Madhya Pradesh Court January 2000 Judgments
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Basanta Vs. Smt. Laxmibai and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: I(2001)DMC14
ORDERR.S. Garg, J. 1. The applicant/judgment-debtor being aggrieved by the order dated 20.2.1998 passed by the learned Civil Judge Class I, Chhindwara in Execution Case No. 2/97 over-ruling the objections filed by the applicant/judgment-debtor, has filed this petition under Section 115, C.P.C.2. Undisputedly on 23.9.1996 in Civil Suit No. 12-A/94 between the non-applicant No. 1 /plaintiff on one side, and present applicant and non-applicant Nos. 2 and 3/defendants on the other side, the suit was decreed in favour of plaintiff Laxmibai inter alia directing the plaintiff Laxmibai is entitled to 1/4th share in the house. The Court also directed that the plaintiff is entitled to seek partition by metes and bounds. No challenge was made to the said ex-parte judgment and decree, and the final decree proceedings started. In the final decree proceedings, the property that is the dwelling house was put for partition and the same was partitioned in four equal shares. The present applicant raised...
Atmaram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: 2000(4)MPHT93
A.K. Gohil, J.1. This appeal under Section 374 of the Code of Criminal Procedure has been preferred against the judgment dated 6-7-1998 passed by First Additional Sessions Judge, Ujjain in ST No. 136 of 1996 convicting the appellant-accused Atmaram under Sections 302 and 323, IPC and sentencing him imprisonment for life and also 3 months RI respectively, which shall run concurrently.2. Appellant-accused is the son of Nagu. Both were prosecuted before the trial Court. Nagu was convicted under Section 323, IPC and sentenced to fine of Rs. 500/- but he has not filed any appeal against the same.3. As per prosecution story, on 11-3-1996 at about 11.00 p.m. appellant-accused Atmaram and his father Nagu came in front of the house of Balu and started abusing Balu. Balu and his brother Ramaji tried to persuade the appellant-accused Atmaram not to abuse but the accused said that today he will kill him and thereafter he came with a lathi (Gedia) alongwith his father Nagu. Nagu also started shouti...
Municipal Corporation, Satna Vs. Badri Prasad and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: 2001(4)MPHT387
S.C. Pandey, J.1. This is an appeal under Section 100 of the Code of Civil Procedure, filed by the appellant/defendant against the judgment and decree dated 21-3-1990, passed by IInd Additional District, Judge, Satna, in Civil Appeal No. 87-A of 1987, arising out of judgment and decree dated 19-1-1987, passed by IInd Civil Judge Class-I, Satna, in Civil Suit No. 73-A of 1984.2. Shortly staled, the tacts necessary tor the disposal of this appeal are that the respondent No. 1 filed Civil Suit No. 73-Aof 1984 in the Court of Ilnd Civil Judge, Class I, Satna, claiming that he was entitled to a declaration that he acquired the rights of a lessee in the auction held on 21-5-1984 by the appellant-Municipal Corporation, Satna. The appellant was made defendant No. 1 in the plaint. The State of Madhya Pradesh, the respondent No. 2 in this appeal, was arrayed as defendant No. 2 and Siyasharan, the respondent No. 3 in this appeal, was arrayed as defendant No. 3 in the plaint, in whose favour the s...
New India Assurance Co. Ltd. Vs. Chhandi Khangar and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: 2002ACJ715
D.P.S. Chauhan, Actg. C.J.1. This order shall also govern the disposal of Misc. Appeal No. 742 of 1998 (New India Assurance Co. Ltd. v. Nanhi Bai).2. On 26.12.1993 at 5.30 p.m., Om Prakash Khangar and Babu Lal Kori, who were labourers and were travelling in a tractor bearing registration No. MP 15-D 1583, died on account of accident due to rash and negligent driving of the tractor. The heirs of both the deceased persons have filed separately claim petitions, being Claim Case No. 1 of 1994 and Claim Case No. 2 of 1994, which were decided by a common award dated 11.2.1998 by the 1st Additional Motor Accidents Claims Tribunal, Tikamgarh. The Claims Tribunal had granted the claim for a total sum of Rs. 1,94,000 to Chhandi Khangar on account of death of Om Prakash Khangar in Claim Case No. 1 of 1994 and also granted the claim for a sum of Rs. 1,62,000 to Nanhi Bai on account of death of Babu Lal Kori in Claim Case No. 2 of 1994. This award is the subject-matter of challenge by means of two ...
National Insurance Co. Ltd. Vs. Bhagwati Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: 2002ACJ700
D.P.S. Chauhan, Actg. C.J.1. Misc. Appeal Nos. 1099 and 1301 of 1997 are two appeals directed against the award dated 3.5.1997, passed in Claim Case No. 22 of 1994. Misc. Appeal No. 1099 of 1997 has been filed by National Insurance Co. Ltd. whereas Misc. Appeal No. 1301 of 1997 has been filed on behalf of the claimants. In the earlier appeal, the relief sought is for getting aside the award and in the subsequent appeal the relief sought is for enhancement of the amount under the award. The award is for a total sum of Rs. 1,02,000 out of which, an amount of Rs. 96,000 is awarded on account of the loss of dependency.2. Brief facts are that on 1.2.1994 the deceased Sukumar Sikdar was travelling in a jeep bearing registration No. CPR 6601 which was going from Narayanpur to his village and after covering the distance of 14 km., the jeep met with an accident with a Government ambulance van bearing registration No. CPZ 2923 as a result of which he died on the spot and other passengers sitting...
New India Assurance Co. Ltd. Vs. Ramila and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: I(2000)ACC590; 2002ACJ946
Shambhoo Singh, J.1. This judgment shall govern the disposal of M.A. No. 325 of 1993 (New India Assurance Co. Ltd. v. Ramila) and M.A. No. 326 of 1993 (New India Assurance Co. Ltd. v. Shashi) which arise out of the awards dated 29.4.1993 passed by Motor Accidents Claims Tribunal, Jhabua in Claim Case Nos. 83 and 101 of 1989 respectively.2. The facts of the case, in brief, are that on 15.7.89 the deceased Vimal Kumar was going on his scooter with Ramesh-chand as pillion rider. When they reached near village Tikdijogi, non-applicant/respondent Gafoor Khan came from opposite direction driving bus No. MBN 1188 belonging to non-applicant No. 2 Kanhaiya-lal and insured with appellant New India Assurance Co. Ltd. in rash and negligent manner and dashed against the scooter, as a result of which Rameshchand and Vimal Kumar died. The L.Rs. of Rameshchand claimed compensation of Rs. 15,02,180 while the L.Rs. of deceased Vimal Kumar sought compensation of Rs. 7,61,000 in the Claim Case Nos. 83 and...
New India Assurance Co. Limited Vs. Yatendrasingh
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: 2(2000)ACC187
ORDER1. This appeal is directed by the defendant against the judgment and decree dated 2.1.1990 passed by the District Judge, Jhabua, in Civil Suit No. 3-B/1986.2. It is not in dispute that truck No. M.B.I. 9486 owned by the respondent stood insured with the appellant on the date of accident, i.e. 13.5.1984. It was carrying 144 bags of Temru leaves. It burnt alongwith the load near village Lakhankot (Alirajpur). Respondent's case, in brief, was that the truck caught fire near village Lakhankot. The driver Noshad Ali and the cleaner Thavariya for extinguishing the fire took the truck to a 'Nulla' but there was no water and ultimately the truck alongwith 144 bags of Temru leaves burnt. Report was lodged at P.S. Alirajpur and information was given to the appellant. The respondent made claim for payment of Rs. 1,51,400/- as damages. The appellant's Surveyor Prakashchand Kimti (D.W. 2) and M.P. Bhargava inspected the spot and found respondent's claim genuine. Respondents claim Inspector Swa...
Shyam Winding Factory Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2000
Reported in: [2000]120STC488(MP)
ORDERA.M. Sapre, J.1. By this petition, preferred under twin articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of assessment order dated December 19, 1988 (annexure B) and revisional order dated March 7, 1990 (annexure C) passed under the 'Madhya Pradesh General Sales Tax Act, 1958' (since repealed). The question that falls for consideration in this petition is whether elastic tapes are exempted from payment of sales tax? The facts necessary for the disposal of the writ lie in the narrow compass. They need mention infra.2. The petitioner-firm was engaged in manufacture of various types of laces and tapes at the relevant time. They got themselves registered as dealer under the provisions of the M.P. General Sales Tax Act, 1958 (for brevity, 'the Act') for the aforesaid product and also some other as is clear from the certificate of registration (annexure R/2).3. In exercise of the powers conferred by Section 12 of the Act, the State Government issued Notif...
Jagruti Moyde Vs. Anil Kumar Moyde
Court: Madhya Pradesh
Decided on: Jan-03-2000
Reported in: II(2002)DMC401
ORDERJ.B. Chitre, J.1. Both the parties have been heard on the points involved in this matter. This petition being related to the matrimonial disputes between the spouses, it is hereby finally decided at this stage so as to avoid possibility of delay in the trials.2. The petitioner and opponent are married with each other and the petitioner has filed a matrimonial petition for getting a decree for restitution of conjugal rights, however, the respondent-husband had filed a petition for getting the decree of divorce against the present petitioner. The petition for obtaining a decree of restitution of conjugal rights has been filed in the district Court, Indore, however, the petition for decree of divorce has been filed by the respondent-husband in the District Court, Badwani. The date of presentation of the petition for restitution of conjugal rights is 26.2.1997 while the petition which has been filed for getting decree of divorce is dated 10.3.1997. A petition was filed by the present ...
Subhash Kharate Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-03-2000
Reported in: 2000CriLJ1178; 2000(2)MPHT59
S.B. Sakrikar, J.1. The accused-appellant has directed this appeal against the judgment dated 17-09-97 rendered by I ADJ and Special Judge, Indore in Special Case No. 01/94, thereby convicting the appellant for the offence punishable under Sections 5 (1) (e)/5 (2) of the Prevention of Corruption Act, 1947 (for short, 'the Act') and awarding the sentence of one year RI and Rs. 60000/- fine, in default of payment of fine, further imprisonment of three months.2. Briefly stated, the case of the prosecution is that the appellant Subhash Kharate was appointed as Forest Ranger in the year, 1960 in the Forest Department of the State Government. After undergoing a training he was appointed on the regular post of Forest Ranger in the year, 1962. Thereafter, he continued in service and promoted as Sub-Divisional Officer (Forest) and posted at various places in the Forest Department. During his posting at Dhar on 14-09-87. Collector, Dhar wrote a letter Exh. P-62 to the Superintendent of Police (S...
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