Madhya Pradesh Court July 2003 Judgments
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Anand Ram Vs. Dhanpatiya Bai (Dead) Through Her L.Rs. Mewalal and ors.
Court: Madhya Pradesh
Decided on: Jul-17-2003
Reported in: 2004(2)MPHT207
ORDERS.K. Pande, J.1. Being aggrieved by the order dated 28-1-2002, passed by R.C.A., Katni in Eviction Case No. 5-A-90/7-99-00, the applicant/tenant has preferred this revision under Section 23 of the M.P. Accommodation Control Act (for short 'the Act').2. Late Dhanpatiya Bai (widow) filed application under Section 23-A of the Act seeking eviction of tenant/applicant Anand Ram from the suit house No. 364-364/2 situated at Katni fully described in map attached to the application on the ground that it is required bona fide by her for occupation, as residence for herself and other family members and a part of it shall be used for the purpose of shop by her grand son. The application was resisted by the applicant/tenant Anand Ram on the ground that there is no need of the suit house and the application seeking eviction has been filed without any ground. Since Dhanpatiya Bai is living in a house consisting of several rooms and few of tenanted premises were vacated, the need as stated is fa...
State of Madhya Pradesh Vs. Hukumchand Mills Ltd.
Court: Madhya Pradesh
Decided on: Jul-17-2003
Reported in: [2004]50SCL157(MP)
ORDERA.M. Sapre, J. Heard on LA. No. 2114 of 2003.1. This matter relates to winding up of a company - M/s. Hukumchand Mills Limited. By order dated 22-1-2003, this Court has ordered for winding up of this company under the supervision of this Court pursuant to a reference made by B.I.F.R. (Reference Case No. 194 of 1987) on 11-9-1991 under Section 20(2) of SICA whereby it was finally opined that the company in question cannot be rehabilitate nor can be run as a commercial solvent company. It was, therefore, opined that this is a fit case for winding up and accordingly, the matter was referred to this Company Court by the BI.F.R. as per requirements of Section 20(2) of SICA for passing the final winding up order because power to wind up anycompany rests with the company court under the Companies Act. Accordingly, as observed supra, this Court on 22-1-2002 passed the winding up order and appointed official liquidator to take charge and possession of the assets of the company to enable th...
Ram Kishan and anr. Vs. Major Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-17-2003
Reported in: III(2003)ACC455
ORDERUma Nath Singh, J.1. This misc. appeal impugns an award dated 21.7.1998 passed by the Motor Accident Claims Tribunal, Dabra, Gwalior in Claim Case No. 21/1996 allowing a claim of the parents of the deceased only to the extent of Rs. 70,000/-.2. It is said that on 28.1.1996 at about 5.30 p.m. when deceased was going with her maternal uncle Prem Dutt on Moped to some place, she was crushed to death by the offending vehicle being Bus No. MP 07.B.8386. It is said that the deceased was only aged about 10 years at the time of accident and she hailed from a cultivator family. She was studying in Class IV and the materials on record do not show that the family had a progressive background of female education or service. Thus, had the deceased been alive, she would have been groomed only for marriage.3. The compensation amount is challenged on a ground of being low and is sought to be enhanced to Rs. 1,00,000/-. It is urged that the Tribunal has not applied a settled formula in calculating...
M.P. State Electricity Board and anr. Vs. Smt. Kamla Sharma and ors.
Court: Madhya Pradesh
Decided on: Jul-16-2003
Reported in: AIR2004MP57; 2003(3)MPHT434; 2003(4)MPLJ233
ORDERUma Nath Singh, J.1. This civil revision calls in question an order dated 24-2-2003 in Civil Suit No. 69-A/2002 passed by learned 9th Civil Judge, Class-I, Gwalior, rejecting the preliminary objections raised by the applicant/defendant to the valuation of the suit.2. It is said that the non-applicants filed a suit for declaration and permanent injunction before the Trial Court and paid a total Court-fee of Rs. 240.00 on valuation of the suit. As the question of Court fee pertains to jurisdiction and thus goes to the roots of the matter, the applicant raised certain preliminary objections. It is urged that learned Judge without going into merits of the issue has rejected the plea. Now the judgment is assailed mainly on the ground that the second relief being a prayer for permanent injunction is consequential, therefore, the non-applicants ought to have paid ad valorem Court fee on valuation amount of Rs. 36,000.00. In support of the contention, learned Counsel for the applicant has...
Santosh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-16-2003
Reported in: 2004(2)MPHT368
S.L. Kochar, J.1. This Judgment governs the disposal of Criminal Revision No. 392/ 2003, Komal v. State of M.P. and Cr. Revision No. 393/2003; Shrilal v. State of M.P., as the same arise out of the same judgment.2. The aforesaid criminal revisions have been filed by the applicants against the judgment dated 21-4-2003 rendered by Additional Sessions Judge, Narsinghgarh arising out of judgment dated 22-4-2002 passed by learned Judicial Magistrate, First Class, Narsinghgarh thereby convicting the applicants for the offence punishable under Section 394, IPC and sentencing each of them RI for 3 years and fine of Rs. 500/- in default of payment of fine, they shall undergo R.I. for 2 months.3. On appeal, learned Appellate Court maintained the conviction and sentence as passed by the Trail Court.4. The prosecution case in nutshell, before the Trial Court was that on 23-10-2000 while Satyanarayan, Rajni, Prakash Sahu, Anita Sahu and Arvind Sahu were travelling in their motor car, on the way, ne...
