Madhya Pradesh Court April 2000 Judgments
Bhanwar Bai Vs. Shivkumar and ors.
Court: Madhya Pradesh
Decided on: Apr-18-2000
Reported in: 2000(3)MPHT383
ORDERJ.G. Chitre, J.1. Section 166 of The Motor Vehicles Act, 1988 (hereinafter referred to as Act for convenient) provides--(1) An application for compensation arising out of an accident of the nature specified in Sub-section (1) of Section 165 may he made (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be.Proviso to Section 166 provides--'Where all the legal representatives of the, deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.'2. M.A.C.T. has to act keeping in view the be...
Tag this Judgment!M.P. Shikshak Sangh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-18-2000
Reported in: 2000(3)MPHT406; 2000(3)MPLJ24
ORDERHeard.1. The Madhya Pradesh Shikshak Sangh has filed this petition as 'Public Interest Litigation', on the ground of non-fixation of the pay-scale of the Laboratory-Assistants of the Government aided private institutions; vis-a-vis the Lab. Assistants of the Government Schools in the similar pay-scale and redesignation them as Assistant Teacher (Science) at par with the employees of the Government institutions and for payment of all the consequential and ancillary benefits to them.2. The State has filed reply denying the claim. The State has also submitted in the return that some individual Lab. Assistants of the Government aided private schools had filed writ petitions before this Court being W.P. No. 1408/96 (Shiv Dutt Sharma v. State), W.P. No. 1411/96 (Prabhu Dayal Saini v. State), W.P. No. 1433/96 (Baijnath Sharma v. State), and W.P. No. 1434/96 (Mahendra Pal Singh Jadon v. State of M.P. and Ors.). These petitions were decided by a common order dated 3-3-98. The Court held th...
Tag this Judgment!Munni Bai (Smt.) and ors. Vs. Oriental Fire and General Assurance Co. ...
Court: Madhya Pradesh
Decided on: Apr-11-2000
Reported in: 2001ACJ1216; (2001)ILLJ514MP; 2000(4)MPHT110
ORDER1. Admit. Heard finally since learned counsel for both parties are present and the matter requires immediate disposal.2. This appeal is directed against the order of Commissioner for Workmen's Compensation, Labour Court, Mandsaur dated November 6, 1998. The claimants are wife and five minor children of deceased Mohd. Tamil, who died on February 6, 1989 in the accident. He was truck driver of Respondent No. 2 in Truck No MBU-4651. He was receiving Rs. 1,500/- per month and was 36 years old, he was to receive Rs. 1800/- from the owner by way of arrear also. The claimants state that they served notice on Respondent No. 2 for compensation but he declined the request. Consequently, this claim has been preferred before the authority mentioned above on May 9, 1989.3. Insurance Company, The Oriental Fire & General Assurance Company Ltd. appeared while Respondant 2 the owner of vehicle did not appear to contest the claim, hence proceeded ex-parte. The Insurance Company has denied the respo...
Tag this Judgment!Anil Kumar Dubey and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-11-2000
Reported in: 2000(2)MPHT351
ORDERR.S. Garg, J.1. Parties are heard.2. Case diary of Crime No. 103/99 of Police Station Majholi (Jabalpur) in relation to offences punishable under Sections 147, 148, 324/149, 294, 506 and 329/149, I.P.C., the applicant has filed this petition for grant of anticipatory bail under Section 438 Cr.P.C.3. The complainant Ravi Shankar lodged a report on 26-6-99 that the applicants and others armed with deadly weapons opened an assault on him. Allegations against the applicant No. 1 are that he was armed with an axe and had caused injuries to the victim on his head by means of an axe. The allegations against the applicant No. 2 and others were that they had caused injuries by means of hard and blunt object. In the first information report, it was stated that after the complainant could make his escape good and went into the house of Sarpanch the applicant and others caused injuries to the complainant. The medical report does not show any incised injury or even a cut mark on the person of ...
Tag this Judgment!Bhalariyus Minj Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-11-2000
Reported in: 2000(4)MPHT437
S.P. Khare, J.1. Appellant Bhalrius Minj has been convicted under Section 307, IPC and sentenced to rigorous imprisonment for seven years and to a fine of Rs. 200/-.2. The prosecution case was that there was some land dispute between the accused and Simon Tigga. On 12-4-1994 at about 9 P.M. Simon Tigga was returning to his own house in village Magarhar from the house of his younger brother Joykim Tigga (P.W. 1) after taking dinner with him. They were walking together. The accused came there, caught hold of Simon Tigga and made him to fall on the ground. The accused caused several injuries to Simon Tigga with a lathi. There were in all nine injuries including four lacerated wounds on the head. The lathi was broken into two pieces. Joykim Tigga (P.W. 1) lodged the report Ex. P-1 at Balarampur Police Station on 13-4-1994 at 5 P.M. Simon Tigga was examined by Dr. S.P. Vaish (P.W. 18) and admitted in Balrampur hospital. He was showing abnormal behaviour on account of head injuries. He ran a...
Tag this Judgment!Munnibai and ors. Vs. Oriental Fire and General Assurance Co. Ltd. and ...
