Madhya Pradesh Court January 2007 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.
Smt. Mamta Singh Vs. the Indian Oil Corporation Ltd. and anr.
Court: Madhya Pradesh
Decided on: Jan-18-2007
Reported in: 2007(2)MPLJ41
ORDERK.K. Lahoti, J.1. The applicant has filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996(hereinafter referred to as 'the Act') for appointment of an arbitrator to decide the dispute between the parties.2. The case of the applicant is that an agreement dated 10-10-2001 was entered between the parties for the allotment of a dealership of petroleum products at Khatakiya, Dist. Guna, The dispute arose because of termination of the contract by the respondents and withholding the supply of petroleum products. The applicant filed a writ petition before the High Court of Madhya Pradesh, Bench at Gwalior, which was registered as W.P. No. 2227/2004 and was finally decided on 14-7-2005 by which the High Court directed the applicant to invoke arbitration clause and with the aforesaid direction, the petition was dismissed. Thereafter, the applicant served a notice on 16-8-2005 to the respondents for the appointment of an arbitrator to decide the dispute. This ...
New India Insurance Co. Ltd. Vs. Santosh and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2007
Reported in: 2008(3)MPHT356
ORDERU.C. Maheshwari, J.1. This appeal is directed on behalf of the insurer/appellant under Section 173 of the Motor Vehicle Act (in short 'the Act') being aggrieved by award dated 9-10-02 awarding the claim of respondent Nos. 1 and 2 for the sum of Rs. 47000/- alongwith interest at the rate of 9% P.A from the date of filing the claim petition.2. The facts giving rise to this appeal in short are that on dated 29-6-2001 at about 10.30 P.M in the night, the respondent No. 2 being employee of respondent No. 1, after giving the services of his horse in some marriage ceremony was returning to home, on the way such horse was dashed by the auto bearing registration No. CIQ 3937 driven by respondent No. 3 in a rash and negligent manner, resultantly alongwith respondent No. 2 such horse also sustained the injuries in its right leg and in consequence of it, the horse succumbed to injuries. The F.I.R regarding the incident was lodged at P.S. Cantt, Sagar. The post-mortem of the horse was carried-...
Oriental Insurance Co. Ltd. Vs. Kandhilal and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2007
Reported in: 2008ACJ2370
Arun Mishra, J.1. This appeal has been preferred by the insurer aggrieved by an award dated 28.1.2002 passed by Eighth Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 236 of 2000.2. The claimants also preferred Miscellaneous Appeal No. 623 of 2002 that has been decided as per order dated 20.2.2003 passed by Division Bench of this Court enhancing the compensation to Rs. 2,00,000. It was ordered that compensation shall be paid by the insurer. None was present on behalf of the insurer in the appeal, however, as held by this Court compensation has been enhanced and recovery was permitted through the insurer. In all fairness, it ought to have been pointed out by the claimants that another appeal filed by the insurer was pending in this Court with respect to assailing its liability to make the payment of compensation. However, as this question was not raised while deciding the appeal filed by claimants, there is no bar to hear this appeal to decide the question of liability of insure...
Dr. Praveen Yadav Vs. Aditya Kumar Nigam and anr.
Court: Madhya Pradesh
Decided on: Jan-18-2007
Reported in: 2008ACJ1491
Rajendra Menon, J.1. This is claimants appeal under Section 173 of Motor Vehicles Act, for enhancement of the compensation awarded by the Eighth Additional Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 01 of 2002 vide award dated 16.5.2003. The appellant had sustained serious injuries on his body and for the injuries sustained he was awarded a compensation of Rs. 2,40,000. Inter alia contending that the compensation awarded is very much on the lower side this appeal is filed for enhancement of the compensation.2. Appellant claims to be homoeopathy doctor and it is stated that on 11.9.2001 appellant was going on a scooter bearing No. MP 07-D 4801 from Deen Dayal Nagar to Arya Nagar Murar. Scooter was driven by Rakesh Singh, he was driving the scooter very slowly, when the scooter reached a place near Circuit House, a Maruti car bearing No. MP 07-M 0432 driven and belonging to respondent No. 1, Aditya Kumar Nigam and insured with the respondent No. 2, insurance company came...
Rajendra Mahajan Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2007
Reported in: 2007CriLJ2827
ORDERN.K. Mody, J.1. The prayer in the petition is for quashing of the order dated 31-12-96 whereby the respondent No. 2 has confiscated the edible oil for the value of Rs. 17,000/- which has been confirmed by respondent No. 1 vide order dated 18-1-2005 (Annexure. P/5), the present petition has been filed.2. Short facts of the case are that petitioner is the proprietor of M/s. Mahajan Traders and is carrying on his business at 1/2, Tamboli Bakhal, Indore. It is submitted that on 17-7-96, search was made by the Food Inspector at the shop of petitioner. A show-cause notice was issued to the petitioner on 9-8-1996 wherein certain violations were alleged on the part of the petitioner under the provisions of M.P. Scheduled Commodities Trading Licence and Jama Khori Par Nibandhan Order, 1991 and also M.P. Essential Commodities Price Exhibition and Price Control Order (which shall be referred hereinafter as 'the Order'). In the said notice, the petitioner was asked why the articles which have...
