Court : Madhya Pradesh
Reported in : 2007(3)ARBLR22(MP); 2007(2)MPLJ144
Abhay M. Naik, J.1. Statement of claim before the arbitration tribunal was filed on 15.11.2005 for the following claim reliefs:(a) Rs. 1,25,66,256 being the outstanding amount of the supply of switched type capacitor bank.(b) Rs. 10,80,059 being the outstanding amount of invoices raised for the work of installation, commissioning and monitoring of the capacitor banks at various divisions of the respondent.(c) Interest @ 18% per annum as permissible under Section 31(7) of the Act.(d) Rs. 10 lacs being the amount spent by the petitioner in forced litigation against the respondent.2. Respondent filed a written statement containing denial of liability made in the statement of claim along with a counter-claim whereby it claimed (i) Rs. 77,01,946 towards the value of 873 defective LSTCB Panels, (ii) Rs. 1,16,82,209 towards the loss suffered by it on account of LSTCB units remaining inoperative due to non-replacement by the claimant in time, (iii) The respondent-Board laid claim for a further...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ493
P.K. Jaiswal, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short 'the Act') has been filed by the appellants-claimants who are father, mother, wife, sons and daughter of deceased Raj Narayan Vishwakarma, challenging the award dated 29.3.2000 passed by the Third Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 39 of 1993.2. Brief facts of the case are that on 8.6.1993 Raj Narayan Vishwakarma, driver of the mini truck bearing registration No. MP 04-D 0072 owned by Surendra Singh Rathore, the respondent No. 4 and insured by the respondent No. 5 had loaded a consignment of liquor from K.C.T. Drinks Pvt. Ltd. at Bhopal and left for Gwalior for delivering the same at Gwalior (along with Gopal Giri, employee of liquor company). On 9.6.1993 at about 11 a.m. when the said mini truck was 15 km away from Gwalior near brick kiln situated at Neemuch Dhaba on A.B. Road, at that time the truck driver Raj Narayan Vishwakarma was driving the truck very slowly...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ526
A.K. Gohil, J.1. Claimants have filed this appeal under Section 173 of the Motor Vehicles Act, against the award dated 25-6-2003 passed by First Motor Accidents Claims Tribunal, Ashoknagar, in claim Case No. 22/2003, where by the Claims Tribunal dismissed the claim petition of the claimants on the ground that it is barred by limitation.2. In this case the incident took place on 7-3-1993 and in that accident deceased Pistabai died. Deceased Pistabai was the daughter of the appellants. Thereafter on 15-11-2002 claimants have filed the petition under Section 166 of the Motor Vehicles Act. The learned Claims Tribunal considered this aspect of the matter that the claim petition has been filed after lapse of 9 years and 8 months and dismissed the claim petition placing reliance on a Division Bench decision in the case of Vinod v. Manoj and Anr. 2002 (II) Durghatna Muavja Prakashika 463 and also considering the decision of the Supreme Court in case of Dhannalal v. D.P. Vijayvargiya : AIR1996S...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ17; 2007(2)MPLJ226
Arun Mishra, J.1. In this appeal insurer calls in question the award dated 22.7.1997 passed by Third Additional Motor Accidents Claims Tribunal, Chhindwara in Claim Case No. 30 of 1995.2. The deceased Manglu was going on a cycle from Chhindwara to Boria. He was dashed by Tata 407-MP 22-B 5119 driven by Shamim Khan owned by Sitaram and insured with United India Insurance Co. Ltd. Deceased was a postman, was going to distribute post at 12 noon from Boria to Pindrai. He was dashed from behind by Tata 407 truck. Report of the accident was lodged at Police Station, Chand, an offence under Section 304A, Indian Penal Code was registered against the driver. Age of the deceased was 44 years. He was earning a sum of Rs. 1,500 per month in the government employment. Compensation of Rs. 5,00,000 was claimed.3. The owner and driver in the written statement did not dispute the factum of accident, however, contended that driver was not negligent, all of a sudden Manglu turned without giving hand, tha...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP8
ORDERAjit Singh, J.1. By this petition, the petitioner has prayed for invoking the 'quo-warranto writ jurisdiction' of this Court calling upon the respondent No. 3 to establish his legal entitlement for holding the office of Mayor, Municipal Corporation, Bhopal. Petitioner has also prayed for a declaration that respondent No. 3 has usurped that office by illegally occupying it despite his disqualification under Section 17(1)(b) of the Municipal Corporation Act (hereinafter referred to as 'the Act').2. The petitioner is voter in Bhopal town. His case is that on 13-1-2000, respondent No. 3 was first elected as Councillor from Ward No. 5 Bhopal and then as Speaker, Municipal Corporation, Bhopal. On 20-2-2004, the State Government issued a show cause notice- to respondent No. 3 as to why he should not be removed from the office of Speaker and ultimately removed him as Speaker by order dated 17-3-2004, Annexure P-3, in exercise of its powers under Section 19-B of the Act. The respondent No....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(4)MPHT585
