Madhya Pradesh Court July 2000 Judgments
Dinesh Chandra Sharma Vs. Yashveer Singh Ghuraiya and ors.
Court: Madhya Pradesh
Decided on: Jul-21-2000
Reported in: 2000(3)MPHT490; 2000(3)MPLJ243
ORDERS.P. Srivastava, J.1. Heard the learned counsel for the petitioner.2. The Second Appellant Authority vide the impugned Order has set aside the Order passed by the Collector disposing of the first appeal on the ground that the said appeal had been presented beyond the prescribed period of limitation and the First Appellate Authority had no jurisdiction to entertain the appeal without the condonation of delay in the presentation of the same, which had never been sought for. It has been noticed that in spite of the fact that the first appeal had been presented beyond the prescribed period of limitation, no application had been filed by the appellant, seeking condonation of delay.3. The learned counsel for the petitioner has not disputed the correctness of the observations to the above effect made by the Second Appellate Authority in the impugned order. It is not disputed that the first appeal itself was barred by time and no application had been filed seeking condonation of delay exe...
Tag this Judgment!Thaman Barmaiya Vs. Smt. Shashi Karna and ors.
Court: Madhya Pradesh
Decided on: Jul-20-2000
Reported in: AIR2001MP55
ORDERC.K. Prasad, J. 1. Petitioner (hereinafter referred to as the 'returned candidate') as also respondent No. 2 (hereinafter after referred to as the 'election petitioner') were candidates for election to the office of the Vice-President of the Janpad Panchayat, Mandla, for which election was held on 29-2-2000. In the said election 24 Janpad Panchayat members exercised their right of franchise. In the counting, two votes were declared invalid and out of remaining 22 valid votes, returned candidate as also the election petitioner secured 11 votes each. As both the candidates have secured equal number of votes, election was decided by lot as contemplated under Rule 16(7)(ii) of the M.P. Panchayat (Upsarpanch, President and Vice President) Nirvachan Niyam, 1995. In this exercise, returned candidate was declared elected. 2. Aggrieved by the same, election petitioner filed election petition as provided under Section 122 of the M.P. Panchayat Raj Act, 1993. Election Petitioner, in his elec...
Tag this Judgment!H.E. Education Society, Barkheda, Bhopal Vs. the Appellate Authority a ...
Court: Madhya Pradesh
Decided on: Jul-20-2000
Reported in: (2001)ILLJ691MP; 2001(2)MPHT383
ORDERS.K. Kulshrestha, J.1. The petitioner-Society has challenged the common order Annexure P-l passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'), Bhopal Division, Bhopal in Gratuity Appeal No. 16/99 to 39/99, by which the order dated 19-2-1999 passed under sub-section (4) of Section 7 of the Act by the Controlling Authority holding that the respondent No. 2 in each case, being a retired teacher, was entitled to gratuity, has been affirmed and the appeals filed by the petitioner have been dismissed.2. The petitioner is a Society registered under the provisions of the M.P. Societies Registration Act and, inter alia, runs a school in which the respondent No. 2 was a teacher who retired long back on attaining the age of superannuation. According to the petitioner, prior to the notification dated 3-4-1997 issued in exercise of the powers conferred by clause (c) of sub-section (3) of Section 1 of the Act, the educational institu...
Tag this Judgment!Thumribai and ors. Vs. Kamal Urav and ors.
Court: Madhya Pradesh
Decided on: Jul-20-2000
Reported in: 2000(4)MPHT113
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Bilaspur dated December 2, 1998. Claimants are widow and children of deceased Ramprasad Urav (40). He died in the accident on 1-10-1995 when Tipar M.P.-26-D-2116 met with an accident. It is further stated that the vehicle was driven rashly and negligently. Case under Sections 279, 337 and 304 of the IPC was registered.2. Deceased used to earn Rs. 40.00 per day and was 40 years old. Compensation of Rs. 7,40,000.00 has been claimed with interest @ 10% per annum. Two claim petitions were filed : one by the parents and the other by widow and children.3. Respondents have denied that the deceased was going for labour in the tipar. The owner of the vehicle committed breach of insurance policy since it could not be used for transport of goods and its use for carriage of passengers was in contravention of the policy, therefore, the insurer was not liable for damages. It is also stated th...
Tag this Judgment!Jyoti Chourasiya Vs. Pushpa Chourasiya and anr.
Court: Madhya Pradesh
Decided on: Jul-20-2000
Reported in: 2002ACJ547
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Durg, dated 6.11.95. Accident took place on 10.6.1983 when Ambassador car No. MPT 98 owned by respondent No. 1, driven by the father of claimant, hit the milestone. Appellant suffered injuries and was shifted to the Government Hospital, Kawardha. After first aid she was taken to Bombay and was also treated at Bhopal. Due to the accident she lost vision of right eye completely. There was ulceration on her left eye with the loss of blinking and lachrymation resulting in dry and painful eye. Vision is also reduced which cannot be corrected by power glass. Vehicle was being driven rashly and negligently as a result of which it hit the milestone. Sushil Kumar died while other occupants received injuries. Compensation of Rs. 7,30,000 has been claimed.2. Insurance company has not admitted the claim and alleged that father of the claimant himself was responsible for the accident who was driv...
