Madhya Pradesh Court January 2007 Judgments
Smt. Sunita JaIn and ors. Vs. Kunwar Singh @ Raju Vishwakarma and ors.
Court: Madhya Pradesh
Decided on: Jan-25-2007
Reported in: 2009ACJ57
ORDERDipak Misra, J.1. In this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (for brevity 'the Act') the claimants-appellants have called in question the defensibility of the award dated 24-7-1999 passed by the Third Additional Motor Accident Claims Tribunal, Sagar Camp, Rehli (for short 'the Tribunal') in M.V.C. No. 22/98.2. The facts which are requisite to be stated for adjudication of this appeal is that the deceased, Sunil Kumar, was travelling in a jeep bearing registration No. MP-15D-2175 towards Gunjaura on 13-4-1998 for obtaining an order for light decoration. The said jeep was driven by the driver, respondent No. 1 herein. Near Village, Udaipura due to rash and negligent driving of the driver Sunil Kumar fell down on the road and sustained grievous injuries. He was admitted in the hospital but despite availing treatment he succumbed to the injuries on the next day. Crime in respect of the offence punishable under Sections 279, 304A and 337 of the Indian Pe...
Tag this Judgment!Suresh Chandra JaIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-25-2007
Reported in: 2007CriLJ1744; 2007(2)MPLJ203
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence date 24-11-1994 passed by learned Sessions Judge, Gwalior in Sessions Trial No. 170/86 convicting appellant under Section 302, IPC and sentencing him to suffer life imprisonment, the appellant has knocked the door of this Court by preferring this appeal under Section 374(2) of Cr.P.C.2. In brief the case of prosecution is that Mithlesh (hereinafter referred to as 'the deceased') is the wife of appellant Suresh Chandra. It is said that appellant was having illicit relations with one Durgesh Nandani as a result of which deceased was an eyesore to the accused persons. In order to kill the deceased, in the night of 29-5-1986 at 9 poison was administered to her as a result of which her physical condition became deteriorated and ultimately she became unconscious as a result of which she was transmitted to Nursing Home of Dr. Bhagwanswaroop Gaurh where the doctor found her condition to be serious as s...
Tag this Judgment!Munna Lal Vs. Smt. Roopa Devi and anr.
Court: Madhya Pradesh
Decided on: Jan-25-2007
Reported in: 2007(1)MPLJ429
Arun Mishra, J.1. This appeal has been preferred by the defendant aggrieved by reversal of judgment and decree passed by Trial Court. The Trial Court has dismissed the suit filed by the plaintiff/respondent for bonafide requirement of starting of the business by Manoj Jain based on 12(1)(f) of M.P. Accommodation Control Act (hereinafter referred to as 'Act'). The Appellate Court has found that the plaintiffs required the suit accommodation bonafide for starting of the business by Manoj Kumar Jain. The alternative accommodation pointed out by the defendant cannot be said to be reasonable suitable alternative accommodation for that purpose.2. Plaintiffs Rupa Bai and Manoj Kumar Jain came to the Court averring that house was owned by Rupa Devi situated at Ganj Gate, Sadar Bazar, Murar, District Gwalior having Municipal No. 133/34. The defendant was in occupation of the disputed shop @ of Rs. 300/- per month. Same was required bonafide by the plaintiff for business of electricity goods by ...
Tag this Judgment!Shashi Choudhary and ors. Vs. Reliance India Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jan-25-2007
Reported in: 2008ACJ549
S.C. Sinho, J.1. This appeal under Section 173 of Motor Vehicles Act is directed against the award dated 19.8.2004 passed by the Motor Accidents Claims Tribunal, Hoshangabad in Claim Case No. 13 of 2002.2. Claimants' case in short is this that deceased J.K. Choudhary was working as Principal of the Government Makhan Lal Chaturvedi Mahavidyalaya, Babai and his salary was Rs. 24,321 per month. That on 31.12.2001 at about 5.20 p.m. when the deceased was waiting for bus on the side of road, respondent No. 2 while driving rashly and negligently jeep No. MP 09-S 7360 dashed the deceased J.K. Choudhary. As a result of said accident, the deceased suffered various grievous injuries and was taken to Government Hospital, Hoshangabad where he died. The aforesaid offending jeep was owned by respondent No. 1 and at the time of accident was insured with respondent No. 3. The Tribunal awarded a sum of Rs. 5,51,000 with 9 per cent interest per annum towards compensation to the claimants for the death o...
Tag this Judgment!Parmanand and anr. Vs. Jagrani and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2007
Reported in: AIR2007MP242
ORDERDipak Misra, J.1. In this appeal preferred under Section 96 of the Code of Civil Procedure the defendants have called in question the sustainability and defensibility of the judgment and decree datedl2-3-1990 passed by the learned Additional District Judge, Kurai in Civil Suit No. 16-A/1988.2. The respondents as plaintiffs initiated the aforesaid civil action for declaration of the sale deed executed on 8-2-1988 by the defendant No. 1 in favour of the defendant No. 2 in respect of house No. 35 situated at Ward No. 35, village Malthone as null and void and further for partition of the disputed house. The plaintiffs case was that the plaintiff No. 1 is the widow of the deceased Chinte and plaintiff No. 10 is the daughter begotten from the first wife of Chinte. First wife had deserted Chinte and married other person which prompted Chinte to enter into second marriage. In the said wedlock, as pleaded, the plaintiff No. 2 and the defendant No. 1 were born. The second wife died many yea...
