Madhya Pradesh Court August 2000 Judgments
Anurag Dwivedi Vs. Smt. Sonali Dwivedi
Court: Madhya Pradesh
Decided on: Aug-28-2000
Reported in: 2000(4)MPHT510
ORDERDipak Misra, J.1. Both the civil revisions being interconnected were heard analogously and are disposed by this common order.2. In Civil Revision No. 624/2000 the petitioner is the husband. The marriage between the petitioner and the non-applicant was solemnised on 12-12-97 at Nagpur. Thereafter the petitioner and the non-applicant came to the house of the petitioner at Jabalpur. As the petitioner is working at Bhopal he took the non-applicant - wife with him to Bhopal. Thereafter, they came back to Jabalpur and stayed with the other members of the family. As averred the petitioner left the non-applicant at Jabalpur and proceeded to Bhopal for joining his duties. As the petitioner felt that the non-applicant was of unsound mind he filed a suit for divorce as well as declaration that the marriage is null and void as the fraud had been practised on him. As the application was filed within one year the petitioner sought leave under Section 14 of the Hindu Marriage Act, 1955 (hereinaf...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Smt. Savitri Parag and ors.
Court: Madhya Pradesh
Decided on: Aug-28-2000
Reported in: 2001(5)MPHT394
ORDERBhawani Singh, C.J.1. This judgment disposes of M.A. No. 1758/2000 (arising out of Claim Case No. 63/98), M.A. No. 1759/2000 (arising out of Claim Case No. 64/98) and M.A. No. 1758/2000 (arising out of Claim Case No. 65/98) against the common awards of the Motor Accidents Claims Tribunal, Jabalpur, dated 8-5-2000.2. Shortly stated, the facts are that late Mangal Parag, Ex- M.L.A., aged 48 years, late Mubarak Shah aged 50 years and late Syed Anwar Ali aged 27 years, along with their companion Sunil Kumar Jaiswal, were travelling in FIAT car bearing registration No. MOK 9074 belonging to M/s Harsh Sales and driven by Manoj Suhane. Allegation is that respondent No. 4 Manoj Suhane was driving the car rashly and negligently resulting in the accident near village Hardua, under Police Station Nohta, District Damoh, when this vehicle dashed against a mango tree on the roadside, resulting in the deaths of Mangal Parag, Mubarak Shah and Syed Anwar Ali on the spot, while Manoj Suhane and Sun...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Savitri Parag and ors.
Court: Madhya Pradesh
Decided on: Aug-28-2000
Reported in: 2002ACJ1781
Bhawani Singh, C.J.1. This judgment disposes of M.A. No. 1760 of 2000 (arising out of Claim Case No. 63 of 1998), M.A. No. 1759 of 2000 (arising out of Claim Case No. 64 of 1998) and M.A. No. 1758 of 2000 (arising out of Claim Case No. 65 of 1998) against the common awards of the Motor Accidents Claims Tribunal, Jabalpur, dated 8.5.2000.2. Shortly stated, the facts are that late Mangal Parag, Ex-M.L.A., aged 48 years, late Mubarak Shah, aged 50 years and late Syed Anwar Ali, aged 27 years, along with their companion Sunil Kumar Jaiswal, were travelling in Fiat car bearing registration No. MOK 9074 belonging to Harsh Sales and driven by Manoj Suhane. Allegation is that respondent No. 4 Manoj Suhane was driving the car rashly and negligently resulting in the accident near village Har-dua, under Police Station, Nohta, District Damoh, when this vehicle dashed against a mango tree on the roadside, resulting in the deaths of Mangal Parag, Mubarak Shah and Syed Anwar Ali on the spot, while Ma...
Tag this Judgment!Optel Telecommunications Ltd. Vs. Union of India and Others
Court: Madhya Pradesh
Decided on: Aug-25-2000
Reported in: AIR2001MP161; 2001(2)MPHT393; 2001(2)MPLJ277
ORDERBhawani Singh, C.J.1. These Letters Patent Appeals (L.P.A. No. 209/2000, Optel Telecommunications Limited v. Union of India and others, L.P.A. No. 210/2000, Optel Telecommunications Limited v. Union of India and others and L.P.A. No. 211/2000, Optel Telecommunications Limited v. Union of India and others) are directed against order of the learned Single Judge dated August 4, 2000 dismissing the three Writ Petition Nos. 3406/2000, 3407/2000 and 3408/2000, filed by the appellant/petitioner.2. Petitioner Optel Telecommunications Limited is subsidiary of the M.P. State Electronics Development Corporation, an Undertaking of the Government of Madhya Pradesh, registered under the Indian Companies Act, 1956 with registered office at E-1, New Industrial Area, Phase II, Mandideep (Raisen). It manufactures optical fibre cables, Polythene Insulated Jelly Filled Cables and related accessories. Manufacturing of Optical Fibre Cables started in 1989 and it is a major supplier to various Governmen...
Tag this Judgment!Manish Kumar Yadav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-25-2000
Reported in: 2001(5)MPHT125; 2001(2)MPLJ29
ORDERS.C. Pandey, J.1. This revision is directed against the order dated 8-2-2000, passed by Sessions Judge, Narsinghpur, in Special Case No. 2/2000.2. The facts of this case are that the petitioner Manish Kumar Yadav is the proprietor of Krishna Gas Agency, Gadarwara, District Narsinghpur, allotted to him in the capacity of a handicapped person. It is the case of the petitioner that he resides permanently at Jabalpur and visits Gadarwara occasionally for supervising the work of the said agency. The Food Officer and the Food Inspector had received information that the persons-in-charge of Krishna Gas Agency, Gadarwara, were supplying gas cylinders to the customers at the rate of Rs. 180/- per cylinder and the actual price of a cylinder was already reduced to Rs. 170.10, with effect from 5-3-99. Thereafter, upon making an enquiry, the Assistant Food Officer and the Food Inspector, on 6-3-99, found that Avnish Tiwari and Deepak Budholiya who were running the Krishna Gas Agency, were sell...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Gindabai and ors.
Court: Madhya Pradesh
Decided on: Aug-25-2000
Reported in: 2002ACJ1589
Bhawani Singh, C.J.1. All these five appeals are proposed to be decided by this order since they arise out of the same accident and award of Motor Accidents Claims Tribunal, Jabalpur, dated 6.11.1997.2. Truck bearing registration No. CIQ 1176 met with an accident on 30.4.1992, at 4 a.m. near Nigri culvert on National Highway No. 7, within the jurisdiction of Police Station, Bargi, Distt. Jabalpur. This vehicle was owned by R.N. Tandon and driven by Israil at the relevant time. It was insured with the appellant, Oriental Insurance Co. Ltd. The deceased were sitting in this vehicle at the relevant time, since the tractor which was boarded by them initially, went out of order. As a result of this accident, all occupants of the truck died. Therefore, claim petitions have been filed by the legal representatives claiming compensation from the owner, driver and the insurance company. It is alleged that the vehicle was being driven rashly and negligently resulting in the accident.3. The defenc...
Tag this Judgment!Prakash JaIn and Others Vs. Vijay Saxena and Another
Court: Madhya Pradesh
Decided on: Aug-24-2000
Reported in: 2001(1)MPHT203
Dipak Misra, J. 1. In this civil revision preferred under Section 115 of the Civil ProcedureCode (hereinafter referred to as 'the Code') challenge is to the order dated 23-12-99 passed in C.S. No. 236-A/99 by the IIIrd Civil Judge, Class-II, Bhopal.2. The facts as have been undraped are that the non- applicant No. 1 initiated the aforesaid civil litigation for rendition of accounts, injunction and appointment of receiver on the ground that the firm had already been dissolved as per the terms and conditions of the Partnership deed. After the defendants/ applicants entered contest, they moved an application under Order 7 Rule 11 of the Code to reject the plaint on the ground as the firm is not registered a suit cannot be instituted as envisaged under Section 69 of the Partnership Act, 1932 (hereinafter referred to as 'the Act'). The learned Trial Judge on consideration of the material on record negatived the prayer of the applicants/ defendants. The said order is cause of grievance of th...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. Aguram and ors.
Court: Madhya Pradesh
Decided on: Aug-24-2000
Reported in: 2000(4)MPHT353
ORDERA.K. Mishra, J.1. The present appeal has been preferred by the insurer aggrieved by the award passed by the Claims Tribunal, Korba awarding a sum of Rs. 1,10,000/-along with interest from the date of application at the rate of 12% per annum in respect of death claim of one Tulsiram who died in an accident dated March 4, 1994.2. The claimants alleged that Truck No. MP 26-D 0651 owned by Om Prakash Satyapal which was being driven by Dushyant Kumar caused accident. It was insured with the appellant insurance company. The claimants filed a petition claiming compensation to the tune of Rs. 6,03,200/-. It was alleged that the death of Tulsiram took place owing to the rash and negligent driving of the vehicle by the driver. The insurer took the plea that it was not liable to pay any compensation on the ground that the truck driver was not having a valid driving licence and he was not authorised to drive the vehicle which he was driving. Hence the liability imposed under the award is bad ...
Tag this Judgment!Dhartipakad Madan Lal Agrawal
Court: Madhya Pradesh
Decided on: Aug-24-2000
Reported in: 2000(4)MPHT131; 2000(3)MPLJ318
ORDERR.B. Dixit, J.1. The notice issued to the contemner to show cause, sets out the events that took place in the Court of Election Judge (Before Hon'ble Shri S.S. Jha, J.) in Election Petition No. 47/99 on 5-5-2000, the record of the events is as under:'Petitioner (contemner) in person.Respondents No. 2 and 3 by S/Shri R.A. Roman & T.C. Singhal, Advocates.Respondents have moved an application that Election Commission and Returning Officer are not necessary party to the petition under Section 82 of the Representation of the People Act, they are not necessary party.Petitioner started arguing in person and he misbehaved in the Court and insisted that he has a right to challenge the ultra vires of the provisions of the Representation of the People Act. When he was asked to point out the provision under which he can challenge it, he became unruly and started shouting in the Court. He started thumping rostrum of the Court, therefore, guard was called and he was taken out of the Court. Noti...
Tag this Judgment!Saphi Mohammad Vs. Ram Jiyawan and ors.
Court: Madhya Pradesh
Decided on: Aug-24-2000
Reported in: 2000(4)MPHT454
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 plaintiff petitioner has called in question the legal validity of the order dated 13-3-2000 passed by the learned 4th Civil Judge, Class-II, Rewa in C.S. No. 264-A/1995.2. The facts as have been unfolded are that the plaintiff initiated civil litigation being C.S. No. 264-A/95 for declaration and possession of the suit land. After commencement of the hearing of the suit it was posted on 15-9-99 for the evidence of defendant No. 2. On that day the defendant No. 2 did not examine himself but examined one Tahir Ali without taking leave of the Court. The learned Trial Judge examined Tahir Ali and adjourned the matter for further hearing to another date. Thereafter the plaintiff filed an application that as Tahir Ali had been examined before examination of defendant No. 2 without leave of the Court the evidence of defendant No...
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