Madhya Pradesh Court October 2000 Judgments
The New India Assurance Co. Ltd. and Another Vs. Smt. Neelabai and Oth ...
Court: Madhya Pradesh
Decided on: Oct-31-2000
Reported in: II(2001)ACC43; 2002ACJ1468; 2001(1)MPHT115
Shambhoo Singh, J.1. This appeal is directed by the non-applicant Insurance Co. and the ownerof the vehicle against the award dated 6-9-97 passed by MACT, West Nimad, Mandleshwar, in Claim Case No. 66/96, The claimants also filed cross-objections for enhancement of compensation amount.2. The facts of the case, in brief, are that on 12-5-96 the deceased Vijaysingh, the husband of appellant No. 1 and father of appellant Nos. 2 to 5 and son of appellants Nos. 6 & 7, was going towards the river alongwith his son Basant Singh. When they were near the house of Nandu, respondent No. 8 came there driving tractor No. M.P. 10/2385 attached with trolley No. M.P. 10/2386 in rash & negligent manner and when he turned it, the wheel of the trolley crushed Vijaysingh, as a result of which he died on the spot. He was Head Cashier in State Bank of Indore, Branch Choli and was receiving salary at Rs. 10,257=20 paisa. He was aged about 47 years and had ample chances of promotion. The appellants filed clai...
Tag this Judgment!Shriram and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-31-2000
Reported in: 2001(1)MPHT341
Shambhoo Singh, J. 1. This appeal is directed by the accused Mansingh and Shriram against the judgment & order dated 25-9-93 passed by Addl. Sessions Judge, Kukshi, District Dhar, in S.T. No. 229/92 whereby the appellants were convicted for offence under Section 302 of the I.P.C. and sentenced to life imprisonment.2. The prosecution case, in brief, is that in village Haldi, Ajmersingh (P.W. 1) was running flour mill. There was dispute of this land and the land adjacent to it between him and the appellant Mansingh. On the date of incident Le. 26-2-92 at about 5 p.m. the appellants and acquitted accused Mahendra, Rajendra and Manohar, the sons of appellant Mansingh and Lakshman entered the flour-mill and caused injuries to Ajmersingh and asked him to remove the flour-mill and also demolish the house standing thereon. The appellant Mansingh and Shriram gave him Faliya -blows and other appellants caused him injuries with lathi and other weapons. Ranjeet, Lakshman (P.W. 4), Kailash and Bese...
Tag this Judgment!Jaswinder Kaur and ors. Vs. Richhpal Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-31-2000
Reported in: II(2001)ACC57; 2002ACJ1113
Shambhoo Singh, J.1. This appeal is directed by the claimants against the award dated 31.3.1998 passed by the 2nd Addl. Member, M.A.C.T., Indore, in Claim Case No. 184 of 1997 whereby the claim application of the claimants was dismissed.2. The case of the appellants was that on 10.1.1996 the deceased Gurupal Singh, husband of the appellant No. 1, father of the appellant No. 2 and son of appellant No. 3, driving the truck No. MIF 0195 belonging to the respondent No. 1 and insured with the respondent No. 2, went 15 km. away from Hindoli, District Bundi (Raj-asthan), truck No. MP 09-K 9351, belonging to the respondent No. 3 and insured with the respondent No. 4, came from the opposite direction in a rash and negligent manner and dashed against the truck No. MIF 0195 as a result of which Gurupal Singh sustained injuries and died on the spot. The deceased was aged about 29 years and was earning Rs. 3,500 per month. The appellants filed claim application seeking compensation of Rs. 5,62,000....
Tag this Judgment!Ushma Gupta and ors. Vs. Bhagwanti Bai and ors.
