Madhya Pradesh Court August 2000 Judgments
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Smt. Savitri Devi and Others Vs. Naresh Kumar Harikrishna Madhwani and ...
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2002ACJ1299; 2001(1)MPHT139
ORDERBhawani Singh, C.J. 1. This judgment will dispose of M.A. No. 531 of 1998 (Smt. Savitri Devi and another v. Naresh Kumar Harikrishna Madhwani and others) and M.A. No. 830 of 1998 (Oriental Insurance Company Limited v. Smt. Savitri Devi and others) and the cross-objections filed by the Insurance Company in M.A. No. 531 of 1998.2. These appeals are directed against the award dated February 20, 1998 of the Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 1 of 1995.3. The claimants are legal representatives of Radheshyam Sahu (deceased) who was travelling in Tempo No. MIL 6144 to village Kherkhena driven by Santram Sahu. The tempo was hit by Matador No. MOT 9039 which came from opposite direction. Deceased died due to the injuries sustained by him in the accident. The Matador vehicle was driven by Mohd. Yunus, owned by Naresh Kumar Harikrishna Madhwani and Smt. Lajwanti Devi and insured with Oriental Insurance Company Limited. It was commercial vehicle. Insurance Company has...
Rajesh Sharma Vs. Aatik Ahmed and Others
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2001(1)MPHT243
ORDERS.C. Pandey, J. 1. The applicant Rajesh Sharma filed a complaint under Sections 420, 467, 468, 418, 177, 219/34 of the Indian Penal Code in the Court of Judicial Magistrate First Class, Pendra Road, on the following allegations against the non-applicant Nos. 1 to 6 and one M.R. Gayakwad, Naib-Tahsildar, Raigarh. It was alleged by the applicant that in village Sarbahara, Police Station Gorela, Tahsil Pendra Road, District Bilaspur, he possessed 2.94 acres of land. It belonged to his ancestors. There is a mango grove and old house on the land in question. Purushottam Datt Sharma son of Murlidhar was one of his ancestors who used to live in Village Sarbahara and was in possession of the aforesaid land. He was murdered 24 to 25 years prior to filing of the complaint and, thereafter, the property was managed by Teevramedh Sharma who was looking after it while he was residing at Narsinghpur. It was stated that after the death of Purushottam Datt Sharma, the properly was recorded in the ...
Ku. Brihaspathi Alias Lalli and Others Vs. Narbadeshwar Thakur and Oth ...
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2001(1)MPHT277
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Bilaspur, in Claim Case No. 28/96, dated February 19,1998.2. In the accident that took place on 22-44996, Shantibai died when the offending vehicle, MP-23-D-9419, owned by Sanjaykumar Mishra and driven rashly and negligently by Narbadeshwar Thakur, dashed inside the house of Shantibai and killed her, apart from destroying her house. At the lime of accident, deceased was 46 years old earning Rs. 100.00 as labourer and by selling vegetables. Compensation has been claimed for her death and loss to the house. Driver has been proceeded ex-parte. Claimants are husband and 7 children of the deceased who were dependent on her. On the date of accident, the vehicle was insured with respondent No. 3, the New India Insurance Co. Ltd. Owner of the vehicle stated that deceased was 65 years old, she was dependent on her husband and had no income of her own. The truck was insured with New Indi...
Assistant Sales Tax Officer and ors. Vs. Central Stores
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: [2001]123STC338(MP)
J.G. Chitre, J. 1. Vide order dated September 29, 1998, the Division Bench of this Court made a reference for adjudication of a question 'whether neck-ties fall under entry 26, Part IV of Schedule II or not' and, therefore, this matter has been laid before us for adjudication.2. A few facts need to be stated for unfolding the topic and the point for adjudication. Central Stores, through proprietor Rakhabchand, R/o. Rampurawala Building, M.G. Road, Indore, trades in business of sale and purchase of ready-made garments including neck-ties and other general goods being a registered dealer under the M.P. General Sales Tax Act, 1958 (for convenience hereinafter referred to as 'Sales Tax Act'). The Assistant Sales Tax Officer, Circle VI, Indore, purporting to act under Section 19(1) of the Sales Tax Act issued notice for reopening of the assessments done previously and for levying the tax at 12 per cent instead of 3 per cent on sale of neck-ties. An additional demand of Rs. 23,409 was made a...
Smt. Snehlata Sharma and ors. Vs. Mohammad Ali and ors.
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2000(4)MPHT471
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Jabalpur, in Claim Case No. 53/89, dated 7-4-1992.2. On 26-1-1989, at about 12.50 a.m., deceased was going on his scooter bearing registration No. MIJ 938 when car bearing registration No. MBJ 1862, owned by respondent No. 2 Dr. P.T. Liao and driven by respondent No. 1 Mohammad Ali Mahe, coming at fast speed from the opposite direction at Nagrath Chowk, collided with the scooter. Due to this accident, the victim received serious injuries resulting in his death at Victoria Hospital, Jabalpur. FIR was lodged at Police Station, Omti. The car was insured with respondent No. 3, United India Insurance Co. Ltd. Claimants are widow, daughter and son of the deceased. It is submitted that at the time of accident, deceased was employed as Assistant Station Master, Jabalpur, in the Central Railways. At the time of accident, he was drawing Rs. 3,000.00 p.m. Compensation of Rs. 8,00,000.00 wa...
National Insurance Co. Ltd. Vs. B. Rama Rao and ors.
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2000(4)MPHT423
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated 31-1-1997 of the Motor Accidents Claims Tribunal Durg, in Claim Case No. 91/95.2. Claimant B. Rama Rao (22) was a student of II Year Engineering College, Bilaspur. On 3-7-1995, he was riding Hero Puch Moped with Bhima Yadav as a pillion rider and was going from Bhilai towards Raipur. They met with an accident when truck bearing registration No. BR-13-G 7872, coming from opposite direction, hit the Moped. The truck was owned by Gayaprasad Gupta and driven by Anil Kumar. In this accident, claimant received serious injuries which included fractures in both of his legs. His left leg below thigh joint had to be amputated. Consequently, claim petition was preferred before the Motor Accidents Claims Tribunal, Durg for compensation of Rs. 20,25,000.00.3. Respondents filed their replies and denied the entire allegations against them. It was denied that the vehicle was driven negligently. Insurance Company stated that the...
Snehlata Sharma and ors. Vs. Mohammad Ali and ors.
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2002ACJ1129
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Jabalpur, in Claim Case No. 53 of 1989, dated 7.4.92.2. On 26.1.1989, at about 12.50 a.m., deceased was going on his scooter bearing registration No. MIJ 938 when car bearing registration No. MBJ 1862, owned by respondent No. 2 Dr. P.T. Liao and driven by respondent No. 1 Mohammad Ali Mahe, coming at fast speed from the opposite direction at Nagrath Chowk, collided with the scooter. Due to this accident, the victim received serious injuries resulting in his death at Victoria Hospital, Jabalpur. F.I.R. was lodged at Police Station, Omti. The car was insured with respondent No. 3, United India Insurance Co. Ltd. Claimants are widow, daughter and son of the deceased. It is submitted that at the time of accident, deceased was employed as the Assistant Station Master, Jabalpur, in the Central Railways. At the time of accident, he was drawing Rs. 3,000 p.m. Compensation of Rs. 8,00,000 was...
National Insurance Co. Ltd Vs. B. Rama Rao and ors.
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2002ACJ1803
Bhawani Singh, C.J.1. This appeal is lirected against the award dated 31.1.1997 of the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 91 of 1995.2. Claimant B. Rama Rao (22) was a tudent of II year in Engineering College, iilaspur. On 3.7.1995, he was riding Hero Puch moped with Bhima Yadav as a pillion ider and was going from Bhilai towards Jaipur. They met with an accident when ruck bearing registration No. BR 13-G 872, coming from opposite direction, hit he moped. The truck was owned by Gaya-Prasad Gupta and driven by Anil Kumar, In this accident, claimant received serious njuries which included fractures in both of his legs. His left leg below thigh joint lad to be amputated. Consequently, claim petition was preferred before the Motor Accidents Claims Tribunal, Durg for compensation of Rs. 20,25,000.3. Respondents filed their replies and denied the entire allegations against them. It was denied that the vehicle was driven negligently. Insurance company stated that the cla...
National Insurance Company Ltd. Vs. B. Rama Rao and ors.
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: II(2003)ACC232
Bhawani Singh, C.J. 1. This appeal is directed against the award dated 31-1-1997 of the Motor Accidents Claims Tribunal Durg, in Claim Case No. 91/95. 2. Claimant B. Rama Rao (22) was a student of II Year Engineering College, Bilaspur. On 3-7-1995, he was riding Hero Puch Moped with Bhima Yadav as a pillion rider and was going from Bhilai towards Raipur. They met with an accident when truck bearing registration No. BR-13-G 7872, coming from opposite direction, hit the Moped. The truck was owned by Gayaprasad Gupta and driven by Anil Kumar. In this accident, claimant received serious injuries which included fractures in both of his legs. His left leg below thigh joint had to be amputated. Consequently, claim petition was preferred before the Motor Accidents Claims Tribunal, Durg for compensation of Rs. 20,25,000.00. 3. Respondents filed their replies and denied the entire allegations against them. It was denied that the vehicle was driven negligently. Insurance Company stated that the c...
Sarvjit Singh Vs. Coal India Limited and Others
Court: Madhya Pradesh
Decided on: Aug-16-2000
Reported in: 2001(1)MPHT95
ORDERA.K. Mishra, J. 1. The petitioner/appellant had challenged the order of his transfer dated8-12-1988 before the learned Single Judge of this Court. The petitioner was transferred from Northern Coalfields Limited to Mahanadi Coalfields Limited, both subsidiaries of Coal India Limited. 2. The writ petition has been dismissed by the impugned order dated 30th June, 2000. Hence this L.P. A. has been filed assailing the order of transfer and also the order passed by the learned Single Judge. 3. The case of the petitioner is that while he was posted as Assistant Survey Officer with Northern Coalfields Limited, Amlohri Project, the Chief General Manager developed an aversion for him. On 3-10-1996 he was transferred from Amlohri Project to Central Excavation Training Institute. In the year 1998 the petitioner was posted to Nigahi Project and thereafter to Mahanadi Coalfields Limited, Sambalpur by the impugned order. The petitioner further submitted that strength of Mine Surveyors was much l...
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