Madhya Pradesh Court September 2005 Judgments
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Dr. Gopaldas and ors. Vs. Rajesh and anr.
Court: Madhya Pradesh
Decided on: Sep-13-2005
Reported in: 2006(1)MPHT53
Subhash Samvatsar, J.1. This appeal is filed by the tenant challenging judgment and decree dated 29-1-1999 passed by Third Additional District Judge, Vidisha in Civil Appeal No. 3-A/96, whereby the First Appellate Court has confirmed the judgment and decree dated 8-4-1996 passed by Second Civil Judge Class-II, Vidisha in Civil Suit No. 1-A/94.2. The briefs facts of the case are that the respondent-plaintiff filed the present suit for ejectment against the appellants-tenants alleging that 'Dharmshala' is situated namely Kashiram Biharilal Saraf Dharmshala, which is a registered trust. There is a room in the 'Dharmshala' in a round shape which the defendant is a tenant paying rent at the rate of Rs. 30/- per month. The tenancy starts from first of the month. The said premises were let to the defendant for non-residential purpose.3. In the plaint, it is alleged that plaintiff requires the suit accommodation for the office of manager and no other suitable accommodation is available for tha...
State of M.P. and anr. Vs. Kamal Kishore Sharma
Court: Madhya Pradesh
Decided on: Sep-13-2005
Reported in: 2006(2)ARBLR305(MP); 2006(1)MPHT565; 2006(2)MPLJ113
ORDERS.S. Jha, J.1. In this case the dispute is referred to the Larger Bench by the Division Bench on the question whether the judgment in the case of Lachmandas v. State of M.P. 2000(3) MPLJ 21 has rightly held that there is no period prescribed for approaching Superintending Engineer for deciding the dispute under the works contract and whether period mentioned in the works contract is administrative in nature.2. In the case of Lachmandas (supra) Division Bench has held that reading the arbitration agreement and the Adhiniyam together, it is crystal clear that limitation for approaching the Tribunal under Section 7-B of the Adhiniyam commences from the date of communication of decision of the Final Authority. No period has been prescribed for approaching the Superintending Engineer for deciding the dispute under Section 7- B of the Adhiniyam. The period of 30 days prescribed in the contract agreement is administrative in character and there is no period prescribed for approaching the...
Babu and anr. Vs. Progressive Engineering Construction Ltd. and ors.
Court: Madhya Pradesh
Decided on: Sep-13-2005
Reported in: 2006ACJ1107
U.C. Maheshwari, J. 1. Being aggrieved by the award dated 9.9.1987 passed by Additional Motor Accidents Claims Tribunal, Jabalpur in A.M.V. Case No. 78 of 1982, appellant-claimant has preferred this appeal for enhancement of the awarded sum.2. The factual matrix of the case is that on intervening night of 11/12.2.1982 Ram Sunder the son of appellants aged about 19 years was going on bicycle with his friend Mangal Kumar, on the way he was dashed by truck bearing registration No. CPK 4012 driven by Dhanbahadur Singh, respondent No. 2, in a rash and negligent manner. Resultantly Ram Sunder sustained serious injuries, was taken to the Medical College, Jabalpur where he succumbed to injuries on 12.2.1982. The incident was reported to police and by holding investigation respondent No. 2 was charge-sheeted under Section 304A of Indian Penal Code. The truck was owned by the respondent No. 1 while the same was insured with respondent No. 3. As per averments of the claim, the deceased was workin...
Smt. Bhagwanibai Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-13-2005
Reported in: AIR2006MP84
U.C. Maheshwari, J.1. An unsuccessful plaintiff being aggrieved by the dismissal of her suit vide judgment and decree dated 12-5-1995 passed by First Additional Judge to the Court of District Judge, Bhopal in C. O. S. No. 110-A/88 has knocked the door of this Court for decreeing the suit.2. Facts giving rise to this appeal are that as per pleadings of the plaint, the appellant and her late husband Vesimal had come from Pakistan on partition of country. Initially they resided at Devlali Camp then shifted to Bairagarh in 1952-53 where they have been inducted in a 2, B barrack, the old quarter situated on the land of 'Smt. Aftab Jahan Begum'. The aforesaid induction took place at the instance of the Officers of the rehabilitation department, the department of Central Govt. As aforesaid area was taken over by Central Government from the then erstwhile State of Bhopal for such rehabilitation. The aforesaid Bhoomiswami 'Smt. Aftab Jahan Begum' the land lady was the wife of the Nawab of said ...
Shraddha Vs. Badresh and ors.
Court: Madhya Pradesh
Decided on: Sep-13-2005
Reported in: 2006ACJ2067
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 18.12.2002 passed by learned M.A.C.T., District Jhabua (M.P.) in Claim Case No. 127 of 1997 whereby a sum of Rs. 1,50,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.2. Learned Counsel for the appellant submits that appellant was aged 24 years at the time of accident and was literate lady running Fine Art classes. It is submitted that at the time of accident appellant was pregnant, as she was carrying a male baby of 7 months. It is submitted that on account of accident which took place on 3.7.1997, appellant delivered a dead male baby by operation. It is submitted that the amount of Rs. 1,50,000 has been awarded out of which Rs. 70,000 is for medical expenses and Rs. 80,000 is on account of other heads which is on lower side. Earned Counsel submits that permanent disability was assessed as 15 per cent for which the medical evidence has...
