Madhya Pradesh Court July 2002 Judgments
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Smt. Sunder Bai and ors. Vs. Nonit Ram
Court: Madhya Pradesh
Decided on: Jul-04-2002
Reported in: AIR2003MP268
K.K. Lahoti, J.1. Plaintiff aggrieved by judgment and decree passed by lower Appellate Court has filed present appeal, Trial Court decreed the suit of plaintiff but the lower Appellate Court while reversing the judgment and decree of the trial Court, directed the plaintiff to pay Rs. 4000/- towards the remaining consideration of sale.2. This appeal was admitted on 15-1- 1990 on following substantial questions of law:'(1) Whether the Court below was right in holding that under Section 53A of the Transfer of Property Act, the respondent-defendant would be entitled to protect his possession? (2) Whether the omission of the defendant to lay Counter-claim, would negative the decree in favour of the defendant? (3) Whether the finding of the Court below as to prior contract is based upon no material? (4) Whether the claim of the plaintiff, under the facts and circumstances of the case, should have been decreed?' 3. In short, facts are that on 17-1-1981 present suit was filed on the ground tha...
Smt. Davinder Vs. Inderjit
Court: Madhya Pradesh
Decided on: Jul-04-2002
Reported in: II(2003)DMC252
ORDERA.K. Gohil, J.1. This is a transfer application Under Section 24 of the Code of Civil Procedure. The applicant/wife is praying the transfer of subsequent suit filed by the non-applicant for divorce before the Court of Ujjain which is pending as a Civil Suit No. 58-A/2000 (Shri Jain submits that the same has been transferred to Family Court, Ujjain).2. Mr. Mev submits that his two cases are already pending since 1999 before Indore Court, one for claiming maintenance Under Section 125 of the Code of Criminal Procedure and another Under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Therefore, his submission is that the suit for divorce subsequently filed by the non-applicant at Ujjain be transferred to the Family Court at Indore as the non-applicant is already defending two cases. The applicant is a lady and two children of the non-applicant is also residing with the lady applicant.3. I have heard learned Counsel for parties and considered the rival submissi...
Satyabhama Bai and ors. Vs. Anil Kumar and ors.
Court: Madhya Pradesh
Decided on: Jul-04-2002
Reported in: 2003ACJ1174
Bhawani Singh, C.J. 1. This appeal is directed against award of Motor Accidents Claims Tribunal, Harda in M.A.C.T. No. 32 of 1996 dated 6.1.2000 whereby the claim has been dismissed except award of Rs. 50,000 towards 'no fault liability'.2. Shortly stated, Satyabhama Bai (45) is the wife of late Ravindra Kumar Chatur-vedi, Sub-Divisional Officer, Irrigation Department, Tawa Canal, Harda, M.P. On 14.5.96, he was going to Ajnas travelling by motor cycle No. CIC 9978 by pillion rider while the vehicle was being driven by Chandra Shekhar Tiwari. Unfortunately, bus No. MP 05-A 2727, driven rashly and negligently by its driver, hit motor cycle resulting in serious injuries to both the occupants. They fell from the motor cycle on the road. They were shifted to hospital where they were declared dead.3. Satyabhama Bai filed claim petition for compensation of Rs. 20,00,000 alleging that deceased was 51 years old at the time of accident, was only bread-earner of the family and on account of his d...
Munnalal Agnihotri Vs. Ramshankar and ors.
Court: Madhya Pradesh
Decided on: Jul-04-2002
Reported in: I(2003)ACC39
Subhash Samvatsar, J.1. This appeal is filed by the claimant for enhancement of compensation under Section 173 of the Motor Vehicles Act challenging the award dated 1.2.1995, passed in Claim Case No. 211/1994, by the Second Additional Member Judge, Motor Accident Claims Tribunal, Morena.2. The Claims Tribunal after appreciating the evidence has found that the accident has occurred due to rash and negligent driving of the driver which resulted into injuries to the appellant. The appellant has examined D.W. 2 Dr. Tomar who examined the injuries. As per the statement of doctor and Ex. P/7 which is the report of the doctor, the appellant has suffered fracture in his left tibia and fibula on the leg and other injuries. As per the statement of the doctor the appellant has suffered permanent disability.3. It is true that the doctor has not stated the exact percentage of permanent disability but the doctor has very categorically stated that the claimant was limping while walking and has a swel...
Parath Singh and 3 ors. Vs. Sanjay Sharma and Two ors.
Court: Madhya Pradesh
Decided on: Jul-04-2002
Reported in: III(2002)ACC139
R.B. Dixit, J.1. This is claimants' appeal against an award dated 1.4.1998 of Fourth Additional Motor Accident Claims Tribunal, Morena, in Claim Case No. 2/1997 wherein compensation of Rs. 90,000/- was allowed for the death of the deceased.2. The learned Claims Tribunal found deceased Charan Singh/aged about 25 years, at the time of the incident he was unmarried having three brothers and father aged about 50 year in his family. The learned Claims Tribunal came to a conclusion that the deceased had no independent income and in the circumstances found him to be unskilled labourer and presumed his income as Rs. 1,000/- per month and applied multiplier of 12.3. The learned Counsel of the appellants has submitted that in case it is found that the deceased had no independent income, the compensation should have been awarded by presuming notional income at the rate of Rs. 15,000/- per year. However, the learned Counsel of the respondent No. 3, on the other hand, has relied upon a decision of ...
Syed Mehadi Hassan Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-03-2002
Reported in: 2002(4)MPHT171
ORDERRajendra Menon, J.1. Petitioner by this petition has challenged the action of the respondents in compulsorily retiring him vide Annexure P-1. It is the case of the petitioner that he has been compulsorily retired without giving him opportunity of hearing and without conducting any enquiry and in violation of the principles of natural justice.2. It is also the case of petitioner that he has an unblemished service record. In his entire period, no departmental enquiry was conducted against him, and therefore, the order of compulsory retirement is illegal.3. Respondents have filed return and have submitted that as per the provision of Rule 23 of the Madhya Pradesh Municipal Employees Recruitment and Conditions of Service Rules, 1968, a Municipal employee can be retired after giving three months in case he has attained the age of 55 years or on completion of 25 years of service.4. It is the case of the respondents that case of petitioner was considered under the aforesaid rule along wi...
P.A. Samual Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-02-2002
Reported in: 2002(3)MPHT393; 2002(4)MPLJ514
ORDERS.L. Kochar, J. 1. By this common order, Cr.R. No. 417/99 (P. A. Samual v. State of M.P.), Cr.R. No. 327/99 (Sharad Panwar v. State of M.P.), Cr.R. No. 326/99 (Sharad Panwar v. State of M.P.), Cr.R. No. 453/99 (Krishna Rashinkar v. State) and Cr.R. No. 456/99 (Krishna Rashinkar v. State) are also being disposed of.2. These Cr. Revision Nos. 416/99, 417/99, 327/99 and 328/99 have been directed against the order dated 26-3-99 passed by the learned Special Judge, Indore in Special Sessions Trial No. 7/97 relating to plot Nos. 793, 794 and 795 and in another Special Sessions Trial No. 8/97 relating to plot Nos. 792, 795, 797 and 798, framing the charges against the petitioners under Sections 5(1)(d)/5(2) of the Prevention of Corruption Act, 1947 read with Section 120B of the Indian Penal Code and in the alternative under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 120B of the Indian Penal Code.3. The Special Police Establishment, Lokayukta Of...
Lallu Alias Sharad Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-02-2002
Reported in: 2003(1)MPHT116
S.P. Khare, J.1. Appellant Lallu alias Sharad Kumar has been convicted under Section 306, IPC and sentenced to rigorous imprisonment for five years and to a fine of Rs. 500/-. He has also been convicted under Section 323, IPC and sentenced to rigorous imprisonment for six months.2. After hearing the learned Counsel for both the sides and after scrutiny of the evidence on record this Court is of the opinion that the conviction of the appellant for the offence punishable under Section 306, IPC is not sustainable. Conviction of the appellant under Section 306, IPC is based mainly on the suicide-note Ex. P-6 which is said to have been recovered from the pocket of deceased Shyamlal after a few days of the commission of the suicide by him. This suicide note was seized by the police as per seizure memo Ex. P-12 on 3-3-1994. According to this suicide note accused Lallu kicked Shyamlal on his testicles and therefore on account of pain and humiliation Shyamlal committed suicide. The incident of ...
Union of India (Uoi) Vs. Pyarelal Tarachand and anr.
Court: Madhya Pradesh
Decided on: Jul-02-2002
Reported in: (2003)180CTR(MP)551; [2003]264ITR525(MP)
Deepak Verma, J. 1. This appeal has been preferred by Union of India, against the judgment and order of acquittal dt, 8th July, 1992, passed by Addl. Chief Judicial Magistrate (Economic Office), Indore, in Criminal Case No. 4/1985, after grant of leave, 2. I have carefully heard the learned counsel for the parties at length and perused the record. 3. A criminal complaint was filed by the appellant/Union of India against the respondents for initiation of their prosecution, on account of their violation of certain provisions of the IT Act, (hereinafter referred to as the 'Act'). They were charged and prosecuted for the commission of offence punishable under Sections 276B and 278B of the Act. 4. On appreciation of evidence available on record, the trial Court has found that there was no intentional suppression of income by the respondents/assessee. According to the findings recorded by the trial Court, it has been found that the assessee had shown in their return for the relevant assessme...
Umashankar Pacholi Vs. Mahendra Singh and anr.
Court: Madhya Pradesh
Decided on: Jul-02-2002
Reported in: 2004ACJ330
Bhawani Singh, C.J.1. This appeal is directed against award of the Motor Accidents Claims Tribunal, Hoshangabad dated 1.2.1997 in Claim Case No. 19 of 1990. Claimant is father of deceased Anil Kumar Pacholi. Compensation of Rs. 15,000 has been awarded against which present appeal has been filed.2. Anil Kumar Pacholi (deceased) was employed as a Supervisor in Hotel Mayur, Bhopal and he was earning Rs, 550 per month. On the evening of 27.10.1988, he was going from Itarsi to Hoshangabad on his moped bearing registration No. CIB 5789 to meet his uncle, when jeep bearing registration No. MBB 7162, driven rashly and negligently by Mahendra Singh coming from opposite direction, dashed against the vehicle of deceased. As a result of this accident, deceased sustained injuries on head, chest, right hand, palm, nose, wrist and left heel. After falling from vehicle and sustaining these injuries, he became unconscious and was shifted to hospital at Itarsi. He gave statement to the police on the sam...
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