Madhya Pradesh Court April 2001 Judgments
State of M.P. Vs. Parma and Others
Court: Madhya Pradesh
Decided on: Apr-30-2001
Reported in: 2001(3)MPHT118; 2001(2)MPLJ318
R.B. Dixit, J. 1. This reference under Section 318, Cr.P.C. arises out of a judgment and order of conviction passed in S.T, No. 53/99 of Second Additional Judge to Sessions Judge, Guna at Ashoknagar whereunder the accused persons were found guilty of offence under Sections 147, 148, 302, 325, 324/149, IPC, however case of accused Hamira has been reserved and referred for passing order regarding imposition of sentence against him.2. The facts in brief shorn of details as they emerge from the perusal of the record and are necessary for the disposal of this case lie in a narrow compass: On 8-8-1998 at about 7.00 p.m. complainant Munna Lal (P.W. 1) was surrounded by the accused persons, who were armed with lathis and farsa and was challenged for passing his plough from their field, however he was assaulted by all the accused persons with lathi and farsa. When his mother, brother deceased Bharosa, Udham Chand and Dulli Chand intervened, they were also assaulted by the accused persons. Lallu...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Sushila Bai and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2001
Reported in: 2003ACJ683; 2002(1)MPLJ1
Arun Mishra, J.1. These two appeals arise out of the same accident. Claim Case No. 4 of 1996 was filed claiming compensation for death of Santosh by Sushila Bai, respondent No. 1 in M.A. No. 1215 of 1998. Claim Case No. 128 of 1998 was filed by Ojha and 2 others claiming compensation for death of Munnalal. Insurer has filed the appeal in Claim Case No. 4 of 1996 whereas the claimants in Claim Case No. 128 of 1998 have filed appeal for enhancement of compensation.2. On 9.11.1995 deceased Munnalal and Santosh were going on tanker. Munnalal was additional driver on the said tanker. Santosh was driver on tanker No. MH 31-6599. Truck No. GJT 9315 was driven by Abdul Wahad in a rash and negligent manner and dashed against the tanker due to which the tanker turned turtle. Injuries were suffered by Santosh and Munnalal due to which they died.3. In Claim Case No. 128 of 1998 filed under Section 163A, Motor Vehicles Act, 1988 by Ojha and 2 others for death of Munnalal in the accident, they have ...
Tag this Judgment!M/S. P. Pal and Company Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Apr-27-2001
Reported in: 2001(3)MPHT214
ORDERArun Mishra, J. 1. The award passed by the arbitrator on 25-8-1990 has been made rule of the Court and objections filed by the appellants under Sections 33, 15 and 16 of the Arbitration Act have been rejected by judgment dated 25-7-1994 of the District Judge, Bhopal. 2. Facts shorn of details indicate that M/s. S. Pal & Co., the appellant, was appointed as sole selling agent for sale of Narmada lottery tickets. This lottery was being run by the Government of Madhya Pradesh and agreements dated 20-10-1983, 28-12-1984 and 17-4-1985 were reached between the parties signed by the Director of State Lotteries on behalf of State of Madhya Pradesh and the agreement contained an arbitration clause that in the event of dispute, it was to be referred for decision to the Secretary to Government of Madhya , Pradesh, Finance Department, Bhopal. Disputes as to payment or adjustment arose between the parties which were referred for arbitration to the Finance Secretary. After conducting an inquiry...
Tag this Judgment!C.G. Shrouti and anr. Vs. Badshah Khan and ors.
Court: Madhya Pradesh
Decided on: Apr-27-2001
Reported in: 2001(5)MPHT380; 2002(4)MPLJ230
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Bhopal, in Claim Case No. 17/98, dated May 14, 1999.2. The accident took place on November 10, 1995, at 6 p.m. When deceased Anurag Shrouti (22) was going on his scooter from Bhopal to Govindpura, he was hit by Tanker bearing No. MBD 8593. He died instantaneously. The allegation is that the Tanker was being driven rashly and negligently by Badshah Khan (driver). The vehicle is owner by Pipaiyamal (respondent 2) and insured with the national Insurance Company Ltd., Bhopal. The deceased was Free Lance Photographer. He was earning Rs. 5,000/- per month, out of which he spent Rs. 1,000/- on himself and left Rs. 4,000/- for maintenance of family. He was healthy young man of 22 year. Compensation of Rs. 15,50,000/- has been claimed under various heads mentioned in the claim petition along interest at the rate of 12 percent per annum.3. The respondent-3 has not admitted the claim. It is...
Tag this Judgment!Shankarlal and anr. Vs. Smt. Kamla Devi Nayak
Court: Madhya Pradesh
Decided on: Apr-27-2001
Reported in: 2001(5)MPHT550; 2001(3)MPLJ282
ORDERV.K. Agrawal, J.1. Order dated 29-4-2000 in case No. 2-A-90(7)/97-98 by Rent Controlling Authority on an application of the plaintiff/respondent under Section 23-A (b) of the M.P. Accommodation Control Act: 1961 (hereinafter referred to as 'Act' for short), directing eviction of defendants/petitioners from the tenanted premises, has been assailed in this revision.2. Undisputably the defendants/petitioners are tenants in the non-residential accommodation Shop No. 176 situate at Hanumanganj Ward, Katni. The plaintiff/respondent is their landlord. Plaintiff/respondent served a notice dated 5-6-97 through her counsel on the defendants/petitioners terminating their tenancy. Reply dated 24-6-97 thereof was sent by the defendants/petitioners.3. The Plaintiff/respondent in her application averred that she requires the suit accommodation for her own business and that she has no other suitable accommodation for earning here livelihood except the suit premises in question in the city of Katn...
Tag this Judgment!Siya Ram Sharma Vs. Kendriya Sahakari Bank Maryadit, Bhind and Others
Court: Madhya Pradesh
Decided on: Apr-26-2001
Reported in: 2001(3)MPHT292
ORDERS.S. Jha, J. 1. Petitioner is an employee of respondent No. 1-Bank. The petitioner was placed under suspension vide order, Annexure P-2, dated 16-10-97 in anticipation of departmental enquiry against the petitioner. Immediately after the order of suspension, the petitioner filed a dispute under Section 55(2) of the Madhya Pradesh Co-operative Societies Act (hereinafter referred to as the 'Act') before the Deputy Registrar, Cooperative Societies, Bhind. He also moved an application under Section 67 (1) of the Act for injunction. The application was rejected by the Deputy Registrar. Against the order of rejection an application under Section 67 the petitioner preferred a revision under Section 80 of the Act before the Board of Revenue. The Board of Revenue has passed ex parte order and stayed the order of suspension.2. After constitution of Madhya Pradesh State Cooperative Tribunal at Bhopal, the matter was considered by the Tribunal. The Tribunal has dismissed the revision.3. Couns...
Tag this Judgment!Hukumchand (Dead) Through L.Rs. Vs. Mahant Ramcharan Dass Chela and Ot ...
Court: Madhya Pradesh
Decided on: Apr-26-2001
Reported in: 2001(4)MPHT170; 2001(3)MPLJ319
ORDERV.K. Agrawal, J. 1. This revision is directed against the order dated 23-11-2000 in Civil Suit No. 10-A/98 by Civil Judge, Class-II, Rehli, allowing the plaintiffs application for amendment.2. The plaintiff/respondent No. 1 filed a suit for possession of the suit property and permanent injunction restraining the defendants from interfering in his possession thereon. The plaintiff/respondent No. 1 pleaded that suit property is not that of the trust and that he is the owner of the suit property in his personal capacity. The suit was resisted by the defendants.3. After about 27 years of institution of the suit, an application dated 19-2-2000 Document-2 under Order 6 Rule 17 of CPC was filed on behalf of plaintiff/respondent No. 1, praying that the plaint be permitted to be amended as proposed therein. It was averred by the proposed amendment that the suit property was not the personal property of plaintiff/respondent No. 1. The proposed amendment in substance was that the property wa...
Tag this Judgment!New Amir Iron Works and anr. Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Apr-26-2001
Reported in: 2001(4)MPHT401; 2001(3)MPLJ463
ORDERJ.G. Chitre, J.1. Shri Bagadia placed reliance on the judgment of the Supreme Court in the matter of Beharilal Ramcharan v.Income Tax Officer, Spl. Circle 'B' Ward, Kanpurand Anr., reported in (1981) 1311.T.R. 29 and submitted that it was the duly of PRO to follow the guidelines given by the Supreme Court by its observations in the judgment of Beharilal's case (supra). Shri Bagadia submitted that learned Single Judge has not taken into consideration these observations which are binding on every Court and every judicial and quasi-judicial authority. He submitted that on account of this omission on the important aspect the judgment which has been pronounced by the learned Single Judge will have to be treated as incorrect and illegal. He submitted that it be set-aside by passing appropriate judgment and order.2. Shri Patankar vehemently opposed the submissions of Shri Bagadia and submitted that the learned Single Judge has considered the observations of the Supreme Court in Beharilal...
Tag this Judgment!Phoolchand Rai and Another Vs. Laxman Das and Others
Court: Madhya Pradesh
Decided on: Apr-25-2001
Reported in: 2001(3)MPHT311
ORDERA.K. Mishra, J.1. The claimants have preferred the present appeal for enhancement of thecompensation awarded by the Additional Motor Accident Claims Tribunal, Bhopal in Claims Case No. 120/1985.2. Claimant's son Om Prakash Rai died in an accident dated 14-12-93. The deceased after alighting from Madhya Pradesh State Road Transport Corporation but was going back to his house near 'Mata' mandir (temple of local diety), when Mini Bus No. MP04-C/6913 driven by Abdul Aziz, owned by Laxman Das and insured with The Oriental Insurance Company Limited, dashed against him. Head injuries were suffered. Om Prakash was taken to the hospital where he died. The deceased was working as a Lab Attendant in Indian Institute of Social Science and was drawing salary of Rs. 1838/-, including other facilities the emoluments were Rs. 2500/-. The deceased was aged 26 years and was fit and in good health. Report of the incident was lodged. A criminal case was registered against the driver. The total amount...
Tag this Judgment!M.B. Laghu Udyog Nigam Ltd. Vs. Mohd. Imran and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2001
Reported in: [2002(92)FLR875]; (2002)ILLJ424MP; 2001(3)MPLJ43
ORDERS.K. Kulshrestha, J.1. By this petition, the petitioner has challenged the order dated August 24, 1993 of Labour Court-I, Bhopal (AnnexureP-15) passed in Case No. 46/1987 I.D. Act Ref. under the provisions of Section 33C(2) of the Industrial Disputes Act and notice Annexure P-16 for issuance of Revenue Recovery Certificate.2. The petitioner M. P. Laghu Udyog Nigam (hereinafter referred to as L.U.N. for short) is a Company incorporated under the provisions of the Companies Act, 1956. Prior to the transfer of the Government Tool Room and Testing Laboratories to the petitioner L.U.N. w.e.f. July 31, 1985, the said establishment was under the Industries Department of the Government. The respondent No. 1 Mohd. Imran was an employee in the said Tool Room till termination of his services on October 11, 1982. It is not disputed that against termination of his service, the respondent No. 1 had raised a dispute and a reference was made by the Labour Commissioner by order dated August 3, 198...
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