Court: Madhya Pradesh
Decided on: Oct-31-2000
Reported in: 2002ACJ1908
Shambhoo Singh, J.1. With great respect, I am unable to agree with the order prepared by my learned brother.2. One Ashok Gupta, who was Asstt. Engineer in Irrigation Department of U.P. Government receiving salary of Rs. 5,400 per month with facilities of quarter, vehicle, servants and phone, died in a motor accident on 10.11.1992. His widow Ushma Gupta and parents filed claim application on 3.1.1994 and claimed compensation of Rs. 35,00,000. The VIII M.A.C.T., Indore awarded compensation of Rs. 26,75,550 vide award dated 25.7.1994. The claimants filed this appeal on 19.10.1995 for enhancement of compensation amount. This appeal was valued at Rs. 35,00,000. The appellants had affixed court-fee stamps of Rs. 9 only.3. My respected brother directed the appellants to affix court-fee on the claim value, i.e., Rs. 35,00,000. In my humble opinion, the appellants cannot be ordered to pay court-fee on the value of the appeal. The appeals preferred against the awards passed in claim cases under ...
Tag this Judgment!M/S Kalpataru Agroforest Enterprises Vs. Union of India
Court: Madhya Pradesh
Decided on: Oct-30-2000
Reported in: 2001(4)MPHT76
ORDERS.C. Pandey, J. 1. This appeal under Section 23 of Railway Claims Tribunal Act, 1987 is directed against the order dated 27-10-98, passed by Railway Claims Tribunal, Bench Bhopal, in Review Case No. 18/98, whereby the review application filed by the appellant against the order dated 10-12-97 was rejected.2. This appeal involves common question of facts and law with connected Misc. Appeal Nos. 161/99, 163/99, 164/99, 166/99 and 167/99 between the same parties. For this reason the disposal of this appeal on merits shall govern the disposal of those appeals and it would be unnecessary to write a separate detailed order in each case.3. The facts giving rise to this appeal may be shortly stated. The appellant filed a claim case before the Railway Claims Tribunal, Bhopal, registered as O.A. No. 391 of 1995 for refund of Rs. 55,450/-. The appellantclaimed that the South Eastern Railway and the North Eastern Frontier Railway represented by the Union of India were not entitled to charge in...
Tag this Judgment!Umed Chand Golcha Vs. Dayaram and ors.
Court: Madhya Pradesh
Decided on: Oct-20-2000
Reported in: 2001ACJ966
Bhawani Singh, C.J. 1. We propose to decide both the aforesaid appeals [Misc. Appeal No. 192 of 1996, Umed Chand Golcha (dead) through legal heirs v. Dayaram and Misc. Appeal No. 88 of 1998, Sunita v. Pushpa Sharma], since common questions for consideration and decision arise in both of them.2. Before adverting to consider the same, it would be desirable to make mention of material facts of the cases one after the other.3. Misc. Appeal No. 192 of 1996 is directed against the award dated 21.11.95 passed by the Motor Accidents Claims Tribunal (III), Durg, in Claim Case No. 75 of 1986. The claimant Umed Chand Golcha (dead) was going from Rajnandgaon to Durg on motor cycle of his friend Shikhar Chand Jain on 1.3.1984. The truck bearing registration No. CPR 8964 belonging to Satya Narayan Sharma, driven by Daya-ram and insured with Oriental Fire & Genl. Ins. Co. Ltd. dashed against the said motor cycle. As a result of this accident, the claimant fell down and his right leg was seriously inj...
Tag this Judgment!Ramfool Vs. Smt. Jagrati
Court: Madhya Pradesh
Decided on: Oct-19-2000
Reported in: 2001CriLJ920; I(2001)DMC125; 2001(2)MPHT234
ORDERA.K. Gohil, J.1. The petitioner-husband has filed this petition under Section 482 of the Code of Criminal Procedure for short 'the Code') for quashing the orders passed by learned Additional Sessions Judge, Khachrod, District Ujjain in Criminal Revision No. 182 of 1999 on 24-3-2000 confirming the order dated16-8-1999 passed by Addl. Chief Judicial Magistrate, Khachrod in Misc. Criminal Case No. 55 of 1998.2. The facts of the case in brief, are that the non-applicant/wife Smt. Jagrati w/o Ramfool Mina filed an application under Section 125 of the Code on 4-9-1991 before the Addl. Chief Judicial Magistrate, Khachrod which was registered as Misc. Criminal Case No. 16 of 1991 (New No. 55 of 1998). In this application she prayed a sum of Rs. 500/- per month as maintenance amount on the ground that her husband Ramfool Mina has contracted second marriage. The Trial Court after recording the evidence awarded a sum of Rs. 1,000/- towards maintenance from 1-1-1999 by order dated 16-8-1999. ...
