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Madhya Pradesh Court November 2008 Judgments

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Nov 04 2008

Ambaram Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-04-2008

Reported in: 2009CriLJ1059; 2009(1)MPHT134

A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 30-3-2000 passed by learned Sessions Judge, Hoshangabad, in Sessions Trial No. 11/2000 convicting the appellant under Sections 376(1), 342 and 506 later part, IPC and sentencing him to suffer life imprisonment, one year RI and five years RI respectively with a further stipulation that all the sentences shall run concurrently, the appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973.2. In brief, the case of prosecution is that appellant is the father of prosecutrix and the age of prosecutrix is 16 years. Krishna Bai who was mother of the prosecutrix died 6-7 years earlier to the incident, since then she is residing with her father/appellant. Although prosecutrix has been married but since Gauna ceremony was not solemnised, she was residing with her father at his work place. Appellant is employed in brick furnace nearby Gurukul Ashram a: Bhopal-Hoshan...


Nov 04 2008

Sunita Agrawal and anr. Vs. Ishak Khan and ors.

Court: Madhya Pradesh

Decided on: Nov-04-2008

Reported in: 2009ACJ2442

S.K. Gangele, J. 1. This appeal has been filed by the appellants under Section 173 of the Motor Vehicles Act, 1988, against an award dated 21.4.2005, passed by the Sixth Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 60 of 2004 for enhancement of compensation.2. Deceased Sunil Agrawal was going to paan shop on 1.7.2004 at around 1.30 p.m. when he was hit by a bus bearing registration No. MP 07-F 1488. Deceased died on the spot; report of the incident was lodged at the police station and an offence was also registered against the driver of the bus. Subsequently, the appellants filed claim application before the Claims Tribunal claiming the total compensation of Rs. 63,30,000. Appellants pleaded that they are wife and daughter of the deceased and deceased had been working as Assistant Engineer in Electricity Department and he had been receiving monthly salary of Rs. 23,000, after promotion he could get further enhancement of salary of Rs. 3,000. Vehicle was driven ...


Nov 03 2008

Suresh Kumar Agrawal and ors. Vs. Baluram (Deceased) Through L.Rs. and ...

Court: Madhya Pradesh

Decided on: Nov-03-2008

Reported in: 2009(1)MPHT212

ORDERR.S. Garg, J.1. The original respondent No. 1 Baluram s/o Nathulal Goyal filed a civil suit against Motilal s/o Prahladji Agrawal and M/s Ramdhan Kisanlal with the allegation that the original defendant No. 1 Motilal was inducted as a tenant but during the tenancy, he sub-let part of the suit property to original defendant No. 2. It is worth noticing that the suit was filed in the year 1961 and is still pending.2. It is also to be noted that the original defendant No. 2 M/s Ramdhan Kisanlal was joined as a partnership firm with its two partners viz., Ramdhan s/o Kishorilal and Kisanlal s/o Ramnath Agrawal. Somewhere in January, 1997, one Suresh Kumar filed an application with a submission that Ramdhan s/o Kishorilal had expired long back, his legal representatives have not been brought on record, the suit had abated and in case the Court finds that the suit had not abated, then a direction be issued to the plaintiff to correct the record.3. On 29-9-2003, the plaintiff moved an app...


Nov 03 2008

Farzana Begum and ors. Vs. National Insurance Co. Ltd. and ors.

Court: Madhya Pradesh

Decided on: Nov-03-2008

Reported in: 2009ACJ2721

S.K. Gangele, J.1. The appellants have filed this appeal against the award dated 8.7.2002 passed by the Third Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 63 of 2001, with regard to enhancement of compensation.2. On 30.8.2001 deceased Mohinuddin Qureshi had been driving his Sunny bike. When the vehicle reached near Ganesh Temple, A.B. Road then a truck bearing registration No. HR 46-A 709, which was being driven by Ramashish, respondent No. 3 rashly and negligently hit against Mohinuddin Qureshi. He died on the spot. Shamshuddin, who was pillion rider along with Mohinuddin also received injuries in the said accident. F.I.R. of the accident was lodged at Police Station Bahodapur and a case vide Crime No. 274 of 2001 was registered against the driver of the offending truck. Subsequently, the appellants-applicants filed a claim application before the Motor Accidents Claims Tribunal at Gwalior claiming a total compensation of Rs. 30,00,000 on account of the death o...


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