Suganbai and anr. Vs. Subhash and ors.
Court: Madhya Pradesh
Decided on: Jul-16-2003
Reported in: 2004ACJ1075
Deepak Verma and S.K. Seth, JJ.1. A young girl aged 16 years met with the tragic death when the respondent No. 1 while driving tractor-trolley, could not control it while negotiating the turn, as a result, the trolley turned turtle. The deceased was standing on the road, came beneath it and died on account of the said accident.2. The appellants are the parents of the deceased Mamta. At the time of accident she was only 16 years old.3. The Tribunal below, on the basis of the evidence has awarded only an amount of Rs. 1,00,000 as compensation to the appellants. They are before us in appeal for enhancement.4. The finding of the Tribunal, that respondent No. 1 was responsible for causing the accident on account of his rash and negligent driving, has not been assailed before us, hence, it is hereby confirmed. The finding that offending vehicle was insured with respondent No. 4 has also not been challenged before us, therefore, the same is also hereby confirmed.5. The only question, which re...
Rahnuma @ Lalli Vs. Prahalad Das Gupta and ors.
Court: Madhya Pradesh
Decided on: Jul-16-2003
Reported in: I(2004)ACC208
ORDERUma Nath Singh, J.1. This appeal has been preferred against an order of Motor Accident Claims Tribunal, Sheopurkalan in Claim Case No. 14/1996 dated 24.12.1998 rejecting the application for interim award under Section 140 of the Motor Vehicles Act.2. From the impugned order, and the rival submissions, it appears that the interim compensation has been denied on the sole ground that the medical certificate placed on record does not disclose in clear terms the extent of disability said to have been suffered in the accident. The claim case is awaiting final adjudication and the claimant has not been paid any interim award for the aforesaid reason, although she is said to have been incurring heavy expenses for her treatment.3. Under the circumstances the Motor Accident Claims Tribunal is directed to refer the victim/claimant to a duty constituted Medical Board within two weeks from receipt of a copy of this order to find out the extent of disability and then consider awarding an interi...
Champabai and ors. Vs. Bajpai Road Lines and ors.
Court: Madhya Pradesh
Decided on: Jul-15-2003
Reported in: III(2003)ACC550; 2005ACJ65
Deepak Verma and S.K. Seth, JJ.1. For the death of a Sanskrit scholar aged about 59 years, 7th Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 403 of 1996 has awarded Rs. 70,000 to his widow. The Tribunal found that the other claimants who are major sons of the deceased were not dependent upon him and, therefore, were not entitled to receive any compensation.2. The widow along with major sons, have preferred this appeal for enhancement of the compensation.3. It is not disputed before us that deceased died on account of a road accident which took place on 31.7.1996 while he was travelling in a M.P.S.R.T.C. bus from Dhamnod to Indore, a truck bearing the registration No. MP-K 7479 collided with the bus. The deceased was highly qualified person and he had B.Ed, and M. Phil, degrees. From the evidence it is clear that he used to teach Sanskrit to students. Thus, it can be safely held that monthly income of the deceased was Rs. 3,000,4. The loss of dependency of appella...
Naveen Chandra Vs. Lokumal
Court: Madhya Pradesh
Decided on: Jul-11-2003
Reported in: 2004(2)MPHT107; 2004(2)MPLJ30
ORDERS.K. Pande, J.1. Being aggrieved by order dated 3-4-99, passed by R.C.A. Burhanpur, in Case No. 5-A/90 ... 97-98, disallowing the application under Section 23-A of the M.P. Accommodation Control Act (hereinafter be referred as 'Act'), applicant/landlord has preferred this revision under Section 23-E of the Act.2. Facts in brief are, late Chhaganlal Mehta was owner of the suit house No. 17, Ward No. 12, Itwara, Burhanpur. Non-applicant Lokumal was inducted into the tenancy of the ground floor of this house (hereinafter be referred as 'suit house') on a monthly rent of Rs. 21/-. After some time, the first floor of the suit house had also come in possession of non-applicant. Natwarlal, son of late Chhaganlal Mehta executed a registered sale deed dated 18-2-87 in favour of applicant Naveen Chandra. Since then non-applicant Lokumal became tenant of applicant in the suit house on a monthly rent of Rs. 217- P.M. Applicant was in the service of the State of Maharashtra and had retired. Ap...
Shakuntalabai and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-11-2003
Reported in: 2005ACJ1088
Deepak Verma and S.K. Seth, JJ.1. Mr. Sanjay Patwa, learned counsel for the appellants; Mr. S.V. Dandvate, learned counsel for respondent No. 1; none for respondent Nos. 2 and 3. They are heard on I.A. No. 1233 of 2003. This is an application for deleting the name of appellant No. 2 Nathu, who is alleged to have died on 9.11.2002 during the pendency of the appeal. Along with the application, death certificate issued by the Gram Panchayat, Ambasoti, has been filed. The application is considered. The legal representatives of the deceased appellant No. 2 Nathu are already on record, hence the death of appellant No. 2 has no adverse effect on the appeal. The application is allowed and the same stands closed. The learned counsel for the appellants directed to delete the name of appellant No. 2 from the cause title.2. With consent arguments heard. For the death of one Ramsingh, the Additional Motor Accidents Claims Tribunal, Kukshi (Dhar) in Claim Case No. 62 of 1999, decided on 16.1.2000, h...
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