Court : Madhya Pradesh
Reported in : 2006ACJ669
..... taken place on 12.7.1994, i.e., before coming into force of the 1994 amendment in the motor vehicles act. it is, therefore, held that the insurance company is not liable to indemnify the insured. in view of the-aforesaid judgment, appeal of the insurance company deserves to ..... in the present case, even if it is assumed that the trailer would answer the description of 'goods carriage' as contained in section 2(14) of the motor vehicles act, the case would be covered by the decision of the apex court in the case of asha rani, : air2003sc607 and other decisions following the same as the incident has ..... by a motor vehicle', a tractor fitted with a trailer may or may not answer the definition of 'goods carriage' contained in section 2(14) of the motor vehicles act. the tractor was meant to be used for agricultural purposes. the trailer attached to the tractor, thus, necessarily is required to be used for the agricultural purposes, unless .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ1565
..... the tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of the motor vehicles act. it is essentially for this reason, the claimant has filed this appeal claiming enhancement in the compensation. so the short question that arises for consideration in this appeal is, whether ..... a.m. sapre and s.k. seth, jj.1. claimant is in appeal under section 173 of the motor vehicles act, 1988, against an award dated 1.10.2007 passed by learned third additional member, motor accidents claims tribunal, indore in claim case no. 36 of 2007. by the impugned award, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2004)DMC356
S.L. Kochar, J.1. This appeal has been directed against the judgment dated 13th June, 1997, passed by learned Sessions Judge, West Nimar, Mandleshwar in Sessions Trial No. 178/1996, whereby convicted the appellant for commission of murder of his wife, sentenced to R.I. for life.2. In nutshell, the prosecution case was that deceased Ayodhyabai was married before 10-12 years according to their village custom called Natra. In that (evening sic.) the appellant was beating his wife, deceased Ayodhyabai, who was running here and there to save her. But nobody rescued her because of fear of the appellant. Thereafter he had given electric current by live electric wire on several parts of the body resulting into her death and thrown dead body in the morning at 4.00 a.m. of 26.9.1995 outside his house and after putting the lock outside the door of his house, he went away. The incident was witnessed by mother of the deceased Gendabai (P.W. 2) who was residing in adjacent to the house of the appell...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ766
..... appeal is whether the compensation requires to be increased.5. as indicated above, the deceased was aged 52 years. the applicable multiplier as per second schedule to the motor vehicles act, 1988, would be 11. but as the deceased would have been in service only for 8 more years, it will not be proper to apply the multiplier of 11, when .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2008)BC504
..... it is evident that the complainant filed the complaint in court suppressing material facts of pending criminal proceedings under section 138 of the negotiable instruments act and dismissal of writ petition. if the complainant disclosed all the facts and did not suppress material facts the learned magistrate would have been definitely ..... already resorted to civil remedy on the same allegation seeking reference for adjudication by arbitrator. without waiting for the decision of the arbitrator, the very act of lodging the complaint with the sole object to get initiated proceedings for criminal action on same and similar allegations, will definitely bring the case ..... the disputes raised by the complainant is of civil nature, as the complainant himself is seeking arbitration. having elected his remedy by filing petition under arbitration act. raising substantially the same dispute, fir filed belatedly is barred by the doctrine of election. no case of cheating, misappropriation or forgery is made .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(2001)ACC51
ORDERA.M. Sapre, J.1. Claimant has felt aggrieved of an award, dated 24.12.1996, passed by Additional M.A.C.T., Mandsour, in Claim Case No. 13/90. By impugned award, the claimant's application claiming compensation has been dismissed in toto and hence he is in appeal.2. In an accident that occurred on 7.9.1987, the claimant (appellant herein), while travelling in matador, received injuries due to rash and negligent driving of matador driver. The injuries were in his both hands in the nature of fracture of bone.3. Though the claim petition was filed claiming compensation for the injuries in 1988, the claimant did not file any medical evidence. What he filed was some X-ray films and medical certificate dated 3.4.1995 issued by a doctor. While dismissing the claim petition, the Tribunal was of the view that claimant has failed to prove the injuries and its nature that resulted due to accident.4. Having heard the parties and perused the record, I do not find any illegality in the impugned ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT534; 2001(3)MPLJ515
..... work such activities would not be entitling him to earn good appreciation of his work so far as the official duty is concerned. majority of the government servants are to act or react in context with public at large. therefore, their behaviour in respect of members of public with whom they have to deal with, their behaviour with their superiors, colleagues ..... should be giving a neat picture of the officer or the incumbent who is likely to be promoted or demoted or not considered for promotion and that depends upon the acts which he is supposed to do in the office where he is working. a person may be religious in his habits but that would not be by itself entitling him ..... officer were concerned. the verifying officer had endorsed that respondent no. 3 was working in public relation department and nothing more.2. in view of that blank sheet which was acted on in the process of promotion by the d.p.c., this court felt that it was necessary to call the members of the said d.p.c. as well .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003CriLJ4020; II(2003)DMC30; 2002(5)MPHT534; 2002(4)MPLJ544
..... was discharged. a copy of the order sheet in aforesaid private complaint is marked as annexure a. the non-applicant filed a case under section 9 of the hindu marriage act, at katni, seeking restitution of conjugal rights, but when petitioner's counsel mr. rajendra shukla, reached katni to attend the proceedings, he was assaulted in court campus, which ..... annexure c), the petitioner's divorce suit bearing no. 83/94, which earlier stood transferred from bhopal to katni, non-applicant's application filed under section 9 of hindu marriage act, registered as civil suit no. 14-a/95, which was pending in the court of first addl. district judge, katni, so also civil suits no. 83-a/94 ..... annexure d. it is also noteworthy that while disposing of petitioner's civil revision no. 1723/97, filed against the order of maintenance, passed under section 24 of hindu marriage act, in civil suit no. 2-a/96, on 28-7-1998, this court not only reduced the amount of maintenance from rs. 2500/- to rs. 1500/- per month .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ803
dipak misra, j.1. in this appeal preferred under section 173 of motor vehicles act, 1988 (in short 'the act'), claimant has called in question the legal acceptability of the award dated 12.8.1999 passed by the additional motor accidents claims tribunal, maihar, district satna in claim case no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT533
..... the parties. it is submitted that no order was passed on the preliminary objection raised by the appellant.5. learned counsel placed reliance on section 16 of the act which relates to the jurisdiction and lays down that the objection that arbitral tribunal does not have jurisdiction, has to be raised not later that the submission of the ..... the matter alleged to be beyond the scope of it authority is raised during the arbitral proceedings. learned counsel submits that sub-section (5) of section 16 of the act lays down that arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3) and when the arbitral tribunal takes a decision ..... dutta 2002 (3) lhm 171, where it was held that it is clear from the conjoint reading of the aforesaid three sub-sections of section 16 of the act, 1996 that the arbitrator is under an obligation to decide the plea of jurisdiction and his authority to continued the arbitration depends on his decision rejecting the plea about his .....
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