Madhya Pradesh Court March 2000 Judgments
Smt. Johara Dayal Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Mar-31-2000
Reported in: 2001(1)MPHT154
ORDERS.C. Pandey, J. 1. This petition under Articles 226 and 227 of the Constitution of India is directed against the order dated 13-1-1997 (Annexure P-18) passed by respondent No. 4. Additional Collector, Raipur and the order dated 24-7-1996 (Annexure P-11) passed by respondent No. 2, Sub-Divisional Officer (Revenue) and Prescribed Authority, Saraipali, District Raipur so far as it relates to direction of recovery of the amount mentioned in that order.2. The petitioner Smt. Johara Dayal was elected as the Sarpanch of Gram Panchayat, Basna, Block Basna, Tahsil Saraipali, District Raipur. It appears that the respondent No. 2, Sub- Divisional Officer received complaint against the petitioner regarding the certain illegalities and irregularities performed by her in her capacity as Sarpanch. It appears that respondent Nos. 5 to 9, the Panchas were also complainants against the petitioner. Accordingly, a show-cause notice under Section 40 (1) of the Madhya Pradesh Panchayat Raj Adhiniyam, 1...
Tag this Judgment!Nagar Panchayat and anr. Vs. Ashok Kumar Gupta and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: [2000(86)FLR560]; (2000)IIILLJ944MP
Fakhruddin, J. and N.G. Karambelkar, J.1. Nagar Panchayat, Jaura (District Morena) through its President and the Chief Municipal Officer, Nagar Panchayat, Jaura, have preferred this appeal against an order dated November 3, 1997 passed by a learned single Judge of this Court in W.P. No. 2009/1996.2. The respondents filed Writ Petition No. 2009 of 1996 alleging that they have been working for the last more than six years as daily wages employees on muster roll in Nagar Panchayat, Jaura, and they had continuously worked for more than 240 days in each year; yet by resolution dated September 30, 1996 (Annexure P/1) their services were terminated from October 1, 1996 and their names were struck off from muster roll from that date. Interim writ was prayed and by an interim order dated November 4, 1996 passed in the writ petition it was ordered that the petitioners' engagement on muster roll shall not be discontinued until further orders. The appellants opposed prayer and filed return inter a...
Tag this Judgment!Vijay Kumar and anr. Vs. Sunita and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2000CriLJ4116; II(2000)DMC191; 2000(2)MPLJ562
ORDERMaithli Sharan, J.1. This is a petition under Section 482 of the Code of Criminal Procedure, invoking the inherent jurisdiction of this Court, filed by the petitioners for getting quashed the proceedings of Criminal Case No. 55/96, pending in the Court of Additional Chief Judicial Magistrate, Pichore, District Shivpuri.2. The facts of the case leading to filing of this petition may be summarised thus: The respondent No. 1 Sunita was married to the petitioner No. 1 Vijay Kumar on 9.12.1993 at Pichore, District Shivpuri. The petitioner No. 2 Hari Shankar and respondent No. 2 Ajay Kumar are father-in-law and brother-in-law ('Jeth') of the respondent No. 1 Smt. Sunita. The respondent No. 1 Smt. Sunita filed a private complaint from the offence under Section 406 of the Indian Penal Code against the petitioners and respondent No. 2, alleging therein that at the time of marriage she was given cash, silver and golden ornaments and other articles by her parents and other relations, as narr...
Tag this Judgment!State of M.P. Vs. Shriram and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2000(3)MPHT78
R.S. Garg, J.1. This Judgment shall dispose of Death Reference No. 1/2000 (State of M.P. v. Shriram and Ors.), Criminal Appeal No. 1/2000 (Bharat Singh v. State of M.P.), Criminal Appeal No. 652/99 (Shriram Singh v. State of M.P.), Criminal Appeal No. 5/2000 (Janak Singh and Ors. v. State of M.P.) and Criminal Appeal No. 10/2000 (Sewaram v. State of M.P.).2. Before coming to the facts of the present matter, it is necessary to refer to certain factual backgrounds so that unnecessary repetitions and confusions are avoided.3. One Kanchan Singh held agricultural lands in his Bhumiswami rights. Said Kanchan Singh had two daughters namely, Somabai and Budhabai. Said Somabai is married to accused Badansingh and has three sons, namely, Sewaram, Suresh and Mahesh. All the three sons of said Somabai have been made accused in the present case. Budhabai the other daughter of Kanchan Singh married one Achhelal. From the wedlock, she was blessed with Shankar Singh, Wakeel Singh, Vishambhar Singh and...
Tag this Judgment!Dhanraj and Another Vs. Jeewan Singh and Others
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: I(2002)ACC187; 2001(3)MPHT361
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal Durg, in Claim Case No. 125/88, decided on August 18,1992.2. Manoharlal (25) died in an accident that took place on July 29,1988 when truck No. MBS 1613 hit his scooter BHH 7996 at 4 p.m. In front of S.F. Line on the G.E. Road. At the time of accident, Jeewan Singh was the owner, while Kishan was the driver of the vehicle. The truck was registered with the National Insurance Co., Raipur. The matter was reported to the police and a case under Section 304A of the IPC was registered and challan filed.3. Claimants are father and mother of the deceased. Father was 50 while mother was 48 at the time of accident, The allegation is that Kishan was driving the vehicle rashly and negligently resulting in the accident in which deceased received serious injuries resulting in his death on the spot. The deceased was working with his parents in ready-made garments and was looking after them. D...
Tag this Judgment!Sadhu and anr. Vs. Mahesh Prasad Soni and anr.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: I(2001)ACC103; 2000(2)MPHT175
Bhawani Singh, C.J.1. This appeal is directed against the award dated 12-10-1993 passed by the Motor Accident Claims Tribunal, Chhatarpur in Claim Case No. 24 of 1990.2. In this accident, Pyarelal (30) died on 28-11-1989. He was driver of vehicle bearing registration No. C.I.Q. 7666 owned by respondent Mahesh Prasad Soni. At the time of accident, the deceased was earning Rs. 600.00 per month. The claimants were dependents on him. The vehicle in question was insured with respondent United India Insurance Company Limited, Branch Office, Chhatarpur.3. The defence taken is that the driver himself was negligent for the accident. He violated the terms of policy for carrying more passengers than covered by it. On the pleadings of the parties, the Tribunal framed as many as five issues. The Tribunal found that the accident took place due to the negligence of driver; therefore, the claimants were not entitled to compensation. Issue with respect to loading of more passengers than covered by the ...
Tag this Judgment!M.P. State Road Transport Corporation Vs. Sudhir Kumar JaIn and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2000(3)MPHT103; 2001(2)MPLJ399
Bhawani Singh, C.J.1. This appeal is directed against the award dated 19-12-1994 passed by the Motor Accident Claims Tribunal, Sehore (Camp Ashta).2. Claimant Sudhir Kumar Jain (25) was travelling in the bus bearing registration No. C.I.W. 7249 belonging to the appellant M.P. State Road Transport Corporation on 7-2-1990. It was involved in an accident with truck bearing registration No. M.O.U. 47. Claimant sustained injury in his right hand due to which it had to be amputated from wrist. It is alleged that the accident took place due to rash and negligent driving of the vehicle by driver Kuber Singh. It is stated that he was subjected to operations 16 times wherein he incurred expenses amounting to rupees two lacs. The claimant had passed B.Com. Examination and was unmarried. His evidence suggests that both the vehicles were responsible for the accident.3. Defence taken is that the allegation of rash and negligent driving of the vehicle is not correct. It is also denied that due to the...
Tag this Judgment!Mohammad Yunus Vs. Mustaq Ali and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2000(3)MPHT112; 2000(3)MPLJ284
Bhawani Singh, C.J.1. This appeal is directed against the award dated 17-9-1993 of the Motor Accident Claims Tribunal, Sehore in M.C.C. No. 50 of 1993.2. Accident took place on 27-2-1989. Mohd. Ibrahim (20) was Cleaner of the truck bearing No. M.B.C. 8357. He was earning Rs. 950.00 per month. Allegation is that the accident took place due to the negligence of driver of the truck. Accident took place on 27-2-1989 and deceased Mohd. Ibrahim died on 3-3-1989 in the hospital. Defence taken is that the accident did not take place and, therefore, the deceased did not die on account of alleged accident. It was alleged that the deceased was found injured and was shifted to the hospital. The vehicle was insured with the Oriental Insurance Company, Berasia Road, Bhopal.3. On the pleadings of the parties, five issues were framed by the Claims Tribunal and after trial, it is found that the accident had taken place due to the negligence of the driver resulting into death of Mohd. Ibrahim. The drive...
Tag this Judgment!Kushal and anr. Vs. M.P. State Road Transport Corporation and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2000(4)MPHT360
ORDERBhawani Singh, C.J.1. This appeal challenges the award dated 17-1-1996 of the IV Additional Motor Accidents Claims Tribunal, Mungeli in Claim Case No. 7 of 1994.2. On 1-4-1994, deceased Ram Kumar (30) was crossing the road for going towards Daupara Mungeli Booking Office for getting ticket. At that time, the bus bearing No. M.K.H. 7551 belonging to the respondent M.P. State Road Transport Corporation driven by Raghuraj Singh, Driver in a rash and negligent manner struck against the deceased Ram Kumar. As a result, Ram Kumar died on the spot. The matter was reported to the Police and First Information Report No. 84/94 was registered and challan filed for offence under Section 304A Indian Penal Code.3. At the time of accident, deceased was 30 years old, his parents were dependent on him, he was married, so also his wife. He was doing the business of repair of radios and televisions and was earning Rs. 100.00 per day and on account of death of Ram Kumar, the claimants have been rende...
Tag this Judgment!Smt. Sushila and ors. Vs. Rajendra Prasad Shukla and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2000(4)MPHT448
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated April 30, 1994, passed by the Motor Accidents Claims Tribunal (II), Bilaspur, in Claim Case No. 47/86.2. On April 10, 1983, at about 3-4 p.m., Dasrath, who was A-Class Contractor, was coming from Bilaspur in Jeep No. M.P.Z. 4641. The Jeep is owned by the State of M.P. and it was being driven by Kashirao (respondent No. 4). It was hit by Truck No. M.P.T. 9390 owned by respondent No. 1 (Rajendra Prasad Shukla), driven by respondent No. 2 (Rahilal) and insured with the respondent No. 5 (Oriental Fire & General Insurance Company, Durg). On account of this accident, Dasrath died at the spot. The matter was reported to the Police by the Jeep Driver and a case under Sections 304A and 337 of the Indian Penal Code was registered and after investigation, challan was filed.2. The deceased-Dashrath was A-Class Contractor in Public Works Department as also in Irrigation Department and had contracts worth lakhs of rupees. At ...
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