Madhya Pradesh Court January 2000 Judgments
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Sunil Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-18-2000
Reported in: 2000(3)MPHT237
S.P. Khare, J.1. Appellant Sunil Kumar has been convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the 'Act') for being found in unlawful possession of 600 grams of Ganja on 22-4-1999 and sentenced to rigorous imprisonment for one year and a fine of Rs. 500/-. He has also been convicted under certain provisions of the Motor Vehicles Act, 1988 but the conviction and sentence on that account are not challenged at the time of hearing of this appeal as the appellant has already served out the substantive sentences of imprisonment under the provisions of the Motor Vehicles Act, 1988.2. So far as conviction of the appellant under Section 20(b)(i) of the Act is concerned, that is challenged on the ground of non-compliance with the provisions of Sections 42, 50 and 57 of the Act. A scrutiny of the evidence on record shows that these statutory provisions have been fully complied with. The information received by Sub-Ins...
Hema Vs. Narayan and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2000
Reported in: 2001ACJ61
A.M. Spare, J.1. This appeal is at the instance of claimant filed under Section 173 of Motor Vehicles Act questioning the legality and propriety of an award dated 27.9.96 rendered by M.A.C.T., Mandsaur in Claim Case No. 38 of 1994. Facts in short for the disposal of this appeal need mention infra.2. On 6.7.1992, when claimant Hema aged about 6 years was going on the road, a tractor belonging to respondent No. 1 and insured with respondent No. 3 dashed her resulting in some injuries on her body such as on head and legs. This led to filing of claim petition before the M.A.C.T., out of which this appeal arises, claiming compensation for the loss and disability that the claimant suffered.3. The claim was contested by the respondents (non-applicants). So far as the insurance company was concerned the defence was that at the time of accident the vehicle in question was not insured with the insurance company. According to insurance company, the accident had occurred at 11 a.m. on 6.7.1992 whe...
Rajkumar and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-18-2000
Reported in: 2000CriLJ1896
S.P. Khare, J.1. Appellants Raj Kumar and Motu have been convicted under Section 376, Indian Penal Code for committing rape on Rukmanibai (P.W.4) aged about 40 years on 30-10-1996 at 1 A.M. near a canal in Bhatapara, Raipur and each of them has been sentenced to rigorous imprisonment for ten years. Appellant Rajkumar has been further convicted under Section 452 and accused Motu under Sections 452/34, I.P.C. and each of them has been sentenced to rigorous imprisonment for three years on that count. They have filed this appeal from Jail under Section 383, Cr.P.C. where they are lodged from 31-10-1996.2. The prosecution case was that Rukmanibai (P.W. 4) aged about 40 years was living as a tenant in the house of accused Rajkumar in Bhatapara. She was married to Hiralal when she was young. She had two sons through him. She left him and after ten years she remarried Ramdas. She left him also after seven years. She was living alone and doing the work of coolie to eke out her livelihood. On 30...
Bodhiram and anr. Vs. Ramprasad and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2000
Reported in: 2002ACJ439
Usha Shukla, J.1. Vll Motor Accidents Claims Tribunal awarded Rs. 50,000 as compensation for the death of Vijay Kumar in an automobile accident on 20.2.1996. His parents have filed this appeal against that award, claiming enhancement of compensation.2. Learned counsel for the appellants argued that the deceased was aged about 15 years and was studying in class VII. He was a meritorious student having bright prospects. The Tribunal limited the compensation to Rs. 50,000 which was awarded by way of interim compensation. This was highly unjustified and inadequate.3. Having heard the counsel for both sides and having perused the record, we are of the view that the appeal should be allowed. Although the deceased was not an earning member, yet following the guidelines given under the Second Schedule to Section 163A of the Motor Vehicles Act, we would take his notional income to be Rs. 15,000 per annum. And considering the age of the claimant and other imponderables, the proper multiplier in ...
Mahadeo Prasad and anr. Vs. Municipal Corporation and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2000
Reported in: AIR2001MP109; 2000(3)MPHT210
ORDERC.K. Prasad, J.1. By this writ petition, filed under Articles 226 and 227 of the Constitution of India, petitioners pray for issuance of a writ in the nature of Mandamus, directing the respondents not to obstruct the petitioners in any manner in their construction of building in the light of the sanctioned map dated 25-7-1997. Further prayer made by the petitioners is to pay to them a sum of Rs. 20,00,000/- as damages for what the petitioners term to be an arbitrary and illegal action of demolition of House No. 708 situated in nazul plot No. 5455 having an area of 2050 Sq. ft. in Madan Mohan Malviya Ward, Galgala in the town of Jabalpur.2. Facts necessary for the decision of the present writ petition are that petitioners are sons of late Smt Veermati Bai, widow of late Kaluram. Late Smt. Veermati Bai along with the petitioners owned house No. 708 having a total area 2050 Sq. ft. built on nazul plot No. 5455 in Madan Mohan Malviya Ward, in the town of Jabalpur. Aforsaid house suffe...