Kailash Chandra Sharma Vs. E. Gurunath and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2007
Reported in: AIR2007MP161; 2007(1)MPLJ559
ORDERS. Samvatsar, J.1. Heard counsel.2. This petition is filed by the claimant under Article 227 of the Constitution of India challenging the order dated 10-11-2006 passed by Ninth Additional Member Judge, Motor Accident Claims Tribunal, Gwalior in claim Case No. 29/05 whereby the Claims Tribunal has allowed the application filed by the claimant under Order 26 Rule 10 C. P.C. appointing a commission for examination of a doctor posted at Pathankot. The Tribunal while allowing this application has directed the present petitioner -claimant to bear the expenses of the lawyers of the opposite parties. Hence, this petition is filed under Article 227 of the Constitution of India.3. Counsel for the petitioner submits that the person who is seeking commission is liable to pay commission's expenses but the commission's expenses do not include the expenses of opposite parties. For this purpose, he has relied on a judgment of Division Bench of this Court in the case of Cantonment Board, Mhow v. C...
Dr. Navinkumar Sav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-16-2007
Reported in: 2007CriLJ2110
S.L. Kochar, J.1. The appellant, being aggrieved by the judgment dated 7-4-97 passed by the learned First Additional Sessions Judge, Indore in Sessions Trial No. 232/94. thereby convicting the appellant for the offence punishable under Section 302, Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to suffer additional R. I. for four months, has preferred this appeal.2. Briefly stated, the prosecution case as unfolded before the trial is that on 30-3-93, the appellant made a telephone call and asked Dr. Pradip Bahadur Singh (deceased) to have evening dinner together. At about 4.00 p.m. Dr. Pradip Bahadur Singh met the appellant and both of them came to the house of the appellant on Kinetic Honda scooter of deceased (Dr. Singh) and the appellant took him in a room of his house situated at G-36, MIG Colony, Indore and caused blow by means of an iron dumb-bell. Thereafter the accused/appellant went to Dr....
Shubham Synthetics Pvt. Ltd. and ors. Vs. Bank of Rajasthan and ors.
Court: Madhya Pradesh
Decided on: Jan-16-2007
Reported in: III(2007)BC760
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 4-10-2002 passed by Debts Recovery Tribunal, Allahabad, whereby the application filed by the petitioners for an order that Section 21 of the Recovery of Debts Due to the Banks and Financial Institutions Act, 1993 (in short 'Act of 1993) has been dismissed on the ground that it is not applicable in the present case, the present petition has been filed.2. Short facts of the case are that respondent No. 1 Bank filed a suit against the petitioners on 10-3-1995 for realization of an amount of Rs. 94,20,553.36 paise in the Court of District Judge, Indore. After coming into force of Act of 1993, the suit was transferred under Section 31 of the Act to the Debts Recovery Tribunal, Jabalpur and was registered as T.A. No. 1015/98. The suit was contested by the petitioner before the District Court, Indore as well as Debts Recovery Tribunal, Jabalpur. After framing of the issues and recording of evidence vide judgment dated 24-2-2002, the suit...
United India Insurance Co. Ltd. Vs. Devendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-16-2007
Reported in: II(2007)ACC815; 2008ACJ612
W.A. Shah, J.1. This is an appeal by the Insurance Company to challenge the quantum of Award granted by the learned Motor Accident Claims Tribunal, Jhabua vide dated 8th July, 2002 passed in Motor Accident Claim Case No. 70/999. The total amount of compensation, as awarded, has been Rs. 3,42,000.00 along with usual interest and costs and with certain directions for disbursement. The directions are not the subject matter of this appeal.2. The learned Counsel for the appellant submitted that the award in question does not spell out the reasons for assessment of the amount in question. I find that in Para No. 8 of the impugned Award the learned Tribunal has very elaborately dealt with the nature of injuries, the amount of trauma undertaken and likely to be undertaken by the claimant/respondent No. 1. The learned Tribunal has also found that it was a case, as per medical evidence, of 37% disability and the disability flowed from fractures in tibia fibula and navicular bone. I also find vid...
Saurabh Vs. Dhanna Ram and ors.
Court: Madhya Pradesh
Decided on: Jan-15-2007
Reported in: II(2007)ACC521; 2008ACJ821
ORDERW.A. Shah, J.1. This appeal under Section 173 of the Motor Vehicles Act ('Act' hereafter) has been directed against the award dated 23.7.2005 passed by learned III Motor Accident Claims Tribunal, Camp-Jaora (Ratlam) in Claim Case No. 17/2004. By the Award impugned the claimant/appellant has been awarded Rs. 40,000 along with usual interest and costs. According to the appellant, the amount so awarded is on a lower side, hence this appeal for enhancement of the above amount.2. The claimant/appellant aged about 23 years at the relevant time was moving in a bus which was hit by offendig Truck driven rashly by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3. In the accident, occurred on public way the claimant/appellant sustained injuries and among others sustained injury in vertebral column to the extent of 5% permanent disablement. He applied under Section 166 of the Act before the learned Tribunal below. The Tribunal held that in the accident in question,...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »