Madhya Pradesh Court November 2000 Judgments
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Rajendra Kumar JaIn Vs. Shrikant Nigam
Court: Madhya Pradesh
Decided on: Nov-27-2000
Reported in: 2001CriLJ3070; 2001(1)MPHT522; 2001(2)MPLJ240
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ in the nature of certiorari for quashment of the order dated 30-4-1998 passed by the First Additional Civil Judge, Class-I, Murwara, Distt. Katni in Complaint Case No. 1/98.2. The facts; as have been unfolded, are that the petitioner's mother Shyambai filed a civil suit for eviction of the respondents and certain other persons. Along with the plaint map of the suit house No. 76 and 112, Subhash Ward, Katni was filed and this was shown by red colour in the said map. This civil suit No. 20-A/77 was decreed by the Second Civil Judge, Class-II, MurwaraDistt. Katni on 20-7-1978. Assailing the same the aggrieved respondents filed a Second Appeal No. 557/79 before this Court which was allowed on 2-5-1981. Against the above decision the respondents feeling dissatisfied preferred S.L.P. No. 2233 (N)/81 before the Apex...
Aditya Vallabh Tripathi and Others Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Nov-24-2000
Reported in: 2001(1)MPHT353
ORDERFakhruddin, J. 1. This 'Public Interest Litigation' has been filed by four petitioners-Advocates, namely Sarvashri Aditya Vallabh Tripathi, Triyugi Narain Dixit, Sanjeev Mishra and Pawan Pathak, showing their concern regarding huge pendency ofcriminal cases and delay in trials due to non-service of summons/warrants due to withdrawal of Court-moharrirs. Initially, the aim was regarding the nonavailability of Court-moharrirs and inadequate staff of police-force.2. On21-7-1999 the matter had come up for hearing. After considering the pleadings of the parties and specially the stand taken in the counter-affidavit that even if a Court Moharrir (Constable) is withdrawn, it is ensured that other Court-moharrir (Constable) is posted to facilitate the judicial work, the report of the District & Sessions Judge, Gwalior was called for.3. The District & Sessions Judge, Gwalior had submitted the reports dated 19-8-99 and 16-9-99. It is mentioned in the reports that in some Courts the Court-moh...
Union of India and Others Vs. Rajeev Pathak
Court: Madhya Pradesh
Decided on: Nov-24-2000
Reported in: 2001(1)MPHT484
ORDERS.P. Srivastava, J.1. The proceedings initiated against Rajeev Pathak, a Sub-Inspector in Central Bureau of Narcotics and posted in the office of the Narcotics Commissioner, Gwalior, culminated in the imposition upon him the penalty of dismissal under Rule 11 (ix) of the CCS (CCAJ Rules, 1984 as amended holding that he had acted in a manner unbecoming of a Government servant contravening the provisions of Rules 3 (1) (ii) and (iii) of CCS (Conduct) Rules, 1964 by absenting from duty for the last several years since 1989 videthe order dated 28-7-1993. This order was challenged by Rajeev Pathak before the Central Administrative Tribunal by means of O.A. No. 266 of 1997.2. The Tribunal while condoning the delay in filing the application held that the order of dismissal passed by the Disciplinary Authority proceeding ex parte in the departmental proceedings was void ab initio and could not be given effect to. The Narcotics Commissioner was directed to permit Rajeev Pathak to join the ...
State of M.P. and Another Vs. Shankar Lal Sahu and Another
Court: Madhya Pradesh
Decided on: Nov-24-2000
Reported in: 2001(2)MPHT19
ORDERA.K. Mishra, J.1. State is aggrieved by the decision of State Administrative Tribunal passed in O.A. No. 622/98 on 13-1-2000.2. The respondent No. 1 was involved in a criminal case under Sections 420, 467, 468, 471, IPC read with Section 3/7 of the Essential Commodities Act and Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act. The proceedings were quashed in Criminal Revision by this Court and the respondent No. 1 was exonerated. The respondent No. 1 was under the suspension. He was reinstated vide order dated 26-6-89. In the meantime during the period of suspension and reinstatement DPC was convened. As the case was pending against the respondent No. 1, the recommendations were kept in the sealed cover and his junior namely Shri K.P. Dwivedi came to be promoted from the post of Food Inspector to the post of Assistant Food Officer w.e.f. 5-4-84. State of M.P. did not open the sealed cover for about 4 years and after it was opened the respondent No. 1 was promoted as A...
Raju @ Rohitashva Dubey and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2000
Reported in: 2001(5)MPHT410
ORDERArun Mishra, J.1. The petitioners have challenged the constitutional validity of Section 323 of the Cr.P.C. being violative of Articles 14 and 21 of the Constitution of India According to the petitioners the provision enables a Magistrate to commit any case to the Court of Sessions tried before it at any time before signing the judgment. By such an action, the petitioners submit that the accused whose trial is complete before the Magistrate would have to face trial denovo before the Court of Sessions, same interferes with an accused's right to speedy trial enshrined under Article 21 of the Constitution of India. The power is uncanalised and in contravention of the right to speedy trial and therefore, the provision is liable to be struck down as unconstitutional.2. The factual matrix giving rise to the present petition discloses that the petitioners are accused for offences under Sections 323, 324, 294, 427 and 506 read with Section 34 I.P.C. for an incident which took place on 26-...
