Madhya Pradesh Court January 2003 Judgments
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State of M.P. Vs. Smt. Sundari Bai and anr.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: 2005ACJ868; AIR2003MP284; 2003(1)MPHT528; 2003(2)MPLJ504
S.P. Khare, J.1. This is first appeal under Section 96, CPC by defendant No. 2 State of Madhya Pradesh against the judgment and decree by which compensation of Rs. 50,000/- has been awarded to the plaintiff for 'failure of sterilisation'.2. It is no longer in dispute that plaintiff Sundaribai had two sons. At the time of the birth of second son on 27-8-1980 she got her 'sterilisation' done so that there is no further pregnancy. The operation was performed by defendant No. 1 Dr. R. Rathore, Assistant Surgeon, Ashta in the Government Hospital 'by ligation method'. She conceived again in the year 1986 and gave birth to a female child on 8-12-1986.3. The plaintiffs case is that she is a poor and illiterate lady. She was told by the lady doctor that she would not have any further pregnancy. According to the plaintiff the defendant No. 1 acted negligently in performing the tubectomy operation. She claimed Rs. 50,000/- as compensation for 'failed sterilisation' for expenses incurred in the de...
Gajendra Nath Vs. Shakil Ahmad Khan Alias Ajij Mohd. Khan and anr.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: 2003(2)MPHT506; 2004(1)MPLJ198
ORDERS.P. Khare, J.1. This is a revision by defendant No. 1 Gajendra Nath Chaturvedi against the order by which plaintiff Shakil Ahmad Khan's appeal under Order 43 Rule 1 (r), CPC has been allowed and the defendant No. 1 has been restrained from executing the ex pane eviction decree in Civil Suit No. 59-A of 1996 against Abdul Quadir till the decision of the present Civil Suit No. 12-A of 2000.2. The defendant No. 1 has obtained the aforesaid eviction decree against Abdul Quadir on the allegation that the latter was his tenant in a shop 10' x 24' size situated in Ghoghar, Rewa at a monthly rent of Rs. 20A from the year 1974. The plaintiff claims to have purchased this shop from Abdul Quadir by a sale-deed dated 16-1-1990. He is in actual possession of the shop. He filed an application under Order 21 Rule 97, CPC in the Executing Court stating therein that he is in possession of the shop on the basis of the above mentioned sale-deed and the eviction decree is not binding upon him. It wa...
State of M.P. Vs. Dashrath Prasad and ors.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: 2003CriLJ4426; 2003(3)MPHT74; 2003(3)MPLJ31
ORDERBhawani Singh, C.J.1. This appeal is directed against acquittal of accused for offence under Section 302/34, Indian Penal Code by order dated August 28, 1989, in Sessions Trial No. 79 of 1987 by Additional Sessions Judge, Umaria. 2. Briefly, prosecution version is that accused Rishiram is brother of Mst. Gayabai and brother-in-law of Dashrath Prasad. He belongs to Village Maudaha (Satna) to which complainant party belongs. Deceased Raj Kumar alias Pappu is relation of Amritlal Gupta (P.W. 1) and Chhedilal (P.W. 3). Brother of Rishiram contested Panchayat Election in Which Badri Prasad was defeated. Stocks were burnt and stones pelted at his house and Badri Prasad threatened breaking of their heads. According to the prosecution, this was the motive for the accused to poison the deceased. On 21-9-1986, deceased, Ram Naresh Pathak and other students had gone to Beohari for submission of examination forms. For the night, he stayed at Beohari with Mahedra Prasad Gupta. On 23-9-1986 whe...
Ajit Kumar Vs. Income-tax Officer
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: [2004]267ITR682(MP)
1. Heard Shri K.N. Puntambekar, learned counsel for the appellant, on the question of admission, as both the appeals arise out of the common order passed by the Income-tax Appellate Tribunal, Indore Bench, in two cross appeals preferred by the assessee and the Revenue. Both were heard and disposed of by this common order.2. Both the appeals are under Section 260A of the Income-tax Act, 1961, which requires that the appeal in the High Court can be admitted for hearing only when the court is satisfied that the case involves a substantial question of law, then the question of its admission does not arise. However, the facts giving rise to filing of the present appeals are mentioned hereinbelow :3. In both the appeals, the matter pertains to the assessment years 1994-95 and 1995-96. A survey was conducted on the shop of the appellant-assessee on November 9, 1995. Later on, a notice under Section 148 of the Act was issued to the appellant. Upon an enquiry, it was found that certain cash cre...
Bana Bai and ors. Vs. Commissioner, Income Tax and ors.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: 2004ACJ526
Bhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 80 of 1993, dated 9.2.1996.2. Gopal Mahadu Patil (deceased) was caretaker with Nepa Mill Rest House, Bhopal. On 25.2.1991, he was hit by speeding Matador MOD 6750, driven rashly and negligently by Tejendra Pal Singh, owned by the respondent. He was shifted to Hamidia Hospital, Bhopal, where he died on 26.2.1991. The claimants are his widow Bana Bai and the three children, namely, (i) Chandrakala Patil, (ii) Vishnu Patil and (iii) Bhupendra Patil. They submit that the deceased was earning Rs. 2,200 per month whereon the family was dependent. Accordingly, compensation of Rs. 15,00,000 has been claimed.3. The respondent No. 1 Tejendra Pal Singh, driver, has been proceeded ex parte, though he died during the pendency of the case. Similarly, Union of India has been proceeded ex parte. The Commissioner of Income Tax has contested the case. It is denied that the accid...
