Madhya Pradesh Court January 2003 Judgments
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Lachandhari Shah and anr. Vs. Raj Nath Shah and anr.
Court: Madhya Pradesh
Decided on: Jan-09-2003
Reported in: 2005ACJ695; 2003(2)MPHT417
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accident Claims Tribunal, Sidhi in Claim Case No. 56 of 2000, dated 26-7-2001. 2. The claimants arc the parents of Ramesh Kumar (10) who died in the accident on 30-5-2000 when the trolley in which he was travelling fell with heavy jerk, resulting in injuries to the deceased. It is alleged that the accident was the result of rash and negligent driving of the tractor by Ram-naresh Shah, owned by Lachandhari Shah. Compensation of Rs. 1,85,0007-(Rupecs One lakh eighty five thousand) is claimed and Claims Tribunal has awarded Rs. 1,54,500/- (Rupees One lakh fifty four thousand and five hundred) with interest at the rate of 9% per annum from the date of application. 3. Appellants arc the owner and driver of the tractor and trolly. They submit that they are not liable to pay the compensation under Section 163A of the Motor Vehicles Act, 1988, since the liability can be fastened in case the vehicle is owned by the au...
Ajit Kumar Singh Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2003
Reported in: 2003(3)MPHT83; 2003(2)MPLJ82
ORDERRajendra Menon, J.1. The petitioner who is working as Junior Engineer in the services of the respondent/Board, feeling aggrieved by the action of the Board in promoting his juniors, respondent Nos. 3 to 5 to the post of Assistant Engineer, has filed the present petition. It is the case, of petitioner that he is a qualified Graduate Engineer and' after passing the Bachelor of Engineer in the discipline of Electrical Engineering, and on the basis of the aforesaid qualification was granted appointment in the Board as Junior Engineer. The petitioner was appointed earlier in point of time and respondent Nos. 3, 4 and 5 were admittedly juniors to him as they have been appointed as Junior Engineers subsequent to his appointment on the said post. The aforesaid factual aspect of the matter is not in dispute between the parties. According to the petitioner, in the establishment of respondent/Board, Junior Engineers are appointed on the basis of qualifications acquired by them, both Diploma ...
Padma Khatwani and anr. Vs. Habibullah and anr.
Court: Madhya Pradesh
Decided on: Jan-09-2003
Reported in: II(2004)ACC397; 2004ACJ113
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni, in M.A.C.T. No. 18 of 1998, dated 28.1.2000.2. The claimants are wife and daughter of late Harish Khatwani, who died in the motor accident on 1.6.1997 when he was going to Rewa by jeep No. MP 17-A 3222 and truck No. MCY 2634 owned and driven by Habibullah (respondent No. 1), rashly and negligently, collided with it. The deceased suffered serious injuries. He was referred to the Government Hospital, Rewa, then to Jabalpur, but he died due to fractures and head injuries. He was 25 years old at the time of accident. He was Manager in two General Stores owned by his brothers, earning Rs. 4,100 per month.3. Owner/driver did not contest the claim, therefore, was proceeded ex pane. While the insurance company has stated that owner, driver and insurance company of the jeep ought to have been impleaded party to the case and the drivers of the truck and jeep did not possess valid driving li...
Mst. Somwati Tiwari and ors. Vs. People in General
Court: Madhya Pradesh
Decided on: Jan-08-2003
Reported in: AIR2003MP278; 2003(1)MPHT340; 2003(3)MPLJ2512
ORDERS.P. Khare, J.1. This is a revision by the applicants against the order by which their appeal challenging the order of the rejection of their application under Section 372 of the Indian Succession Act, 1925 (hereinafter to be referred to as 'the Act') has been dismissed.2. Both the Courts below have taken the view that the Court in which the application under Section 372 of the Act was presented has no territorial jurisdiction to decide the application. After hearing the learned Counsel for the petitioners this Court is of the opinion that the view taken by the two Courts below is erroneous and contrary to the provision made in Section 371 of the Act. The case of the applicants was that Motilal Tiwari was working as Section Commander in 11th Battalion at Bhilai. He died in a hospital in Jabalpur. It is clearly mentioned in the letter dated 19-5-2000 (Ex. P-2) of the Commandant, 11th Battalion, Bhilai that Motilal Tiwari was permanent resident of Village Marhi, District Satna and h...
Santosh Solanki Vs. M.P. State Civil Supplies Corporation Ltd. and anr ...
Court: Madhya Pradesh
Decided on: Jan-08-2003
Reported in: [2003(97)FLR408]; (2003)IILLJ788MP; 2003(3)MPHT179
ORDERA.M. Sapre, J.1. Having heard the learned Counsel for the parties and having perused the record of the case, I am unable to entertain the writ on its merits and hence its merits dismissal.2. It is a petition where the petitioner seeks to challenge his termination/dismissal order inter alia on the ground that it is passed without holding any enquiry and without following a principle of natural justice. The case of respondent which happens to be a Government Company is two fold. According to them firstly the remedy of petitioner is to seek reference under Section 10 of the Industrial Dispute Act for getting the issue of dismissal decided by the Labour Court and hence this Court should not entertain the writ. In the second place, it is contended that if the reference is made to Labour Court, the respondent will be able to defend the dismissal by pleading those facts which led to passing of the dismissal order.3. In my view learned Counsel for the respondent seems to be right in his s...
