Madhya Pradesh Court May 2015 Judgments
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Bajaj Allianz General Insurance Company Ltd. Vs. Prem Bai and Others
Court: Madhya Pradesh
Decided on: May-06-2015
Heard on admission. The appellant-Insurance Company has preferred the present appeal against the award dated 6.11.2009 passed by the Third MACT, Jabalpur in Claim Case No.8/2008 whereby the compensation of Rs.1 lakh along with interest was granted to the respondent No.1 by ignoring the objection raised by the Insurance Company that the vehicle was goods vehicle and the deceased was a passenger in the goods vehicle. The brief facts of the case are that the deceased Jairam was working in a tent house as a Manager and worker. On 8.4.2007 he was taking luggage of the tent house in a vehicle bearing registration No.MKE/T/J-0880 and due to accident Jairam fell down from the vehicle and died. The respondent No.1 preferred a claim application under Section 166 of the Motor Vehicles Act. The Tribunals after framing of the issues and recording of the evidence of the parties found that no violation of the policy condition was done by the driver or insured person, and therefore the Insurance Compa...
Munna alias Jamuna Vs. The State of M.P.
Court: Madhya Pradesh
Decided on: May-06-2015
1. This appeal has been preferred by the appellant under Section 374 (2), Cr.P.C. against the judgment of conviction and order of sentence dated 14.03.2000, delivered by the Sixth Additional Sessions Judge, Jabalpur, in Sessions Trial No.164/1996, convicting the appellant under Section 324 of IPC and sentenced to suffer rigorous imprisonment for one year and fine of Rs.500/-, with default stipulation. 2. The case of the prosecution is that on 14.12.1995 at about 09:30 pm Raj Kumar, nephew of the applicant on Egg shop of complainant Rajesh Kumar received injury in his hand, when he was cleaning the Egg shop. Raj Kumar reached at his home. The allegation against the applicant Munna is that he immediately came to his Egg shop and caused simple injury on the neck of the complainant Rajesh Kumar. 3. In order to bring home the charges against the appellant the prosecution examined 11 witnesses and exhibited the documents vide Exh.P/1 to P/16. 4. The learned Sixth Additional Sessions Judge, J...
Jitendra Agnihotri Vs. Madhumita Dutta
Court: Madhya Pradesh
Decided on: May-06-2015
1. This petition under Section 482 of the Code of Criminal Procedure, 1973, here-in-after referred to the Code , has been filed by the applicant being aggrieved by order dated 24.03.2014, passed by the Court of Sessions Judge, Anuppur in Criminal Revision No.04/2014, arising out of order dated 24.01.2014 passed by the Court of Gram Nyayalaya, Anuppur in M.Cr.C. No.187/2010, whereby the Sessions Court maintained the awarded interim maintenance amount of Rs. 5,000/- per month to the respondent/wife. 2. The respondent filed an application under Section 12, 20, 23 of the Protection of Women from Domestic Violence Rules, 2005, here-inafter in short Do. Vio. Act , against the applicant before learned Gram Nyayalaya, Anuppur for claiming maintenance. It was alleged in main application that marriage between the parties was performed on 23.04.2006 at Virasani Devi Mandir, Birsinghpur Pali and they resided together as husband-wife till April 2009 and after that the applicant left the respondent ...
Prabha Exim Pvt. Ltd., Thru. Kshitij Garg Vs. Public Words Department
Court: Madhya Pradesh
Decided on: May-06-2015
1. Heard on the question of admission. 2. The petitioner is a Class-B Civil Government Contractor. It is alleged that after lapse of months respondents have not finalised the final bill of the petitioner for want of Royalty Clearance Certificate as per terms and conditions of the agreement executed between the petitioner and Department. 3. According to the petitioner, in view of the law laid down by this Court as well as at Principal Seat, Jabalpur in various cases, including the cases of M.P. Contractors Sangh, Indore and Ors. v. State of M.P. and Ors., 1987 JLJ 743,M.P. Audhyogik Kendra Vikas Nigam v. Abrar Construction Company and Ors., 2005 Arb. WLJ 379 (MP), Keti Construction Ltd. v. State of M.P. 2007 (3) M.P.H.T. 433 (D.B.) and Tomar Construction Company v. State of M.P. and Ors. 2008 (2) M.P.L.J 40 and recently in Writ Appeal No. 357/2012 (M/s. Arpit Heights (P) Ltd. v. Indore Development Authority) decided on 18.03.2013, the insistence of the respondents for production of the ...
Gaurav Chaturvedi and Others Vs. Girdhar Gopal Bajoria and Another
Court: Madhya Pradesh
Decided on: May-05-2015
1. This is second visit of the applicant to this Court for appointment of arbitrator. Earlier he filed AC No. 11/2013 for appointment of arbitrator. The said case was decided by this court on 07.03.2014 (Annexure P/10). The respondent herein filed SLP No. 17065/2014 against the said order. The SLP was dismissed in limine on 18.07.2014. This Court in AC 11/2013 appointed a former judge of this Court as sole arbitrator. The proceedings before the sole arbitrator began and on 13.04.2014 the applicant herein appeared before the arbitrator. The respondent sent an application by speed post seeking adjournment till 13.07.2014 on the ground that they intend to challenge the order of this court dated 07.03.2014 before Apex Court. Learned arbitrator posted the matter on 20.07.2014. On 20.07.2014, neither party appeared. Learned arbitrator opined that the parties are not interested in prosecuting the arbitration proceedings. Hence, proceedings were terminated. Applicant preferred an application d...
Meera Gupta and Another Vs. M/s Anurudh Builders and Developers
Court: Madhya Pradesh
Decided on: May-05-2015
1. The petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution to challenge the order of District Magistrate, Gwalior dated 31.3.2015 (Annexure P/). The District Magistrate in exercise of powers under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the 'SARFAESI Act') directed the Tahsildar, Gwalior to take possession of the mortgaged property and hand it over to Bank of Maharashtra. Facts: 2. The petitioners are daughters of Smt. Subhadra Bai. It is contended by the petitioners that the property in question was purchased by Smt. Subhadra Bai through registered sale deed dated 16.4.1979 from Dhani Ram Gupta (Annexure P/10). Smt. Subhadra Bai died while remaining in possession on 17.10.2005. Smt Subhadra Bai died leaving behind legal representatives (i) Meera Gupta-daughter (petitioner) (ii) Rajesh Gupta-son (iii) Geeta Gupta-daughter (petitioner) (iv) Sunita Gupta-daught...
Surendra and Company Vs. Rajesh Kumar Rai and Others
Court: Madhya Pradesh
Decided on: May-01-2015
This petition under Section 482 of Cr.P.C. has been filed for invoking the inherent jurisdiction of this Court to quash the criminal proceedings pending as Criminal Case No.7197/2011 before the Judicial Magistrate First Class, Gwalior registered under Section 7/15 of Prevention of Food Adulteration Act, 1954 read with Rules known as Prevention of Food Adulteration Rules, 1955. Briefly stated the factual matrix is as follows: the complainant/respondent No.2 is the Food Inspector serving under the respondent No.1 Deputy Director Foods and Drugs Administration, District- Gwalior. He has been authorized by Public Health and Family Welfare Department and also by Director Food and Drugs Administration and Local Health officer to observe the Prevention of Food Adulteration in Gwalior. The complainant / respondent No.2 on 13.06.2011 at about 4:30 pm came to the shop of the petitioner, which is in the Firm Future Retail Ltd., Deendayal City Mall, Phoolbag, which is run by Surendra and Company. ...
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