Madhya Pradesh Court March 2007 Judgments
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Hind Syntex Ltd. Vs. Shree Mangal and ors.
Court: Madhya Pradesh
Decided on: Mar-12-2007
Reported in: 2007(4)MPHT112; 2007(3)MPLJ243
S.S. Dwivedi, J.1. The applicant has preferred this appeal under Section 378 of the Criminal Procedure Code, feeling aggrieved by the dismissal of the Original Criminal Case No. 1066/01, filed on behalf of the appellant under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'N.I. Act' for short), by CJM, Dewas, in default of appearance of the complainant.2. Briefly stated facts of the case are that the appellant/complainant has filed a complaint under Section 138 of the N.I. Act against the respondent Nos. 1 and 2 before the CJM, Dewas which is registered as Criminal Case No. 1066/01. This complaint has been dismissed by the Trial Court on 3-2-2005 in the absence of the complainant. Feeling aggrieved by which the complainant has preferred Criminal Revision No. 20/05, before the II ASJ, Dewas, the Revisional Court allowed the revision and impugned order passed by the Trial Court is set aside, against that order the respondent Nos. 1 and 2 preferred Criminal Revi...
Guddi Devi and ors. Vs. Madhya Pradesh State Road Transport Corporatio ...
Court: Madhya Pradesh
Decided on: Mar-12-2007
Reported in: 2008ACJ1545
S. Samvatsar, J.1. This order shall govern the disposal of both these appeals as they arise out of common award dated 5.7.2000 passed by the Eighth Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior in Claim Case Nos. 159 and 160 of 1996. In Claim Case No. 159 of 1996 the Claims Tribunal has awarded compensation to the tune of Rs. 2,98,000 for the death of deceased Kalyan Singh, while in Claim Case No. 160 of 1996 compensation to the tune of Rs. 52,000 is awarded for the death of the deceased who was a boy of 9 years.2. The brief facts of the case are that on 18.1.1996 the deceased persons were travelling in bus No. MP 07-F 0015 which was driven by deceased Dashrath Singh. The bus was owned by respondent No. 1. Said bus dashed against truck No. DL 1G-B 0261 which was owned by respondent No. 3 and was insured with respondent No. 4. Deceased persons who were travelling in the bus sustained injuries in the said accident due to which they died.3. Appellants in M.A. No. 679 o...
Pushparaj Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-09-2007
Reported in: 2007(3)MPHT303
A.K. Saxena, J.1. Being aggrieved by the judgment of conviction and sentence passed on 9-1-1993 by the Sessions Judge, Narsinghpur in Sessions Trial No. 192/92, the appellant preferred this appeal. The appellant/accused Pushparaj has been convicted under Section 18 of the NDPS Act (hereinafter referred to as 'the Act') and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. one lac and in default, one year rigorous imprisonment.2. Prosecution story in brief is that on 2-5-1992, Sub-Inspector P.W. 1, S.K. Shrivastava received an information that the appellant/accused Pushparaj is selling opium in his house. This message was recorded in Rojnamcha Sanha and thereafter, he proceeded towards the house of appellant/accused with police force and witnesses. When he reached at the house of appellant, the Sub-Inspector found that the appellant is sitting on empty jute bag. He informed the appellant that search can be made by the Gazetted Officer, but the appellant agreed for sear...
Vijayprakash Jatav and anr. Vs. Hanif Khan and ors.
Court: Madhya Pradesh
Decided on: Mar-09-2007
Reported in: 2008ACJ577
Arun Mishra, J.1. This appeal has been filed for enhancement of compensation aggrieved by award dated 2.3.2001 passed by the Motor Accidents Claims Tribunal, Shivpuri in Claim Case No. 23 of 1999 (old 92 of 1998).2. On 27.6.1997 the accident took place at Madhav Chowk, Shivpuri caused by the truck No. MPG 6939, driven by Hanif Khan, owned by Sanno Khan and insured with United India Insurance Co. Ltd. The truck was driven by driver rashly and negligently in which Narendra sustained injuries and died. Deceased was aged 20 years. He was student of B.A. first year and was to join the service as supervisor in a private firm. On account of his death, report was lodged and offence was registered against the driver under Sections 279, 337 and 304A of Indian Penal Code and charge-sheet has been filed. It was submitted that if Narendra was alive, he would have earned Rs. 5,000 per month which the claimants are deprived of.3. The owner and driver in the written statement contended that liability ...
Natwarlal and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Mar-08-2007
Reported in: AIR2007MP128; 2007(2)MPHT311
S.K. Kulshrestha, J.1. This appeal by the plaintiffs is directed against the judgment and decree dated 29-11-1994, passed by the IIIrd Additional District Judge, Ratlam in Civil Suit No. 6-A/1993, by which the suit of the appellants for recovery of damages in the sum of Rs. 3,10,200/- has been dismissed.2. As per the plaint allegations, Kantabai (P.W. 2) was married to Govind about 15-16 years ago and through this marriage they had four issues. On account of paucity of funds available with them, they agreed to sterilisation of the plaintiff No. 2 - Kantabai on assurance of Dr. Kamal Bohra (P.W. 5) that after operation she will never conceive. However, the operation failed and she conceived and gave birth to plaintiff No. 1 - Natwarlal. It was in this context that she claimed damages in the sum of Rs. 3,10,200/-.3. The defendants traversed the plaint averments and stated that no inducement was given to the plaintiff No. 2 and she had voluntarily come for the sterilisation and after the ...