National Insurance Co. Ltd. Vs. Pawan Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-14-2000
Reported in: 2000(1)MPHT557; 2000(2)MPLJ129
ORDER1. The appeal is at the behest of the National Insurance Company Ltd., against the award dated 10-5-1999 passed by the 1st Addl. Motor Accidents Claims Tribunal, Rajnandgaon, in Claim Case No. 47/94. Learned counsel for the appellant submitted that the vehicle in question at the relevant point of time, was not insured and he invited our attention to paragraph 4 of the award wherein it is stated that the insurance premium of Rs. 7,032/- was paid by cheque on 30-9-1993 and the policy was issued, which was effective from 1-10-1993 to 30-9-1994. But, the said cheque, by which the premium amount was paid, was dishonoured from the Bank, and was returned on 12-10-1993. In paragraph 4 of the award, the date 1-10-1993 is wrongly mentioned and since the cheque was dishonoured, the policy did not remain in force. He stated that a communication was also made to the Police Holder on 12-10-1993 that the cheque has been dishonoured and policy is cancelled.2. The Claims Tribunal considered the as...
Purshottam Vs. Rajendra Kumar Sen
Court: Madhya Pradesh
Decided on: Jan-14-2000
Reported in: 2000(2)MPHT435; 2000(1)MPLJ501
R.B. Dixit, J.1. Feeling aggrieved by judgment and decree dated 11-7-1996 passed in Civil Appeal No. 20-A/93 by Third Additional Judge to the Court of District Judge, Gwalior, the plaintiff/appellant has come up in this second appeal praying for restoration of the judgment and decree dated 28-7-93 passed by 10th Civil Judge Class-II, Gwalior, in Civil Suit No. 263-A/91.2. The plaintiff/appellant had filed a suit for eviction against respondent/defendant on the averments that defendant is the tenant of the plaintiff's house from the time of his predecessor, Shri Afle, from whom he has purchased the suit property by registered sale-deed dated 10-4-1981. It was further averred that prior to the purchasing of the house, he was living in a tenanted house. The house is in a dilapidated condition and it can fall at any time. The roof of the tenanted premises stands cracked at various places. The defendant is a bad pay master and had not paid the rent since the time of his predecessor and whil...
Smt. Shanti Devi Sharma and anr. Vs. Radheshyam Palod and anr.
Court: Madhya Pradesh
Decided on: Jan-14-2000
Reported in: 2000(3)MPHT451; 2000(2)MPLJ331
R.B. Dixit, J.1. Feeling aggrieved by judgment and Order dated 13-1-95 passed by Third Additional Judge to District Judge, Vidisha, in Civil Suit No. 18/94, the plaintiffs/appellants have come up in appeal to this Court and prayed for hearing of the suit on merits.2. Appellants/plaintiffs had filed a suit before District Judge, Vidisha for declaration and mandatory injunction in respect of a partnership firm styled as 'M/s. Vidisha Auto Service' to declare that it is an exclusive dealership of the plaintiffs. According to the plaintiffs, defendant No. 2 Indian Oil Corporation granted agency of kerosene oil in Vidisha District to the plaintiffs in the name of Vidisha Auto Service for petrol, diesel and mobi oil. Subsequently another retail outlet was opened in Dholkhedi which business was done in the sub-partnership with the name of Vidisha Auto Sales and Service. Initially, the partnership was constituted of two partners, namely; Ramswaroop Sharma, predecessor in title of the present p...
Stanley Ward and ors. Vs. Coal India Limited and ors.
Court: Madhya Pradesh
Decided on: Jan-13-2000
Reported in: 2000(3)MPHT491; 2000(3)MPLJ380
ORDERDipak Misra, J.1. The factual matrix being same and the question of law involved being similar, both the writ petitions were heard together and are disposed of by this common order. For the sake of clarity and convenience the facts stated in W.P. No. 3383 of 1990 are adumbrated herein.2. The petitioners were working in the Pench Valley Coal Company Limited, Amalgamated Coalfields Limited and Rewa Coalfields Limited which were initially owned by the private owners and were functioning under the managing agency of M/s. Shaw Wallace and Company Limited. While the petitioners were working under the M/s. Shaw Wallace and Company Limited they were governed by the service rules and standing orders framed by them. As per the Service Rules they were entitled to get pension, gratuity, and other benefits as admissible by them from time to time. The Parliament with an object to provide for acquisition and transfer of the right, title and interest of the owners in respect of the Coal Mines spe...
Nirmal Suryaji More and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-12-2000
Reported in: 2000(4)MPHT284; 2000(3)MPLJ599
ORDERFakhruddin, J.1. Heard.2. This petition under Section 482 Cr.P.C. has been filed by the applicants on 16-12-1998, which came up for hearing on 18-12-98. On 18-12-98 counsel for the applicant sought for an adjournment and on 6-1-1999 again time was sought. On 25-1-99 amendment in the petition was made and respondent No. 2 was impleaded as party. On 1-2-1999 notices were issued to the respondents.3. The prayer in the petition is for quashing of the FIR and further investigation pursuant thereto.4. The contention of the counsel for the applicant is that the FIR has been lodged malafide against the applicants whereas the grievances could be against the American Company M/s. Itochu International Inc., 5847, Sanfelipe, Suite 1100 Houston, Texas 77057-3009, U.S.A. It is contended that the applicants were merely liaisoning without consideration. It is further contended that, in any case, the matter is of civil liability.5. A civil suit was filed against the American Company M/s. Itochu In...
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