Madhya Pradesh Court December 2002 Judgments
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Sitaram Patel Vs. BipIn Chand Jain
Court: Madhya Pradesh
Decided on: Dec-12-2002
Reported in: 2003(2)MPHT499; 2003(2)MPLJ312
K.K. Lahoti, J.1. Plaintiff aggrieved by judgment and decree passed by the Lower Appellate Court has filed the present appeal by which the Appellate Court reversing the judgment and decree of the Trial Court dismissed the suit of appellant.2. This appeal was admitted on 13-4-1994 on following substantial question of law:--'Whether the Lower Appellate Court was right in reversing the judgment and decree passed by the Trial Court ?'3. To appreciate the contentions of the parties, it is necessary to state facts of the case.Plaintiff filed a suit in respect of non-residential accommodation on the ground that he wants to start a provisional goods shop in the suit accommodation. On 30th June, 1980, he retired and has no other non-residential accommodation in his possession of his own in the City of Jabalpur. On this ground, the suit was filed under Section 12 (1) (f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'). Though the suit was also filed u...
Sandhya and ors. Vs. Navi Mohammad and ors.
Court: Madhya Pradesh
Decided on: Dec-12-2002
Reported in: 2004ACJ1751
R.B. Dixit, J. 1. The learned First Additional Claims Tribunal, Morena in Claim Case No. 136 of 1998 by impugned award dated 17.9.1998, has awarded Rs. 4,16,976, as compensation for the death of the deceased Kamta Prasad, who was L.I.C. agent and was aged 28 years at the time of accident.2. The only contention of the learned counsel of the appellants is that the learned Claims Tribunal has erred in calculating the amount of expenses incurred by the deceased in his capacity as L.I.C. agent. It is urged that there is no evidence regarding any of his expenses to the extent of Rs. 6,600 and the amount of incentive as Rs. 12,000 of policyholders. However, the learned counsel of the respondent No. 3, on the other hand has contended that the expense of Rs. 100 per day was admitted by the wife of the deceased. The learned Claims Tribunal has calculated this expense only for 200 days in a year. In our opinion, since there is no evidence in rebuttal insofar as expense of Rs. 100 per day by the d...
Avantibai and ors. Vs. Hiralal and ors.
Court: Madhya Pradesh
Decided on: Dec-12-2002
Reported in: 2004ACJ1921
Deepak Verma and N.K. Jain, JJ.1. For the death of 50 years old milk vendor who died in a motor accident, the Claims Tribunal below has awarded Rs. 1,45,000 as compensation. This amount also included the treatment expenses which the deceased received for about seven days before his death.2. The amount awarded by the Tribunal is clearly on the lower side. The dependency has been computed at Rs. 15,600 which in our opinion ought to be Rs. 16,000 per annum. Tribunal has applied multiplier of 8 only which again is on lower side and should have been 13. On applying this multiplier, the amount of compensation on this count comes to Rs. 2,08,000. To this, a further sum of Rs. 17,000 needs to be added under various other heads such as loss of consortium, loss of love and affection, loss to the estate, medical and funeral expenses. Thus, the proper compensation in the instant case comes to Rs. 2,25,000 (rupees two lakh twenty-five thousand) which the respondents are liable to pay jointly and se...
Avanti Bai and ors. Vs. Hiralal and 2 ors.
Court: Madhya Pradesh
Decided on: Dec-12-2002
Reported in: I(2004)ACC660
ORDER1. For the death of 50 years old milk vendor who died in a motor accident, the Tribunal below has awarded Rs. 1,45,000/- as compensation. This amount also included the treatment expenses which the deceased received for about seven days before his death.2. The amount awarded by the Tribunal is clearly on the lower side. The dependency has been computed at Rs. 15,600/- which in our opinion ought to be Rs. 16,000/- per annum. Tribunal has applied multiplier of 8 only which again is on lower side and should have been 13. On applying this multiplier, the amount of compensation on this count comes to Rs. 2,08,000/-. To this, a further sum of Rs. 17,000/- need to be added under various other heads such as loss of consortium, loss of love and affection, loss of estate, medical and funeral expenses. Thus, the proper amount of compensation in the instant case comes to Rs. 2,25,000/- (Rupees two lakhs twenty-five thousand) which the respondents are liable to pay jointly and severally to the ...
Smt. Dhyani Bai Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Dec-11-2002
Reported in: 2003(2)MPHT81; 2003(2)MPLJ255
ORDERS.L. Jain, J.1. Through this order we propose to decide this batch of four Letters Patent Appeals, being L.P.A. No. 725/2002 (Smt. Dhyani Bai v. Union of India and Ors.), L.P.A. No. 726/2002 (Bhawanideen v. Union of India and Ors.), L.P.A. No. 727/2002 (Manik Chand v. Union of India and Anr.) and L.P.A. No. 728/2002 (Ratan Chand v. Union of India and Ors.). Common question of law is involved in all of these appeals which arise out of separate orders passed by learned Single Judge in the writ petitions filed by the appellants. 2. Briefly stated, proceedings under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were initiated against the appellants. The Estate Officer, Southern Railway, Bilaspur, by his order held that the land in the occupation of appellants is railways' land. The order of the Estate Officer was challenged by appellants herein by filing civil appeals before IIIrd Additional District Judge, Fast Track Court, Shahdol. The Court dismiss...
Jabalpur Development Authority Vs. Dr. K.Y. Telang and ors.
Court: Madhya Pradesh
Decided on: Dec-11-2002
Reported in: AIR2004MP55; 2003(2)MPHT183; 2003(2)MPLJ84
ORDERUma Nath Singh, J.1. This order shall also dispose of L.P. A. No. 218/2000 as both the Appeals impugn the order dated 7-3-2000 passed by learned Single Judge, in Writ Petition No. 3854/97, whereby the petition has been allowed with directions to the appellant Jabalpur Development Authority (for short 'the J.D.A.') to take consequential steps in the light of promise to execute a sale deed in respect of disputed land admeasuring 720 sq. fts., said to have been allotted to the writ petitioner (respondent No. 1 herein), in accordance with law on his compliance of necessary conditions.2. The said piece of land admeasuring 720 sq. fts. seems to have been allotted to the respondent No. 1 at a rate of Rs. 6/- per sq. ft. as per letter dated 12-10-88 and, he is said to have deposited the price amount of Rs. 4320/-, on demand by the J.D.A. Therefore, he (the respondent No. 1) contends that the J.D.A. is under obligation to execute a lease deed in his favour, which, but for injunction in Civ...
Dinesh Kumar Vs. Babulal and ors.
Court: Madhya Pradesh
Decided on: Dec-11-2002
Reported in: I(2003)ACC372; III(2003)ACC241; 2003ACJ2100; 2003(2)MPHT205; 2003(2)MPLJ123
ORDERA.K. Gohil, J.1. Claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the interim award dated 4-12-2001 passed by Additional Member, M.A.C.T., Shajapur in Claim Case No, 52/2000.2. Appellant/claimant, who has received permanent disablement in an accident on account of the injuries, has applied for compensation under the principle of no-fault liability under Section 140 of the Motor Vehicles Act. The Tribunal after allowing the application filed by the claimant directed for payment of an interim award of Rs. 25,000/- to be paid by the owner and the Insurance Company equally and that the share to be paid by the InsuranceCompany shall be deposited in a Nationalised Bank as fixed term deposit for a period of one year, against which the claimant has filed this appeal.3. The Tribunal has apportioned the liability between the owner and the Insurance Company on the proportion of 50 : 50 on the ground that the driver of the vehicle was not having valid d...
Sagir and anr. Vs. Smt. YasmIn Ansari
Court: Madhya Pradesh
Decided on: Dec-11-2002
Reported in: 2002(5)MPHT582; 2003(4)MPLJ410
ORDERS.L. Jain, J.1. This appeal arises out of judgment and decree dated 31-10-2002, passed by Presiding Officer, Family Court, Rewa, allowing petition filed by the respondent herein awarding Rs. 30,000/- towards the articles given by her parents and relatives in her marriage, and Rs. 5,000/- towards Mehar (Dowar).2. The respondent herein filed a civil suit against the appellants in the Court of Civil Judge, Class I, Rewa. Appellant No. 1 Sagir alias Chhedi is the husband of the respondent and appellant No. 2 Mohd. Ayub is her father-in-law. In the pleadings before the Trial Court, the respondent contended that she was married to appellant No. 1 Sagir alias Chhedi according to Muslim Law on 21st July, 1976 at Rewa. The articles as per Schedule-A annexed with the petition and wearing apparels were given by her parents and relatives at the time of the marriage. The value of the articles has been stated to be Rs. 57,065/- and value of wearing apparels has been stated to be Rs. 20,000/-. A...
Chandersingh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-05-2002
Reported in: 2003(1)MPHT219; 2003(2)MPLJ74
S.L. Kochar, J.1. Above named appellants, eight in number have preferred this appeal against the judgment dated 15-3-1994 rendered by First Addl. Sessions Judge, Ratlam in Sessions Trial No. 7/91, thereby finding appellants Chandersingh, Phundasingh, Juwarsingh and Nathusingh guilty of the offence punishable under Sections 147, 302/149, 324 and 323/149 of the Indian Penal Code, sentenced them each to undergo R.I. for two years under Section 147, imprisonment for life with fine Rs. 1,000/-, in default of payment of fine to suffer additional R.I. for one year under Section 302/149, R.I. for two years under Section 324 and R.I. for six months under Section 324/149 of the Indian Penal Code. He, finding appellants Madansingh, Shambhusingh and Ramsingh guilty for the offence under Sections 147, 302/149, 324 and 323/149 of the Indian Penal Code, sentenced them each to suffer R.I. for two years under Section 147, imprisonment for life with fine of Rs. 1000/-, in default of payment of fine to s...
Rajendrasingh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-05-2002
Reported in: 2003CriLJ3682; 2003(1)MPHT380
S.L. Kochar, J. 1. By this common judgment, both the aforesaid appeals are disposed of. 2. The appellants have preferred these appeals against the judgment dated 18-11-95 rendered by VIIth Addl. Sessions Judge, Indore in Sessions trial No. 231/93 thereby convicting the appellants Rajendra and Prakash under Section 302 of the Indian Penal Code and appellant Sunil alias Narendra under Section 302 read with Section 34 of the Indian Penal Code and sentencing them each to undergo imprisonment for life. He, however, acquitted the appellants from the charge under Sections 459 and 394 of the Indian Penal Code. 3. Shortly stated, the facts of the prosecution case before the Trial Court were that on 7-1-1992 at about 3.00 PM- mad-servant of Pukhrajbai named Rekhabai informed Ramprasad Painter (P.W. 14) that the door of Pukhrajbai's house is bolted and on giving ring, there was no response to it. She also informed that the blood was coming out from underneath the door. This fact was informed to M...
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