M.P. Financial Corporation Vs. Purna Gases Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Jan-08-2003
Reported in: III(2003)BC368
A.M. Sapre, J 1. The decision rendered in this appeal shall govern the disposal of other two appeals being M.A. No. 558/2002, Purna Gas Pvt. Ltd. v. M.P. Financial Corporation) and M.A. No. 1492/2000, (M.P. Financial Corporation v. Purna Cases Pvt. Ltd. as all these three appeals arise out of one suit only and involve almost identical issues.2. It is an appeal filed by the defendant of a suit filed by the respondent. This appeal is filed under Order 43 Rule 1(r) of Civil Procedure Code against an order granting temporary injunction by the learned trial Judge by his order dated 12.4.2001 in C.S. No. 11-A/2000 at the instance of plaintiff (respondent herein) under Order 39 Rules 1/2 of Civil Procedure Code in the form of mandatory directions.3. Pending this appeal, as it appears on 3.10.2002 with the consent of parties an agreed order came to be passed by this Court wherein it was ordered that a Commissioner be appointed to investigate the position of accounts in relation to the outstand...
Union of India (Uoi) Vs. H.B. Lalwani
Court: Madhya Pradesh
Decided on: Jan-08-2003
Reported in: 2004(2)MPHT1
ORDERArun Mishra, J.1. Heard on question of admission.2. Petitioner is challenging the order passed by the Vth Addl. District Judge, Bhopal in Arbitration Case No. 52/2002 on 27-6-2002 directing the petitioner to refer the claim Nos. 7, 8, 10, 11, 12, 16 and 17 for adjudication by Arbitrator.3. The respondents initially raised 17 claims in the letter dated 14-2-95 and as per letter dated 5-5-99 raised in all 23 claims. Claim Nos. 10, 11, 12 and 17 relate to the interest so also the claim No. 23. There was refusal to refer claim Nos. 7, 8, 10, 11, 12, 16 and 17 as per letter dated 12-5-2000 though the other claims were referred to the Arbitration. Respondents preferred an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for referring the remaining claims also to the Arbitrator.4. The learned Vth ADJ, Bhopal by the impugned order has directed all the remaining claims to be referred to the Arbitrator and it has been left open that petitioner, Union of India ca...
Shramadham Uchchatar Madhyamik Vidyalaya Sanchalan Samiti and ors. Vs. ...
Court: Madhya Pradesh
Decided on: Jan-08-2003
Reported in: AIR2004MP108; 2003(2)MPLJ377
S.L. Jain, J.1. Being aggrieved by the order dated, 6-5-2002, passed by the learned single Judge in Writ Petition No. 684/2002, appellants have filed this appeal under Clause 10 of Letters Patent.2. Facts shorn of details and necessary for disposal of this appeal are that Shramdham Uchchhatar Madhyamik Vidyalaya Sanchalan Samiti. Kaymore (hereinafter referred to as 'Society No. 1'), Prabandh Samiti, Shramadham Madhyamik Vidyalaya, Amheta (hereinafter referred to as 'Society No. 2'); and Bapu Bal Mandir Prabandh Samiti, Kaymore (hereinafter referred to as 'Society No. 3') filed a writ petition before this Court alleging that they are societies independently registered under the provisions of Madhya Pradesh Societies Registration Adhlniyam, 1973 (hereinafter referred to as '1973 Adhiniyam'), Society No. 1 runs Shramdham Uchchatar Madhyamik Vidyalaya, Kaymore, Society No. 2 runs Shramdham Middle School and Shramdham High School, Amheta; and Society No. 3 runs Bapu Bal Mandir, Kaymore. Exc...
Ashok Sales Co. and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-08-2003
Reported in: 2004CriLJ3275
ORDERNarain Singh 'Azad', J.1. The petitioners seek quashment of proceeding in Criminal Case No. 1525/90, pending against them, in the Court of C.J.M. Shahdol, for offences punishable Under Section 7 r/w Section 16 of the Prevention of Food Adulteration Act.2. According to the prosecution, the sample of 'Red Kashmiri Chilly', purchased from non-applicant No. 2, by Food Inspector, Flying Squad, Shahdol, was found to be adulterated on analysis by State Public Analyst, Bhopal, on account of existence of non-permissible colour. The report of Public Analyst is marked as Annexure A/2. Since the aforesaid sample of 'Red Kashmiri Chilly' was found adulterated, the Food Inspector, filed the complaint against the non-applicant No. 2 Virendra Kumar Gupta and these petitioners, who were informed to be the seller and manufacturer respectively of aforesaid sample of Kashmiri Red Chilly. When the sample was Sent to Central Food Laboratory, Gaziabad, for analysis, on account of presence of Insects, it...
Beni Bai and anr. Vs. Chhandilal and anr.
Court: Madhya Pradesh
Decided on: Jan-08-2003
Reported in: 2005ACJ816
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Tikamgarh in Claim Case No. 3 of 1997 dated 26.8.1998.2. On 7.1.1997 Samudi Ahirwar was going on his cycle from tri-junction on Tikamgarh-Jafera Road when a jeep bearing registration No. MP 15-6268 owned and driven by Chhandilal rashly and negligently, hit the deceased resulting in the accident in which he died on the spot. The allegation is that accident took place due to rash and negligent driving of the jeep by the driver. Compensation of Rs. 9,50,000 (rupees nine lakh fifty thousand) has been claimed. The deceased was selling skin and doing agricultural and masonry work. From all these sources, he was earning Rs. 3,000 per month. The Claims Tribunal rejected the claim on the ground that involvement of this jeep is not established, though compensation of Rs. 54,000 (rupees fifty-four thousand) has been assessed.3. Through this appeal, the award has been challenged. First question for ...
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