Feran Singh Vs. Vimal Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: II(2003)ACC604
P.C. Agarwal, J.1. Both Advocates heard.2. By the impugned order dated 15.2.2000, Motor Accidents Tribunal, Bhind in Claim Case No. 46/1999, Feran Singh v. Vimal Kumar and Ors. has awarded a compensation of Rs. 35,000/- with interest @ 12% per annum from the date of claim to the date of payment with Advocate's fee Rs. 400/-. Appellant is a farmer owning 0.58 hectares land in village Pachhera and 1.850 hectares land in village Barhad. According to him, these lands remained fallow for two years as he was injured. He has suffered communicated fracture of upper half of tibia and fibula as per Ex. P2 in the accident. Orthopedic Specialist Dr. D.C. Dixit (P.W. 5) had assessed the disability at 40% vide his certificate (Ex. P6). No bills or vouchers for expenditure on medical treatment, special diet transport of the appellant or his attendant were submitted before the Tribunal.3. Here in this Court the appellant claimed that his disability was 80%. Certainly, the appellant cannot be believed ...
Sanjay Kumar Vs. Subodh Mandvikar and anr.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: 2005ACJ606
Bhawani Singh, C.J. 1. This appeal is directed against the award of 9th Additional Motor Accidents Claims Tribunal, Jabalpur, in M.C.C. No. 88 of 1995, dated 18.10.1996.2. On 18.7.1991, the claimant was coming from Shashtri Bridge Road, Napier Town, Jabalpur, towards Home Science College, at 7.30 p.m., on his scooter No. MPK 9549. When he reached in front of the office of Mr. Keshwarwani, Advocate, Subodh Mandvikar, the respondent No. 1, coming from opposite direction, namely, Madan Mahal Police Station, riding his scooter No. CIK 180, dashed against the claimant. This happened because Subodh was driving the scooter rashly and negligently. The result was that the claimant suffered several injuries including compound fracture in his left leg, fracture of tibia and fibula. He was admitted in the Medical College, Jabalpur. Since proper arrangement for treatment was not available to him there, he shifted to a private hospital of Dr. Jitendra Jamdar in the city of Jabalpur. Accordingly, he ...
State of Madhya Pradesh Vs. Sundari Bai and anr.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: III(2005)ACC336
S.P. Khare, J.1. This is first appeal under Section 96, Civil Procedure Code, by the defendant No. 2 State of Madhya Pradesh against the judgment and decree by which compensation of Rs. 50,000/- has been awarded to the plaintiff for 'failure of sterilisation'.2. It is no longer in dispute that plaintiff Sundari Bai had two sons. At the time of the birth of second son on 27.8.1980 she got her 'sterilisation' done so that there is no further pregnancy. The operation was performed by the defendant No. 1 Dr. R. Rathore, Assistant Surgeon, Ashta in the Government Hospital 'by ligation method'. She conceived again in the year 1986 and gave birth to a female child on 8.12.1986.3. The plaintiff's case is that she is a poor and illiterate lady. She was told by the lady doctor that she would not have any further pregnancy. According to the plaintiff, defendant No. 1 acted negligently in performing the tubectomy operation. She claimed Rs. 50,000/- as compensation for 'failed sterilisation' toward...
Kamalsingh Vs. Radhey Shyam and ors.
Court: Madhya Pradesh
Decided on: Jan-23-2003
Reported in: II(2003)ACC326
ORDERN.K. Jain, J.1. Heard finally.For the disfiguration of face and dislocation of some teeth suffered by appellant Kamalsingh aged about 35 years, in a motor accident involving a vehicle insured with respondent No. 4, the Motor Accident Claims Tribunal, Ratlam -Camp Jaora, has awarded a sum of Rs. 28,000/- as compensation. This amount is inclusive of the treatment charges as also the general damages awarded for pains and suffering. The amount is clearly on lower side. Having regard to the age of the appellant and the nature of disability suffered by him, a sum of Rs. 50,000/- (Fifty thousand) would, in my opinion, be the just compensation.2. Accordingly, I allow this appeal in part and enhance the amount of compensation from Rs. 28,000/- to Rs. 50,000/-. The difference amount shall carry the same interest as awarded by the Tribunal below. There shall be, however, no order as to the costs of this appeal....
Pandurang Vs. Mohan Singh Dhurve and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2003
Reported in: 2003(1)MPHT540
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of 1st Additional Motor Accidents Claims Tribunal, Chhindwara, in Claim Case No. 36/93, dated January 9, 1996. 2. Briefly, the accident took place on 13-3-1993 at 10.30 p.m. When the claimant was going to his field, Fiat Car bearing No. MZV 04593 owned by Ram Lubhaya Parasram Madan, driven by Mohan Singh Dhurve, rashly and negligently and insured with the New India Insurance Company, hit the claimant, resulting in serious injuries. He was taken to Government Hospital, Badcheechli, thereafter to Nagpur for treatment. There, he remained indoor patient from 13-3-1993 to 31-34993--19 days. He was subjected to operation, rod was inserted to left leg. In this accident, femur bone of left leg is fractured. Leg is shortened by 2.5 cms. There is a compound fracture in right leg, fracture of tibia and fabula bone. Obviously, injuries are of serious nature. During treatment and operation, he must have underwent great pain and s...
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