Madhya Pradesh Court January 1996 Judgments
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Ramesh S/O Sevaram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-09-1996
Reported in: 1996CriLJ2656
N.K. Jain, J.1. Aggrieved by his conviction under Sections 302 and 449 of the I.P.C. and sentences of imprisonment for life and 10 years rigorous imprisonment awarded therefor respectively by the Sessions Judge, Shajapur vide judgment dated 10-5-91 passed in S.T. No. 176/90, the appellant-accused has preferred this appeal under Section 374, Cr.P.C.2. Devisingh (P.W. 4) is the husband of the deceased Shantabai who died of burn injuries on 17-5-90. Rekha (P.W. 5) is their 9 years old daughter. Chandersingh (P.W. 1) is the nephew (sister's son) of Devisingh.3. The case of the prosecution against the appellant-accused in the trial Court was that at the relevant time the accused lived in 'Nai Abadi' Maksi in front of the house of Devisingh, Satishsingh (P.W. 9) occupied portion of the accused's house on rent. Accused, it is said, used to insist Shantabai to come and live with him as his wife. The deceased, however, refused to oblige the accused. On 17-5-1990 around 1.00 p.m. Shantabai was a...
Mamta Bai Vs. Charanjit and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1996
Reported in: 1996ACJ872
S.C. Pandey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the order dated 14.11.1990 passed in Motor Accident Claim Case No. 109 of 1989 by Additional Motor Accidents Claims Tribunal, Katni, whereby the Claims Tribunal refused to grant interim award to the appellant.2. The appellant has filed a petition under Section 166 of the Act along with an application under Section 140 of the same Act claiming that she has suffered permanent disability as a result of motor accident.3. It is claimed by the appellant that she has suffered injuries as a result of the accident caused by respondent No. 2. The respondent No. 1 is the truck owner and respondent No. 3 is the insurance company. In their reply to application under Section 140 of the Act, it is not disputed specifically by the respondents that no permanent disability was caused to the appellant. The appellant had produced the certificate of Dr. D.K. Swarnkar which sh...
National Insurance Co. Vs. Prem NaraIn Sahu
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: AIR1997MP66; 1996(0)MPLJ399
ORDERT.S. Doabia, J.1. Jeep bearing No. C.P.C. --3776 and Tempo bearing No. MKH-654 were involved in an accident on 13th June, 1988. This accident took place at about 11.30 p.m. Claimant respondent No. 1 Prem Narain was travelling in the tempo. It is said that Jeep was being driven rashly and negligently. It is stated that it was this Jeep which dashed into the Tempo in question. This Jeep was insured with National Insurance Co. Injuries were caused on the person of respondent Prem Narain. He claimed compensation amounting to Rs. 6,44 lacs. The Motor-Accident Claims Tribunal came to the conclusion that accident took place on account of rash and negligent driving of the jeep in question. It quantified the amount of compensation at Rs. 27,500/-. The findings which have been recorded by the Motor-Accident Claims tribunal are as under:--(i) claimant was admitted in J. A. Hospital; (ii) he was so admitted in the hospital for28 days; (iii) an artificial rod has been planted in theright feet;...
Factory Manager, Central India Machinery Vs. Prakash Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: (1998)IIILLJ1264MP; 1996(0)MPLJ822
T.S. Doabia, J.1. The beginning of the new year of 1968, did not prove to be a happy occasion for Prakash Singh who figures as a petitioner in Writ Petition No. 496 of 1994 and respondent in Writ Petition No. 210 of 1994. The controversy in which he embroiled himself has not seen its terminal point even though more than 25 years have elapsed. He got partial relief from the Labour Court. Both he and his employer were unsatisfied. An appeal was preferred. Some relief was given to the petitioner The employer's appeal met with no success. Still, dissatisfied both sides have preferred these petitions under Article 226 of the Constitution of India. As both writ petitions arise out of a common order, it is thought apt to deal with them in this single and 1 common order.2. Annexure P/1, is the appellate order and Annexure P/2, is the order out of which appeal arose. Before going into the legal submissions made by the parties the facts in brief to be noticed. 3. The petitioner Prakash Singh her...
Satbir Sharma Vs. Jawaharlal Nehru Krishi Vishwavidyalaya and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: (1997)ILLJ463MP; 1996(0)MPLJ881
ORDERT.S. Doabia, J.1. This order be read in continuation of the order passed by this Court on September 13, 1995.2. After the aforementioned decision was given a Letters Patent Appeal was preferred by the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur. This appeal was allowed as the Division Bench was of the view that instead of relegating the petitioner to the onerous litigation in a civil Court, the matter should be decided in the writ jurisdiction itself. The case was remanded with following observations :'After careful consideration of the contentions advanced on behalf of the JNKV, we are of the opinion that in exercise of our powers in Letters Patent Appeal, it is open to us to uphold the decision of the learned Single Judge on the question of jurisdiction decided by him and yet, to remand the matter to the learned Single Judge for his decision on merits. We find no prohibition anywhere in any law for the course that we are adopting. We respectfully rely on the decision of th...
