Madhya Pradesh Court July 1993 Judgments
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Rashid Suhail Siddiqui and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-30-1993
Reported in: 1994(0)MPLJ731
ORDERM.V. Tamaskar, J.1. This order shall govern the disposal of Misc. Petition Nos. 2540/93, 2766/93, 2767/93, 2883/93, 2441/93 and 2987/93 also.2. The petitioners who are law graduates and some of whom are practising Advocates having been enrolled in the State Bar Council of Madhya Pradesh, applied for appearing in the competitive test held by the M. P Public Service Commission for appointment to the State Junior Judicial Service. Advertisement No. 0292 was issued on 21st August, 1992 and published in all local news papers and the 'Rojgar Aur Nirman' published by the M. P. Public Service Commission. Under the advertisement, there were 108 seats for the general category, 25 for Scheduled Tribes and 10 for Scheduled Castes. Clause 10 of the advertisement is important in order to show as to what would be the nature of examination and procedure for selection. It was stated that a written examination will be held on 31-12-1992 (Sunday). The examination was to be held in the subjects of la...
Mahila Dhanwanti and ors. Vs. Kulwant and ors.
Court: Madhya Pradesh
Decided on: Jul-29-1993
Reported in: 1994ACJ708; AIR1994MP44; 1994(0)MPLJ675
S.K. Dubey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, by the claimants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Shivpuri (for short, the 'Tribunal'), in Claim Case No. 49 of 1987 vide award dated 1-4-1992.2. On receipt of the notice, National Insurance Company has preferred cross-objections under Order XLI, Rule 22, C.P.C, read with Section 151 of the Code of Civil Procedure, whereby the Insurance Company has challenged the finding of rash and negligent driving by the driver of the vehicle--tractor, M.P.H. 9754 and has also contested that as the deceased was the passenger in the tractor-trolley who was going with the marriage party, the Insurance Company is not liable to indemnify the owner/insured. Therefore, the award passed against the Insurance Company holding it jointly liable to pay the compensation awarded by the Tribunal be set aside.3. The facts giving rise to this appeal are that the deceased Sitaram wa...
Prem Lal Shriwas and anr. Vs. Manager, Perfect Pottery and ors.
Court: Madhya Pradesh
Decided on: Jul-27-1993
Reported in: I(1994)ACC281; 1993ACJ1069
P.P. Naolekar, J.1. The order is this appeal shall also govern the disposal of Miscellaneous Appeal No. 313 of 1986 (Oriental Fire & General Insurance Co. Ltd. v. Premlal Shriwas). Misc. Appeal No. 267 of 1986 is filed by the claimants, parents of the deceased, Manoj Kumar and Misc. Appeal No. 313 of 1986 is filed by the insurance company against the award dated 24.4.1986 passed in Claim Case No. 73 of 1983, whereby the Claims Tribunal has awarded Rs. 35,000/- as compensation together with the interest at the rate of 10 per cent from the date of award till realization on account of death of Manoj Kumar, who had died as a result of motor accident on 20.1.1983 when he was struck down by truck No. MPQ 3024 and died on the spot. The truck is owned by Perfect Pottery, respondent No. 1 and at the relevant time was driven by Onkar Prasad as per the claimants. The truck was insured with the Oriental Fire & General Insurance Co. Ltd.2. The Claims Tribunal after recording the evidence has record...
Sukhlal Jatav Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-14-1993
Reported in: 1993(0)MPLJ875
ORDERK.M. Pandey, J.1. This revision has been preferred against the order of the Sessions Judge/Special Judge, designated under Act No. 33 of 1989, called as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as Act No. 33 of 1989).2. The brief facts are that the petitioner lodged a report to the police for taking action against the non-petitioners Nos. 2 to 6. The police refused to accept his report with the result that the petitioner sent the report to the high officials including the Superintendent of Police, Gwalior, but all in vain. Thereafter, the petitioner filed a private complaint in the Court of Sessions Judge/ Special Judge, Gwalior on 16-4-1992. The offences were exclusively triable by the Sessions Judge, designated as Special Judge under the Act No. 33 of 1989. The complaint was for offences punishable under Sections 3(10), (15) and under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,...
Kamlesh Kumar Udenia (Dr.) Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-14-1993
Reported in: 1994(0)MPLJ342
ORDERS.K. Chawla, J.1. The question involved in this writ petition is, whether a petitioner can justly invoke the equality clause enshrined in Article 14 of the Constitution of India to seek Court's direction to the State commanding it to do an illegal act in favour of the petitioner, if only because the State in its. action committed the same kind of illegal acts in favour of some others? Couched in this verbiage, the question admits of a simple anwser in the negative. But the learned counsel for the petitioner tried to make out a plausible case of hostile discrimination against the petitioner.2. First the facts. Dr. Kamlesh Kumar Udenia is an M.B.B.S. and Assistant Surgeon in the employment of the State of Madhya Pradesh since 14-4-1988. After having worked in outlying Government hospitals, he is working in the Department of Medicine in G. R. Medical College and J. A. Group of Hospitals, Gwalior since November, 1989 vide Annexure P-IV On 1-6-1992, the Director of Health Services, Mad...
State of M.P. Vs. Kamal and anr.
Court: Madhya Pradesh
Decided on: Jul-13-1993
Reported in: II(1993)DMC382
P.N.S. Chouhan, J. 1. Champabai was the wife of respondent Kamal. Respondent no. 2 Smt. Chhitiya is the mother of appellant Kamal. Kamal lodged the report in the police station (Ex P. 14) on 3-3-1984 to the effect that he left the house on that day at 9.30 a.m. alongwith his mother and when they returned in the evening at 7.00 p.m. they found the door of the house closed from inside. Thereafter on breaking open the door the dead body of Champabai was found hanging inside the room. The police went to the spot, held inquest and sent the body for post-mortem examination. On receipt of the post-mortem examination report, a case under Section 302/34 IPC was registered vide Ex. P. 15 as the doctor had opined the death of Champabai to be homicidal in nature. The investigation revealed that respondent Kamal was not having happy relations with his wife. He as also his mother used to torture the deceased in various ways. Besides ligature marks on neck three other injuries were found on the body ...
izreal Masih Vs. Sheela
Court: Madhya Pradesh
Decided on: Jul-12-1993
Reported in: I(1994)DMC109
D.M. Dharmadhikari, J.1. Facts necessary for adjudication of the question involved in this application are that the petitioner Izreal Masih and the respondent Smt. Sheela, both professing Christian religion, were married at Raipur on 28-12-1981. The petitioner filed a petition under Section 10 of the Indian Divorce Act, 1869 (hereinafter called the Act) on 11-8-1989 contending that the petitioner learnt through some persons that the respondent is leading an immoral life at Raipur and also at Jagdalpur; she is frequented with different persons at Raipur during her stay and the same life was led by her at Jagdalpur and as the respondent is leading an adulterous life, the petitioner desires to and his matrimonial relations with the respondent.2. The respondent entered appearance and filed her written statement denying the fact that she is leading an immoral life and frequented with different persons during her stay at Raipur and Jagdalpur. Later on, on 9-1-1992, the Court proceeded ex par...
Khateeja Bai Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-12-1993
Reported in: 1993(0)MPLJ674
P.P. Naolekar, J. 1. Plaintiff/appellant filed a suit for declaration that the house attached by the Income-tax dues belongs to the plaintiff /appellant and is not liable to attachment or sale, further for injunction restraining the defendants from attaching and selling the house.2. As per plaintiff's case, by registered sale deed dated 11-10-1971 House No. 22, situated at Central (Azad) Library Road, Itwara, Bhopal, was purchased by the plaintiff from Punamchand s/o Ramchand, for consideration of Rs. 30,000/- and, since then plaintiff is in possession of the house in her own right. There were income-tax dues against the partnership Firm M/s Kabir Ahmad Haji Abdul Karim Ahmad of which the plaintiff's husband, respondent No. 3 Shri Ahmad was the partner. On 17-12-1977 the suit house No. 22, was attached by the Income-tax Department for Income tax dues. The suit House No. 22, is exclusive property of the plaintiff, and therefore, it could not have been attached by the Income-tax Departme...
Madhya Pradesh State Road Trans. Corpn. Vs. Sitabai and ors.
Court: Madhya Pradesh
Decided on: Jul-10-1993
Reported in: 1993ACJ940
A.R. Tiwari, J.1. This Misc. Appeal under Section 110-D of the Motor Vehicles Act is directed against the award dated 28.9.1983 passed by the Member, Motor Accidents Claims Tribunal, Shajapur, in Claim Case No. 13 of 1982.2. The facts in brief are that the bus bearing registration No. MPC 7393 was owned by the appellant and on the date of accident it was driven by its driver Shafi Ahamad, respondent No. 7. On 3.8.1982, deceased Moolchand was going on his cycle from Maxi towards Shajapur. He was knocked down by the aforesaid bus and eventually lost his life. The bus was driven rashly and negligently by the aforesaid driver during the course of employment with the appellant. The appellant resisted the claim and pleaded its impeccability. The learned Tribunal, on evaluation of evidence, awarded the compensation of Rs. 40,500/- together with interest at the rate of 12 per cent per annum from the date of application, i.e., 1.10.1982 till realisation against the appellant and respondent No. ...
Hazrabai and ors. Vs. Purshottam and anr.
Court: Madhya Pradesh
Decided on: Jul-09-1993
Reported in: 2(1993)ACC602
A.R. Tiwari, J.1. This appeal, presented under Section 110-D of the Motor Vehicles Act, is directed against the quantum of Award dated 19.10.1981 passed by the Member, Motor Accident Claims Tribunal, Ujjain, in Claim Case No. 32 of 1979.2. The factual matrix in brief is that respondent No. 1 owned the bus bearing registration number MPH 9191. It was insured with respondent No. 2, The New India Insurance Co. Ltd., Ujjain. At the relevant time it was driven rashly and negligently by Abdulgani. On 15.6.1979, this bus knock down one Alam and caused his death by accident. The Legal Representatives of the deceased Alam presented the claim petition seeking compensation of Rs. 7,00,000/-. The respondents resisted the claim and pleaded their impeccability. The Tribunal on evaluation of the evidence granted compensation of Rs. 2.2,500/- together with interest @ 6% per annum from the date of application dated 23.7.1979 till realisation. Aggrieved by the quantum of the Award, the appellants have p...
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