Madhya Pradesh Court March 2000 Judgments
Dhanraj and anr. Vs. Jeewan Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2002ACJ187
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 125 of 1988, decided on 18.8.92.2. Manohar Lal (25) died in an accident that took place on 29.7.1988 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 insured with National Insurance Co. Ltd., Raipur. The matter was reported to the police and a case under Section 304A of the Indian Penal Code 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 business and was looking a...
Tag this Judgment!Kushal and anr. Vs. Madhya Pradesh State Road Trans. Corpn. and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2002ACJ102
Bhawani 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, aged 30, was crossing the road for going towards Daupara Mungeli Booking Office for getting ticket. At that time, the bus bearing No. MKH 7551 belonging to the respondent M.P. State Road Transport Corporation driven by Raghuraj Singh, driver, in a rash and negligent manner had 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 of 1994 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 per day and on account of death of Ram Kumar, the claimants have been ...
Tag this Judgment!Sushila and ors. Vs. Rajendra Prasad Shukla and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2000
Reported in: 2002ACJ167; 2000(3)MPLJ290
Bhawani Singh, C.J.1. This appeal is directed against the award dated 30.4.94, passed by the Motor Accidents Claims Tribunal (II), Bilaspur, in Claim Case No. 47 of 1986.On 10.4.83, at about 3-4 p.m., Dashrath, who was A-class contractor, was coming from Bilaspur in jeep No. MPZ 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. MPT 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 Co. Ltd., Durg). On account of this accident, Dashrath 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 the time of accident...
Tag this Judgment!Moira Wires Ltd. Vs. M.P. Financial Corporation
Court: Madhya Pradesh
Decided on: Mar-29-2000
Reported in: [2001]104CompCas599(MP)
N.K. Jain, J.1. This petition under Article 226 of the Constitution of India is directed against the notice dated February 25, 2000 (annexure P-5)and the consequent taking over of the unit under Section 29 of the State Financial Corporations Act, 1951, by the respondent--the M. P. Financial Corporation, Indore.2. The facts as unfolded by the pleadings and the documents filed by the parties and which are material for the purpose of this petition are these :3. The petitioner-company on January 19, 2000, has made a reference (annexure P-2), under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, 'the SICA'), to the BIFR claiming that it has become a sick industrial company. The Registrar of the Board has by its letter dated February 7, 2000 (annexure P-3) informed the petitioner-company that its reference has been registered. By the same letter some additional information is also asked for from the petitioner-company. On February 25, 2000, the responde...
Tag this Judgment!Gyan Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-29-2000
Reported in: 2000(3)MPHT50; 2000(2)MPLJ610
R.B. Dixit, J.1. Appellant being aggrieved by the judgment and order of conviction dated 14th May, 1984, passed in Sessions Trial No. 36/82 by the Second Additional Judge to Sessions Judge, Vidisha convicting appellants under Sections 148, 302 read with Section 149 IPC and sentencing them for imprisonment of life under Section 302/149 and further sentencing them for two years' RI and fine of Rs. 500/- under Section 148 IPC, have challenged their conviction and sentence under the present appeal.2. The prosecution case in brief is that on 17-9-1981 at about 8.00 p.m. when deceased Maharaj Singh was talking with acquitted co-accused Heera Lal, the appellants along with other co-accused persons armed with lathi, farsa, ballam, knife and luhangi came on the spot. Heera Lal caught hold of deceased Maharaj Singh and rest of the accused persons caused injuries to him. When Hari Singh (P.W. 1), cousin of the deceased intervened, he was assaulted with luhangi by Dhan Singh and on his raising hue...
Tag this Judgment!Baijanti Bai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-29-2000
Reported in: 2000CriLJ3253; 2000(3)MPHT67; 2000(2)MPLJ579
R.B. Dixit, J.1. In a dogmatic society where old school of thought prevails, woman in her child-hood has to remain under control of her father, in married-life under control of her husband and in her old age under control of her sons. This is an unfortunate case, where it is alleged by the prosecution that on 24-8-1982 at village Khonkhar appellant who belongs to a community of Scheduled Caste was compelled to end her life by jumping in the village well, with a small female child in her lap, to commit suicide. However, the appellant was saved and survived, but the life of her female child was lost in the incident.2. Chowkidar of the village Khonkhar, Thakuri (P.W. 3) lodged a report (Ex. P-1) at Police Station Kolaras informing that appellant Baijanti at about 3.00 p.m. jumped in the village well with her daughter Laxmi, aged about 12-13 days. However, the appellant was saved by her husband Nehnu (P.W 9). The female child could not be saved who died in the incident. When the appellant ...
Tag this Judgment!Chandrashekhar Shrivastava and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-29-2000
Reported in: 2000(2)MPHT321
ORDERR.S. Garg, J.1. Heard.2. The case diary of Crime No. 9/2000 of P.S. Masturi (Bilaspur) relating to offence punishable under Section 498A of I.P.C. perused.3. The learned Court below has rejected the application mainly on the ground that an application for grant of anticipatory bail was rejected on 4-2-2000 and since thereafter there was no change in the circumstance, the applicants would not be entitled for an order of bail. In the opinion of this Court, the Court below did not try to appreciate the distinction between Section 438, Cr.P.C. and Section 439, Cr.P.C. The most important change which occurred in the circumstance was that the applicants were arrested on 8-2-2000. No Court can loose sight of the fact that considerations which may persuade a Court to grant bail under Section 439, Cr.P.C., are always different and sometimes may be irrelevant for grant of Order under Section 438, Cr.P.C. Simply because an application under Section 438, Cr.P.C. stands rejected, the right of ...
Tag this Judgment!Hasmukh Rupani Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-29-2000
Reported in: 2001(5)MPHT308
ORDERV.K. Agrawal, J.1. This appeal is directed against the order dt. 7-4-1994 in Case No. T.A.-1605/90 by the Railway Claims Tribunal, Bench Bhopal.2. It is now not in dispute that the appellant/plaintiff carries on his business of Coal and Coke, near New Sabji Mandi, Hamidia Road, Bhopal, in the name and style of 'Hasmukh Coal Depot' as its sole proprietor. A consignment of steam coal was loaded by the defendant/respondent from its Chandameta Colliery on 24-1-1986. The aforesaid consignment was booked with the respondent/Central Railway from Parasia on 28-1-86 for delivery to the plaintiff at Nishatpura, Bhopal, vide Railway Receipt No. 974516 dt. 28-1-86, particulars of which were : box No. S.E. 96949-steam coal with pay load weight 54.6 mtr. tonnes charged weight 56.6 mtr. tonnes, freight Rs. 4,681/-. The said consignment admittedly reached destination, i.e. Nishatpura, Bhopal on 29-1-1986.3. The plaintiff/appellant filed a suit for recovery of damages. It was averred that the said...
Tag this Judgment!Smt. Geeta Sahu Vs. District Magistrate and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2000
Reported in: 2000(4)MPHT482; 2000(2)MPLJ618
ORDERR.S. Garg, J.1. By this petition under Article 226 of the Constitution of India the petitioner challenges the correctness, validity and propriety of the Order No. 32/Detention/1998 dated 24-11-98 passed by District Magistrate, Shahdol, annexed to the petition as Annexure P-1.2. By the impugned order the District Magistrate, Shahdol exercising his powers under Sub-section 2 read with Sub-section 3 of Section 3 of the National Security Act, 1980 ordered that Pappu @ Radheshyam Teli (husband of the petitioner) be detained and kept in Central Jail, Rewa (M.P.).3. The petitioner says and submits that the order Annexure P-1 is patently illegal as it does not take into consideration that out of 14 cases referred in the grounds of detention the petitioner has been acquitted in number of cases and was convicted only in one case in the year 1994 and in the appeal the sentence was reduced to the period already undergone i.e. 97 days and a fine of Rs. 1,000/- was imposed upon him. It is also ...
Tag this Judgment!Brij Mohan Sharma Vs. Jawahar Lal Nehru Krishi Vishvavidhyalaya, Jabal ...
Court: Madhya Pradesh
Decided on: Mar-28-2000
Reported in: AIR2000MP297; 2000(2)MPHT256; 2000(2)MPLJ637
ORDERS.P. Srivastava, J.1. Heard the learned counsel for the petitioners as well as the learned counsel representing the respondents.2. Perused the record.3. The petitioners had been granted admission in the B.Sc. (Ag.) IIIrd year course in Government College of Agriculture, Gwalior on 3-3-2000. The University/respondent No. 1 had issued an order on 8-3-2000 pursuant to which the provisional registration/admission issued in favour of the petitioners admitting them in the B.Sc. (Ag.) IIIrd year course on 3-3-2000 was cancelled by the dean, College of Agriculture. Gwalior vide the order dated 9-3-2000, a copy of which has been filed as Annexure-P/1.4. The petitioners have prayed for the quashing of the order referred to hereinabove and have also prayed for a direction requiring the respondents to permit the petitioners to appear at the examination of first semester of B.Sc. (Ag,) IIIrd year which was scheduled to commence from 22-3-2000.5. A counter-affidavit/return has been filed by the...
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