Madhya Pradesh Court August 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
M.P. Electricity Board Vs. Anil Narendra
Court: Madhya Pradesh
Decided on: Aug-10-1999
Reported in: [2000]102CompCas178(MP)
Dipak Misra, J. 1. In this appeal, preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the appellants have called in question the sustainability of the award passed by the Motor Accidents Claims Tribunal, Betul, in Claim Case No. 18 of 1992.2. The facts, as have been unfurled, are that the respondent, a minor being represented by his guardian, filed an application under Section 166 of the Act putting forth a claim of Rs. 1,19,000 against the present appellant, namely, Madhya Pradesh Electricity Board (hereinafter referred to as 'the Board') and its employees. It was pleaded before the Tribunal that on December 22, 1989, at about 2.30 p.m. the claimant accompanied by a girl named Sangeeta was proceeding on the side of the road from PK-1 to PK-2. At that juncture the vehicle, which was engaged by the Board for loading coal, dashed against a wall being negligently driven by the driver as a result of which the said wall fell on the claimant w...
Babulal Tantuway Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-10-1999
Reported in: 2000(1)MPHT437
ORDERR.P. Gupta, J.1. The petitioner in this petition challenges the order dated 21-6-99 of C.J.M., Jabalpur whereby the C.J.M. rejected the objection of the petitioner that the trial against him should be dropped as no sanction of the prescribed authority had been given against him under Section 197 Cr.P.C. for his trial.2. The petitioner was Asstt. Engineer/S.D.O. in the Irrigation Deptt.. There were sub-engineers and other accused working under his control. The allegations of the prosecution are that he and others committed offences punishable under Sections 120B, 409, 420, 467, 468 and 471 I.P.C.. The charges are that during the period March, 94 and April, 94 they falsely included the names of some labourers in the muster roll as having worked and showed payments to them. In fact such workers did not work and therefore, the muster roll had been connected and the money of the State which was shown paid was misappropriated and the State fund was cheated and this false muster roll was...
Ram Babu Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-10-1999
Reported in: 2000(2)MPHT328; 2000(1)MPLJ14
S.S. Jha, J.1. This appeal is admitted on following substantial questions of law :-'(1) Whether the right, title and possession of the plaintiff-appellants were protected over the disputed property under Section 5 of the Madhya Bharat Zamindari Abolition Act?(2) Whether the provisions of Section 4 (2) of the Madhya Bharat Zamindari Abolition Act are applicable to the claim put by the plaintiff in the suit?(3) Whether the two Courts below had correctly applied the provisions of Section 4 (2) of the Madhya Bharat Zamindari Abolition Act in dismissing the plaintiffs suit ?(4) Whether the refusal to grant perpetual injunction was against the established facts and provisions of law ?'2. I proceed to deal with first question of law. First question of law relates whether the rights of appellants were protected over the suit lands under Section 5 of Madhya Bharat Zamindari Abolition Act (hereinafter referred to as the 'Act'). Section 5 of the Act is reproduced below :--'5. Private wells, trees...
V.P. Shrivastava Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-10-1999
Reported in: 2000CriLJ2681
ORDERDipak Misra, J.1. Almost two centuries and a decade back thus spoke Edmund Burke :Men are qualified for civil liberty, in exact proportion to their disposition to put moral chains upon their own appetites; in proportion as their love to justice is above their rapacity; in proportion as their soundness and sobriety of understanding is above their vanity and presumption; in proportion as they are more disposed to listen to the counsel of the wise and good, in preference to the flattery of knaves. Society cannot exist unless a controlling power upon will and appetite be placed somewhere and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things that men of intemperate minds cannot be free. Their passions forge their fetters.Similar note was expressed by E. Barrett Prettyman, a retired Chief Judge of U.S. Court of Appeals :In an ordered society of mankind there is no such thing as unrestricted liberty, either of nations or ...
Barji and Etc. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-10-1999
Reported in: 1999CriLJ4197; 2000(1)MPLJ390
N.K. Jain, J.1. Pursuant to the order of Reference, passed on 5-11-95 by learned single Judge (Hon'ble Shri R.D. Vyas, J), these revisions, by the order of Hon'ble Chief Justice, have been placed before us for resolving the question as extracted in para 4 below.2. Facts are in narrow compass. The State Government by a notification dated 13th February, 1997, issued under Section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') constituted nine Special Courts in the State at Indore, Ujjain, Gwalior, Rewa, Jabalpur, Bhopal, Raipur, Mandsaur and Sagar for the areas indicated therein. The area indicated for each special Court, included 4 to 5 Sessions Division. The area assigned to the Special Court Ujjain consisted of Sessions Division Ujjain, Dewan, Ratlam and Shajapur, Later on by a subsequent notification dated 2nd April, 1998 the State Government in supersession of the earlier notification dated 13-2-97, constituted 45 special Courts in the State. Th...
United India Insurance Co. Ltd. Vs. Ramdas Patil and ors.
