Madhya Pradesh Court April 2006 Judgments
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Ramchandra Vs. Pappuram and ors.
Court: Madhya Pradesh
Decided on: Apr-18-2006
Reported in: 2007ACJ2233
S.K. Kulshrestha and Ashok Kumar Tiwari, JJ.1. This appeal by the claimant is directed against the award dated 5.7.2003 of the Third Additional Motor Accidents Claims Tribunal, Dhar in Claim Case No. 523 of 2002 by which the Tribunal has restricted the compensation to the appellant under Section 166 of the Motor Vehicles Act, to a sum of Rs. 4,04,000 and the interest thereon. The appellant was a paid driver of Tempo Trax bearing registration No. MP 11-2574 of the ownership of Ashwini Sharma, AW 3. It is alleged by the appellant that while driving said vehicle on 8.4.2001 he was returning from Sanwaria and was going towards village Simlavada, truck bearing registration No. RJ 15-G 2775, came at an alarming speed from the opposite direction and although he brought his vehicle to the extreme left of the road, on account of the excessive speed of truck, the respondent Pappuram son of Shambhuram, driver of truck, could not control it with the result there was a collision between truck and T...
Ramchandra Vs. Pappuram and 2 ors.
Court: Madhya Pradesh
Decided on: Apr-18-2006
Reported in: III(2006)ACC540
ORDER1. This appeal by the claimant is directed against the award dated 5.7.2003 of the IIIrd Additional Member of the Motor Accident Claims Tribunal, Dhar, in Claim Case No. 523/2002 by which the Tribunal has restricted the compensation to the appellant under Section 166 of the Motor Vehicles Act, to a sum of Rs. 4,04,000 and the interest thereon. The appellant was a paid Driver on the Tempo Trax bearing Registration No. MP11 2574 of the ownership of Ashwini Sharma (A.W. 3). It is alleged by the appellant that while driving that vehicle on 8.4.2001 he was returning from Sanwaria and going towards village Simlavada, the Truck bearing Registration No. RJ 15 1G 2775, came at an alarming speed from the opposite direction and although he brought his vehicle to the extreme left of the road, on account of the excessive speed of the Truck, the respondent-Pappuram s/o Shambhuram - driver of the Truck, could not control it with the result there was a collision between the Truck and the Car resu...
Awadhesh Kumar Dubey Vs. Khairatilal Malhotra and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2006
Reported in: 2007ACJ2184
N.K. Mody, J.1. Being aggrieved by the award dated 14.7.1997 passed by Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 45 of 1993 whereby an award of Rs. 3,34,000 has been passed along with interest at the rate of 12 per cent per annum from the date of claim petition, the present appeal has been filed.2. Short facts of the case are that in a motor accident which took place on 27.10.1993 between truck No. MKH 7740 and bus No. CIW 7226, deceased Rajeev Kumar Malhotra who was coming on a scooter bearing registration No. DDP 6449 sustained injuries and died on the spot. The claim petition was filed by the legal representatives who are respondent Nos. 1, 2 and 3. Claim petition was filed against driver and owner of truck No. MKH 7740 who are respondent No. 4 and appellant respectively. Respondent No. 5 is insurance company with whom the offending truck was insured. The claim petition was contested by appellant and respondent No. 5 on various grounds. Issues were framed and...
United India Insurance Co. Ltd. Vs. Kamodi Bai and ors.
Court: Madhya Pradesh
Decided on: Apr-13-2006
Reported in: 2007ACJ2031
S.K. Seth, J.1. This appeal by the insurance company is against the award dated 7.2.2005 passed by the Third Additional Motor Accidents Claims Tribunal, Ujjain in M.V.C. No. 28 of 2004. By the impugned award for the death of Shyama in an accident arising out of use of motor vehicle in a public place, Claims Tribunal assessed and awarded total sum of Rs. 1,70,000 (rupees one lakh seventy thousand) as compensation payable to legal representatives of the deceased. The driver and owner of the vehicle remained exparte before Claims Tribunal whereas the appellant insurance company contested the claim denying its liability to pay compensation. Overruling the objection of the insurance company learned Claims Tribunal has fastened the liability jointly and severally on the driver, owner and the appellant insurance company. Hence this appeal by the insurance company.2. At the outset, it may be stated that there is no cross-appeal or cross-objection for enhancement. Learned Counsel appearing for ...
Raja Bhaiya Tiwari and ors. Vs. Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Apr-13-2006
Reported in: 2006(3)MPLJ163
ORDERDipak Misra, J.1 The petitioners, ten in number, appeared in Class XIIth Examination conducted by the Board of Secondary Education, Madhya Pradesh in the year 2004. They had appeared from Government High School, Patehra, District Rewa. The admission cards issued in their favour have been collectively annexed as Annexure P-l. It is contended that they are brilliant students and secured very good marks in Class Xth examination which was conducted by the Board. It is putforth that Class XIIth examination is an important examination conducted by the Board as that enables the students to appear in the Pre Medical Test Examination, Pre Engineering Test Examination and such other entrance tests. For the academic year 2003-04 all the petitioners had undergone their regular studies and had appeared as regular students from the Centre as mentioned earlier. In the aforesaid school 300 students appeared in the examination from various faculties such as Arts, Commerce, Science, Mathematics and...
Smt. Aneeta Joshi, W/O Subhash Joshi, D/O Raja Ballabh Bharadwaj Vs. S ...
