Madhya Pradesh Court August 2002 Judgments
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Oriental Insurance Co. Ltd. Vs. Dhapubai and ors.
Court: Madhya Pradesh
Decided on: Aug-21-2002
Reported in: I(2003)ACC237; 2004ACJ583
A.K. Gohil, J.1. This order shall also govern the disposal of Misc. Appeal No. 517 of 1998, Oriental Insurance Co. Ltd. v. Bamnibai w/o Laluji; Misc. Appeal No. 518 of 1998, Oriental Insurance Co. Ltd. v. Dhapubai wd/o Laluji; and Misc. Appeal No. 521 of 1998, Oriental Insurance Co. Ltd. v. Antarsingh s/o Laxmansingh; as common facts of the case and questions are involved in all these appeals.2. The appellant insurance company has filed this appeal under Section 173 of the Motor Vehicles Act against common award dated 29.1.1998 passed by Member, Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 230 of 1996 on the ground that Tribunal has wrongly passed the award against the insurance company whereas the insurance company is not liable for payment of compensation on the ground that owner has committed breach of terms and conditions of the policy and he was carrying gratuitous passengers in a goods vehicle after taking fare from them.3. The brief facts of the case are that resp...
Suresh NaraIn Vs. the Food Inspector and anr.
Court: Madhya Pradesh
Decided on: Aug-21-2002
Reported in: 2002(5)MPHT559; 2003(2)MPLJ120
ORDERUma Nath Singh, J.1. Heard the Counsel for the parties and perused the records.The criminal revision impugns framing of charges by the learned C.J.M., Raisen in regular Trial No. 482/97 for offence under Section 7/16/16(i) of the Prevention of Food Adulteration Act (for short 'the Act'). As per case of the prosecution, on 27-5-1996, the non-applicant No. 1, the Food Inspector, took a sample of Quality Vanilla Ice-Cream party pack, manufactured by Fun & Food Ltd., Ujjain from the Suryodaya Restaurant, Bareli. After following the procedure, the sample was sent to the public analyst, who gave his report on 5-7-1996 wherein the milk fat was found to be 5.6.1, which is below the standard prescribed for the ice-cream. Thereafter, on applications made by the co-accused and the applicant, the learned C.J.M., Raisen under seal of the Court, sent two samples to the Director, Central Food Laboratory for testing. However, as per letter dated 11-12-1998 enclosed with the reports of the Directo...
Ramesh Singh Vs. Hari Shankar and ors.
Court: Madhya Pradesh
Decided on: Aug-21-2002
Reported in: II(2004)ACC716
Subhash Samvatsar, J.1. This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act for enhancement of compensation against the award dated 20th January, 1999 passed by the third Additional Member Judge of Motor Accident Claims Tribunal, Shivpuri in Claim Case No. 92/97.2. The brief facts of the case are that the appellant-claimant was travelling on Rajdoot motor-cycle on 10th April, 1997. When he reached at Pohari Road, he met with an accident with the Vehicle (Bus) No. M.P.-08A/6197 driven by the respondent No. 1 and owned by respondent No. 2. The respondent No. 3 is Insurance Company with whom the said vehicle is insured. The claimant fell down from the motor-cycle due to the accident and suffered injuries. The claimant has filed the claim petition for compensation for the injuries sustained by him in the accident. The Claims Tribunal after recording the evidence of the parties has come to the conclusion that the accident took place due to rash and negligent dri...
Somvati Gupta and ors. Vs. Ashok Kumar Bhatt and ors.
Court: Madhya Pradesh
Decided on: Aug-20-2002
Reported in: 2004ACJ1605; 2003(3)MPLJ63
Bhawani Singh, C.J.1. Both these appeals (M.A. No. 273 of 1993, Somvati Gupta v. Ashok Kumar Bhatt and M.A. No. 274 of 1993, Lalmani Gupta v. Ashok Kumar Bhatt) are decided by this judgment since they arise out of same accident and common award of the Motor Accidents Claims Tribunal, Satna in Claim Case No. 1 of 1990 and Claim Case No. 54 of 1992.2. Ram Salone Gupta and Lalmani Gupta were travelling by truck No. MIA 3715 along with their goods on 2.8.1989 towards Satna. Ashok Kumar Bhatt was the driver of mini truck No. MIA 3715, Methilisharan Gupta owner thereof and United India Insurance Co. Ltd., insurer of the vehicle. The truck turned turtle as a result of which Ram Salone Gupta died while Lalmani Gupta sustained injuries and was shifted to the hospital. Allegation is that truck was being driven rashly and negligently, therefore, it could not be controlled by the driver and the accident took place. Defence of insurance company is that its liability is limited to Rs. 1,50,000 under...
Raghuveer Vs. Smt. Rekha and anr.
Court: Madhya Pradesh
Decided on: Aug-19-2002
Reported in: 2002(4)MPHT528; 2003(2)MPLJ53
ORDERNarain Singh 'Azad', J. 1. The petitioner seeks quashment of order dated 26-3-2001, passed by J.M.F.C., Chhindwara, in M.J.C. No. 35/99, so also the order dated 23-1-2002, passed by 1st Addl. Sessions Judge, Chhindwara, in petitioner's Criminal Revision No. 73/2002, wherein, his challenge to order dated 26-3-2001, passed by J.M.F.C., Chhindwara, stood negatived. By order dated 26-3-2001, passed in MJ.C. No. 35/99, against this petitioner, J.M.F.C. granted maintenance to Rekha Bai at the rate of Rs. 700/- per month and to Ku. Yash at the rate of Rs. 550/- per month, in their petition, filed under Section 125 of the Cr.PC.2. The petitioner assails the aforesaid orders on the ground that respondent No. 1 herself had deserted the petitioner and is living separately, without there being any just and proper ground.3. But a consideration of order dated 26-3-2001, passed by J.M.F.C, Chhindwara, reveals that on the basis of objective assessment of evidence of both the parties, the learned ...
