Madhya Pradesh Court May 1999 Judgments
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Ramjan @ Ramjoo Vs. M.P., State Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: May-14-1999
Reported in: 2(2000)ACC212
N.K. Jain, J.1. By the order impugned, the 5th M.A.C. Tribunal, Indore, has rejected appellant/claimant's application under Section 140 of the Motor Vehicles Act for interim compensation.2. The Tribunal below has held that there is no prima facie evidence to establish that the appellant has suffered any permanent disability in the accident in question. However, as per medical certificates filed in the case, it is clear that he has suffered four fractures in his right hand. The doctor has opined that the working capacity of the hand was permanently reduced by 60 per cent.3. The Tribunal below, in my opinion, misconstrued the provision of Section 142 of the Act and probably expected that in order to constitute permanent disability there ought to be total loss of the limb of the claimant. A perusal of Section 142, Clause (b) of the Act would, however, reveal that in order to constitute permanent disability, it was sufficient to show that the power of the limb was permanently impaired. In ...
Smt. Bhagwati Vs. Ashok Tilwani
Court: Madhya Pradesh
Decided on: May-13-1999
Reported in: II(2000)DMC97
ORDERV.K. Agarwal, J. 1. This is a petition for transfer of Divorce Suit No. 174-A/98 filed by the respondent/plaintiff, pending before in Additional District Judge, Bhopal to the competent Court at Narsinghpur.2. The petitioner/wife has averred that she was married to the respondent plaintiff on 6.6.1997. When the petitioner after her marriage reached the house of her in-laws, it was suggested to her that she should bring money from her parents so that the respondent can start his business. However, the petitioner's parents did not accede to the demand as above, resulting in harassment and torture to the petitioner. The respondent/husband thereafter left her at her paternal home at Narsinghpur.3. The respondent/husband has filed a petition for divorce at Bhopal on the ground that the petitioner is suffering from mental disorder. He has prayed that the petitioner's father be made her guardian-ad-litem. It is averred by the petitioner that her father is seriously ailing and is infirm an...
Smt. Maya JaIn Vs. Sanjay Kumar Jain
Court: Madhya Pradesh
Decided on: May-13-1999
Reported in: I(2000)DMC193
ORDERV.K. Agrawal, J.1.This petition under Section 23(3) of the Code of Civil Procedure read with Section 21A of the Hindu Marriage Act has been filed for transfer of Civil Suit No. 353-A/97 pending between the parties from the Court of IV Additional District Judge, Jabalpur to the Court at Nagpur.2. The averments made in the petition are : The parties were married at Nagpur on 15.2.1994. The respondent/husband has filed petition for divorce under the Hindu Marriage Act, which is registered as Civil Suit No. 353-A/1997 and pending in the Court of IV Additional District Judge, Jabalpur. It has been averred that the petitioner at present is living at Nagpur with her parents as she was turned out of her matrimonial home. The parents of the petitioner are ill and old. Father of the petitioner is a heart patient and remains in bed under medical advice. Three brothers of the petitioner have separated and are looking after their own business. The petitioner belongs to conservative Jain family...
Maya JaIn Vs. Sanjay Kumar Jain
Court: Madhya Pradesh
Decided on: May-13-1999
Reported in: II(2000)DMC687
ORDERV.K. Agrawal, J. 1. This petition under Section 23(3) of the Code of Civil Procedure read with Section 21A of the Hindu Marriage Act has been filed for transfer of Civil Suit No. 353-A/97 pending between the parties from the Court of IV Additional District Judge, Jabalpur to the Court at Nagpur.2. The averments made in the petition are : The parties were married at Nagpur on 15.2.1994. The respondent/husband has filed petition for divorce under the Hindu Marriage Act which is registered as Civil Suit No. 353-A/1997 and pending in the Court of IV Additional District Judge, Jabalpur. It has been averred that the petitioner at present is living at Nagpur with her parents as she was turned out of her matrimonial home. The parents of the petitioner are ill and old. Father of the petitioner is a heart patient and remains in bed under medical advice. Three brothers of the petitioner have separated and are looking after their own business. The petitioner belongs to conservative Jain Famil...
Smt. Mamta JaIn Vs. Paras Jain
Court: Madhya Pradesh
Decided on: May-13-1999
Reported in: I(2000)DMC604
ORDERV.K. Agrawal, J. 1. This petition under Section 23(3) of the Code of Civil Procedure read with Section 21A of the Hindu Marriage Act has been filed for transfer of Civil Suit No. 274-A/97 pending between the parties from the Court of IV Additional District Judge, Jabalpur to the Court at Nagpur.2. The averments made in the petition are : The parties were married at Nagpur on 15.4.1990. The respondent/husband has filed a petition for divorce under the Hindu Marriage Act, which is registered as Civil Suit No. 274-A/97 and pending in the Court of IV Additional District Judge, Jabalpur. It has been averred that the petitioner at the present is living at Nagpur with her parents as she was turned out of her matrimonial home. The parents of the petitioner are ill and old. Father of the petitioner is a heart patient and remains in bed under medical advice. Three brothers of the petitioner have separated and are looking after their own business. The petitioner belongs to conservative Jain ...
