Madhya Pradesh Court June 2000 Judgments
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National Insurance Company Limited Vs. Jagarnath and ors.
Court: Madhya Pradesh
Decided on: Jun-21-2000
Reported in: 2000(4)MPHT275
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated 24-12-1999 passed by the Additional Motor Accidents Claims Tribunal, Surajpur, District Sarguja in Claim Case No. 87 of 1998.2. The accident took place on 17-5-1998 in which Budharobai died and allegation is that the accident took place due to the rash and negligent driving of the motor cycle by Ajay Kumar. Defence taken is that the vehicle was not insured with the appellant National Insurance Company at the relevant time; therefore, there was no liability of the appellant to pay the compensation.3. The Tribunal has on evidence adduced before it come to the conclusion that the vehicle was insured since the amount of premium had been paid to one B.N. Khare, Inspector/Agent of the appellant two days before the accident. Therefore, the Tribunal has awarded compensation of Rs. 1,20,000 to the claimants with interest at the rate of 12% per annum from the date of application till the date of payment.4. Shri S.K. Rao, ...
National Insurance Co. Ltd. Vs. Jagarnath and ors.
Court: Madhya Pradesh
Decided on: Jun-21-2000
Reported in: 2002ACJ1748
Bhawani Singh, C.J.1. This appeal is directed against the award dated 24.12.99 passed by the Additional Motor Accidents Claims Tribunal, Surajpur, District Sarguja in Claim Case No. 87 of 1998.2. The accident took place on 17.5.1998 in which Budharobai died and allegation is that the accident took place due to rash and negligent driving of the motor cycle by Ajay Kumar. Defence taken is that the vehicle was not insured with the appellant National Insurance Co. Ltd. at the relevant time; therefore, there was no liability of the appellant to pay the compensation.3. The Tribunal on evidence adduced before it came to the conclusion that the vehicle was insured since the amount of premium had been paid to one B.N. Khare, Inspector/Agent of the appellant two days before the accident. Therefore the Tribunal has awarded compensation of Rs. 1,20,000 to the claimants with interest at the rate of 12 per cent per annum from the date of application till the date of payment.4. Mr. S.K. Rao, the lear...
National Insurance Company Ltd. Vs. Jagarnath and ors.
Court: Madhya Pradesh
Decided on: Jun-21-2000
Reported in: I(2003)ACC671
Bhawani Singh, C.J.1. This appeal is directed against the award dated 24.12.1999 passed by the Additional Motor Accident Claims Tribunal, Surajpur, District Sarguja in Claim Case No. 87 of 1998.2. The accident took place on 17.5.1998 in which Budharobai died and allegation is that the accident took place due to rash and negligent driving of the motor cycle by Ajay Kumar. Defence taken is that the vehicle was not insured with the appellant National Insurance Co. Ltd. at the relevant time; therefore, there was no liability of the appellant to pay the compensation.3. The Tribunal on evidence adduced before it came to the conclusion that the vehicle was insured since the amount of premium had been paid to one B.N. Khare, Inspector/Agent of the appellant two days before the accident. Therefore, the Tribunal has awarded compensation of Rs. 1,20,000/- to the claimants with interest at the rate of 12 per cent per annum from the date of application till the date of payment.4. Mr. S.K. Rao, the ...
Mst. Lolo (Dead) Through Her L.Rs. and ors. Vs. Mst. Durghatiya and or ...
Court: Madhya Pradesh
Decided on: Jun-20-2000
Reported in: 2001(2)MPLJ7
S.C. Pandey, J.1. This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 29-10-1988 passed by IInd Additional Judge to the Court of District Judge, Satna in Civil Appeal No. 138-A/87, arising passed by IInd Civil Judge Class-I, Satna, in Civil Suit No. 52-A/82.2. The respondents-plaintiffs filed a suit for declaration and permanent injunction in respect of the suit land mentioned in paragraph 1 of the plaint having area 9.17 acres situate in Village Nayagaon, Tahsil Raghuraj Nagar, District Satna. It was alleged in the plaint that the suit property initially belonged to Vanshgopal Singh whose three sons were Radhika Singh, Sunder Singh and Dadau Singh. The respondents claimed right and title to the suit land through Dadau Singh. It was alleged in the plaint that at the time of filing of the suit. Radhika Singh, Sunder Singh and Dadau Singh had died and, therefore, respondent Nos. 1, 2 and 3 were entitled to the suit property.3. Th...
Mst. Loli and Others Vs. Mst. Durghatiya and Others
Court: Madhya Pradesh
Decided on: Jun-20-2000
Reported in: AIR2001MP188; 2001(1)MPHT494
S.C. Pandey, J.1. This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 29-10-1988 passed by IInd Additional Judge to the Court of District Judge, Satna in Civil Appeal No. 138-A/87, arising out of the judgment and decree dated 26-4-1985, passed by IInd Civil Judge Class-I, Satna, in Civil Suit No. 52-A/82.2. The respondents-plaintiffs filed a suit for declaration and permanent injunction in respect of the suit land mentioned in Paragraph 1 of the plaint having area 9.17 acres situate in Village Nayagaon, Tahsil Raghuraj Nagar, District Satna, It was alleged in the plaint that the suit property initially belonged to Vanshgopal Singh whose three sons were Radhika Singh, Sunder Singh and Dadau Singh. The respondents claimed right and title to the suit land through Dadau Singh. It was alleged in the plaint that at the time of filing of the suit, Radhika Singh, Sunder Singh and Dadau Singh had died and, therefore, respondent Nos. 1, ...
Lallu @ Chhotelal and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-20-2000
Reported in: 2000(3)MPHT224
S.P. Khare, J.1. Appellants Lallu, Sheshmani and Ramraj have been convicted under Sections 304(II)/34 and 307/34, I.P.C. and sentenced to rigorous imprisonment for seven years and five years respectively. They have also been sentenced to pay a fine of Rs. 1000/- each on each count.2. The prosecution case was that on 17-2-1991 at about 9 A.M. appellants Lallu, Sheshmani and Ramraj alongwith three other persons came in front of the house of deceased Chhotelal who was constructing a mud-wall. They were armed with lathis. Bishram was one of the labourers who was constructing the wall. The appellants asked him why his son Arjun had beaten Rambahore a day earlier. They threatened to cause injuries to him. Deceased Chhotelal asked the appellants that they should not commit breach of peace in front of his house. The appellants assaulted deceased Chhotelal with lathis causing two lacerated wounds on his head which proved fatal later. During this incident the appellants assaulted Jaglal (P.W. 10...
Jitendra Singh @ Jittu Verma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-20-2000
Reported in: 2000(3)MPHT228
S.P. Khare, J.1. Appellant Jitendra Singh alias Jittu Verma 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') and sentenced to rigorous imprisonment for four years and a fine of Rs. 40,000/-.2. It is not in dispute that the accused had surrendered in the Court on 11-2-1999 in connection with Crime No. 685 of 1.998 under Section 20 of the Act. Arvind Dhahake (P.W. 9), Station Officer of Narsinghpur Police Station had taken the accused in police custody with the permission of the Court where the accused had surrendered.3. The prosecution case is that Arvind Dhahake (P.W. 9) interrogated the accused on 11-2-1999 at the Police Station and then the accused gave the information that he has kept five bags of Ganja in the house standing on the agricultural land belonging to Uchit Mishra in village Khairehar. The accused also made a statement that he was prepared to take the police to the said house...
Ashok Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-20-2000
Reported in: 2000(3)MPHT486
ORDERJ.G. Chitre, J.1. Shri Hemant Kumar placed reliance on the judgment of the Supreme Court in the matter of Maqsoodan and Ors. v. State of U.P. (1983 Cr.L.J. 218) and a judgment of this Court in the matter of Raghunandan Singh v. State of M.P. (1995 MPLJ 321). Shri Hemant Kumar submitted that the deceased Jyotibai was in expectation of death when her dying declaration was recorded by the Executive Magistrate in the presence of Medical Officer who was medically treating her. In view of that, he submitted that the said statement would not be coming under the purview of the dying declaration, and therefore, it should not be used for the purpose of rejecting the prayer for bail made by the petitioner. Shri Hemant Kumar further placed reliance on the judgment of this Court in the matter of Raghunandan Singh v. State of M.P. (supra) by pointing out that this Court has held in the said matter that the law of bails, which constitutes an important branch of procedural law, is not static one;...
Smt. Jagran and Others Vs. Smt. Basanti Bai and Others
Court: Madhya Pradesh
Decided on: Jun-19-2000
Reported in: 2001(1)MPHT430
ORDERDipak Misra, J. 1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendants applicants have called in question the sustainability of the order dated 29-9-99 passed by the learned District Judge, Bilaspur in Civil Suit No. 23-A/99.2. Shorn of unnecessary details the facts which are necessary to be stated for disposal of this civil revision are that the non-applicant No. 1 asplaintiff filed a Civil Suit for accounts and for possession of half portion of the disputed land and the house, averring that her father Ramnath and Jagannath Prasad, father of applicants No. 2 & 3, were brothers and they constituted a Joint Hindu Family. It was further pleaded that the entire disputed properties were Joint Hindu Properties. It is alleged in the plaint that the defendants had sold the part of the property and were bent upon to sell other properties and this act of the defendants compelled the plain...
Sukhjeet Singh Vs. Sirajunnisa
Court: Madhya Pradesh
Decided on: Jun-19-2000
Reported in: AIR2001MP59; 2000(3)MPLJ593
ORDERDipak Misra, J. 1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendant/applicant has called in question the defensibility of the judgment and decree dated 31-7-1999 passed by the learned Second Civil Judge Class II, Bilaspur in Civil Suit No. 211 -A/96 whereby the said learned Judge decreed the suit of the plaintiff/non-applicant preferred under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act'). 2. The facts as have been undraped are that the house of the defendant is situated adjacent to the lane of Sharma Tent House in Rajendra Nagar. There are two blocks in the said house and the plaintiff is residing in the South Block on payment of Rs. 250/- per month. It is stated that the tenanted premises include two living rooms, one kitchen and one veranda. In the other room the defendant resides. In Dec. 1994 marriage ceremony of the defendant was to be h...
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