Madhya Pradesh Court January 2001 Judgments
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Saida Khatoon and ors. Vs. M.P. State Road Transport Nigam and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2001
Reported in: 2001(5)MPHT1
ORDERBhawani Singh, C.J.1. This appeal is directed against award dated 4-1-1993 of Motor Accident Claims Tribunal, Rewa in Claim Case No. 31 of 1991.2. Claimants are widow and two sons of deceased Sami Ahmad who died in the motor accident that took place on 6-11-1987 when he was going from Shahdol to Allahabad at 5.00 p.m. in the bus owned by M.P. State Road Transport Corporation and the bus turned turtle at Sohagighat and fell into a khad. Allegation is that the bus was being driven rashly and negligently. The deceased was running a hotel at Calcutta earning Rs. 2000.00 per month, out of which he was giving Rs. 1500.00 to the family for maintenance. At the time of accident, he was 50 year old. Claim for Rs. 5,75,000 has been raised.3. Taking place of the accident has been admitted by the respondents but it is stated that due to the locking of the steering, the vehicle could not sustain the balance and the same turned turtle. The deceased had protruded his head out of window, as a resu...
Saida Khatoon and ors. Vs. Madhya Pradesh State Road Trans. Corporatio ...
Court: Madhya Pradesh
Decided on: Jan-04-2001
Reported in: 2002ACJ1554
Bhawani Singh, C.J.1. This appeal is directed against award dated 4.1.1993 of Motor Accidents Claims Tribunal, Rewa in Claim Case No. 31 of 1991.2. Claimants are widow and two sons of deceased Sami Ahmad who died in the motor accident that took place on 6.11.87 when he was travelling from Shahdol to Allahabad at 5 p.m. in the bus owned by M.P. State Road Transport Corporation and the bus turned turtle at Sohagighat and fell into a khad. Allegation is that the bus was being driven rashly and negligently. The deceased was running a hotel at Calcutta, earning Rs. 2,000 per month, out of which he was giving Rs. 1,500 to the family towards maintenance. At the time of accident, he was 50 years old. Claim for Rs. 5,75,000 has been raised.3. Taking place of the accident has been admitted by the respondents but it is stated that due to the locking of the steering, the vehicle could not sustain the balance and the same turned turtle. The deceased had protruded his head out of window, as a result...
Surendra Kumar Verma Vs. Bahadur Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2001
Reported in: 2002ACJ1033
Bhawani Singh, C.J.1. This appeal is directed against the award dated 16.6.1994, of the Motor Accidents Claims Tribunal, Sagar, in Claim Case No. 30 of 1992.2. The claimant was Range Inspector in the Police Department. He was posted at Police Station, Malthoun (Sagar). On 21.4.1986, he boarded truck No. 3527 at 7-8 p.m. for going to Sagar for Physical Examination. Nearby culvert, the truck driver saw bus No. 1888 coming from the opposite direction. Both the vehicles gave light signal with a view to cross the culvert. However, none of them stopped to allow the other to cross the same. This resulted in the accident. The matter was reported to the police station and case under Sections 279, 337 and 338 of the Indian Penal Code was registered and culprits prosecuted.3. The claimant initiated claim petition for Rs. 1,20,000 before the Claims Tribunal alleging rash and negligent driving by the drivers of two vehicles. The claim has been dismissed on the ground that he was travelling by goods...
Vandana JaIn Vs. Dharmendra Kumar JaIn and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2001
Reported in: 2002ACJ866
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Satna, in the Claim Case No. 70 of 1994, decided on 11.7.1995.2. Vandana Jain (22) was a student of M.A. (English). On 26.2.1993 she was going in the car No. UP 83-3648 towards Secohabad. This car was owned by Vimla Devi Jain, driven by Dharmendra Kumar Jain and insured with New India Assurance Co. Ltd., Rewa Road, Satna. When the car was passing through village Hinro-dipar, a truck driven rashly and negligently was seen coming from the opposite side. With a view to avoid dash with the truck the car hit the culvert. As a result of this accident the claimant suffered compound fracture of right femur, fracture of bone in the lower portion of right foot and ankle of right foot. She was admitted in Government Hospital, Satna from 26.2.1993 to 4.3.1993, thereafter taken for treatment to Agra. A claim for Rs. 3,50,000 has been raised. Respondent Nos. 1 and 2 have clearly admitted the alleg...
Prashant Electrodes Vs. Assistant Commissioner, Sales Tax and anr.
Court: Madhya Pradesh
Decided on: Jan-03-2001
Reported in: [2001]122STC208(MP)
ORDERA.M. Sapre, J.1. Challenge in this writ filed under Articles 226 and 227 of the Constitution of India is to reassessment notices (annexures P6, 7 and 8) dated August 22, 1992, issued by the Assistant Commissioner, Sales Tax, to the petitioner for the period October 1, 1986 to September 30, 1987, October 1, 1987 to September 30, 1988 and October 1, 1988 to March 31, 1989. The question, therefore is, whether these notices seeking to reassess the petitioner is legal or/and proper Facts in brief that led to issuance of these notices need mention infra.2. Petitioner is a firm engaged in the business of manufacturing and sale of welding electrodes. It is a dealer duly registered as such under State as also Central Sales Tax Acts.3. For the period October 1, 1986 to September 30, 1987 the petitioner was assessed by the assessing officer (Assistant Sales Tax Commissioner) by its order dated July 12, 1989 (annexure P2). While making the assessment, for this period, one of the main question...