Tag this Judgment!Smt. Sakinabai and Others Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Jul-19-2000
Reported in: 2001(1)MPHT445
ORDERN.K. Jain, J.1. All these petitions have been heard as connected matters and are being disposed of by this common order.2. In all these petitions, the petitioners who are arm dealers, call in question the State Government Circular dated 4-10-99 (marked Annexure P-2 in all the petitions) whereby it is directed that before any arm is sold, by an arm dealer, he shall ask the purchaser licencee to produce 'No Objection Certificate' from the Licencing Authority certifying the genuineness of his licence.3. I have heard Sarvashri A.H, Khan, S.S. Samvatsar and Smt. S. Waghmare, learned counsel for petitioners; and Prakash Verma, Government Advocate for respondents.4. The petitioners seek to impugn the Circular (Annexure P-2) on the ground that it is without any authority of law besides being unreasonable and arbitrary in nature. It is also violative of their fundamental right to carry business or trade, it is further submitted.As against it, learned Government Advocate has streneously def...
Tag this Judgment!Tukaram Vs. Ramsingh and ors.
Court: Madhya Pradesh
Decided on: Jul-19-2000
Reported in: II(2002)ACC244
ORDERA.M. Sapre, J.1. Claimant is dissatisfied with what is awarded to him by the learned Member of Tribunal for the injuries that he sustained in an accident that occurred on 30.12.1997 with an offending vehicle. In all, he was awarded Rs. 8,500/-. He wants more. The impugned award is dated 14.1.2000, passed by learned Member, M.A.C.T., Kukshi in claim case No. 38/98.2. Having heard the Counsel for appellant and having perused the impugned award and in particular para 17, I do not find any case for upturning the finding so recorded by the Tribunal while declining to grant more compensation. In the opinion of Tribunal, the evidence of Dr. Gupta (AW 2) does not show any disability that may have occurred to claimant as a result of injury. In order to claim compensation it is necessary to show percentage of disability suffered by the claimant. When claimant examined the doctor to prove the nature of injury in his leg, it was equally necessary for him to have proved percentage of disabilit...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Lalu and ors.
Court: Madhya Pradesh
Decided on: Jul-19-2000
Reported in: III(2002)ACC599
ORDERA.M. Sapre, J.1. The decision rendered in this appeal shall also decide the other connected Misc. Appeal No. 894/1998, as both these appeals arise out of the same impugned award and in fact both these appeals are in the nature of cross appeals. The impugned award is dated 9.5.1998, rendered by learned VII A.M.A.C.T., Indore, in Claim Case No. 404/1995.2. On 13.6.1995, the respondent No. 1 - Lalu, while going on a vehicle along with his one relative met with an accident with one Matador, bearing No. MP-09-S-0213 as a result of this accident Lalu suffered certain injuries. He was taken to the hospital where he received treatment. He also underwent operations where his spleen was removed. This led to filing of a claim petition by Lalu in the Court of VII A.M.A.C.T., Indore.3. This claim petition was contested by appellant (Insurance Company) as also by the owner and driver. Indeed owner and driver remained ex parte and only appellant contested claim petition. By impugned award, Tribu...
Tag this Judgment!New India Assurance Co. Ltd., Jabalpur Vs. Jagdish Kumar Rathore and O ...
Court: Madhya Pradesh
Decided on: Jul-18-2000
Reported in: 2002ACJ1727; 2001(1)MPHT169
ORDERS.C. Pandey, J. 1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 2-4-1993 passed by Motor Accidents Claims Tribunal, Betul in Claim Case No. 3/90. There are other appeals registered as Misc. Appeal No. 341/93, Misc. Appeal No. 343/93 and Misc. Appeal No. 344/93 arising out of the consolidated award dated 2-4-1993 passed in Claim Case Nos. 3/90, 4/907 9/90, 20/90 and 30/90.2. The disposal of this appeal shall also govern the disposal of other three appeals Misc. Appeal No. 341/93, Misc. Appeal No. 343/93 and Misc. Appeal No. 344/93.3. The undisputed facts of this case are that on 5-11 -1989, respondent No. 1 Jagdish, Chhotelal, Sawai Ram Davande, Lakhanlal and deceased Saddu were travelling in a truck belonging to respondent No. 3, Dharmendra Kumar Rathore. It was being driven by respondent No. 2, Ram Kishan alias Ram Kishore Rathore. These passengers were going to Sarni on Baretha-Sarni Road. It was claimed by all...
Tag this Judgment!Virendra Kumar Vs. Dasoda Devi and ors.
Court: Madhya Pradesh
Decided on: Jul-18-2000
Reported in: 2002ACJ340; 2000(3)MPLJ603
Bhawani Singh, C.J.1. This appeal challenges the award of Motor Accidents Claims Tribunal, Katni, dated 28.10.1999 whereby the claimant has been awarded Rs. 1,75,000 with 12 per cent interest from the date of application till realisation. This apart, the cost of litigation amounting to Rs. 1,500 has also been awarded.2. Accident took place on 6.7.1997 on National Highway 7 when jeep No. MP 21-A 3204 hit deceased Ashok Kumar (42). Allegation is that this accident took place due to rash and negligent driving of the jeep by the driver. Deceased received serious injuries in the accident and he was shifted to hospital for treatment but he died. The matter was reported to the police, case was registered and the challan presented for prosecution. It is stated that deceased was a healthy young man of 42 years. He was an agriculturist and was having a shop also. He was earning Rs. 4,000 per month by which he was maintaining his family. As a result of the accident claimants lost the source of li...
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