Permanand Jha Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-13-1999
Reported in: 2000(1)MPHT97; 2000(1)MPLJ360
R.P. Gupta, J.1. Accused is challenging the order of Special Judge, Jabalpur dated 1-10-1996 in Special Case No. 12/95 directing framing of charge for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the accused. He was a public servant allegedly found in possession of assets disproportionate to his known sources of income. The charge was that the accused in capacity as Junior Engineer in the Irrigation Division since 2-1-1986 and thereafter worked at various places at various posts and he was working as Superintending Engineer in Upper Narmada Zone, Jabalpur when the first information report was lodged against him that he had acquired pecuniary resources and property in his own name and in the name of his wife and his son beyond his known sources of income and as such committed criminal mis-conduct punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 in so far as he and hi...
State of M.P. Vs. Bhagwansingh and ors.
Court: Madhya Pradesh
Decided on: May-12-1999
Reported in: 2000CriLJ123
R.P. Gupta, J.1. This is State's appeal against acquittal of 16 accused/respondents of charges of forming unlawful assembly with object to commit murder and mischief and in pursuance of their common object committing triple murder of Amarnath, Hariram and Surendra on 11-11 -85 between 10 11 p.m. in village Sarai, P.S. Piplod, Dist. Khandwa. The judgment was passed in S.T. No. 38/86 by'Addl. Sessions Judge, Burhanpur, Dist. Khandwa on 24-6-87.2. The acquittal is based mainly on the probability that all the accused might have acted in self defence. Accused Ramsingh suffered one injury resulting in fracture of right frontal and temporal bone, while Bhagwansingh suffered simple injuries on his little finger and Roopsingh suffered simple injuries on the upper part of his right hand. These were blunt weapon injuries. The trial Court had rejected the testimony of eye-witnesses including injured witnesses namely PW 7 Kiran, sister of deceased Surendra, PW 12 Mukesh, nephew of Hariram and Amarn...
Smt. Rehana Parveen Vs. Naimuddin
Court: Madhya Pradesh
Decided on: May-11-1999
Reported in: AIR2000MP1; 1999(2)MPLJ341
ORDERV.A. Agrawal, J.1. This revision is directed against the order dt. 12-2-99 passed in Guardian and Wards Case No. 2/98 by 1st ADJ Jabalpur.2. An application under Sections 7 & 10 of Guardians and Wards Act was filed by the petitioner-mother for the custody of her minor daughter Ku. Huda, now aged about 4 years. The application was opposed on the ground that earlier by order dt/- 31-3-97 in Guardians and Wards Case No. 36/96, the matter of custody of the minor daughter stands already decided and concluded. Therefore, the earlier order would operate as res judicata and the matter cannot be reagitated before the trial Court. The submission as above found favour with the trial Court and by the impugned order, the petition filed by the petitioner-wife under Sections 7 & 16 of the Guardians and Wards Act (hereinafter referred to as 'Act' for short), was dismissed, as not maintainable.3. The learned counsel for the petitioner has urged firstly that the earlier order dated 31-3-97 in Guard...
New India Assurance Co. Ltd. Vs. Kamla Bai and ors.
Court: Madhya Pradesh
Decided on: May-11-1999
Reported in: 2001ACJ1045
D.P.S. Chauhan, J. 1. This miscellaneous appeal is directed against the award dated 12.10.1995 passed in Motor Vehicle Case No. 13 of 1991 by 2nd Additional Motor Accidents Claims Tribunal, Durg, whereby the claimants' claim was allowed.2. The cause-list revised. Counsel for the respondents are not present though their names are shown in the cause-list. Heard learned counsel for the appellant.3. The only submission advanced by the learned counsel for the appellant Mr. S.K. Rao is that the Tribunal has committed grave error in not deducting the one-third amount of the total income which the deceased would have spent on himself and in that connection he invited attention of the court to para 15 of the award. From para 15 it is apparent that no allowance has been made equivalent to one-third of the total income of the deceased which he would have spent on himself. The finding regarding income of the deceased is that he was earning at least Rs. 2,000 per month, i.e., Rs. 24,000 per year. O...
Dr. Sameer Harshey Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-10-1999
Reported in: AIR1999MP234; 2000(1)MPLJ65
ORDERR.S. Garg, J.1. This order shall also dispose of W.P. No. 2121/99 (Dr. A. Rajiv Sunny v. State of M.P. and Ors.), W.P. No. 956/99 (Ku. Bhawana Tiwari v. State of M.P. and Ors.) and W.P. No. 1181/99 (Swapnil Jakheria v. State of M.P. and Ors.).2. The facts necessary for the disposal of the petitions are that Dr. Sameer Harshe, petitioner of W.P. No. 1627/99 according to his merit has been admitted to the post-graduate diploma course in ENT in Netaji Subhash Chandra Bose, Medical College, Jabalpur. He was given the said diploma course in the first counselling. According to him because of availability of the degree course in ENT he is entitled to be given the degree course. According to the petitioner he give a notice demanding justice on 11-3-1999 requesting the respondents to give the said seat to him but as nothing has been done in his favour, he was required to file the petition. According to Dr. Harshe about 290 post-graduate degree seats on clinical side are available. Accordin...
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