Court: Madhya Pradesh
Decided on: Apr-11-2000
Reported in: I(2001)ACC517
ORDER1. Admit. Heard finally since learned Counsels for both parties are presei and the matter requires immediate disposal.2. This appeal is directed against the order of Commissioner for Workmen Compensation, Labour Court, Mandsaur dated 6.1.1998. The claimants are with and five minor children of deceased Mohd. Jamil, who died on 6.2.1989 in the accident. He was truck driver of respondent No. 2 in Truck No. MBU-4651.H was receiving Rs. 1,500/-. per month and was 36 years old. He was to receiv Rs. 1,800/- from the owner by way of arrear also. The claimants state that the served notice on respondent No. 2 for compensation but he declined the reques Consequently, this claim has been preferred before the Authority mentioned above on 9.5.1989.3. Insurance Company, The Oriental Fire and General Assurance Compan Ltd. appeared while respondent 2, the owner of vehicle did not appear, to conter the claim, hence proceeded ex-parte. The Insurance Company has denied the responsibility for payment ...
Tag this Judgment!Ram Gopal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-10-2000
Reported in: 2000(2)MPHT353; 2000(3)MPLJ458
S.P. Khare, J.1. Appellant Ram Gopal has been convicted under Section 201 I.P.C. and sentenced to rigorous imprisonment for seven years and to a fine of Rs. 5000/-.2. The prosecution case was that accused Ram Gopal had married Sushilabai in Natra form and was living with her in Anupnagar in a hut. On 21-3-1997 at about 11 A.M. there was quarrel between the two. The accused caused injuries on the head of his wife with a stone resulting in her death. He buried the dead body of his wife in the nearby forest. He made an extra judicial confession to Radheshyam (P.W. 1) who took him to the Police Station. Radheshyam (P.W. 1) lodged the report Ex.P-1. The accused gave the information under Section 27 of the Evidence Act that he has buried the dead body of his wife in the forest and he would point out the place where it was buried. That information was recorded by C.L. Chouhan (P.W. 6) Station Officer of the Rehati Police Station. The accused took him to the forest and pointed out the place wh...
Tag this Judgment!Prema and anr. Vs. Madhya Pradesh State Road Trans. Corpn. and anr.
Court: Madhya Pradesh
Decided on: Apr-10-2000
Reported in: 2001ACJ674
Bhawani Singh, C.J. and A.M. Sapre, J. 1. This appeal is directed against the award of 5th Member, Motor Accidents Claims Tribunal, Indore ('MACT for short) dated 31.10.1998.2. Deceased Samir Bist (20) met with an accident on 10.9.1991 at 8.30 p.m. on A.B. Road, Indore near bungalow of Dr. Verma when his scooter No. MP-09-B-6789 was hit by bus No. CPW 6718 owned by M.P. State Road Transport Corporation (MPSRTC) driven by Ranjitsingh while the bus was coming for going to H.I.G. Colony. The matter was reported at the Police Station, Tukoganj and first information report 652 of 1991 was registered. Deceased was subjected to post-mortem examination, report is available on file. Allegation is that bus was being driven rashly and negligently as a result of which the scooter was hit by it. Deceased fell off the scooter and his head was crushed by the bus; its driver made good his escape. Deceased was taken to the hospital where he died. It is stated that deceased was 20 years old, healthy and...
Tag this Judgment!Smt. Prema Vs. M.P.S.R.T.C. thro' the General Manager and Anr.
Court: Madhya Pradesh
Decided on: Apr-10-2000
Reported in: 2001(5)MPHT273
ORDER1. This appeal is directed against the award of 5th Member, Motor Accidents Claims Tribunal, Indore (MACT for short) dated October, 31, 1998.2. Deceased Samir Bist (20 met with an accident on 10-9-91 at 8.30 p.m. on A.B. Road, Indore near bungalow of Dr. Verma when his scooter M.P.-09-B-6789 was hit by bus No. CPW-6718 owned by M.P. State Road Transport Corporation (MPSRTC) driven by Ranjitsingh while the bus was coming from going to H.I.G. Colony. The matter was reported at the Police Station Tukoganj and first information report 652/91 was registered. Deceased was subjected to post-mortem examination report is available on file. Allegation is that bus was being driven rashly and negligently as a result of which the scooter was hit by it. Deceased fell of the scooter and his head was crushed by the bus; its driver made good his escape. Deceased was taken to the hospital where he died. It is stated that deceased was 20 year old, healthy and handsome young man. At the time of accid...
Tag this Judgment!Manoj Kumar Shrivastava Vs. Arvind Kumar Choubey and ors.
Court: Madhya Pradesh
Decided on: Apr-08-2000
Reported in: AIR2002MP152
V.K. Agrawal, J.1. This appeal is directed against the judgment and decree D/- 16-12-97 in Civil Suit No. 7-B of 1996, by First Additional District Judge, Sagar, whereby the Claim in suit of plaintiff/respondent No. 1, for damages was decreed against the appellant.2. The facts no longer in dispute are that the appellant on the relevant time i.e., in December 1991 was posted at Sagar and was holding/three charges, viz., Administrator Municipal Corporation; Additional Collector and Settlement Officer. An encroachment removal drive was carried out by the Municipal Corporation, Sagar in December, 1991. It has also not been disputed in this appeal that the structure of the 'Lily Hotel and Restaurant' run by plaintiff/respondent No. 1 was also demolished during the said drive.3. The plaintiff's case stated in brief was that he was running the aforementioned hotel. The said hotel was situated on the land of Dev Janki Raman Trust, Sagar, at Civil Lines, Near Collectorate, Sagar. He had obtaine...
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