Order 7 Rule 11 of C.P.C. and directing that the plaint be returned for presentation to the competent Court at Madras (Tamil Nadu).2. The facts leading to the present appeal stated in brief are that the plaintiff-appellant filed a suit for rendition of accounts and recovery of the amount due to him. The plaintiff alleged that initially he was one of the partners in the partnership firm under the name and style of 'Premier Agency'. The said firm was created for carrying on the business of Agency and Liaisoning. The firm was dissolved on 23-3-90; and the plaintiff thereafter became the sole proprietor of the said firm 'Premier Agency'. It was further alleged that the defendant-respondent No. 1 is a Private Limited Company duly registered under the Companies Act...
Mustakeem and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2000(1)MPHT417
N.K. Jain, J.1. This appeal under Section 374(2) of Cr.P.C. is directed against the judgment dated 14-3-95, passed by VIIth Addl. Sessions Judge, Indore, in S.T. No. 243/94, convicting accused appellants Mustakeem, Nisar @ Nasir and Salim, under Sections 302 & 323 r/w. Section 34 I.P.C. and sentencing them each to imprisonment for life for the former offence and 6 months R.I. for the latter.2. All the three appellants are brothers, sons of Khalil Khan. The incident is said to have taken place on the night of 16-5-92, around 10.30 p.m. at 9, Laxmipuri, Indore. Deceased Ibrahim Sheikh and his son Mohammad Altmas were sitting on the door of their house when the three accused persons armed with Farsi and Lathis came there and assaulted the deceased. Mohammad Altmas when tried to save his father was also assaulted by the accused persons. Deceased Ibrahim Sheikh sustained a number of severe injuries and later on died in the hospital. A report of the incident (Ex. P-2) was lodged by Mohammad ...
Dr. Kailashchandra Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2000(1)ALT(Cri)16; 2000(1)MPHT545
ORDERJ.G. Chitre, J.1. It is evidence on record as well as the Judgment which has been put to challenge.2. Shri Jaisingh submitted, that the charge is erroneous and, therefore, the Trial Court has committed an error in convicting and sentencing the petitioner.3. The charge clearly shows that petitioner has been charged and committed the act of rashness, which is punishable in view of the provisions of Section 304A of the Indian Penal Code.4. Apart from that the evidence of prosecution witnesses examined by prosecution equivocally proves that, petitioner committed the rash act in giving injections of tetracycline and chloroquine without caution test. The evidence on record shows that the deceased boy was not having prima facie symptoms of malaria. The evidence further shows that, petitioner did not prepare the papers which are required to be prepared before injecting those two injections mentioned above. The blisters appearing on hips of deceased with redishness immediately after the ad...
New India Assurance Co. Ltd. Vs. Dhapubai and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: I(2000)ACC482; 2001ACJ1549
Shambhoo Singh, J.1. Non-applicant/appellant insurance company has filed this appeal for reducing compensation amount awarded to the respondents vide award dated 4.10.1996 passed by II Additional Member, Motor Accidents Claims Tribunal, Dhar, in Claim Case No. 31 of 1996.2. The facts of the case, in brief, are that on 3.7.1993 when Anandband, husband of respondent No. 1 and father of respondent Nos. 2 and 3, was going to Nagada with milk cans on his cycle, he was dashed by truck No. DIG 4753 owned by respondent No. 2, driven by respondent No. 1 and insured with the appellant, near village Kalsada and succumbed to his injuries. The claimants sought compensation of Rs. 13,05,000. The appellant, inter alia, pleaded that the respondent No. 1 had no valid driving licence on the date of accident. The accident occurred due to negligence of the deceased himself. The Tribunal after appreciation of evidence held that the accident occurred due to rash and negligent driving of the truck by respond...
United India Insurance Co. Ltd. Vs. Mukesh and Two ors.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2(2000)ACC318
Shambhoo Singh, J.1. This judgment shall govern disposal of Misc. Appeal Nos. 417/97, 418/97 and 512/97 as they arise out of the same accident.2. Facts of the case, in brief, are that on 10.4.1995 claimants Mukesh and Ramesh were going on scooter No. M.P. 09-4754 towards Shivaji statute from the office of Public Service Commission, Indore. This scooter was being driven by Mukesh. When they reached near Medical College Hospital, the respondent/non-applicant No. 2 Abdul Aziz came from opposite side driving Ambassador Car No. M.P.F. 1541 belonging to respondent/non-applicant No. 1 Nepal Singh and insured with N.A. No. 3 United India Insurance Company (appellant in M.As. Nos. 417/98 and 418/97) in rash and negligent manner and dashed against the scooter as a result of which Ramesh and Mukesh sustained grievous injuries and became permanently disabled. Applicant-claimant Mukesh filed (M.A. No. 512/97) Claim Case No. 220/95 claiming compensation of Rs. 3,58,000/-.Respondent-claimant Ramesh f...
Usha Vs. Madhya Pradesh State Road Trans. Corpn. and anr.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2001ACJ1630
Shambhoo Singh, J.1. Claimant has filed this appeal for enhancement of compensation amount awarded to her vide award dated 7.11.1996 passed by Additional Motor Accidents Claims Tribunal, Jaora, in Claim Case No. 19 of 1995.2. Claimant's case in brief was that on 7.11.1994 her Ambassador car No. RJ 09-C-0269 driven by her driver Ramesh (AW 2) while going to Neemuch from Ratlam, near village Manan Kheda was dashed from behind by bus No. MP 09-D-02850 owned by M.P. State Road Transport Corporation and driven by respondent No. 2, as a result of which it got damaged. The appellant filed Claim Case No. 19 of 1995 and sought compensation of Rs. 1,63,105. The respondents resisted the claim and averred that accident occurred due to rash and negligent driving of the car. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the bus by respondent No. 2 and awarded compensation of Rs. 6,000 holding that under Section 147(2) of Motor Vehicles ...
Mankuradevi and ors. Vs. Rakesh and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: I(2000)ACC533
Fakhruddin, J.1. By the impugned order the Trial Court has directed issuance of Commission for examining the Licensing Authority/R.T.O., Meerut to ascertain as to whether the driving licence said to be issued to Rakesh s/o Gangacharan has been validly issued. Learned Counsel for the applicants contended that the Commission ought not to have been issued.2. Having considered the facts and circumstances and the material on record, in the opinion of this Court there is no infirmity in the issuance of the Commission in this case. Learned Counsel contended that the Commission has been issued for examination of the Licensing Authority/R.T.O. or the concerned official. 11 is contended that the 'concerned official' is a very vague term and the applicants should specify as to whom they want to examine.3. Having heard learned Counsel, in the opinion of this Court it is just and proper to direct that the Commission should examine the Licensing Authority/R.T.O., and in case he is not available, the...
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