Subhadra Devi Shivhare and ors. Vs. Mukhtiar Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2000
Reported in: 2001ACJ1229
S.P. Srivastava, J. 1. Feeling aggrieved by the award of the Motor Accidents Claims Tribunal determining an amount of Rs. 2,55,000 only as compensation to the claimants-appellants on account of the death of Prem Narayan Shivhare, the husband of appellant No. 1 and the father of appellant Nos. 2 to 5, as against the owner/ driver of the offending motor vehicle exonerating the other respondents including the insurer, the respondent No. 4, they have now come up in appeal, praying for the enhancement of the amount of compensation to Rs. 4,10,000 together with interest calculated at the rate of 12 per cent per annum on the said amount from the date of filing of the claim petition till realisation of the amount.2. We have heard the learned counsel for the appellants and have carefully perused the record.The facts and circumstances as brought on record indicate that the claim giving rise to this appeal had been filed on 20.3.1989. Prem Narayan, deceased, had met with the accident at about 11 ...
Haroon Rashid Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-23-2000
Reported in: 2001(5)MPHT187; 2001(2)MPLJ130
ORDERDipak Misra, J. 1. In the year 1984 the State Government of M.P. appointed M.P. State Co-operative Marketing Federation Limited, a Government Co-operative Society as its agent for disposal of the Tendu leaves alloted to the Federation. In the said order the Government took a decision regarding disposal of Tendu leaves of the units by allotting 1053 units to the Federation, the agent and 773 units by the State Government. Both the State Government and the Federation issued separate tender notices. A decision was taken to dispose of the units in either case inviting tenders on lump-sum price basis without specifying the quantity of Tendu leaves expected to be collected from a particular unit. In the tender notice issued by the Federation in the year 1984, the upset price was disclosed against each unit. In the tender notice issued by the State Government no upset price was specified. The petitioner got registered as exporter of Tendu leaves under Section 11 of the M.P. Tendu Patta (...
Ku. Rachana Dubey Vs. Pitambar Das Bhojumal and Others
Court: Madhya Pradesh
Decided on: Nov-23-2000
Reported in: 2001(1)MPHT294; 2001(3)MPLJ108
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Raisen in Claim Case No. 30/93, dated March 7, 1998.2. Appellant Ku. Rachana Dubey was going with her father to village Amrawad from Bhopal by Bus No. M.P. 04-C-6392 on 22-5-1993. When the bus reached near Village Damdangri, it met with an accident due to rash and negligent driving by Surendra Kumar Rajpal. She was injured in the accident and received serious injuries on left cheek of her face with sharp broken glasses of the window of the bus. She got treatment from Dr. Shrikant Sharma (P. W. 2) of District Hospital, Raisen. Later she filed claim petition against the respondents claiming compensation of Rs. 1,40,000/-.3. Respondents have stated that there was no rash and negligence in the driving of the bus. Insurance Company has stated that the driver did not possess valid driving licence for driving the vehicle. The Claims Tribunal has come to the conclusion that the accident...
Regional Provident Fund Commissioner Vs. President (Presiding) Officer ...
Court: Madhya Pradesh
Decided on: Nov-21-2000
Reported in: AIR2001MP155; 2001(3)MPHT4
ORDERDipak Misra, J. 1. By order dated 9-4-99 the Presiding Officer, Employees Provident Fund Appellate Tribunal partly allowed the appeal filed by the respondent No. 2 and remanded the case to the authority under Section 7A of Employees Provident Fund and Miscellaneous Provisions Act, 1952, the Regional Provident Fund Commissioner-petitioner herein, for redetermination of the provident fund amount to be levied on respondent No. 2, establishment. The said order has been brought on record as Annexure P-8. It is noticeable that the Tribunal felt that no adequate opportunity was afforded to the respondent No. 2 in course of hearing. That apart, other reasons were ascribed by the Tribunal. Feeling dissatisfied the petitioner preferred a review petition. In review petition no notices were issued and the same was rejected vide order dated 16-8-99.2. In course of hearing, Mr. Satish Sharma, learned counsel for the petitioner, fairly conceded that he has no grievance to give opportunity of hea...
Smt. Kusumkali and ors. Vs. Shankh Mani and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2000
Reported in: 2001(5)MPHT264
ORDERBhawani Singh, C.J.1. This appeal is directed against award dated 1-2-1996 of Motor Accident Claims Tribunal, Sidhi in Claim Case No. 14 of 1990.2. Shankh Mani is the owner of vehicle C.A.A. 4044. It met with accident on 13-8-1989. All the passengers including the driver died in the accident. Claimants are wife and children of deceased Kamleshwar Prasad Tiwari. They have filed the claim stating that on the said day, Kamleshwar Prasad Tiwari was travelling from Bahri to Mhowganj with Preetu (4). Deceased Kamleshwar Prasad Tiwari was 28 year old at the time of accident working as Electrician Helper getting Rs. 2500.00 per month from Dudhichua Colliery, N.C.L., Singrauli, District Sidhi (M.P.). The family has history of longevity of about 80 year. The deceased used to spend Rs. 500.00 on himself leaving the rest to the family when the Tribunal has wrongly held that the monthly dependency was Rs. 1250.00 and applied multiplier of 10 when evidence on the record justify award of higher ...
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