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Madhya Pradesh Court August 2003 Judgments

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Aug 04 2003

Smt. Kokilabai and anr. Vs. Abdul Bahav and ors.

Court: Madhya Pradesh

Decided on: Aug-04-2003

Reported in: III(2003)ACC526

Deepak Verma, J.1. This judgment shall also govern disposal of Misc. Appeal No. 303 of 1998 filed by Shiv Kumar and another, as the said appeal also arises out of the impugned award, passed by Addl. Motor Accident Claims Tribunal, Jhabua.2. By the impugned award two claim petitions arising out of one accident have been disposed of by the learned Claims Tribunal.3. That on account of road accident on 25.1.1987, one Radheshyam and Rajendra Kumar lost their lives. According to the claimants Radheshyam and Rajendra Kumar were travelling on a motor cycle bearing registration No. MBE-9713 and were returning to Jhabua from Anas Nursery. At the relevant time Radheshyam was driving the motor cycle and Rajendra Kumar was travelling on the same as a pillion rider. No sooner the motor cycle reached Kayarawad, then, truck bearing registration No. GRY-3830 coming from Gujarat side and going towards Jhabua, hit the motor cycle from behind. As a result of accident, Rajendra Kumar died on the spot and ...


Aug 04 2003

Kokila Bai and anr. Vs. Abdul Bahav and ors.

Court: Madhya Pradesh

Decided on: Aug-04-2003

Reported in: I(2005)ACC458

Deepak Verma, J.1. This judgment shall also govern disposal of Misc. Appeal No. 303 of 1998 filed by Shiv Kumar and Anr. as the said appeal also arises out of the impugned award, passed by Additional Motor Accident Claims Tribunal, Jhabua.2. By the impugned award two claim petitions arising out of one accident have been disposed of by the learned Claims Tribunal.3. That on account of road accident on 25th January, 1987, one Radheyshyam and Rajendra Kumar lost their lives. According to the claimants Radheysham and Rajendra Kumar were travelling on a motor cycle bearing registration No. MBE-9713 and were returning to Jhabua from Anas Nursery. At the relevant time Radheyshyam was driving the motor cycle and Rajendra Kumar was travelling on the same as a pillion rider. No sooner the motor cycle reached Kayaraward, then truck bearing registration No. GRY-3830 coming from Gujarat side and going towards Jhabua, hit the motor cycle from behind. As a result of accident, Rajendra Kumar died on t...


Aug 01 2003

Brindawan Chourasiya Vs. Jagdish Prasad Sahu and anr.

Court: Madhya Pradesh

Decided on: Aug-01-2003

Reported in: 2003(4)MPHT378

ORDERS.K. Pande, J.1. This revision under Section 115 of CPC is directed against the order dated 22-9-2001 passed by 14th Civil Judge, Class-II, Jabalpur in C.S. No. 224-A/94.2. Non-applicants Jagdish Prasad Sahu, Arun Kumar Sahu and Mahendra Kumar Sahu instituted C.S. No. 224-A/94 for eviction of tenant/applicant Brindawan Chourasiya under Section 12 of the M.P. Accommodation Control Act. During the pendency of the suit 1/3rd share in the suit house has been purchased by the tenant/applicant from Mahendra Kumar Sahu vide Regd. Sale Deed 13-5-98. With reference to the dictum laid down in Hafiz Ullah and Anr. v. Smt. Shikhar Chandra Jain and Ors., 1997 (2) MPJR 258, tenant/applicant filed application under Section 7, Rule 11, CPC for rejection of plaint in C.S. No. 224-A/94. The application was resisted by the non-applicant on the ground that the suit for seeking partition since has been instituted by tenant/applicant himself, C.S. No. 224-A/94 would not entail dismissal. Civil Judge vi...


Aug 01 2003

Motilal Pandey Vs. Union of India (Uoi) and ors.

Court: Madhya Pradesh

Decided on: Aug-01-2003

Reported in: 2003(4)MPHT487

ORDERS.K. Pande, J.1. This revision under Section 115, CPC is directed against the order dated 31-8-2000, passed by 9th ADJ, Jabalpur in MCA No. 70/99.2. Government Accommodation No. 378/W 'P' Type, Ordnance Factory, Khamariya has been allotted to the applicant Motilal, being an employee. Vide order dated 2-11-98 (Annexure P-2), this allotment was revoked and the applicant was directed to vacate the premises within 15 days time. Since applicant failed to comply with the order aforesaid, proceedings under Section 5 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to the 'Act' for convenience) commenced against him by the Estate Officer. Notice under Section 4 (Annexure A-4) was served. Applicant did not appear before Estate Officer. Order under Section 5 of the Act accordingly was passed and applicant was served with the order (Annexure A-3). Being aggrieved the applicant preferred MCA No. 70/99 in the Court of 9th ADJ, Jabalpur, the appeal was dis...


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