S.L. Kochar, J.1. The appellants named above being dissatisfied by the judgment dated 4-8-2003 rendered by the learned Special Judge, Shajapur in Special Criminal Case No. 233/2002 thereby they have been convicted and sentenced as under:Appellants Conviction & SentenceJagdish Under Sections 148, 449/149, 302/149, 325/149 (onfour counts) and 323/149, IPC (on 9 counts) sentenced to R.I. for one year, R.I. for 5 years with fine of Rs. 500/-, in default of payment of fine to suffer R.I.for 3 months, Imprisonment for life with fine of Rs. 1,000/-in default of payment of fine to suffer Addl. R.I. for six months, R.I. for 3 years with fine of Rs. 250/-, in default of payment of fine to suffer R.I. for two months and R.I. for six months respectively.Kumersingh Under Sections 147, 449/149, 302/149, 325/149 (on 4 counts) and 323/149, IPC (on nine counts), sentenced to R.I. for one year, R.I. for 5 years with fine of Rs. 500/-, in default of payment of fine to suffer R.I. for three months, impris...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)IILLJ750MP
Dipak Misra, J.1. In Writ Appeal No. 83/2006, the appellants, Steel Authority of India and its functionary, have called in question the defensibility of the order dated January 24, 2006 passed by the learned single Judge in W.P. No. 3134/2003(S) whereby the learned single Judge has not accepted the stance put forth by the Management in its assail to the order passed in Claim Case No. MWA-169/98 by the authority under the Minimum Wages Act, 1948 (for brevity 'the Act') inasmuch as he has only reduced the amount granted by the Authority pertaining to minimum Wages qua period and further while lanceting the direction pertaining to payment of five times compensation has awarded 6% interest on the determined quantum.2. Being dissatisfied with and aggrieved by the order passed by the learned single Judge pertaining to reduction of the quantum in respect of the years 1996 to 1998 and annihilation of the direction for payment of five times compensation and restricting it to grant of interest, ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)IILLJ625MP; 2007(1)MPLJ555
ORDERDipak Misra, J.1. Invoking the jurisdiction of this Court under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the appellant, Ispat Khadan Janta Mazdoor Union (hereinafter referred to as 'the Union') has called in question the presentableness of the order dated October 5, 2005 passed by the learned single Judge in W.P. (s) No. 5073/2005.2. The Central Government by notification dated March 17, 1993 prohibited contract labour in the steel industries which compelled the petitioner-Union along with its workmen to file a writ petition under Article 226 of the Constitution of India, forming the subject-matter of W. P. No. 921/1997 seeking absorption under the principal employer, Steel Authority of India (SAIL), as regular employees. The learned single Judge allowed the writ petition on the foundation of the decision rendered in the case of Air India Statutory Corporation v. Union Labour Union : (1997)ILLJ1113SC and directed that the con...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(2)MPHT308; 2007(1)MPLJ532
ORDERSubhash Samvatsar, J.1. This petition is filed by the petitioner/plaintiff challenging order Annexure P-1 passed by the Lok Adalat at Guna whereby Appeal No. 2-A/06 pending in the Court of III, Additional District Judge, (Fast Track), Guna is disposed of with a direction to the present petitioner/plaintiff to pay an amount of Rs. 1,88,000/- to the respondent tenant for vacating the premises.2. The brief facts of the case are that the present petitioner/plaintiff had filed a civil suit against the respondent on the ground of Section 12(1)(a) and 12(1)(f) of the M.P. Accommodation Control Act alleging that the defendant in spite of notice are not regular in payment of rent. It is also alleged that the plaintiffs requires the said accommodation for his grandson for starting business of stationary and there is no other suitable accommodation of his own in the city of Guna. The Trial Court decreed the suit. The said judgment and decree is challenged by the defendant/tenant by filing an...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ856; 2007(2)MPHT234
ORDERRajendra Menon, J.1. Even though this revision petition is admitted for hearing but considering the short question involved, it is being heard finally with the consent of parties.2. Petitioner has filed this revision petition being aggrieved by the order dated 10-7-06 passed by the First Motor Accident Claims Tribunal, Ashok Nagar, rejecting certain objections filed by the petitioner in an execution proceedings, the execution proceedings are pending with regard to recovery of certain amount awarded by the Motor Accidents Claims Tribunal Ashok Nagar, in Claim Case No. 12/90. Petitioner Ramesh Chand claims to be the adopted son of Joharilal Jain.3. One Parshuram s/o Narottam Prasad, died in motor accident. Death of Parshuram gave cause to filing of a claim case under Section 166 of the Motor Vehicles Act, the said case was registered as Claim Case No. 12/90 and apart from Narottam Prasad his wife Ramkunwar and another son Ramcharan Das were the claimants in the said proceedings. The...
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