Madhya Pradesh Court August 2006 Judgments
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Keshav Prasad and anr. Vs. Smt. Bhuwani Bai and anr.
Court: Madhya Pradesh
Decided on: Aug-01-2006
Reported in: 2007(1)MPLJ499
A.K. Shrivastava, J.1. The defendants, feeling aggrieved by the judgment and decree passed by the First Appellate Court whereby the judgment and decree of the Trial Court dismissing the suit of plaintiff/respondent No. 1, has been set aside, has preferred this second appeal.2. In brief, the suit of plaintiff is that she is the daughter of Kaushalya Bai wd/o Udaybhan. According to plaint averments, Kaushalya Bai was the owner of the suit property, the description whereof has been mentioned in the plaint. The plaintiff being her daughter, after the death of Kaushalya Bai inherited the right, title and interest in the suit property. It has also been pleaded in Paras 7, 8 and 11 of the plaint that a forged and fictitious Will has been prepared by the defendants and by that forged and fictitious Will of Kaushalya Bai, no right, title and interest are devolved in them. The plaintiff further pleaded that the alleged Will dated 26-2-1978 alleged to have been executed by Kaushalya Bai in favour...
Mohd. Nazeer Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-01-2006
Reported in: 2007(1)MPHT278
ORDERAjit Singh, J.1. This petition, under Article 227 of the Constitution of India, is directed against the order dated 23.3.2004 passed in Civil Suit No. 8-A/2004 by the Second Civil Judge, Class II, Chhindwara, whereby he has impounded the Instrument of agreement for sale dated 9.6.1995 treating it as conveyance and directed the petitioner to pay stamp duty of Rs. 13,150/- together with ten times penalty i.e. Rs. 1,31,500/-; total amounting Rs. 1,44,155/-.2. Petitioner is plaintiff in the suit for specific performance of contract. His case before the trial Court is that on 9.6.1995 he entered into an agreement with Bahabuddin for sale of the land bearing Khasra No. 487, measuring 1250 sq.ft. situated at Mouza Chhindwara. The petitioner paid sale consideration of Rs. 15,000/- and the sale deed was to be executed on any date when he desired. Document No. 1 dated 9.6.1995 annexed to this petition is the agreement for sale between the petitioner and Bahabuddin. It appears that later Bah...
Parvati Vs. Firoj and ors.
Court: Madhya Pradesh
Decided on: Aug-01-2006
Reported in: II(2007)ACC533
ORDERS.K. Seth, J.1. This is claimant's appeal for enhancement of compensation awarded by Additional Motor Accident Claims Tribunal, Kukshi, District Dhar in M.V. Case No. 38/2004. By the impugned award, learned Claim Tribunal has awarded Rs. 33,950 as against the claim of Rs. 2,52,000.2. On 5.3.2004 appellant, a young girl aged about 18 years, met with an accident. As a result, she sustained fracture in the left shoulder and other personal injuries. It is claimed that she remained hospitalized for a period often days and because of the personal injuries, she sustained permanent disability. She also claimed that accident was caused by respondent No. 1 Firoz on account of his rash and negligent driving of the bus belonging to respondent No. 2 and insured with respondent No. 3. The claim petition was resisted by the Insurance Company. Learned Claims Tribunal arrived at a finding that on the fateful day accident was caused by respondent No. 1 on account of his rash and negligent driving o...
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