Madhya Pradesh Court October 2003 Judgments
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State of Madhya Pradesh Vs. Jay Singh (Deceased) Through His L.Rs. Sur ...
Court: Madhya Pradesh
Decided on: Oct-16-2003
Reported in: AIR2004MP66; 2004(1)MPHT38; 2004(1)MPLJ114
S.P. Khare, J.1. This is a plaintiff's second appeal under Section 100 of CPC. The following substantial question of law was formulated at the time of admission by order dated 18-6-1985 :--'Whether on the facts and in the circumstances of the case, the Courts below were justified in holding that the suit had abated ?'2. The suit was instituted by State of Madhya Pradesh as plaintiff for declaration that the exparte decree obtained by defendant No. 1 Jai Singh in Civil Suit No. 839 of 1975 on 3-3-1978 against the plaintiff is without jurisdiction and it is not binding on the plaintiff. By this decree a cash allowance of Rs. 100/- per month was granted to defendant No. 1 - Jai Singh. The suit was filed on 7-10-1980. On 30-6-1982, Counsel for the defendant No. 1 submitted an application stating therein that defendant No. 1 - Jai Singh has died four months ago. As mentioned in order, dated 30-10-1984 of the Trial Court, defendant No. 1 - Jai Singh had died on 17-2-1982. An application desc...
Kaloo and anr. Vs. Madanlal and ors.
Court: Madhya Pradesh
Decided on: Oct-16-2003
Reported in: AIR2004MP51; 2003(4)MPHT561; 2004(1)MPLJ385
S.P. Khare, J.1. This is plaintiffs' second appeal under Section 100, CPC. The following substantial question of law was formulated by order dated 12-12-1984 at the time of admission of this appeal:--'Whether on the facts and in the circumstances of the case, the Appellate Court has committed an error of law in holding that the decree passed in the earlier suit operates as res judicata on the issue about the plaintiffs' adverse possession of the suit land ?'2. The plaintiffs' father Devaji instituted Civil Suit No. 84-A of 1965 in the Court of Civil Judge Class-II, Khilchipur for declaration of title and permanent injunction for restraining defendant Madanlal from interfering with his possession on Khasra Nos. 588 and 594 total area 3.484 hectares of Village Mohan. He claimed to have purchased these lands from the defendant orally for Rs. 500/- in Samvat 2008. In the alternative, he claimed title on the basis of adverse possession for more than 12 years. The Trial Court after appreciat...
Allanur Vs. Nathu Lal and anr.
Court: Madhya Pradesh
Decided on: Oct-15-2003
Reported in: 2003(4)MPHT552
S.P. Khare, J. 1. This is plaintiff's second appeal under Section 100 of CPC. The following substantial questions of law were formulated :--'(1) Whether on the facts and in the circumstances of the case, the Lower Appellate Court erred in holding that the appeal preferred by respondent Nathulal had not abated in absence of the legal representatives of deceased Sajjan Rai ?(2) Whether on the facts and in the circumstances of the case, the Lower Appellate Court erred in ignoring the admissions made by the respondent Sajjan Rai ?'It is not in dispute that defendant No. 2 Sajjan Rai was Bhumiswami of lands in dispute Khasra Nos. 31/1 area 0.182, 31/2 area 0.172, 32/1/0 area 0.212 and Khasra No. 32/2/0 area 0.213 hectares. In Civil Suit No. 16-A of 1976, there was a compromise decree, dated 6-5-1976. A certified copy of the order by which the compromise was recorded is Exhibit D-3 and the compromise decree is Exhibit D-2. Defendant No. 2 - Sajjan Rai admitted that the land in dispute alongw...
Sujan Mal Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Oct-15-2003
Reported in: 2003(4)MPHT535; 2004(1)MPLJ88
S.P. Khare, J.1. This is plaintiff's second appeal under Section 100, CPC. The following substantial question of law was formulated at the time of admission by order dated 24-7-1985:--'Whether on the facts and in the circumstances of the case, the Court below has erred in not awarding interest from the date of the suit till realisation ?'2. The plaintiff instituted the civil suit for recovery of Rs. 10,000/-against the Railways for non-delivery of sixty bags of grains. The suit was decreed by the Trial Court that decree has not been challenged by the defendants. The Trial Court did not allow any interest on the decretal amount. The First Appellate Court dismissed the appeal of the plaintiff against that part of the order of the Trial Court. First Appellate Court had found that the plaintiff had purchased the grain at Rs. 125/- per bag and his claim for damages at the rate of Rs. 170/- per bag has been decreed. Therefore, the First Appellate Court also declined to grant any interest pen...
Kudheri Ram @ Kudheri Vs. Kamal Kishore and ors.
Court: Madhya Pradesh
Decided on: Oct-15-2003
Reported in: II(2004)ACC175
S.S. Jha, J.1. This appeal is filed by the claimant against dismissal of his claim petition.2. Appellant's son Bhavutiram met with an accident on 10th April, 1989 and died after the accident. Claim petition was filed by the father of the deceased. Claim was denied and the driver of the vehicle denied that he was driving the vehicle Matador MKH 7877 and after amendment vehicle number 7879 was denied.3. Claimant entered the witness box, AW-1 Kudheri has simply stated that the Matador had caused the accident. No number of the vehicle was mentioned by him. A.W. 2 Kedarnath Sharma has deposed that Matador coming from the side of Jora dashed against the deceased which resulted into fall of the deceased. Driver of the said vehicle fled away by speeding the vehicle. He further stated that colour of the vehicle was blue but he could not see the number of the vehicle. Later on tempo driver told him that number of the vehicle was 7879. He admitted in the cross-examination that he has not seen the...
Poonam Singh and ors. Vs. Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Oct-10-2003
Reported in: 2004(1)MPHT145; 2004(1)MPLJ473
ORDERDipak Misra, J.1. By this writ petition the petitioners have prayed for quashment of Annexures A-11 to A-20 by which the Board of Secondary Education has recorded UFM in the mark-sheets against certain subjects of the petitioners without examining the answer books and awarding marks to which they are entitled to. Various facts were asseverated in the petition and the same were controverted in the counter affidavit.2. Keeping in view the rival stances addressed at the Bar this Court on 29-1-2002 passed the following order:--'The petitioner Nos. 1 to 3 appeared in High School Examination Certificate, 2001 and other petitioners appeared in the Higher Secondary Examination, 2001 from the centre Govt. Boys Higher Secondary School, Lalgaon, Dist. Rewa. It is put-forth in the petition that they had performed extremely well in the examination and the same was conducted in a very fair manner but when the mark-sheets were issued to them they were shown to have adopted unfair means in certai...
Mahila Kalawati and ors. Vs. Shyam Sunder Dandotiya
Court: Madhya Pradesh
Decided on: Oct-10-2003
Reported in: II(2004)ACC336
S.S. Jha, J.1. This appeal is by the claimants against the rejection of their claim.2. Claimants filed a claim petition alleging therein that deceased Ram Akhtyar was travelling in trolley of a tractor bearing No. MP 06/J 4197 owned by respondent No. 1 and driven by respondent No. 2. Said vehicle was insured with respondent No. 3. It is contended that the tractor was being driven in a rash and negligent manner. Tractor dashed against a tree, which caused injuries in the fingers of deceased. Fingers of deceased were amputated and during treatment deceased died.3. Respondents denied the claim and submitted that the deceased had not suffered any injury in the accident. Deceased Ram Akhtyar's hands were crushed on account of fall of a stone from the house.4. Claims Tribunal after appreciation of evidence recorded a finding that injuries sustained by deceased Ram Akhtyar were not on account of an accident, in which tractor was involved. Tribunal held that injuries suffered by the deceased w...
Grasim Cement Vs. Madhya Pradesh Electricity Board
Court: Madhya Pradesh
Decided on: Oct-09-2003
Reported in: AIR2004MP176; 2004(3)MPLJ231
Dipak Misra, J.1. In this appeal preferred under Clause 10 of the Letters Patent the appellant has called in question the pregnability and penetrability of the order dated 30-4-1997 passed by the learned single Judge in W.P. No. 4723/96 where he has declined to grant relief to the appellant and upheld the action of the M.P. Electricity Board (hereinafter referred to as 'the Board').2. The facts which are requisite to be stated are that the appellant-company is a consumer of electricity and had entered into an agreement with the Board. In the agreement a stipulation was made in Clause 27(a) that if the appellant would be required to deposit certain sum as security deposit it would be adjusted in the regular bill amount. In the said clause there was a postulate that the Board would pay interest on the aforesaid security deposit. It is relevant to mention here that the rate of interest was provided therein. When the matter stood thus the Board in exercise of its powers vested in it under ...
Pramod Sharma (Dr.) and ors. Vs. Gurupreet Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-09-2003
Reported in: III(2006)ACC508
ORDER1. This order shall also govern disposal of M.A. No. 1401 of 2000, Dr. Pramod Sharma and Ors. v. Gurupreet Singh and Ors. as both appeals arise out of the common award passed by the 7th Motor Accident Claims Tribunal, Indore on 15th September, 2000.2. Ku. Ruchi and Ku. Prachi, aged about 18 and 17 years, respectively and real sisters, lost their lives in a motor road accident on 15.12.2000 while they were going on Kinetic Honda scooter to their school. They met their tragic end at A.B. Road crossing near Shivaji statue when the respondent No. 2, driver of the truck bearing registration No. MP-09-B-5979 came from behind and hit the scooter. The front wheel of the truck dragged the scooter and both the girls to a distance of 50 to 60 ft. and on account of the impact both girls died on the spot. At the time of the accident the girls were prosecuting their studies of 12th Class in St. Raphels Convent. The FIR (Ex. P7) was lodged by Rajju (P.W. 4) an eye witness to the accident.3. The ...
Sheikh Israj and anr. Vs. Smt. Rekha and ors.
Court: Madhya Pradesh
Decided on: Oct-01-2003
Reported in: 2004ACJ724; 2004(1)MPHT12
ORDERShantanu Kemkar, J. 1. Both these appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 27-3-2000 passed by the First Additional Motor Accidents Claims Tribunal, Chhindwara, in Claim Case No. 47/98.2. Briefly stated the facts are that on 22-9-1992 deceased Balram was going on scooter No. MP-22 B/1395. When he reached near Panchveli Mahavidyalaya, Parasia at 10.37 a.m., a Truck No. MPH 4749 driven by Chhotekhan dashed the scooter. Deceased Balram fell down and sustained grievous injuries, he was immediately taken to the hospital where he died on 23-9-1992. Anand Rao (father) and Smt. Rekha (mother) of the deceased Balram had tiled an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs, 17,45,000/- for the accidental death of their son Balram. The owner and the insurer of the Truck, involved in the accident, contested the claim. After recording the evidence the Tribunal exonerated the Insur...
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