Court: Madhya Pradesh
Decided on: Aug-09-1999
Reported in: 2000ACJ275; AIR2000MP63; 2000(2)MPHT278
D.M. Dharmadhikari, J.1. This appeal is by the Insurance Company against the award dated 5-3-1999 of the Claims Tribunal, Durg, awarding a sum of Rs. 4,42.000/-with 12% Interest, as compensation for the death of Sanjay Patil who was found to be 28 years of age on the date of motor accident which took place on 19-5-1996.2. On the question of maintainability of the appeal by the Insurance Company on the 2000 M. P./5 III G-39 grounds of quantum and alleged contributory negligence of the other vehicle which collided with the vehicle in which the deceased was travelling, learned counsel sought permission of this Court to address the Court generally on the question as to under what circumstances the Insurance Company can be allowed to appeal against the award of the Claims Tribunal. Since the question of maintainability of the appeal arose in number of other cases filed by the Insurance Company, such as; M.A. 1143/ 99, 520/99, 1139/99. 363/97, 913/98 and M.A. 1195/95, this Court allowed all ...
M.P. Sate Co-operative Marketing Federation and ors. Vs. Commissioner ...
Court: Madhya Pradesh
Decided on: Aug-09-1999
Reported in: 2000(1)MPHT664; 2000(1)MPLJ229
ORDERC.K. Prasad, J.1. By this writ petition filed under Article 226 of the Constitution of India, petitioner prays for quashing of the order dated 24-8-1998 passed by the President, Board of Revenue, whereby he has allowed the appeal filed by respondent No. 5 and set aside the order of termination of his service dated 18-10-1993 as also the order of his suspension dated 13-8-1988. He has further directed for payment of all back wages to respondent No. 5.2. Shorn of unnecessary details, facts giving rise to the present writ petition are that respondent No. 5 joined the service of M.P. Co-operative Marketing Federation Ltd. as Assistant Engineer on 1-5-1969. Thereafter he was promoted as Executive Engineer by order dated 25-6-1979. While he was working as Executive Engineer, by order dated 31-12-1984 he was directed to perform the work of Chief Engineer till alternative arrangement is made. While he was functioning as such by order dated 4-12-1987 he was put under suspension. He challen...
Ramlakhan Rai Vs. Chairman, Coal India Ltd. and ors.
Court: Madhya Pradesh
Decided on: Aug-09-1999
Reported in: 2000(2)MPHT469; 2000(1)MPLJ215
ORDERC.K. Prasad, J.1. By this Writ Petition, filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction, commanding the respondents to promote him to M-3 Grade in Mining Department w.e.f. 3-3-1998 with all consequential benefits.2. According to the petitioner, Departmental Promotion Committee met in December, 1996, for empanelment of officers for promotion to M-3 Grade. Petitioner, who was working in M-2 Grade, his case for promotion to M-3 Grade was considered and he was empanelled for such a promotion in March, 1997. It is the stand of the petitioner that in the panel, his name was placed above G.L. Verma and below Abhiram Sharma. It is the case of the petitioner that persons who were below him in the panel have already been promoted to M-3 Grade by order dated 3rd March, 1998 (Annexure P-5). When petitioner was not promoted to M-3 Grade, he filed representation and in answ...
Mukesh Kumar Patel Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-05-1999
Reported in: AIR2000MP50
ORDERS.P. Khare, J. 1. This is a petition under Article 226 of the Constitution of India challenging the seizure of the vehicle of the petitioner as per seizure memo dated 25-2-1999. 2. The petitioner is owner of passenger Bus No. M.P. 12-2931. On 25-2-1999 it was seized by respondent No. 3, the Transport Sub-Inspector and it was kept at Harda Police Station. The petitioner was not having any permit to ply this bus on Harda-Khandwa route. The demand notice dated 18-3-1999 (Annexure P-1) was served upon the petitioner to pay Rs. 56000/- as tax and Rs. 3300/- as compounding fee. This notice was issued by respondent No. 2 Taxation Authority. The petitioner submitted his reply (Annexure P-2) on 24-3-1999. 3. The petitioner's case is that the above mentioned bus is a spare vehicle. It was lying idle near civil hospital, Harda on 25-2-1999. There was no passenger in the bus. No seizure memo was prepared as required by the rules. The petitioner was not given any notice for assessment of tax. ...
Hukum Singh and anr. Vs. State of M.P. Through Collector
Court: Madhya Pradesh
Decided on: Aug-05-1999
Reported in: 2000(1)MPHT138
S.S. Jha, J.1. This appeal is admitted on the following substantial questions of law :--(i) 'Whether the suit filed by the plaintiffs/appellants was barred under the provisions of Section 57 (2) of the M.P. Land Revenue Code, 1959 ?' (ii) 'Whether it was mandatory upon the plaintiffs to deposit the amount for acquiring pucca tenancy rights under Section 38 (2) of the Madhya Bharat Zamindari Abolition Act ?' 2. For appreciating the dispute, Section 57 of M.P. Land Revenue Code (Hereinafter, referred to as 'Code') is reproduced below :--'57. State ownership in all lands :-- (1) All lands belong to the State Government and it is hereby declared that all such lands, including standing and flowing water, mines, quarries, minerals and forests reserved or not, and all rights in the sub-soil of any land are the property of the State Government : Provided that nothing in this Section shall, save as otherwise provided in this Code, be deemed to affect any rights of any person, subsisting at the ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »