Madhya Pradesh Court July 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sunia Bai and ors. Vs. Rammu Patel and ors.
Court: Madhya Pradesh
Decided on: Jul-31-2006
Reported in: 2007ACJ2640
Arun Mishra, J.1. In this appeal the appellants has prayed for enhancement of compensation aggrieved by award dated 28.4.2004 passed by Fourth Additional Motor Accidents Claims Tribunal, Katni in M.C.C. No. 435 of 2002. On account of death of Mehngu Kushwaha, who died in an accident on 19.12.2001, the claimants widow, children and his mother filed claim petition before the Claims Tribunal claiming compensation.2. The deceased was a labourer. He was going from his house to Katni. In front of the house of Shree Ram, tailor, a truck No. MP 21-1062 driven by Rammu Patel dashed him. He died on the spot. The truck was owned by Sanjay Khare and insured with National Insurance Co. Ltd. A criminal case was registered against the driver. It was claimed that age of the deceased was 40 years. He was earning a sum of Rs. 100 per day. A sum of Rs. 15,00,000 was claimed towards compensation. The owner and driver did not file written statement. However, insurer, the respondent No. 3, denied the income...
Vandna Shukla and ors. Vs. Sitaram Jajodia and ors.
Court: Madhya Pradesh
Decided on: Jul-31-2006
Reported in: 2008ACJ236
Arun Mishra, J.1. This appeal has been preferred by the claimant aggrieved by the award dated 28.10.2004 passed by the M.A.C.T., Shahdol in Claim Case No. 54 of 2003.2. In an accident dated 30.5.2003 when the deceased was going back to his house from bank after performing his duty, he was dashed by truck No. MP 18-6777 at Banganga Road. The truck was driven by Dharmendra Soni in a rash and negligent manner as per the claimant. The truck was owned by Sitaram Jajodia and insured with New India Assurance Co. Ltd. Satya Narayan Shukla sustained injuries. He was admitted in District Hospital, Shahdol from where he was referred to Jabalpur. He died while he was under treatment. Report was lodged at concerned police station. The deceased was earning a sum of Rs. 15,000 by way of salary from the bank. Claimants are widow and children of the deceased. They were dependent on earnings of the deceased. Compensation of Rs. 31,20,640 was claimed. The age of the deceased was 3972 years.3. The owner a...
Durga Singh and anr. Vs. Janardan Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-31-2006
Reported in: 2008ACJ250
Arun Mishra, J.1. This appeal has been preferred by the claimants aggrieved by the dismissal of the claim petition as per award dated 3.2.2004 passed by the First Addl. M.A.C.T., Sidhi in Claim Case No. 51 of 2002.2. On 14.6.2001 at about 9 p.m. the deceased Gajendra Singh was going to the village Bichhi from Sidhi on a motor cycle as pillion rider along with motorcyclist Shiv Singh. His age was 25 years. When they reached at about 9.40 p.m. near house of Ashok Singh, tractor No. MP 17-A 2399 and trolley No. MP 17-A 2400 driven by Shivraj in zigzag and rash and negligent manner came on the road. When side was sought, driver of the tractor gave side, Shiv Singh took motor cycle ahead, driver of the tractor brought the trolley back and dashed the head of pillion rider Gajendra Singh on the left side. He sustained injuries. Motor cycle was thrown away. Shiv Singh also fell down. The several persons came to the spot. Driver did not stop the tractor and ran away with the tractor. Report was...
State of M.P. Vs. Habib Khan and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2006
Reported in: 2007CriLJ2505
S.L. Jain, J.1. Appellant-State had filed this appeal under Section 378(1) of the Code of Criminal Procedure (henceforth, 'the Cr. P. C) aggrieved by the Judgment and order dated 9-5-92, passed by IInd Additional Sessions Judge. Sehore in Sessions Trial No. 102/90, acquitting the respondents of offences punishable under Sections 148, 302. 323, 324 and 325 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC for short).2. Prosecution case in brief Is that about one year before the date of incident Ajij Khan (PW 2) and respondent No. 6 Shabbir Khan contested Panchayat Election. Shabbir Khan was elected resulting in bad blood between complainant party and respondents. On the date of incident at about 5 p.m., Sayeed Khan (PW-8) was returning to his village from village Shyampur after unloading the carl of sugar cane. When he reached near rivar Parwa, he was accosted by respondents Ayub Khan. Hafiz Khan, Jafrudeen and Ajij Khan. Jafrudeen questioned him as to ...
Mamta Travels Vs. Dhanu Rajkwar and anr.
Court: Madhya Pradesh
Decided on: Jul-28-2006
Reported in: 2007ACJ2854
Arun Mishra, J.1. This appeal has been preferred by the owner aggrieved by an order dated 31.1.2004 passed by the Commissioner for Workmen's Compensation, Labour Court, Satna in Case No. 23/W.C. Act Non-Fatal of 2002.2. The facts of the case are that Dhanu Raikwar was employed as driver by Mamta Travels. On 9.1.2002 while he was driving the bus No. MP 19-D 2837, it turned turtle, owing to which driver sustained serious injuries and incurred 100 per cent disability. Learned Commissioner for Workmen's Compensation has awarded compensation of Rs. 3,03,880. Penalty of Rs. 10,000 has been fastened upon the owner, Mamta Travels. Liability of interest has also been saddled on the owner. Insurer has been exonerated from making the payment of penalty and interest. Consequently, this appeal has been preferred by the owner submitting that liability ought to have been fastened on the insurer as intimation was given well in advance to the insurer and insurer has made the payment towards damage of t...
Parvati Bai and anr. Vs. Gendalal
Court: Madhya Pradesh
Decided on: Jul-27-2006
Reported in: 1(2007)DMC516
ORDERS.S. Dwivedi, J.1. The applicant have preferred this revision petition feeling aggrieved by the order dated 1.3.2006 passed by the 2nd Additional Principal Judge, Family Court, Indore in Misc. Criminal Case No. 241/2005, whereby the Trial Court has partly allowed the application filed under Section 125(1), Cr.P.C. and awarded the maintenance amount of Rs. 700 per month in favour of the minor son Rakesh only and rejected the part of the claim of maintenance amount demanded by the present applicant Parvatibai being the wife of the respondent.2 The brief facts of the case are that the present applicant Parvatibai is the legally wedded wife of the respondent Gendalal, living separately with her parents. She is also having a minor son Rakesh aged about 9 years, who is studying in a Primary School. The respondent has contracted second marriage with some other lady and not paying any maintenance amount to the applicant and her son. On the basis of these facts, the applicant has filed a p...
NaraIn Singh and ors. Vs. Sadhu Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2006
Reported in: I(2007)ACC659
ORDERRajendra Menon, J.1. Appellants herein who are the parents of a child aged 4 years have filed this appeal seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dabra in Claim Case No. 26/2000. It is the case of the appellant at their daughter Hemlata, a child of about 4 years died in a accident that took place in the afternoon at 2.00 p.m. on 17.10.1995 under Police Station Picchore when the child was playing in front of her house and a bus No. MP07 F 162 driven rashly and negligently came and dashed on the child who was standing 6 ft. away from the road. It is stated that Hemlata was dragged for more than 36 ft. and she died on the spot. Inter alia claiming a sum of Rs. 12,60,000 as compensation for death of the child claimants filed the application and the Claims Tribunal has awarded a sum of Rs. 80,000 along with interest at the rate of 12% per annum with effect from the date of filing of the claim application. Seeking enhancement of compensatio...
Commissioner of Wealth Tax Vs. Sanghi Bros. (India) Ltd.
Court: Madhya Pradesh
Decided on: Jul-25-2006
Reported in: [2008]301ITR129(MP)
ORDERS.K. Kulshrestha, J.1. This appeal is under Section 27A of the WT Act, which has been admitted on the following question of law:Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the assessee has valued its assets on certain basis and non-acceptance of assessee's explanation cannot attract the penalty under Section 18(1)(c) in the case, even though penalty is imposable in view of Expln. 4 to Section 18(1) of the WT Act?2. The respondent/assessee is a limited company which filed a return showing its net wealth as on 31st March, 1988. According to the return of wealth, the showroom at Bombay was valued at Rs. 32,67,881, the value of car and jeeps was shown to be Rs. 5,54,903, while value of the plot was shown to be Rs. 1,108. In assessing the said value, the assessee had adopted the method of rent capitalization, while the value of automobile was arrived at on the basis of written down value. The Department did not accep...
Smt. Chandravati Devi Vs. Premlal @ Popa Kachi and ors.
Court: Madhya Pradesh
Decided on: Jul-25-2006
Reported in: AIR2007MP35
A.K. Srivastava, J.1. This second appeal has been filed at the instance of plaintiff who has lost from both the Courts below.2. The plaintiff filed suit for declaration and injunction in respect of the suit property, the description whereof has been mentioned in Para 1 of the plaint. The contention of plaintiff in the plaint is that the said house was owned by one Premlal (defendant No. 1) who has sold the suit property to plaintiff by registered sale deed dated 19-10-1984 (Ex. P-l). In Para 2 of the plaint, it has been specifically pleaded that by virtue of relinquishment deed dated 7-7-1964 executed by Ram Bai (defendant No. 3), Premlal (defendant No. 1) has derived, right, title and interest in the suit property and in this manner Premlal became owner of the suit property and he sold it to the plaintiff. During the pendency of the suit, defendant No. 3 Ram Bai died and her name was directed to be deleted from the cause title of the plaint.3. Except, defendant No. 5 Smt. Mangi Bai, a...
Shamma and ors. Vs. Kartar Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-25-2006
Reported in: 2008ACJ892
Dipak Misra, J.1. Claimants-appellants (hereinafter referred to as 'the claimants'), the legal representatives of late Yakoob Khan initiated an action under the provisions of the Motor Vehicles Act, 1988 (for brevity, 'the Act*) before Motor Accidents Claims Tribunal, Khandwa (for short, 'the Tribunal') forming the subject-matter of Claim Case No. 54 of 2000 whereby a claim of Rs. 7,00,000 as compensation for the death of said Yakoob Khan, husband of appellant No. 1 and father of appellant Nos. 2 to 4, was put forth.2. Sans unnecessary details, the facts which are essential for adjudication of this appeal are that on 4.9.1999, the deceased Yakoob Khan, was travelling in the jeep bearing registration No. MP 12-B 3528 which was proceeding from Rustampur to Khandwa. The vehicle in question was driven by respondent No. 1 and owned by respondent No. 2 and it was insured with United India Insurance Co. Ltd., respondent No. 3 herein. About 11.30 a.m. when the jeep reached near Ajit Agro Indus...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »