Madhya Pradesh Court January 2009 Judgments
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Shamim Bano Vs. Rajesh Kumar and anr.
Court: Madhya Pradesh
Decided on: Jan-06-2009
Reported in: AIR2009MP126
Abhay M. Naik, J.1. This appeal has been preferred against the order dated 29-11-2005, passed by the learned Motor Accidents Claims Tribunal, Betul, in Motor Accidents Claim Case No. 43/2005, dismissing thereby the Claim Petition for want of jurisdiction.2. Facts relevant for the purposes of this appeal are that deceased Shahadat Khan was a driver on truck No. MP-05-A/9611 owned by the respondent No. 1. Truck was on the return journey from Nasik to Betul on 23-9-2004 with one Sunil Korku as its cleaner. The truck was parked at one 'Dhaba' near Village Patola, Maharashtra, in the intervening night between 22/23-9-2004. Shahadat Khan was assaulted by Sunil Korku by knife. Shahadat Khan was found dead. Claimant/appellant submitted a Claim Petition under Section 166 of the Motor Vehicles Act for compensation on the ground that Shahadat Khan was murdered by the cleaner while sleeping in the truck. A claim for compensation, was, accordingly, made. Respondents submitted their respective reply...
Dr. Babulal Gupta Vs. Anoop Padliya
Court: Madhya Pradesh
Decided on: Jan-06-2009
Reported in: 2009(3)MPHT161
Shantanu Kemkar, J.1. This appeal under Section 96 of the Civil Procedure Code has been filed by the appellant-tenant against the judgment and decree dated 17-2-2004 passed by the VI Additional District Judge, Indore in Civil Suit No. 139-A/2001, by which a decree for eviction against him has been passed on the grounds under Section 12(1)(e) and (f) of the Madhya Pradesh Accommodation Control Act, 1961 (for short 'the Act').2. Briefly stated, the respondent-landlord filed a suit on 27-9-2001 for eviction and for recovery of rent against the appellant-tenant on the grounds under Section 12(1)(a), (c), (e) and (f) of the Act. In his plaint, he averred that House No. 96 HIG Junior (GH) situated at Scheme No. 54, Indore owned and possessed by him was let out by him to the appellant-defendant in the month of November, 1986, for a monthly rent of Rs. 1,300/- for residential purpose. He alleged that since last few years the appellant-tenant changed the use of the premises let out to him and i...
Gannon Dunkerley and Co. Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2009
Reported in: 2009(5)MPHT258
ORDERSanjay Yadav, J.1. The order passed in the present writ petition shall govern the disposal of Writ Petitions bearing Numbers W.P. No. 3657/2008, BOC India Ltd. v. State of M.P. and Ors. W.P. No. 3846/2008, Neo Structo Construction Ltd. v. State of M.P. and Ors. W.P. No. 4271/2008, Naftogaz India Pvt. Ltd. v. State of M.P. and Ors. W.P. No. 4274/2008, Naftogaz India Pvt. Ltd. v. State of M.P. and Ors. W.P. No. 1802/2008, Patron Engineering Construction Ltd. v. State of M.P. and Ors. W.P. No. 4562/2008, MSK Projects (India) Ltd. v. State of M.P. and Ors. W.P. No. 4564/2008, MSK Projects (India) Ltd. v. State of M.P. and Ors. W.P. No. 4567/2008, MSK Projects (India) Ltd. v. State of M.P. and Ors. W.P. No. 6968/2008, S.K.B. Builders and Fabricators v. State of M.P. and Ors. W.P. No. 5420/2008, Bridge and Roof Co. (India) Ltd. v. State of M.P. and Ors. W.P. No. 5421/2008, Bridge and Roof Co. (India) Ltd. v. State of M.P. and Ors. W.P. No. 5422/2008, MSK Projects (India) Ltd. v. State o...
Ayaz Ahmad Khan and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-05-2009
Reported in: 2009(2)MPHT245
ORDERPrakash Shrivastava, J.1. This order will govern the disposal of Writ Petition No. 7328/2008, Writ Petition No. 7557/2008, Writ Petition No. 7559/2008, Writ Petition No. 7743/2008, Writ Petition No. 8042/2008, Writ Petition No. 8290/2008, Writ Petition No. 8291/2008, Writ Petition No. 9650/2008 and Writ Petition No. 10204/2008. In all these matters a challenge has been raised to the selection and appointment of Notaries in Katni district which includes Katni, Dheemarkheda, Bohriband, Rithi, Badwara and Barhi Tehsil.2. For convenience facts of W.P. No. 7328/2008 have been noted in this order. Brief facts are that by notification dated 12-10-2007, 11 posts of Notary were notified for Katni district which include 4 posts for Katni, 1 for Dheemarkheda, 2 for Bohriband, 1 for Rithi, 2 for Badwara and 1 for Barhi. In pursuant to the notification, the State Govt. vide communication dated 31 -10-07 wrote to the respondent No. 4 requesting him to sent a panel along with the memorial of eli...
Laxmi Sondhiya (Smt.) Vs. Shiv Saran Sondhiya
Court: Madhya Pradesh
Decided on: Jan-05-2009
Reported in: 2009(5)MPHT202
Sushma Shrivastava, J.1. This is an appeal under Section 28 of Hindu Marriage Act, 1955 filed by the appellant/wife against the decree of divorce passed against her by Vth Additional District Judge, Rewa in Civil Suit No. 54-A/95, vide judgment dated 26-9-96.2. It was not disputed in the case that the appellant was married to the respondent at Jabalpur in the year 1981 according to Hindu rites and customs and they lived together as husband and wife.3. Respondent/husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 against the appellant/wife before District Judge, Rewa on 17-6-91. As per allegations made in the petition, respondent and appellant lived as husband and wife for a period of two and half years at Jabalpur, Shahdol and Rewa. They last resided as husband and wife at Village Kuthaliya, District Rewa till August, 1984, when the appellant/wife eloped with her friend Anwar Khan in the month of August, 1984. Respondent/husband made unsuccessful atte...
Rakesh Singare Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-05-2009
Reported in: 2009(5)MPHT207
ORDERPrakash Shrivastava, J.1. This writ petition is directed against the circular dated 17-5-2005 issued from the office of the Registrar providing for calculation of stamp duty on the mining lease by auction sale and the order dated 5-7-2006 passed by the Incharge Officer (Mining Branch) Collectorate, Balaghat cancelling the mining lease for not getting the agreement registered and for not depositing the instalments.2. The brief facts are that the sand quarry in Village Gaykhuri, Tehsil and District Balaghat in Khasra No. 152/1 area 7.80 acres was auctioned in favour of the petitioner. The agreement in the prescribed Form 18 under Rule 37(1) of the M.P. Mining and Mineral Rules, 1961 was executed for grant of quarry lease in favour of the petitioner for the period of 2 years from 1-4-2005 to 31-3-2007 on payment of Rs. 5,04,000/- as contract amount and also payment of Rs. 12,600/- as advance money and Rs. 63,000/- as security. The case of the petitioner is that he was asked to submit...
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