Madhya Pradesh Court September 1999 Judgments
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Ramesh Chand Gupta Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-24-1999
Reported in: 2000(1)MPHT376
ORDERDipak Misra, J.1. How does one react to a situation which permits years to slip by for carrying out of a ministerial act of issuing warrant of arrest, in spite of series of judicial orders, to be executed by the Officers-in-charge of a Police Station and further allows memory to wither so that each one at the centre-stage forgets that an accused has to be brought before the Court within a reasonable time to face his trial and treats passing of a year as if it is a day And how, pray, does one appreciate the attitude of gross negligence which ostracises the vision of vigil and perpetuate the sin of procrastination for a long eighteen years To put it plainly, it cannot be tolerated.2. This application seeking privilege of anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') would ordinarily have been disposed of without examination and contemplation; probe and deliberation; and study and scrutiny as the learned counsel for the ...
Chunnilal Vs. Vinod Kumar
Court: Madhya Pradesh
Decided on: Sep-23-1999
Reported in: 2000(1)MPHT529
ORDERS.P. Khare, J.1. This is a revision by the defendant against order dated 2-9-1998 in M.J.C. No. 5 of 1998 by which his application under Order 37 Rule 4 C.P.C. for setting aside the decree dated 16-7-1996 in Civil Suit No. 373-B of 1995 has been rejected.2. Plaintiff Vinod Kumar instituted a summary suit against defendant Chunnilal. The summons as required by Order 37 Rule 2 (2) C.P.C. was issued. That was served on the defendant on 11-2-1996. The defendant entered an appearance on 19-2-1996 with his counsel. On that date the Presiding Judge was on leave. The case was fixed on 27-2-1996 but it was not taken up on that date. On 4-4-1996 both parties were present. The trial Court at no stage followed the procedure prescribed by Order 37 Rule 3 (4) C.P.C. in as much as the summons for judgment was not served on the defendant in Form No. 4-A in Appendix B. Therefore, there was no occasion for the defendant to apply for leave to defend as required by Sub-rule (5) of Rule 3. The decree ...
United India Insurance Co. Ltd. Vs. Raj Kumar Mishra and ors.
Court: Madhya Pradesh
Decided on: Sep-23-1999
Reported in: 2001ACJ100
V.K. Agarwal, J.1. This appeal is directed against the award dated 24.1.1995 in Claim Case No. 64 of 1991 (old No. 15 of 1986) by III Additional Motor Accidents Claims Tribunal, Sagar, whereby an award has been passed in favour of the claimant injured, respondent No. 1 herein, against the owner, respondent No. 2, the driver, respondent No. 3 and the appellant, the insurer of the vehicle.2. It is no longer in dispute that the respondent No. 2 Babulal Asathi is the owner of tractor No. CPV 7476, which was being driven on the date of accident, i.e., on 28.12.1985 by respondent No. 3, Pawan Kumar, as his employee. The claimant, respondent No. 1 herein, was travelling along with his family members and other persons in a jeep bearing registration No. MSQ 5918, which was driven by Kallu Khan alias Abdul Karim. When the jeep reached near village Saurai, the said tractor CPV 7476 dashed against the said jeep. It is alleged that the tractor was being driven rashly and negligently by driver Pawan...
Vijay Kumar Dighe and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-22-1999
Reported in: 2000(2)MPHT163; 2000(1)MPLJ52
ORDERMaithli Sharan, J.1. The applicants have moved this Court under Section 482 of the Code of Criminal Procedure, invoking its inherent powers, and praying for quashing the proceedings in Criminal Case No. 204 of 1999 under Section 306 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Guna.2. Briefly stated the factual matrix of the case runs thus : A charge-sheet against the applicants was filed for the offence under Section 306 of the Indian Penal Code in the Court of the Chief Judicial Magistrate, Guna. The case of the prosecution was that the applicant No. 1, Vijay Kumar Dighe, was the 'Mukhya Prabandhak' of State Bank of Indore, Branch Guna, and the applicant No. 2, R.D. Joshi, was the 'Prabandhak' of the said Bank. One Raghvendra Sharan Gupta, an employee of the said Bank, died on 7-7-98 in Civil Hospital, Guna. The doctor of the Civil Hospital, Guna, informed the police that said R.S. Gupta had died due to asphyxia as a result of hanging. The stateme...
Balram Lalwani Vs. Jahid Khan and ors.
Court: Madhya Pradesh
Decided on: Sep-22-1999
Reported in: 2001ACJ524
Usha Shukla, J.1. Claimant Balram Lalwani sustained grievous injuries in an automobile accident on 3.2.1990. His left arm and hand were crushed under truck No. MPQ 3651 owned by respondent No. 2, driven by respondent No. 1 and insured with respondent No. 3. He was shifted to Nagpur for treatment where he remained hospitalised for about one-and-a-half months. His left little finger had to be amputated and skin-grafting had to be done.2. On a petition being filed by Balram Lalwani under Section 166 of the Motor Vehicles Act claiming a total compensation of Rs. 4,27,300 under the heads of hospitalisation, nursing and treatment, special diet, transportation, expenses on servants, loss of earnings and loss of earning capacity and pain and suffering, etc. The Claims Tribunal made an award of Rs. 67,461 only, consisting of Rs. 27,461 towards expenses of treatment and hospitalisation, and Rs. 40,000 for permanent disability.3. In this appeal it has been urged on behalf of the claimant that the...
Smt. Sushila and anr. Vs. Rajveersingh and ors.
Court: Madhya Pradesh
Decided on: Sep-21-1999
Reported in: 2000ACJ719; AIR2000MP121; 2000(1)MPHT331
S.P. Srivastava, J. 1. Feeling aggrieved by the award whereunder as against the claim of Rs. 10,60,000/-, the Motor Accidents Claims Tribunal, Gwalior had determined the quantum of compensation of only an amount of Rs. 1,44,600/-, the claimants have now come up in appeal seeking redress praying for the reversal of the impugned award and enhancement of the amount of compensation. 2. The Insurer impleaded as respondent No. 3 in the appeal has filed a cross-objection under Order XLI, Rule 22, C.P.C., seeking the modification of the award and the reduction in the quantum of compensation. 3. During the pendency of the appeal, an application, I.A. No. 7105/97. was filed by the appellant praying that the service of the notice of the appeal so far as the respondent No. 1, the driver of the offending vehicle was concerned, be dispensed with as the case against him before the Motor Accidents Claims Tribunal had proceeded ex parte and the notice of the appeal sent to him could not be served. It w...
Central Bank of India Vs. P.O., Central Government Industrial Tribunal ...
Court: Madhya Pradesh
Decided on: Sep-21-1999
Reported in: (2001)IIILLJ1097MP
C.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 certiorari for quashing of the award dated March 29, 1988 passed by the Central Government Industrial Tribunal, whereby it has directed the petitioner to reinstate respondent No. 2 as permanent sub-staff.2. Short facts giving rise to the present writ petition are that a reference was made to the Tribunal by the Central Government dated July 1, 1987 for adjudication as to whether the action of the management of Central Bank of India, i.e., the petitioner in terminating the services of respondent No. 2 is justified and if not, to what relief he shall be entitled? According to respondent No. 2 he was engaged by the petitioner Bank as part time Farrash/ Safai Karmachari from April 15, 1984 to October 1985 for cleaning and sweeping office premises. According to respondent No. 2 he was paid consolidated wages @ Rs. 60/- per month upto December ...
Devkaran Mevara Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Sep-21-1999
Reported in: 2000(2)MPHT236
ORDERMaithli Sharan, J.1. The facts of the case are thus : A Criminal Case No. 133/99 under Sections 304A, 279, 337 and 338 of the Indian Penal Code, against the accused Santosh Prajapati and others, was pending in the trial Court viz., Judicial Magistrate, First Class, Kolaras, District-Shivpuri. The petitioner who claims to be the owner of the Truck No. MP-04-A/7279 filed an application in the trial Court under Section 451 of the Code of Criminal Procedure for claiming custody of the above mentioned vehicle. The learned trial Court allowed the application filed by him and ordered for the release of the said vehicle conditionally on producing bond and solvent security of Rs. 3,00,000/- alongwith Bank Guarantee of Rs. 3,00,000/-. The petitioner did not produce the solvent security and the Bank Guarantee.2. However, afterwards the accused persons, Santosh Prajapati and others, entered into a compromise with the injured/complainant and filed an application before the learned trial Court ...
Umesh Kumar Chaubey Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-21-1999
Reported in: 2000CriLJ1760; 2000(1)MPLJ541
ORDERR.P. Gupta, J.1. In this petition under Section 482, Cr.P.C. the petitioner approaches this Court against filing of a report under Section 173, Cr.P.C. against him by Special Police Establishment attached to Lokayukt Office, on behalf of the State of M.P. for alleged offence of being in possession, during the period of his office as Executive Engineer, Madhya Pradesh Electricity Board (1973 to 1996) to pecuniary resources and property disproportionate to his known sources of income which he cannot satisfactorily account for, punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.2. The only objection raised in this petition is that the investigation itself was unauthorized and without jurisdiction by the officers who conducted investigation, search and seizure. The officers in this case, undisputedly involved in search and investigation, were firstly; Shri S.K.S. Bisen, D.S.P. of Special Police Establishment and secondly Inspsector H.D....
Babulal Agrawal Vs. Smt. Jyoti Shrivastava and ors.
Court: Madhya Pradesh
Decided on: Sep-20-1999
Reported in: AIR2000MP83; 2000(1)MPLJ102
D.M. Dharmadhikari, J. 1. This appeal as also First Appeal No. 330 of 1996 (Ajay Rajan and others v. Smt. Jyoti Shri vastava and others) are being decided by a common Judgment as they arise out of two civil suits between the same parties, Jointly tried and decided by a common judgment. 2. Civil Suit No. 5-A/89 giving rise to F-A.No. 229/96 was filed by Babulal Agrawal (hereinafter referred to as 'the vendee' for short) for specific performance of agreement of sale dated 12th May, 1982 (Ex. D/5) in relation to the suit property which is a house site of the area 15,400 sq. ft. with eight quarters or houses standing thereon which are admittedly in possession of tenants in the city of Bhopal. 3. Civil Suit No. 14-A/89 giving rise to F.A. No. 330/96 was filed by respondent-Ajay Rajan and his four other brothers - all sons of Gourtsh Chandra Saxena seeking a declaration in their favour of they being owners of the suit property and for obtaining an injunction against the vendors and vendees w...
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