Kishan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-19-2002
Reported in: 2003(1)MPHT397
Ajit Singh, J. 1. Appellant Kishan, the sole accused person in this case, has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life by IInd Additional Sessions Judge to the Court of Sessions Judge, Chhindwara, vide impugned judgment dated 23-2-89 for causing the murder of Patiram, the deceased in the case. He has also been convicted under Section307 of the Indian Penal Code and sentenced to undergo seven years rigorous imprisonment for attempting to commit the murder of Sukhchand (P.W. 4). Both the sentences are to run concurrently. Appellant has been found guilty of causing fatal injuries on the person of deceased Patiram and causing grievous injuries to Sukhchand (P.W. 4) by means of a 'lathi' at about 9.00 a.m. on 21-4-87 at Dewardha Nala. 2. Briefly stated the facts giving rise to this appeal are as under :-- The appellant used to sell illicit liquor from his house. On 21-4-87 Sukhchand (P.W. 4) and Patiram, while returning after attending...
Hindustan Copper Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-19-2002
Reported in: 2003(2)MPHT93; 2003(2)MPLJ265
ORDERArun Mishra, J.1. Petitioner M/s. Hindustan Copper Ltd., is a Govt. of India enterprise registered under Companies Act, 1956. Petitioner/Company takes up extraction work of copper ore in various parts of the country depending on its availability. Petitioner/Company in order to undertaking mining operations in Malanjkhand Copper Project, moved the State Government for acquisition. There are about 1800 workers working in the copper project at Malanjkhand. Petitioner/Company required 5000 acres of land as per the lay out that was chalked out with the help of Russian Advisors. Proceedings were initiated for acquisition of the land as per the request made by the petitioner in letter Annexure A dated 3rd January, 1978. Notification under Section 4 read with Section 17(1) of the Land Acquisition Act was issued on 12-4-78 published in Official Gazette on 21 st April, 1978. Enquiry under Section 5A was dispensed with as the provision under Section 17(1) was invoked; notification under Sect...
Haqikat Rai Vs. Ahmad Ali
Court: Madhya Pradesh
Decided on: Aug-19-2002
Reported in: 2003CriLJ1396
ORDERNaraian Singh 'Azad', J.1. After being unsuccessful in his Criminal Revision No. 34/2000, which stood disposed of by Second Addl. Sessions Judge, Waraseoni, on 16-5-2001, this petitioner seeks exercise of inherent powers for quashment of order dated 25-1-2000, passed by J.M.F.C. Waraseoni, wherein, he dismissed the petitioner's private complaint No. 220/96, so also the aforesaid order dated 16-5-2001, passed by Revisional Court with this prayer that the complaint may be remanded for fresh disposal, according to law.2. As per the certified copy of complaint of this petitioner, which he filed against the respondent for offences punishable Under Section 138 of the Negotiable Instruments Act read with Sec. 420 of the IPC, which stood registered as complaint case No. 220/96, in the Court of J.M.F.C., the respondent gave to the petitioner/complainant cheque No. 005761, drawn on State Bank of India, Waraseoni, dated 25-6-1995, for an amount of Rs. 55,000/-, in connection with an outstand...
Kamlabai and ors. Vs. Smt. Asha Sharma and ors.
Court: Madhya Pradesh
Decided on: Aug-19-2002
Reported in: III(2002)ACC481
A.M. Sapre, J.1. Claimants are not satisfied with what is awarded to them by the Tribunal. They wanted more and hence are in appeal under Section 173 of M.V. Act. The impugned award is dated 22.9.1994 passed by VI M.A.C.T. Indore, in Claim Case No. 67/1993.2. On 11.2.1993 Atma Ram aged 30 years while going on cycle on A.B. Road, Indore, was dashed by Truck bearing No. M.P./14/3237. He died on the spot. This led to filing of claim petition out of which this appeal arises by the appellants (claimants) who are deceased wife, son and daughter. According to claimants, the accident was due to rash and negligent driving of the driver of offending truck. They alleged that deceased was earning about Rs. 2,000/- per month from his service in one Hotel - Gajanan Tea Stall. It was alleged that at the relevant time the truck in question was insured with respondent No. 3. They claimed a sum of Rs. 5 lakh by way of compensation.3. The respondents (non-appellants) denied all allegations and contended ...
Madhur Courier Services Vs. Dr. R.S. Pande
Court: Madhya Pradesh
Decided on: Aug-16-2002
Reported in: 2003(2)MPHT45; 2003(2)MPLJ392
ORDERArun Mishra, J.1. This writ petition is directed against the orders passed by District Consumer Disputes Redressal Forum, Jabalpur, State Consumer DisputesRedressal Commission, Bhopal and National Consumer Disputes Redressal Commission, New Delhi, respectively contained in (P-4), (P-5) and (P-1).2. Respondent Dr. R.S. Pande, filed an application before the District Consumer Forum, Jabalpur, claiming a sum of Rs. 29,000/-. Respondent/complainant sent 125 gift vouchers through the petitioner Madhur Courier Services from Jabalpur to Nagpur which were not delivered to consignee. District Forum found the case of deficiency in service and awarded a sum of Rs. 19,000/- on account of value of cooking range Rs. 15,000/-, for grinder mixer Rs. 4,000/- and cost of Rs. 500/- along with the interest at the rate of 12% with effect from 23-9-97. An appeal was preferred before M.P. State Consumer Disputes Redressal Commission bearing No. 786/97, which was dismissed on 18-5-98. Thereafter Revision...
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