Madhya Pradesh Court March 1999 Judgments
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Bhan Bai Vs. Surjit Singh Bhatiya and ors.
Court: Madhya Pradesh
Decided on: Mar-19-1999
Reported in: II(2000)ACC402; 1999ACJ1290; 1999(1)MPLJ34
Dipak Misra, J.1. As in this batch of appeals propriety of the awards passed by First Motor Accidents Claims Tribunal, Rajnandgaon in various claim cases arising out of the same accident is called in question, they were heard analogously and are hereby disposed of by this common order.2. In M.A. No. 207 of 1995 the appellant has called in question the legal validity of the award dated 30.11.1994 in Claim Case No. 5 of 1991 (originally registered as Claim Case No. 8 of 1986) whereby the Tribunal while awarding a total sum of Rs. 70,000 (Rupees seventy thousand) has absolved the insurance company, respondent No. 3 herein, from indemnifying the owner and driver.3. The facts as have been unfolded are that on 3.5.1986 claimant's son Umesh Kumar, a boy aged about 17 years was travelling in a truck bearing registration No. MBR 1334 and as the truck met with an accident he sustained serious injuries for which he was admitted to Manpur Hospital where he breathed his last. It was pleaded in the ...
Sanjay Sharma and ors. Vs. Lakhan Lal Yadav and ors.
Court: Madhya Pradesh
Decided on: Mar-19-1999
Reported in: 2000ACJ1059
S.C. Pandey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act'), against dismissal of the claim application, filed by the appellants, by the court below. Nobody appeared on behalf of the appellants and respondent Nos. 1 and 2 before the Claims Tribunal on the date fixed. Only the counsel for the respondent No. 3 was present. The Claims Tribunal appears to have dismissed the claim of the appellants on the ground that there is no averment regarding the negligence of the respondents. In view of the fact that Rule 240 of the Motor Vehicles Rules, 1994 (henceforth 'the Rules') makes the provision of Order 9, Rule 9 of the Code of Civil Procedure applicable to the proceeding before the Claims Tribunal, the Claims Tribunal was not authorised to decide the case on merits in absence of appellants or their counsel. Under such circumstances, the Claims Tribunal should have dismissed the application under Order 9, Rule 8 of the Code of Civil Procedure. ...
Shree Synthetics Ltd. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-19-1999
Reported in: 2000(70)ECC650
ORDERN.K. Jain, (J)1. This appeal under Section 96 of the Code of Civil Procedure is directed against the judgment dated 20.3.1991 passed by Vth Additional District Judge, Ujjain, in Civil Suit No. 24-B/89, dismissing suit of the appellant -- Plaintiff on the ground that jurisdiction of Civil Court was barred in the matter. 2. The suit giving rise to this appeal was filed against Union of India for refund of Rs. 65,907.60, which, according to the plaintiff, was paid in excess while paying custom duty the provision of Customs Act, 1962, (for short, 'the Act of 1962'), on the goods imported by the appellant -- Plaintiff in connection with the manufacturing activity of its factory situated at Ujjain. According to the plaintiff he learnt about the excess payment on 2.7.1987 and whereupon he, on 2.7.1987, filed a refund claim before the Assistant Collector, Customs & Central Excise, Ujjain. The said claim was rejected by the Assistant Collector on 2.6.88 on the ground that it was barred by ...
Nanak Ram Vs. Santoshibai
Court: Madhya Pradesh
Decided on: Mar-17-1999
Reported in: II(1999)DMC708
B.A. Khan, J.1. This appeal is directed against judgment dated 10.5.1995 passed in F.A. No. 141/95. Respondent was put on notice vide Court order dated 12.3.1998 and thereafter both parties were summoned in person for exploring the possibility of settlement. However, all the efforts in this direction came cropper and that is how this appeal after its admission for hearing is being disposed of at this stage.2. Appellant married respondent on 17.12.1988. They, however, allegedly separated some time in January, 1991. Appellant filed petition for a decree of divorce on twin grounds of desertion and cruelty alleging that respondent had continuously deserted her for more than two years and was not interested in returning to his society and that she had treated him with cruelty by going away with one Bhagwan Narain Baba. Appellant examined some witnesses and so did the respondent in support of their respective claims. The appellant's case found favour with Trial Court resulting in passing the...
National Council for Teachers Education and anr. Vs. Chouhan Education ...
Court: Madhya Pradesh
Decided on: Mar-16-1999
Reported in: AIR1999MP206; 1999(2)MPLJ409
Dipak Misra, J. 1. Life without education is sans 'clan vital', a body without a soul, eyes without sight, ear without power to hear and mind without sensibility.In the case of Sitam Seshanka v. Principal, College Pharmaceutical Science, AIR 1997 Orissa 62 the Court while dealing with the role of a 'Gum' as a teacher, observed as under:--'Shastras' put the 'Guru' on a pedestal making him equivalent to God and treat him as one who enlightens, illumines, guides, paves the path of light, unfolds the bright horizon amidst the encircling gloom, expands his sura enigmatically reaching the true follower, and he is also the one who transfer his sense of originality, duty of accountability and progressive creativity to the duti bus disciple leaving his lively footprints on the sands of time. In turn, the disciple follows him with reverence, acts in veneration and obeys with obeisance.'We have delved into the role of a 'Guni' because of what we are going to state later on.2. The moot question th...
Bharti Chandwani and ors. Vs. Jassumal and ors.
Court: Madhya Pradesh
Decided on: Mar-15-1999
Reported in: 2001ACJ1123
Dipak Misra, J. 1. In this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the claimants, the legal representatives of deceased Manohar Lal have called in question the propriety of the award dated 18.1.95 passed by the Motor Accidents Claims Tribunal, Bhopal, in Motor Claim Case No. 10 of 1994.2. The facts as have been unfolded are that on 18.12.1993, the deceased Manohar Lal was proceeding on his scooter from Bhopal to Bairagarh and deceased Asann Das was sitting on the scooter as a pillion rider. The offending mini bus bearing the registration No. NP-04-F-350 belonging to Jassumal, respondent No. 1 and driven by Ramesh Kumar, respondent No. 2 came from behind and dashed against the scooter and Manohar Lal sustained injuries and finally succumbed to the same. The claimants filed a claim petition before the Tribunal contending, inter alia, that the deceased was aged about 32 years and had worked as a cashier in Punjab National ...
Jabalpur Cable Network Pvt. Ltd. Vs. E.S.P.N. Software India Pvt. Ltd. ...
Court: Madhya Pradesh
Decided on: Mar-13-1999
Reported in: AIR1999MP271
S.C. Pandey, J. 1. This is an appeal under Section 37 of Arbitration and Conciliation Act, 1 996 (henceforth 'the Act'), against the order dated 15-2-99, passed by XIth Additional District Judge, Jabalpur, in an unregistered Case No. 99. 2. The learned counsel for the parties, at the outset, expressed the view that this case be finally disposed of and, therefore, they were heard finally by this Court. The learned counsel for the respondent No. 1 fifed a written submission after the arguments were over. The learned counsel expressed that the written submission shall supplement his arguments as the aide memoire to the Court. Accordingly, permission was granted. In paragraph 1 of the written submission there is an indication that the respondent No. 1 reserved its right to file appropriate reply to memo of appeal as well as to the application for grant of interim injunction. This Court takes it on the oral submission of the learned counsel for the respondents Nos. 1 and 2, Shri N. Ganpati,...
Bhaiyalal Shukla and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-12-1999
Reported in: (2000)ILLJ640MP
C.K. Prasad, J.1. In all these writ petitions, common questions of law and facts arise and as such they are being disposed of by this common order. In the writ Petitions filed under Articles 226 and 227 of the Constitution of India, petitioners pray for quashing of the notice issued by the Inspector appointed under the Child Labour (Prohibition and Regulation) Act, 1986 whereby, it has asked the petitioners to deposit various amounts on account of the fact that child labour were engaged in their establishment. It is the stand of the petitioners that the Inspector straightaway cannot make demand of the amount indicated in the notice without giving the petitioners opportunity to be heard in the matter.2. Stand of the respondents is that in view of the judgment of the Supreme Court in the case of M.C. Mehta v. State of Tamil Nadu, (1997-II-LLJ-724) (SC) said mode is permissible. This question pointedly came up for consideration before a learned Single Judge of this Court in the case of Pr...
Dhanya Kumar Dharamdas Agarwal and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-12-1999
Reported in: 1999(2)MPLJ56
ORDERR.S. Garg, J.Ms. Seema Agrawal, learned counsel for the petitioners.Shri P.D. Gupta, learned counsel for the respondent No. 1.Shri V.S. Shroti, learned counsel with Shri Manish Chawra for the respondents Nos. 2 and 3.1. With the consent of the parties, the matter is finally heard.2. The petitioners who are holding, owning and possessing certain properties were served with certain notices issued under Section 173 of M. P. Municipal Corporation Act, 1956. Against the bill issued under Section 173 of the Act, the petitioners filed their objections in accordance with Section 173 of the Act. The respondents did not decide the objections filed by the present petitioners, therefore the petitioners have filed the present writ petition. According to the petitioners, when the statute requires the respondent- Corporation to give the notice of the liability incurred in default of payment and also the time within which an objection may be preferred as against such claim then the respondents co...
Sujit Kumar Banerjee Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-11-1999
Reported in: AIR2000MP44
ORDERR.S. Garg, J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks the relief that by appropriatewrit or direction the respondents be directed not to admit new members to the roll of Siddhi Bala Bose Library Association, Jabalpur and the respondents should hold the elections with the members who were on the roll of the association on the date of supersession.2. The details of the case are not necessary as the controversy is very short. Undisputedly, the Siddhi Bala Bose Library Association (Association for short) is a regis-fered society under the provisions of the M. P. Societies Registrikaran Adhiniyam, 1973. The society is governed by its bye-laws and the provisions of the 1973 Adhiniyam. It appears that some time back the council of the society was superseded and an administrator was appointed. The administrator while holding the office, started admitting new members in the roll of the society therefore, the petitioner filed writ petition No....
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