Laxmi Grih Udyog and anr. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Mar-08-2007
Reported in: AIR2007MP114; III(2007)BC723; 2007(3)MPHT518
1. By this appeal under Section 2 of the Madhya Pradesh Uchcha Niyalaya (Khand Niyay Peeth Ko Appeal) Adhiniyam, 2005, the appellants/petitioners assail the order dated 16-10-2006, passed by the learned single Judge in W.P. No. 4671/06. The order of the Collector dated 19-7-2006 (Annexure-P/9) was assailed, by which the Collector had directed recovery of possession from the petitioners of the mortgaged property under the provisions of the Securltisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.2. It was pleaded before the learned single Judge that as against the amount of Rs. 52,11,067/- claimed to be due, the petitioners had already submitted a proposal for settlement of account for a sum of Rs. 30.00,000/- out of which the petitioners had deposited a sum of Rs, 5,00,000/- to indicate their bona fide. This proposal was, however, turned down by the respondent, No. 2. The respondent No. 2 has pointed out that although the first proposal had alr...
National Insurance Co. Ltd. and Etc. Vs. Shrikanl Vinod Tiwari and ors ...
Court: Madhya Pradesh
Decided on: Mar-07-2007
Reported in: 2007ACJ2809; 2007(3)MPHT103; AIR2007MP98(SB)
S.S. Jha, J.1. Awards of the Motor Accident Claims Tribunals for amount less than Rs. 10,000/- have been challenged before this Court in the writ petition and the civil revisions because Sub-section (2) of Section 173 of the Motor Vehicles Act, 1988, bars an appeal against the award of the Claims Tribunal if the amount in dispute is less than Rs. 10,000/-.2. In New India Insurance Co. Ltd. v. Smt. Rafeeka Sultana 2000 (3) MPLJ 561 : AIR 2001 MP 116 (FB), the Motor Accident Tribunal awarded a compensation of Rs. 1,60,000/- with interest at the rate of 12% per annum from the date of claim till the date of realisation and the Insurance Company assailed this award through a Civil Revision under Section 115 of the Civil Procedure Code. The claimant contended that the Insurance Company cannot challenge the quantum of compensation in an appeal before the High Court because defences of the Insurance Company to a claim have to be confined to the grounds mentioned under Section 149(2) of the Mot...
Pure Industrial Cock and Chemicals Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-06-2007
Reported in: 2007(2)MPHT380
ORDERA.K. Patnaik, C.J.1. This is an appeal against the order dated 17-5-2006 of the learned single Judge under Article 226 of the Constitution in Writ Petition No. 4 of 2005 and raises substantial questions of law relating to interpretation of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Adhiniyam').2. The facts briefly are that the appellant purchased on 4-8-1986 an agricultural land bearing Khasra No. 67/8/2 in village Bicholi Hapsi in District Indore and submitted a plan for construction for purposes of residence on the land to the Gram Panchayat of Bicholi Hapsi. By order dated 5-4-1990, the Gram Panchayat approved the appellant's plan and the appellant commenced construction on the land. Village Bicholi Hapsi was not amongst the 37 villages included in the plan area of Indore as notified by notification dated 13-2-1974 of the State Government under Section 13(1) of the Adhiniyam. On 30-3-1999, the Stale Government issued a notification under Section ...
Nandan Tiwari Vs. Virendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-06-2007
Reported in: II(2007)ACC819; 2008ACJ1204
ORDERArun Mishra, J.1. This appeal is by the claimant aggrieved by dismissal of claim petition as per award dated 22.9.2000 passed by 2nd Addl. Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case No. 36/2000.2. The claimant filed a claim petition for claiming compensation with respect to an accident dated 31.12.1995 which took place at about 6.15p.m. near village Hanskhedi. When the claiamnt was travelling on Yamha Motorcycle along with Malvendra Singh and was going to Dabra, Jeep (MP 04-G/0404) came from Dabra side, it was driven by Virendra Kumar, owned by Hargovind and insured with Oriental Insurance Co. Ltd. had dashed the motorcycle. Claimant sustained compound fracture of tibia and fibula, report of accident was lodged, an offene was registered under Sections 297 and 337, IPC, after due investigation, driver of the jeep was charge-sheeted. Right leg of claimant has become incapacitated, claimant was a contractor earning Rs. 10,000 per month, compensation of Rs. ...
Amarsingh and ors. Vs. Gulam Mohd. and ors.
Court: Madhya Pradesh
Decided on: Mar-06-2007
Reported in: II(2007)ACC763
ORDERN.K. Mody, J.1. This order shall also govern the disposal of M.A. No. 2526/2004, which is an appeal against the same award filed by respondent No. 2.2. Being aggrieved by the award dated 31.10.2003, passed by 1st MACT, Ujjain, in Claim Case No. 157/2002, whereby claim petition filed by the appellant is allowed and a sum of Rs. 2,54,000, was awarded, the present appeal has been filed.3. Short facts of the case are that in a motor accident, which took place on 28.3.2002, Hari @ Hari Narayan, who happens to be brother of the appellants died. In the claim petition it was alleged that the deceased was cleaner on Truck bearing registration No. GJ 09 V 125, which was going towards Nasik. It was alleged that truck was being driven by respondent No. 1 and was owned by respondent No. 2 and insured with respondent No. 3. It was alleged that the said truck met with an accident with Truck bearing registration No. MP 09 KB 4680, which was driven by respondent No. 4, owned by respondent No. 5 an...
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