State of M.P. Vs. Nathu Lal and anr.
Court: Madhya Pradesh
Decided on: Jan-03-2001
Reported in: 2001(77)ECC312
ORDERShambhoo Singh, J.1. This appeal is directed by the State against the judgment dated 1.2.1991 passed by llnd A.S.J. Mandsaur in S.T. No. 194/90 whereby the respondents were acquitted of the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'the Act').2. The prosecution case, in brief, is that on 18.12.1989 at village Titrod R.S. Jhala S.H.O. P.S. Sitamau who was patroling, received information at about 11.15 p.m. that two persons would be transporting opium on motor-cycle from Rahimgarh to Suwasra. He prepared information Panchnama Ex. P. 15 and reached Basai Tiraha (junction of three roads) Sub-Inspector R.L. Mukati (P.W. 3) and constables Manoharlal, Madholal & Shambulal (P.W. 2) also came there. The police party lied in wait near the bridge of Chambal river. At about 5.45 a.m. the respondents came on motor-cycle from Rahimgarh. The police officer gave indication to stop the motor-cycle but Nathulal who was driving the vehicle, did...
Smt. Shakuntalabai and Others Vs. Naresh Kumar Punjabi and Others
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: 2001(2)MPHT406
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur, in Claim Case No. 56/84, dated 24-9-1987.2. Claimants are legal heirs of Rajesh Kumar who died on 25-3-1984 in a motor accident which took place when truck bearing registration No. MPJ 4865 driven rashly and negligently by Abdul Majid, owned by Naresh Kumar Punjabi and insured with respondent No. 3, United India Insurance Co. Ltd., hit the deceased who was returning on bicycle from the hotel where he used to go for learning confectionary. The deceased was 14 years old at that time. After the accident, he was taken to the hospital where he was declared dead by the doctor. The truck driver attempted to escape from the site of the accident, but was caught and brought to book and the truck was seized.3. Claimants submit that the deceased was earning Rs. 7-8 per day from the hotel and Rs. 334.00 per month from lime business. Allegation is that the accident took place due to ras...
Smt. Mini Mathew Vs. Pyarelal and Others
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: 2003ACJ888; 2001(2)MPHT322
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accident Claims Tribunal, Bhopal, in Claim Case No. 46/1991, dated 11-1-1994.2. The appellant-claimant Smt. Mini Mathew is widow of late Mathew K. George, who died in the motor accident, that took place on May 27, 1991, at Bhopal. Truck No. P.B. 09/0100 owned by Satbir Singh, driven by Pyarelal and insured with the National Insurance Company Ltd., hit the scooter of the deceased - Mathew K. George on May 27, 1991, at 3 p.m., when the deceased was going to the town on his scooter. The accident was result of rash and negligent driving by the truck driver, who hit the deceased from behind. Due to the injuries sustained in the said accident, the deceased died on the same day. He was 26 years old and was employed in Deep Departmental Store earning Rs. 1500/- per month, apart from Rs. 300/- per month by repairing television sets. The claimants are parents and wife of the deceased.3. The respondent Nos. 1 and 2 did...
Pooran (Dead) by L.Rs. Sallobai and Others Vs. Ghasita and Others
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: 2001(3)MPHT358
R.B. Dixit, J.1. Respondent Nos. 1 and 2-plaintiffs had filed a Civil Suit No. 25-A/92 before Civil Judge Class II, Chanderi for declaration and mandatory permanent injunction on the ground that by long user they have acquired right of way from the land situated in front of the house of the defendants which now has been obstructed by raising a wall by defendants. The defendants contested the suit on the ground that the land belongs to them and the plaintiffs have never used the land as a way leading to the main road.2. Learned Trial Court by judgment dated 15-3-1995 decreed the suit and held that the disputed land is a common way for both parties and, therefore, directed the defendants to remove the obstruction, or else it has to be removed by the process of the Court. The defendants filed Civil Appeal No. 6-A/95, and the Additional Judge to the Court of District Judge, Guna, at Mungaoli by his judgment and decree dated 8-7-1996 dismissed the appeal and confirmed the findings of the Tr...
Pressure Sensitive System (India) Ltd. Vs. Aristocraft International P ...
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: AIR2001MP135; 2001(5)MPHT130; 2001(3)MPLJ520
Arun Mishra, J.1. Present Letters Patent Appeals - L.P.A. No. 118/2000, L.P.A. No. 124/2000 and L.P.A. No. 127/2000 have been respectively preferred by M/s. Pressure Sensitive System (India) Limited, Union of India and M/s. Aristrocraft International Private Limited, aggrieved by the order passed in Writ Petition No. 4223/99 bysingle Bench of this Court on 3-4-2000, whereby the lowest tender of M/s. Pressure Sensitive System (India) Limited which was accepted by Union of India, has been quashed. The Union of India and its Security Paper Mills and lower tenderer which is M/s. Pressure Sensitive System (India) Ltd. are challenging the part of the order quashing the contract for supply of security thread used in currency notes whereas M/s. Aristrocraft International Pvt. Ltd. whose writ petition was allowed, has preferred Letters Patent Appeal No. 127/2000 aggrieved by part of the order holding M/s. Pressure Sensitive System (India) Ltd. eligible and qualified to make the supply.2. Govern...
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