Biaora Constructions (P.) Ltd. Vs. Director of Income-tax (investigati ...
Court: Madhya Pradesh
Decided on: Sep-12-2005
Reported in: (2006)202CTR(MP)73; [2006]281ITR247(MP)
A.M. Sapre, J.1. By filing this writ under article 226/227 of the Constitution of India, the petitioner seeks to challenge the retention order, dated April 2, 2003 (annexure P-3), passed by respondent No. 1 as also authorisation order dated April 7, 2003, issued under Section 132A of the Income-tax Act (annexure P-10). In order to appreciate the controversy involved in the writ, it is necessary to take note of the facts pleaded in the petition as also in the return duly supported by the documents as annexures to the petition and the return.2. On April 2, 2003, one Sanjiv Naik an employee of the petitioner-company was travelling in a Maruti Esteem car bearing No. MP-09-T-791 from Biaora to Indore in the morning. When he reached near the outskirts of Indore, the station house officer of police station, Lasudia, intercepted the car and searched it.3. In this search operation, the police party found in the car currency notes kept in a box. The police then seized the box and the notes which...
Amritlal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-12-2005
Reported in: 2006CriLJ888; I(2006)DMC630; 2006(1)MPLJ610
S.L. Kochar, J.1. The appellants have approached this Court being aggrieved by the judgment of conviction and sentence, passed against the appellants by V Additional Sessions Judge, Indore in Sessions Trial No. 448/93 dated 29.2.1996, thereby finding the appellants guiltyfor the offences punishable under Sections 498A/34 and 304B/34,I.P.C. and sentencing each of them to suffer rigorous imprisonment for 2 years and life imprisonment respectively.2. The prosecution case, as furled before the Trial Court, in short, is that in the year 1991, deceased Amulbai was married with appellant No. 1 Amritlal. Basantibai and Sonabai are sisters-in-law of deceased Amulbai. Acquitted accused Balaram and Dwarkabai, were father-in-.law and mother-in-law respectively and Sadhuram was the brother-in-law (Dewar) of the deceased. After marriage deceased Amulbai started living with her in-laws in Anandnagar. For about six months, she was kept properly and thereafter they started demanding dowry and on non-fu...
Sukhlal Vs. Succhasingh and anr.
Court: Madhya Pradesh
Decided on: Sep-12-2005
Reported in: II(2006)ACC184; 2006ACJ2600
A.M. Sapre and A.K. Tiwari, JJ.1. This is an appeal filed by the appellant under Section 173 of the Motor Vehicles Act against the award dated 26.3.2004 passed by the learned Second Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 119 of 2001. By filing this appeal the claimant wants enhancement in the compensation awarded by the learned Member of the Tribunal, as according to the claimant it is on lower side. So, the question that arises for consideration in this appeal is whether any case for further enhancement in the compensation is made out, than what has been actually awarded by the Tribunal to the claimant and if so to what extent?2. Heard Mr. Sameer Verma, learned Counsel for the appellant and Mr. V.P. Khare, learned Counsel for the respondent insurance company.3. This is an injury case. The claimant (appellant herein), aged about 65 years, was engaged in some business activity, sustained injury in a motor road accident on 9.5.2000. This led to filing of claim ...
Netram Vs. Vijay Kumar and ors.
Court: Madhya Pradesh
Decided on: Sep-09-2005
Reported in: 2006(2)MPHT94
ORDERArun Mishra, J.1. This appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 21-1-2004 passed by Second Addl. Motor Accident Claims Tribunal, Gadarwara, District Narsinghpur in Claim Case No. 10/2003.2. The claimant filed the claim petition with respect to the injuries sustained by him in an accident dated 9-11-97 which took place at about 11 a.m. when claimant Netram along with Tarachand and other persons after hiring jeep for a sum of Rs. 500/- from the owner of the jeep Shri Vijay Kumar, was going from Gadarwara to have Darshan 'Banjari Mata temple situated at Kareli, Narsinghpur'. Due to rash and negligent driving of Ramgopal, driver of the jeep, and to save a cyclist the jeep turned turtled, appellant sustained injuries and Tarachand died. Claimant suffered the fracture of clavicle bone and owing to the injuries sustained, his spleen was removed. He was admitted in Govt. Hospital, Narsinghpur. He remained at Govt. hospital from ...
Patiraj Singh Vs. National Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Sep-09-2005
Reported in: 2007ACJ944
Arun Mishra, J.1. These appeals have been preferred by the owner, aggrieved by an award dated 11.2.2005 passed by First Addl. Motor Accidents Claims Tribunal, Sidhi. All these cases arise out of the same accident.2. It is averred by the claimants that the deceased persons used to do the work of labour. On 28.3.2002 deceased persons and two injured persons were going in Tata truck 608 (MP 17-A 2136). Deceased and injured were labourers. They were going towards Churhat, truck was driven by Munnalal Kol in a rash and negligent manner, dashed with another stationary truck (MP 17-C 2084). Driver of the truck 608, Babulal, Lalji, Daduwa Yadav, Ramraj Singh died in the accident. Accident was the outcome of rash and negligent driving of the driver Munnalal Kol. Udaybhan and Shivcharan sustained injuries. Report of the incident was lodged at the concerned police station. Post-mortem of the deceased was performed. Injured were also medically examined. Claimants have prayed for just compensation....
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