Tag this Judgment!Madhya Pradesh State Road Transport Corporation and Another Vs. Chandr ...
Court: Madhya Pradesh
Decided on: Oct-18-2000
Reported in: 2001(2)MPHT137
ORDERBhawani Singh, C.J. 1. This appeal arises out of the award dated 15-7-91 passed by Motor Accident Claims Tribunal, Vidisha. Chandraprakash (minor) filed claim petition through guardian Ram Vishal Sharma (father) for compensation of Rs. 13,63,453/- before the Claims Tribunal stating that on 30-11-82 at about 10.30 A.M. when he was going on the road, bus No. CPW 6955 owned by Madhya Pradesh State Road Transport Corporation (M.P.S.R.T.C.) and driven by Prem Singh came from opposite side and crushed the neck and leg of the claimant. Due to this accident claimant suffered disability. It is alleged that the accident took place due to rash and negligent driving by the driver. He was treated at Vidisha and Hamidia Hospital, Bhopal. Respondent stated that claimant crossed the road and due to the error of judgment struck against the rear wheel of the bus and sustained injury. Vehicle was not driven rashly and negligently, therefore, liability for committing accident and paying compensation ...
Tag this Judgment!M/S Kishorilal Loomba and Sons and Others Vs. Debts Recovery Tribunal, ...
Court: Madhya Pradesh
Decided on: Oct-18-2000
Reported in: 2001(2)MPHT139
ORDERBhawani Singh, C.J.1. This writ petition is directed against order of Debts Recovery Tribunal, Jabalpur dated 19-7-2000 (Annexure P-4) passed in T.A. No. 36 of 1998 by which the Tribunal has rejected the application of petitioners preferred under Proviso to sub-rule (6) of Rule 12 of the Debts Recovery Tribunal (Procedure) Rules, 1994.2. Civil Suit No. 8-A of 1996 for recovery of Rs. 78,00,822.75 p. with interest pendente the at the future rate of 18.75% per annum with quarterly rest was instituted by the Bank of India (respondent No. 2 hereafter) againstthe petitioners in the Court of 1st Additional District Judge, Raisen. Following the constitution of Debts Recovery Tribunal, Jabalpur under Section 31 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereafter the Act), the suit was transferred to the Tribunal before evidence could be recorded by the Civil Court. After receipt of record, before issuance of summons to the defendants the Tribunal received...
Tag this Judgment!Kishorilal Loomba and Sons and ors. Vs. Debts Recovery Tribunal and an ...
Court: Madhya Pradesh
Decided on: Oct-18-2000
Reported in: [2003]115CompCas572(MP)
Bhawani Singh, C.J.1. This writ petition is directed against order of the Debts Recovery Tribunal, Jabalpur dated July 19, 2000 (annexure P4) passed in T. A. No. 36 of 1998 by which the Tribunal has rejected the application of petitioners preferred under the proviso to Sub-rule (6) of Rule 12 of the Debts Recovery Tribunal (Procedure) Rules, 1994.2. Civil Suit No. 8A of 1996 for recovery of Rs. 78,00,822,75 with interest pendente lite at the future rate of 18.75 per cent. per annum with quarterly rest was instituted by the Bank of India (respondent No. 2 hereafter) against the petitioners in the Court of the First Additional District Judge, Raisen. Following the constitution of the Debts Recovery Tribunal, Jabalpur under Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereafter the Act), the suit was transferred to the Tribunal before evidence could be recorded by the civil court. After receipt of record, before issuance of summons to the defendan...
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