Madhya Pradesh Court October 2005 Judgments
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Central Bank of India and anr. Vs. Madhya Pradesh Rajya Pashudhan Avam ...
Court: Madhya Pradesh
Decided on: Oct-24-2005
Reported in: AIR2006MP176; 2006(1)MPLJ593
ORDERAbhay M. Naik, J.1. Short facts of the revision application are that the plaintiff/respondent Instituted a suit for recovery of Rs. 8,926/-from the revisionists with the averments that the plaintiff is a unit of State Government established to Implement public welfare schemes of the State Government. The plaintiff makes available loans from nationalised banks and private banks to the borrowers for the purchase of best quality animals. It is further pleaded in the plaint that about ten borrowers described in paragraph-4 of the plaint were provided animals. The amount paid by the defendants/revisionists fell short of Rs. 8.926/-. Hence, the suit in question was instituted in Civil Court.2. The defendants/revisionists denied the claim of the plaintiff in too by way of filing written statement.3. The learned trial Court vide its Judgment and decree dated 20th December. 2002 found the case of the plaintiff to be proved but dismissed it as barred by limitation by; applying Article 14 of...
United India Insurance Co. Ltd. Vs. Bhagwati Bai and ors.
Court: Madhya Pradesh
Decided on: Oct-24-2005
Reported in: I(2006)ACC670
N.K. Mody, J.1. This order shall also govern the disposal of M.A. No. 449/2000.2. Being aggrieved by the award dated 17.11.1999 passed by MACT, Badwah, in Claim Case No. 13/97 and Claim Case No. 2/97, the present appeal has been filed.3. Short facts in both the claim cases are that accident took place on 29.2.1996 with a truck bearing Registration No. MP09D2172, which was being driven by respondent No. 4, Yusuf Khan, s/o Mangu Khan owned by respondent No. 3, Fajal, Haque, s/o Bhurekhan and insured with appellant.4. Claim petitions were opposed by the appellant on the ground that the respondent No. 4 was not having a valid driving licence at the relevant time. Learned Tribunal after framing of issues and recording of evidence, awarded compensation in both the claim cases holding that appellant is liable for payment of compensation along with respondent Nos. 3 and 4.5. Learned Counsel for the appellant submits that at the relevant time respondent No. 4 was not having valid driving licenc...
Leeladhar Yadav Vs. Siddhartha Housing Co-operative Society Ltd.
Court: Madhya Pradesh
Decided on: Oct-21-2005
Reported in: AIR2006MP155; 2005(4)MPHT441; 2006(2)MPLJ329
Arun Mishra, J.1. This appeal has been preferred by the defendant aggrieved by judgment and decree dated 21st November, 2003 by which learned District Judge, Jabalpur has decreed the Suit No. 11-A/2002 directing the specific performance of contract of sale.2. In short the plaintiff's case, as averred in the plaint, shows that defendant owned 2.588 hectare of land comprised in Survey Number 189/6 situated at Mouza Baitala, an agreement was entered into by Siddhartha Housing Cooperative Society Ltd. (hereinafter referred to as 'Cooperative Society') for purchasing of the land from Shri Liladhar Yadav/defendant at the rate of Rs. Two Lac per acre, agreement was executed on 8-5-96, an advance of Rs. One Lac was paid to the defendant, by mistake Survey No. 189/6 was wrongly typed as Survey No. 181/6. The defendant was paid further sum of Rs. 10,000/-on 20-12-97, Rs. 5,000/- on 24-12-99, Rs. 10,000/- on 8-3-2000 and Rs. 5,000/-on 28-12-2000. It was averred that defendant had agreed to level ...
Gajraj Singh Vs. Ram Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-21-2005
Reported in: AIR2006MP164; 2006(2)MPHT251; 2006(2)MPLJ126
Arun Mishra, J1. This appeal has been referred by the learned Single Judge on 9-7-98 under Clause 9 (1) of Chapter I of High Court Rules and Orders in M.P. The Single Judge has opined that one of the questions falling for determination is a question of importance, hence entire matter be heard by a Bench of two Judges.2. This appeal has been preferred by the plaintiff/appellant aggrieved by the dismissal of the suit by the Trial Court on 14-12-1983, which judgment and decree has been affirmed by the learned First Appellate Court as per judgment and decree dated 11-8-1988.3. The plaintiff/appellant has filed a suit for restoration of possession of agricultural land in area 1.97 acre out of Survey No. 644/3, which was of total area 12 acres and for mesne profits on the averment that plaintiff is the Bhumi Swami of Survey No. 644/3 in area 12 acres.4. In the year 1973 defendants No. 1 to 6 have encroached upon 1.97 acres of the aforesaid land which was shown in the plaint map with red ink....
Bhura Vs. Manoharsingh and ors.
Court: Madhya Pradesh
Decided on: Oct-21-2005
Reported in: II(2006)ACC13
ORDERN.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 25.7.2000 passed by Second MACT, Mhow in Claim Case No. 15/1997, whereby sum of Rs. 1,58,250 has been awarded along with interest @ 12% per annum, the present appeal has been filed.2. Learned Counsel for the appellant submits that the breakup of Rs. 1,58,250 is as under:Towards general damages : Rs. 1,01,205Towards medical expenses : Rs. 47,000Towards transport expenses : Rs. 3,000Towards attenders : Rs. 1,000Towards special died : Rs. 1,000Towards pain and sufferings : Rs. 5,0003. Learned Counsel for the appellant further submits that on account of accident appellant was hospitalized for a period of 57 days on four occasions in Choithram Hospital. Appellant sustained fracture of left thigh bone, commuted fracture of left thigh. There were 25 stitches on his head. Part of the ear was cut off. The disability of the appellant has been assessed as 60% for which the medical evidence has been produ...
Kendriya Vidyalaya Sangthan and ors. Vs. Sant Kumar Nahar and anr.
Court: Madhya Pradesh
Decided on: Oct-20-2005
Reported in: [2006(109)FLR1129]; 2006(2)MPHT164; 2006(2)MPLJ216
ORDERR.S. Jha, J.1. The petitioners have filed this petition challenging the order of the Central Administrative Tribunal, Jabalpur Bench (hereinafter referred to as 'the Tribunal') passed in Original Application No. 784/1999, dated 21-10-2002. It is the contention of the petitioners that the Tribunal has wrongly allowed the Original Application, filed by the respondent No. 1, and granted relief of special disability leave and consequential benefits thereto.2. The facts of the case are that the respondent No. 1, who is a Safai Karmachari working in Kendriya Vidyalaya No. 1, G.C.F., Jabalpur, was assaulted by one Gulab Singh on 18-2-1997 at 9.00 a.m. resulting in severe head and leg injuries on account of which, the respondent No. 1 had to be hospitalized and, therefore, he could not attend his duties from 18-2-1997 to 2-3-1997 and for a further period of 10 weeks, which was advised by the doctor, after his discharge from the hospital. The respondent No. 1 applied for special disability...
Smt. Mona Shrivastava Vs. Smt. Pan Bai Raikwar
Court: Madhya Pradesh
Decided on: Oct-20-2005
Reported in: 2006(2)MPHT393; 2006(2)MPLJ10
Abhay M. Naik, J.1. This revision application is submitted under Section 23-E of M.P. Accommodation Control Act by the tenant/revisionist against an order dated 3-7-2004 passed by the learned Rent Controlling Authority, Jabalpur.2. Short facts leading to the case are that the landlady submitted an application under Section 23(A) (a) of the M.P. Accommodation Control Act for eviction of the revisionist. She stated that the revisionist is a tenant @ Rs. 500/- per month under an oral tenancy. The landlady is a widow having lost her husband in the year 1 995. It is further stated that the landlady is aged and finding it difficult to reside alone since last 21/2 years. Due to this the younger daughter of the landlady has started residing with her in order to take her care. Her this younger daughter is married and is residing with landlady along with her husband and two children. It is further stated that the landlady has only two rooms and one kitchen in her occupation and are insufficient ...
Jagjeet Singh Vs. Bhopal Vikas Pradhikaran and anr.
Court: Madhya Pradesh
Decided on: Oct-20-2005
Reported in: AIR2006MP92; 2006(2)ARBLR325(MP); 2006(1)MPLJ254
ORDER1. This revision is directed against award dated 30-7-1999 by M.P. Arbitration Tribunal, Bhopal in reference No. 50/1994 by which the reference application filed by the petitioner under Section 7 of M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as 'Adhiniyam' for short) has been dismissed on the ground of limitation. The Tribunal found that the application was barred by limitation as provided under Section 7-B of the Adhiniyam and dismissed it.2. This order has been assailed by the petitioner on following grounds:(i) That the Tribunal erred in considering the question of limitation while the said question was considered and decided by the Tribunal by order dated 28-10-1994 by which the Tribunal held that the application is not barred by limitation and rejected the objection of respondents. Once the question was heard and decided it ought not to have been reconsidered by the Tribunal.(ii) That the order dated 28-10-1994 was having res judicata between the part...
Kalu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-17-2005
Reported in: 2006CriLJ1506; I(2006)DMC436
Abhay K. Gohil, J.1. In this criminal appeal filed under Section 374 of the Code of Criminal Procedure, appellant has challenged his conviction under Section 302, I.P.C. and sentence of life imprisonment with fine of Rs. 1,000; in default of payment of fine, to further undergo rigorous imprisonment of three months; vide judgment dated 23.1.1998 passed by First Additional Judge to the Court of Sessions Judge, Guna in Sessions Trial No. 198/97.2. Brief facts giving rise to the present appeal are that the appellant was prosecuted for the murder of his own wife. Harnarain (P.W. 2) is the owner of one agricultural field along with tubewell thereon. The appellant along with his wife was his Bataidar in the field. They were residing on the said field. The field is situated at village Barodiya. The appellant was resident of village Dumavan under Police Station, Bamori, District Guna. His brother-in-law (wife's brother) was also resident of village Bamori. As per prosecution version on 4.1.1997...
Dhuribai and ors. Vs. Lalsingh and ors.
Court: Madhya Pradesh
Decided on: Oct-17-2005
Reported in: I(2006)ACC530; 2006ACJ1433
Ashok Kumar Tiwari, J.1. This appeal has been filed by the appellants against the award dated 20.10.2000, passed by the Member, Second Motor Accidents Claims Tribunal, Mandsaur, in Claim Case No. 64 of 2000.2. On 11.5.2000, Shobharam and Pratapsingh were travelling in the trolley No. MP 14-G 2480 attached to tractor No. MP 14-K 5563 along with their agriculture produce to Daloda. The tractor was being driven by respondent No. 1 in the capacity of driver, who drove it so rashly and negligently near a culvert on the road between village Guliyana and Dhundhadka that the trolley attached to it overturned and Shobharam, who was sitting in the trolley was pressed under it and he succumbed to the injury sustained by him. Pratapsingh who was also sitting in the trolley sustained injuries in the accident.3. The appellants being representatives of the deceased filed a claim petition for awarding them compensation for the loss caused to them due to the death of the deceased Shobharam, because the...
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