Tag this Judgment!Muniandi Kuwalan and anr. Vs. Devendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2007
Reported in: II(2007)ACC914; 2008ACJ282
S.K. Kulshrestha, J.1. Dissatisfied with the inadequacy of the award dated 9th January, 2006 of the learned First Additional Member, MACT, Indore the appellants have preferred this appeal for enhancement in relation to the death of their son, a student of Engineering in 3rd Year, of four years course, in Computer Engineering. The Tribunal has awarded only a sum of Rs. 3,00,000 as against Rs. 25,00,000 claimed by the appellants.2. According to the case set up by the appellants, Bhagyaraj (deceased) and Atul Gadwal were both the students of GSITS, Indore in B.E. Engineering. They had gone to the Lantern Square to have tea at about 12.15 and when they were returning back to the hostel, in front of SGSITS, College the respondent No. 1, driver of the bus bearing Registration No. M.P.09.S.7792, brought it at an excessive speed and on account of his negligence, the son of the appellants and the other students were hit by the bus. As a result of the said accident, K. Bhagyaraj and Ashish died ...
Tag this Judgment!Rajeev Soni Vs. Indresh Singh
Court: Madhya Pradesh
Decided on: Jan-19-2007
Reported in: IV(2007)BC284; 2007CriLJ2361; 2007(1)MPLJ571
B.M. Gupta, J.1. Heard finally.2. Being aggrieved with the order D/- 6-12-2006 passed by Special Sessions Judge, Vidisha, in Criminal Revision No. 125/2006, this petition has been preferred on behalf of the petitioner, who is the accused in the original case. Vide impugned order, the learned Sessions Judge has affirmed the order D/- 14-7-2006 passed by J.M.F.C. Vidisha in R.T.No. 1781/2006 wherein the learned Magistrate has rejected an application filed on behalf of the petitioner to call the account papers from the respondent, who is the complainant in the case, which are related to the alleged transaction.3. Shri Bhagawan Pandey, while drawing attention at the order passed by this Court in the case of Ajay Kumar Bharadwaj v. AnandVijan M.P.W.N.S.N. 131, page 303 (sic) has submitted that calling the account of the respondent is necessary for the case.4. Undisputedly, the complaint has been filed by the respondent under Section 138 of Negotiable Instruments Act, 1881 which goes as unde...
Tag this Judgment!Chhota Vs. Mst. Koyali and ors.
Court: Madhya Pradesh
Decided on: Jan-19-2007
Reported in: 2007(2)MPLJ96
K.K. Lahoti, J.1. The plaintiff aggrieved by the judgment and decree passed in Civil Appeal No. 5-A/05 by the District Judge, Shahdol, dated 7-3-2005 affirming the judgment and decree dated 23-12-2005 in Civil Suit No. l-A/80 by the Civil Judge, Class I, Shahdol dismissing the suit of appellant, has preferred this appeal.2. Learned Counsel for the appellant submitted that judgment and decree passed by the Court below are not in accordance with law. The Court below has applied provisions of Sections 49 and 180 of Rewa Land Revenue and Tenancy Act, 1935 (hereinafter referred as 'the Act') which were not applicable. Without any deed of transfer the Court below erred in holding that the father of appellant Triloki Goud transferred his right in favour of Lohra the predecessor of the respondents. There was no dispute in respect to Survey Nos. 40 and 41 but the Court below has also dismissed the suit of the appellant in this regard. Apart from Survey Nos. 29 and 93 on which the possession of ...
Tag this Judgment!Madan Mohan Vs. Satish Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-19-2007
Reported in: 2008ACJ1999
Rajendra Menon, J.1. This is claimant's appeal under Section 173 of Motor Vehicles Act seeking enhancement of compensation awarded by the Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 47 of 1998. By the impugned award dated 20.1.2001 for the serious injuries sustained by appellant in the accident in question, a sum of Rs. 1,30,000 is awarded as compensation. Appellant has filed this appeal seeking enhancement of the amount of compensation.2. Appellant claims to be a 36 years old man engaged in the vocation of sale of groundnut by moving around in the city on a cycle. According to the appellant, he used to earn about Rs. 100 per day by sale of groundnut and on 18.2.1998 when he was engaged in his vocation on his cycle, a truck bearing No. MP 06-E 0759 came from the opposite side, which was driven by respondent No. 1 in a rash and negligent manner. The truck in question was owned by respondent No. 2 and insured with respondent No. 3. The truck dashed against the cycle...
Tag this Judgment!Bachchalal Sindhi Vs. Municipal Council Shahdol Through Its Chief Exec ...
Court: Madhya Pradesh
Decided on: Jan-18-2007
Reported in: AIR2007MP231; 2007(2)MPHT339
ORDERA.K. Shrivastava, J.1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the validity of impugned order Annexure P-l, dated 8-11-2000 by which a sum of Rs. 52,200/- has been claimed by the respondent in regard to requisite charges for extinguishing the fire which took place in the godown of petitioner.2. Shri Shukla, learned Counsel for the petitioner by inviting my attention to Annexure P-l has submitted that fire took place on 25-10-2000 in Ekta Bhawan in which godown of petitioner is also there. On information being received respondent-Municipal Council deployed employees of Fire Brigade to extinguish the lire. However, a sum of Rs. 52,200/- has been demanded for extinguishing the fire vide Annexure P-l. The contention of learned Counsel is that the said demand hper se illegal and without jurisdiction since there is no provision to make such demand in the Municipalities Act, 1961 (in short 'the Act').3. In this petition no r...
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