Madhya Pradesh Court November 1999 Judgments
Jugla Alias Ramdas Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-29-1999
Reported in: 2000(1)MPHT318; 2000(2)MPLJ414
A.K. Mishra, J.1. The appellant-accused has filed the present appeal being aggrieved by the conviction and sentence under Sections 302 and 201 of the Indian Penal Code for murder of his wife namely Munnibai in between 13th June, 1989. It is not in dispute that the accused-appellant had turned ascetic prior to 5 to 6 years of the incident and used to reside at Chitrakoot and Ayodhya etc.. His wife Munnibai used to reside with her parents. Few months back of the date of incident her father had left Munnibai with the father and brother of the accused-appellant and she was residing at village Kevatra. According to the prosecution case, the accused-appellant came to the village about 1 and 1/2 months prior to the incident and started living with his wife at village Kevatra. From 13-6-89 to 16-6-89 for 3-4 days the accused went-out from village Kevatra and came back on 16-6-89. It was noticed that the accused-appellant's wife Munnibai was missing and a human skeleton was found in a nala, kno...
Tag this Judgment!Rajesh Kumar Tripathi and ors. Vs. Board of Secondary Education
Court: Madhya Pradesh
Decided on: Nov-27-1999
Reported in: 2000(1)MPHT486; 2000(2)MPLJ108
ORDERDipak Misra, J.1. Both the writ applications being interlinked and interconnected were heard analogously and are disposed of by this common order. For the sake of clarity the facts of W.P. No. 4473/99 are adumbrated herein.2. Invoking the extra ordinary jurisdiction of this Court the petitioners, who had prosecuted their studies in Saraswati Shishu Mandir, Raigarh and appeared in the Higher Secondary School Certificate Examination conducted by the Board of Secondary Education, M.P., Bhopal (in short 'the Board') in the month of March, 1999, have approached this Court for issuance of a direction to the Board for revaluation of the answer papers in the subject of Higher Mathematics on the ground that the said answer books have not been properly valued and further to appoint an impartial expert for revaluation.3. It is averred in the writ petition that the petitioners have excelled in other subjects but due to erroneous valuation in the subject of Higher Mathematics they have been aw...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Devram and 6 ors.
Court: Madhya Pradesh
Decided on: Nov-27-1999
Reported in: I(2000)ACC282
ORDERA.K. Gohil, J.1. The appellant Assurance Company has preferred this appeal against the Award dated 25.9.1996 passed by Addl. Motor Accident Claims Tribunal, Mandsaur in Claim Case No. 20 of 1991 on the ground that since the tractor involved in the accident was not being driven by driver Bharatsingh but was being driven by the deceased himself who was not authorised to drive and was also not having a valid driving licence. Therefore, there is a breach of conditions of the policy and the Assurance Company is not liable for the payment of any amount towards the compensation and the award passed by the learned Tribunal is liable to be set aside.2. Respondent Nos. 1 to 4 are the legal heirs of deceased Nanalal. Deceased Nanalal was resident of village Nagari. Respondent No. 5 is the owner of tractor bearing registration number MPD 1224. The said tractor was under the control of respondent No. 6 and being driven by respondent No. 7 Bharatsingh. The said tractor was insured with the appe...
Tag this Judgment!State of M.P. Vs. R.P. Gupta, Advocate
Court: Madhya Pradesh
Decided on: Nov-26-1999
Reported in: 2000(1)MPHT509
ORDERR.B. Dixit, J.1. A letter of reference was received from the Third Additional Judge to Sessions Judge, Bhind seeking direction as to which of the order of this Court has to be implemented whereunder in Misc. Cr. Case No. 325/99, the bail application of accused Jagat Singh was allowed by the order dated 2-7-1999 of this Court while another application of the same accused in Misc. Cr. Case No. 1750/99 was rejected vide order dated 5-8-1999 of this Court.2. Looking to the conflicting orders of this Court referred herein-above, a notice was issued to Advocate, Shri R.P. Gupta, who had moved the subsequent application in Misc. Cr. Case No. 1750/99 wherein no mention was made about the filing and allowing of earlier application in Misc. Cr. Case No. 325/99.3. The learned Advocate, Shri R.P. Gupta, in his reply dated 15-10-99 had submitted that he filed the said application on the instruction of Har Charan, brother of accused Jagat Singh, who was introduced by his junior, Shri P.L. Kushw...
Tag this Judgment!Jogilal and ors. Vs. Mansharam and anr.
Court: Madhya Pradesh
Decided on: Nov-26-1999
Reported in: 2000(1)MPHT392
A.K. Gohil, J.1. This is a Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed on 01-01-82 by Addl. Judge to the Court of District Judge, Khargone in Civil Regular Appeal No. 34-A/81 filed against the judgment and decree dated 30-03-81 passed by Civil Judge Class II, Bhikangaon in COS No. 85-A/78.2. This appeal was admitted on 05-03-82 for its final hearing on the following substantial question of law :--'Whether the Civil Court had no jurisdiction to try the present suit ?'3. The facts of the case are that the respondents Mansharam and Narayan filed a suit against the present appellant/defendants for permanent injunction stating therein that the plaintiffs are the owners of the lands bearing Khasra No. 158/1 and 158/2 and the appellant/defendants are regularly passing through that land and carrying their bullock-carts and on stopping them to do so, they are creating nuisance and quarrels. Therefore, by a permanent injunction, the...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Shambhu Nath Gupta and ors.
Court: Madhya Pradesh
Decided on: Nov-24-1999
Reported in: 2001ACJ1816
Usha Shukla, J.1. On 15.5.1990, Sham-bhu Nath Gupta, respondent No. 1, was going from Bhopal to Indore by the M.P.S.R.T.C. bus. His wife Neelam Gupta and their two children, respondent Nos. 2 and 3, namely, Pooja Gupta and Pulkit Gupta, were also travelling with him in the same bus. This vehicle collided head-on with mini truck near village Bedakhedi. As a result Neelam Gupta died on the spot while Shambhu Nath Gupta and his children sustained numerous injuries including compound fractures. This gave rise to four different claim cases. Claim Case No. 73 of 1990 was filed by the husband and children of Neelam Gupta claiming com- pensation of Rs. 2,50,000 on account of her death. Shambhu Nath Gupta claimed in Claim Case No. 74 of 1990 Rs. 5,00,000 as compensation for the injuries sustained by him resulting in permanent disability in his limbs. For Pooja Gupta and Pulkit Gupta, Claim Case Nos. 75 and 76 of 1990 were filed, each for a compensation of Rs. 1,00,000 on account of injuries sus...
Tag this Judgment!Commissioner of Commercial Tax Vs. Patidar Trading Corporation
Court: Madhya Pradesh
Decided on: Nov-22-1999
Reported in: [2000]118STC412(MP)
Abhay Manohar Sapre, J.1. The decision in this reference shall govern disposal of other five connected sales tax references bearing M.C.C. Nos. 529 of 1998, 530 of 1998, 532 of 1998, 535 of 1998 and 536 of 1998 as all these references relate to same dealer (respondent herein) and secondly in all these six references, common questions of law is involved which is referred for answer to this Court by the Tribunal at the instance of State. However, in order to appreciate as to how the questions arose for determination which led to making of this reference, it is necessary to state the facts which lie in a very narrow compass.2. The respondent is a dealer as defined Under Section 2(d) of the M.P. General Sales Tax Act, 1958 (hereinafter called 'the Act') as also under the Central Sales Tax Act, 1956. It is engaged in the business of sales of submersible pump sets, their spare parts and accessories. There is a wire known as PVC covered insulated winding wire (hereinafter referred to as 'wire...
Tag this Judgment!Suresh Chand Awasthi Vs. Ajesh Kumar Choubey and Two ors.
Court: Madhya Pradesh
Decided on: Nov-19-1999
Reported in: 2000(1)MPHT464; 2000(2)MPLJ126
ORDERV.K. Agrawal, J.1. This miscellaneous appeal is directed against the award dated 20th July, 1998 in M.V.C. No. 254/1994 by XII Additional Motor Accidents Claim Tribunal, Jabalpur.2. Undisputably, a petition was filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act' for short) by the respondent No. 1-claimant, claiming compensation on account of injuries sustained by him in an accident by truck No. M.B.J. 4887 on 10-12-1991. It is also not in dispute that the appellant is the owner of the said truck, while it was driven by respondent No. 2. It was averred by the claimant that the truck was insured at the relevant time by respondent No. 3, the New India Assurance Co., Jabalpur. The insurance policy (Ex. NA 3-4) undisputably has been issued by the respondent No. 3 for the period from 10-12-1991 to 9-12-1992.3. The learned Tribunal held that the accident as above occurred on 10-12-1991 at about 12.00 A.M. due to which the claimant-respondent No. ...
Tag this Judgment!Suresh Chand Awasthi Vs. Ajesh Kumar Choubey and ors.
Court: Madhya Pradesh
Decided on: Nov-19-1999
Reported in: 2001ACJ177
V.K. Agarwal, J.1. This miscellaneous appeal is directed against the award dated 20.7.1998 in M.V.C. No. 254 of 1994 by XII Additional Motor Accidents Claims Tribunal, Jabalpur.2. Indisputably, a petition was filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) by the respondent No. 1, the claimant, claiming compensation on account of injuries sustained by him in an accident by truck No. MBJ 887 on 10.12.1991. It is also not in dispute that the appellant is the owner of the said truck, while it was driven by respondent No. 2. It was averred by the claimant that the truck was insured at the relevant time by respondent No. 3, New India Assurance Co. Ltd., Jabalpur. The insurance policy, Exh. NA3-4, indisputably has been issued by the respondent No. 3 for the period from 10.12.1991 to 9.12.1992.3. The learned Tribunal held that the accident as above occurred on 10.12.1991 at about 12.00 noon due to which the claimant-respondent No. 1 her...
Tag this Judgment!Manoj Kumar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-19-1999
Reported in: 2000CriLJ1997
R.S. Garg, J.1. Each of the appellant being aggrieved by the judgment dated 31 -8-1999 passed in Special Case No. 64/97 by the learned Special Judge (Atrocities) Shahdol, convicting each of the appellant under Section 323/34 IPC, and sentencing them to undergo sentence till rising of the Court and pay fine of Rs. 1,000/-, in default of payment of fine to undergo further R.I. for six months, have filed this appeal.2. Learned counsel for the appellants has not challenged the findings recorded by the learned trial Court but has confined his argument to the question of award of sentence and refusal to grant the benefit under Section 6 of Probation of Offenders Act, 1958. According to the learned counsel, the appellants are young boys and on the date of incident and even on the date of the judgment they were below 21 years of age, therefore, the trial Court was obliged to extend the benefit of the provisions of the Probation of Offenders Act.3. Shri Dhande, learned counsel for the State sub...
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