Court: Madhya Pradesh
Decided on: Apr-13-2006
Reported in: 2006(4)MPLJ336
ORDERManjusha Namjoshi, J.1. This revision is under Section 397 read with Section 401 Cr.P.C2. Applicant and non applicants are wife and husband. By an order dated 15.2.1999 in MJC No. 187/1997 under Section 125 Cr.P.C the Judicial Magistrate First Class, Bhopal had passed an order in favour of applicant granting maintenance of Rs. 1000/- per month to be paid by the non applicant. Thereafter, the husband moved an application under Section 127 Cr.P.C for cancelling the order of maintainance before the Family Court which was registered as MJC No. 1178/2002. The Family Court by its order dated 10.5.2005 ordered that the wife Aneeta has sufficient means to maintain, hence the order of Judicial Magistrate was set at not.3. Against this the applicant Aneeta Joshi has come before this Court.4. On perusal of the record, it appears that Aneeta had registered herself as an Advocate and had started practice in Bhopal Court since 1998. In 1999 on 15.2.1999 the Judicial Magistrate First Class, Bhop...
Akhtar Nawab Naqvi S/O Yakub HussaIn Naqvi Vs. Smt. Taj Jahan Alias Am ...
Court: Madhya Pradesh
Decided on: Apr-13-2006
Reported in: 2006(3)MPLJ580
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment and decree dated 6.10.1998 in Civil Appeal No. 93-A/98 passed by IXth Additional District Judge, Bhopal whereby the judgment and decree dated 14.10.1992 passed in Civil Suit No. 101-A/89 by the Court of 8th Civil Judge, Class II, Bhopal has been affirmed, the defendant has preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908. 2. In brief the suit of plaintiffs/respondents is that one Yakoob Hussain Naqvi was the tenant of the suit accommodation. The landlord is Madhya Pradesh Wakf Board. Said Yakoob Hussain obtained the suit accommodation on tenancy basis. Yakoob Hussain died on 14.5.1980. After the death of Yakoob Hussain plaintiffs 1 to 4 are residing in the suit accommodation and are paying rent to the Wakf Board. Defendant/appellant Akhtar Nawab Naqvi is the son of deceased tenant Yakoob Hussain. He is residing in other cities on account of his service. In the year 1986 he was transferred to Bho...
Venkateshwaran Narayanan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-13-2006
Reported in: 2006(2)MPLJ592
ORDERRakesh Saksena, J.1. Petitioners, who are Directors of M/s. Glaxo India Co. Ltd., have filed this petition under Section 482 of Cr.PC seeking quashment of criminal prosecution against them of Criminal Case No. 867/99 pending before the Chief Judicial Magistrate, Raisen, under Section 18A(i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act').2. The main contention advanced by the learned Counsel appearing for the petitioners is that the petitioners, i.e., accused No. 10 Mr. V. Narayanan, Accused No. 11 Mr. P.V. Nayak and Accused No. 12 Mr. D.S. Parekh have been impleaded in the complaint as accused merely on the ground of their being Directors of the Company without making any averment against them, as such the Court below has erred in taking cognizance against them.3. In short, the facts of the case are that on 30-3-1996 the Drug Inspector of District, Raisen purchased 200 Betnasol tablets from M/s. Raj Medical Stores, Obedullaganj,...
Gaurishanker Dable and ors. Vs. Jagtarsingh and ors.
Court: Madhya Pradesh
Decided on: Apr-13-2006
Reported in: 2007ACJ2173
A.K. Tiwari, J.1. This appeal has been filed by the claimants-appellants against the award dated 28.2.2004 passed in Claim Case No. 116 of 2003 by learned Fourth Motor Accidents Claims Tribunal (Fast Track), Mhow, District Indore.2. On 12.6.2002 Ajay Kumar Dable, son of appellant Nos. 1 and 2, namely, Gaurishanker and Laxmidevi was coming from Sirsaganj in his Fiat car bearing registration No. MP 09-HC 6541. At about 6 p.m. when he reached National Highway 2, District Firozabad (Uttar Pradesh) near village Vahad on the turn of Arav Tiwaria, a truck bearing registration No. DL 1-GB 446 coming from Etawah side dashed the car of deceased Ajay Kumar Dable. Due to the impact, the car of the deceased Ajay Kumar Dable got badly damaged and he sustained severe injuries and succumbed to his injuries on the spot itself. The cause of the accident was the rash and negligent driving of respondent No. 1. The offending vehicle was owned by respondent No. 2 and it was insured with respondent No. 3 at ...
Bachchanram Agrahari Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Apr-13-2006
Reported in: 2006(3)MPLJ568
ORDERShantanu Kemkar, J.1. Shri Z.M. Shah, learned Counsel for the petitioner.2. Shri P.S. Nair, learned Senior Counsel with Ms. Jashmeet Chana, learned Counsel for the respondents.3. The petitioner is working on the post of Deputy Chief Engineer in Jayant Colliery, N.C.L. at Singrauli district Sidhi. He has been transferred to B.C.C.L. at Dhanbad by order dated 19.10.2005 (Annexure P-4). Feeling aggrieved the petitioner had filed a representation to the fourth respondent on 24.10.2005 (Annexure P-5). Before the said representation could be decided the petitioner approached this Court by filing W.P. 15864/2005 (S). The said writ petition was disposed of by this Court on 16.12.2005 directing the fourth respondent to decide his representation on or before 31.1.2006. This Court further directed that till the representation of the petitioner is decided, his present place of posting may not be disturbed.4. Thereafter the petitioner submitted yet another representation on 20.5.2005 (Annexure...
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