Madhya Pradesh Court September 1999 Judgments
Mahila Ramkali and ors. Vs. Raghuraj Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-30-1999
Reported in: I(2000)ACC227
ORDER1. Feeling aggrieved by the award of the Motor Accident Claims Tribunal, Morena (hereinafter referred to as the Tribunal) whereunder an amount of Rs. 3,36,000/- had been determined to be payable as compensation in the proceedings initiated for the award of compensation under Section 166 of the Motor Vehicles act, 1988 alongwith an interest at the rate of 12% per annum from the date of presentation of the claim till the realisation of the amount awarded as compensation, they have now come up in appeal seeking redress praying for the enhancement of the amount of compensation.2. We have heard the learned Counsel for the appellants as well as the learned Counsels representing the contesting respondents, and have carefully perused the record.3. The facts in brief, shorn of details, and necessary for the disposal of this appeal lie in a narrow compass : In an accident involving the offending motor vehicle (truck) registration No. M.B.H. 1088 and a scooter registration No. M.P. 06/ 0233 ...
Tag this Judgment!Mohd. Sharif Vs. Nattha Ram and ors.
Court: Madhya Pradesh
Decided on: Sep-30-1999
Reported in: I(2000)ACC567
Fakhruddin, J.1. In this case, the Motor Accident Claims Tribunal has awarded a sum of Rs, 25,000/- to the claimant/appellant by the impugned award dated 8.12.1997, passed in a Claim Case No. 29/93 against which this appeal has been filed by the appellant for enhancement of the said award.2. Earlier, this matter had come up before this Court on 28.8.1998 and the parties present on that date mutually arrived at the consensus that the amount of Rs. 15,000/- only may be enhanced apart from the awarded amount and on the request of the Counsel for the parties that was directed to be placed before the Lok Adalat. Counsels for the parties submitted that since service on the respondents 1 and 2 was not effected the matter could not be disposed of at that time. Respondent Nos. 1 and 2 have now been served.3. Mr. Kuldeep Singh, learned Counsel for the appellant and Mr. Bansal, learned Counsel appearing for the Insurance Company jointly submitted that apart from the awarded amount by the Tribunal...
Tag this Judgment!Samadkunwar Smt. and ors. Vs. Radheshyam and anr.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: II(2000)ACC456; (2000)IIILLJ1246MP
A.K. Gohil, J. 1. The appellants have preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) against the judgment and award dated February 25, 1997 passed by the Commissioner for Workmen's Compensation, Labour Court, Ratlam in Case No. 5/W.C.F./89 for enhancement of compensation and also for grant of interest and penalty.2. Undisputedly the facts of the case are that the deceased Laxman Singh was working on drilling unit (Boring Machine) with a truck bearing registration number MQU 9299 as a cleaner owned by Respondent No. 1. The aforesaid vehicle was insured with Respondent No. 2. The deceased was getting Rs. 900/- per month as salary. While working as a cleaner on February 23, 1989 deceased Laxman Singh died because of electric shock and electric current. The matter was reported to the Police Station, Ratlam. The aforesaid drilling unit was seized on February 27, 1989 by the police and subsequently the same was released on ...
Tag this Judgment!Smt. Hina Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: I(2001)DMC340
ORDERMaithli Sharan, J .1. This is a criminal miscellaneous petition under Section 407 of the Code of Criminal Procedure filed by the wife against the respondents, inter alia, her husband and her father-in-law, praying for the transfer of the Criminal Case No. 1581 of 1998 pending in the Court of Chief Judicial Magistrate, Shivpuri, to the Court of Chief Judicial Magistrate, Gwalior.2. The brief facts are thus: The petitioner was married to the respondent No. 3, Mukesh Virthare, on 14.2.1997 and that the marriage had taken place at Gwalior where the petitioner resided; after the marriage she went to reside with her husband at Shivpuri. Her husband and father-in-law, respondent Nos. 3 and 4 respectively, started maltreating her. They asked her to bring Rs. 50,000/- cash, coloured television and Yamaha Motor-cycle from her father. Their behaviour with her became cruel and they told her that if she could not bring these items, she should better go to her parents' place. The petitioner the...
Tag this Judgment!Bhagoni Singh Vs. Ghasitibai and ors.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: 2000(1)MPHT365
R.P. Gupta, J.1. This second appeal is directed against judgment and decree dated 12-12-94 passed by III Addl. Distt. Judge, Vidisha in Civil Appeal No. 250-A/91 (old No. 9-A/88) whereby the judgment and decree of civil judge, Class I, Kurwai Distt. Vidisha in Civil Suit No. 288-A/84, decided on 23-12-87 was partly decreed and it was dismissed in respect of specified survey numbers mentioned in 'amended schedule A' filed with the written statement which was jointly filed by Ghasitibai and Ramprasad respondents 1 and 2. The finding of the two Courts below was that out of the suit land these specified Khasra Nos. 191, 318, 319, 320, 157, 136, 536, 538, 543, 482 and 607 had been given to the defendant Ramprasad by the common ancestor, Govindi, who was grandfather of Ramprasad. Grandfather is referred to as 'Aaja' in this part of the country.2. The undisputed geneology of parties is as under :- Govindi | _______________________________________________ | | Sukhlal Mardansingh | | __________...
Tag this Judgment!Motilal and ors. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: 2000(1)MPHT229; 2000(1)MPLJ270
R.P. Gupta, J. 1. Five appellants have been convicted in Sessions Trial No. 330/95 by 1st Addl. Sessions Judge, Guna vide his judgment dated 74-1997 for having committed offence under Section 304 Part I read with Section 149 I.P.C. and Section 147 of the I.P.C.. They were found to be forming unlawful assembly on 14th August, 1995 at about 5 p.m. in the area of jungle of village Jaganpur and attacked deceased Raghuvir with sharp edged and hard blunt weapons like Farsa, luhangi and lathis. The most serious injury caused was with Farsa cutting about 1/3rd front of right arm of the deceased. There were other injuries also on the right arm and leg causing sharp edged cuts and blunt weapon injuries were caused on the face and other parts of the body. Total six injuries were caused. Raghuvir died by about 6 p.m. as a result of these injuries. The appellants have been sentenced to five years' RI each under Section 304 Part I read with Section 149 IPC and to one year's RI under Section 147 IPC....
Tag this Judgment!State of M.P. Through Food Inspector Vs. Ganesh Prasad and anr.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: 2000(1)MPHT395
S.S. Saraf, J.1. This Criminal Appeal has been filed by the appellant-State against the judgment and order dated 30-1-1988 passed by Judicial Magistrate, 1st Class, Janjgir in Criminal Case No. 321 of 1982, whereby the accused-respondents have been acquitted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (for short 'the Act').2. The prosecution case in brief was that on 18-2-1982 at village Sheorinarayan, during the annual Sheorinarayan Mela (Fair), the accused-respondent No. 1 was carrying on a sweet-meats shop wherein he was preparing and selling 'Jalebi', 'Bhajia' etc.. The Food Inspector, A. Pasha (P.W. 1) visited his shop and after introducing himself in the presence of witnesses purchased 600 gms of 'Maida' after paying Rs. 1.80 as price thereof. The sample of Maida purchased as above was divided into three equal parts which were kept in three separate dry and clean polythene bags. Each polythene bag was securely fastened, labelled and sealed as p...
Tag this Judgment!Smt. Hina Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: 2000(2)MPHT161
ORDERMaithli Sharan, J.1. This is a Criminal Miscellaneous Petition under Section 407 of the Code of Criminal Procedure filed by the wife against the respondent - inter alia, her husband and her father-in-law, praying for the transfer of the Criminal Case No. 1581 of '98 pending in the Court of Chief Judicial Magistrate, Shivpuri, to the Court of Chief Judicial Magistrate, Gwalior.2. The brief facts are thus : The petitioner was married to the respondent No. 3, Mukesh Virthare, on 14-2-1997 and that the marriage had taken place at Gwalior where the petitioner resided; after the marriage she went to reside with her husband at Shivpuri. Her husband and father-in-law, respondents No. 3 and 4 respectively, started mal-treating her. They asked her to bring Rs. 50,000/- cash, coloured television and Yamaha Motor-cycle from her father. Their behaviour with her became cruel and they told her that if she could not bring these items, she should better go to her parents' place. The petitioner the...
Tag this Judgment!T.M. Varghese Vs. M.P. Public Service Commission and anr.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: 2000(1)MPHT623
ORDERA.K. Gohil, J.1. By this petition under Article 226/227 of the Constitution of India, the petitioner is seeking a writ of certiorari or any other suitable writ for quashing the order of termination Annexure P-9 and further direction that the petitioner be treated in service during the pendency of the petition also.2. In short, the facts of the case are that the petitioner was appointed as Senior Stenographer (P. A.) on 07-11-90 on probation of two years. It was also one of the conditions in the appointment letter that the petitioner was to submit certificate of his having passed the English Shorthand and Typewriting Examination from the authorised Examination Board within one year from the date of appointment. On 02-08-91, the respondents wrote a letter to the petitioner asking him about the result of the Examination. On 05-08-91 another letter was written and by letter dated 06-08-91, the petitioner informed to the Respondent Ayog that in the month of February, 1991, he had appea...
Tag this Judgment!Prahlad Vs. Mushtaque and anr.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: I(2000)ACC277
ORDERA.K. Gohil, J.1. This is claimant's appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded by Award dated 20.12.1996 by the Addl. Member, M.A.C.T. Manawar, District Dhar in Claim Case No. 65 of 1994.2. Undisputedly the facts of the case are that the appellant-claimant is aged about 25 years and working as a Sweeper in the Nagar Palika, Manawar. On 27.12.1993, at about 7.00 p.m., on the bridge of Man Nadi, the bus bearing registration number CIH-7771 belonging to respondent No. 2 - Corporation and being driven by respondent No. 1 driver Mushtaque rashly and negligently dashed the appellant from his back side, appellant received injuries in the elbow of the left hand, shoulder, left eye, right hand, palm, back and head. Thereafter he was taken to Government Hospital Manawar, After putting 12 stitches in the left hand, he was referred for further treatment to Government Hospital, Dhar. He was admitted for seven days in Dhar Hospital. X-ray wa...
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