Shyambabu Verma Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: 1997(1)MPLJ504
ORDERT.S. Doabia, J.1. The term 'Liberty' as used in the Constitutional provisions connotes something more than mere freedom from physical restraints or the chains of a prison. Charles Warren and Louis D. Brandeis, while dealing with the concept of right to privacy thought that law should provide both a criminal and private law remedy to protect man's 'inviolate personality' against the intrusive behaviour of State. Once a civilization has made a distinction between the 'outer' and the 'inner' man, between the life of the soul and the life of the body, between the spiritual and the material, between the sacred and the profane, between the realm of God and the realm of Caesar, between Church and State, between rights inherent and inalienable and rights that are in the power of government to give and take away between public and private, between society and solitude, it becomes impossible to avoid the idea of privacy by whatever name it may be called - the idea of a 'private space in whi...
Wailaiti Ram Vs. Narbada Prasad
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: 1996(0)MPLJ314
ORDERT.S. Doabia, J.1.The respondent landlord after having retired from the government service accepted an appointment in a Government aided school. .During this period he built a house and let it out to the present petitioner. He sought eviction under Chapter III-A of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act). He was successful in this litigation. The tenant has preferred a petition under Section 23-E of the Act. The main ground urged by him is that respondent landlord is not a landlord for the purposes of Chapter III-A of the Act. It is specifically pleaded that definition of landlord as occurring in Section 23-J does not embrace the case of respondent. Before noticing the facts this statutory provision be noticed. This reads as under :-'23-J. Definition of landlord for the purposes of Chapter III-A. -(i) a retired servant of any Government including a retired member of Defence Services; or(ii) a retired servant of a company owned or cont...
Balbir Sound Vs. Indian Bank and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: 1996(0)MPLJ853
ORDERT.S. Doabia, J.1. The petitioner seeks a direction that the respondent Bank be directed to make payment which is payable toward the fixed deposit receipts taken by her along with her husband. The photostat copies of these have been placed on record as Annexures P/l to P/10. The particulars of these are as under :Sr. No. Dates FDR Number Amount - Rs.1 2 3 4(A) 30-11-1985 044103/278/15 10,237.50(B) 30-11-1985 044104/279/15 14,206.50(C) 4-6-1986 005150/16/123 25,000.00(D) 4-6-1986 005151/16/124 25,000.00(E) 4-6-1986 005152/16/125 25,000.00(F) 4-6-1986 005153/16/126 25,000.00(G) 4-6-1986 005154/16/127 25 005154/16/127 25 ,000.00(H) 4-6-1986 005155/16/128 25,000.00(I) 4-6-1986 005156/16/129 25,000.00(J) 25-11-1986 044099/273/15 61,419.002. It be seen that these FDRs, are in the name of Sri Bhagat Singh Sound and the present petitioner.3. The payment of this amount is not being made on the ground that the Bank has filed Civil Suit for the recovery of a sum of Rs. 11,46,467/-. This suit ...
Shyambabu Verma Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: 1996CriLJ2696
T.S. Doabia, J.1. The term 'Liberty' as used in the Constitutional provisions connotes something more than mere freedom from physical restraints or the chains of a prison. Charles Warren & Louis D. Brandeis, while dealing with the concept of right to privacy though that law should provide both a criminal and private law remedy to protect man's 'inviolate personality' against the intrusive behaviour of State. Once a civilization has made a distinction between the 'outer' and the 'inner' man, between the life of the soul and the life of the body, between the spiritual and the material, between the sacred and the profane, between the realm of God and the realm of Caesar, between Church and State, between rights inherent and inalienable and rights that are in the power of government to give and take away between public and private, between society and solitude, it becomes impossible to avoid the idea of privacy by whatever name it may be called the idea of a private space in which man may ...
Kedar Singh Gokul Singh Lodhi Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1996
Reported in: 1996(0)MPLJ372
ORDERT.S. Doabia, J.1.The brief facts for the purposes of this petition preferred under Article 227 of the Constitution of India be noticed.2. The petitioner is a duly elected Sarpanch of Gram Panchayat, Nand, tehsil Pichhore, district Shivpuri. He has been placed under suspension. Copy of order of suspension is placed on record as Annexure A/3. The order of suspension was passed in exercise of the powers conferred on the concerned authority under Section 39(2) of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam). Sub-section (2) is relevant for the purposes of this petition. This be noticed. This reads as under:'39(2) The order of suspension under sub-section (1) shall be reported to the State Government within a period of 10 days and shall be subject to such order as the State Government may deem fit to pass. If the order of suspension is not confirmed by the State Government within 90 days from the date of receipt of such report it shall be ...
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