Madhya Pradesh Court August 2000 Judgments
Krishna Kumar Verma Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: [2000(87)FLR732]; (2002)IVLLJ612MP
S.K. Kulshrestha, J. 1. By this petition, the petitioner has challenged the order dated June 13, 2000 (Annexure-P/8), by which he has been transferred from Sarni to Gandhi Sagar with immediate effect in the same capacity. 2. The petitioner is an employee of the first Respondent-M.P. Electricity Board and was posted as Senior Operating Officer in the Satpura Thermal Power Station, Sarni in Madhya Pradesh on the date of his transfer. It is not disputed that the petitioner is the Secretary of one of the labour unions and had participated in the demonstrations staged by various unions in protest against the non-payment of the dues to the employees to the tune of Rs. 13 crores and the strike was withdrawn/suspended on assurance of the first respondent that a sum of Rs. 1.75 to 2.00 crores would be released by July 10, 2000 and the release of the remaining amount towards arrears shall follow soon thereafter. The petitioner had earlier been transferred by order dated January 1, 2000 (Annexure...
Tag this Judgment!Ajay Shrivastava Vs. State Through P.S. Simga, Distt. Raipur
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: 2001(4)MPHT120; 2002(1)MPLJ399
ORDERS.C. Pandey, J. 1. They are heard.The applicant has been charged with an offence under Section 302 of the Indian Penal Code for committing murder of Jyoti, at village Bhumia, near Babbu, in the intervening night of 18th and 19th of February, 1999. The applicant denies commission of such offence.2. It appears from the prosecution case that on 18th of February, 1999 a dead-body was found in village Bhumia, near Babbu Dhaba within the jurisdiction of Police Station, Simga, District Raipur. A Marg No. 1/99 was, therefore, registered at Police Station, Simga. Subsequently, it was found that the dead-body was that of Jyoti alias Durga, who was reported to be involved in doing prostitution in association with co-accused Uma Gupta. Uma gupta is being tried under Sections 201/302 of the Indian Penal Code read with Section 6(1) of Immoral Traffic (Prevention) Act. The case, against the applicant, however, is that he is liable for murder of Jyoti alongwith two co-accused - Sanjiv Choubey and...
Tag this Judgment!Manoj Kumar JaIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: 2001(4)MPHT233; 2002(1)MPLJ66
ORDERS.C. Pandey, J. 1. Heard learned counsel for the applicant on the question of admission. 2. It is alleged that the jeep belonging to the applicant was being used for carrying seven pieces of teak-wood logs. These logs were seized by the police which appears to have registered an offence under Section 379 of the Indian Penal Code and proceeded under Section 52 of Indian Forest Act (henceforth 'the Act') and Section 15 of Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1986. 3. The applicant is the registered owner of the vehicle. He filed an application before the Judicial Magistrate First Class, Bijawar, seeking custody of Jeep No. MP 15-D/3475. The learned Magistrate had received prior intimation on 3-2-2000 that the aforesaid jeep was liable to be confiscated by the competent forest officer and for this purpose necessary proceedings were being started. Thereafter, the learned Magistrate did not exercise its power under Section 457 of the Code of Criminal Procedure, and dis...
Tag this Judgment!Balkrishna Naik Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: 2000CriLJ4797
ORDERS.P. Khare, J.1. Appellant Balkrishna Naik has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) and sentenced to rigorous imprisonment for ten years and to a fine of Rs. , 1,;00,000/-. In default of payment of fine he has been sentenced to rigorous imprisonment for two years.2. It is no longer in dispute that houses bearing number EWS/ 17and 18, in Sudhar Nyas Colony, Katni are of the ownership of accused No. 1 Rajkishore Naik who has been acquitted by the trial Court, Accused No. 2 Balkrishna Naik who is appellant herein is the brother of wife of Rajkishore Naik. On 18-9-1996, the Assistant Commissioner, Customs and Central Excise, Jabalpur in exercise of the powers under Section 41 of the Act issued the search warrant Ex. P-1 authorising Sharad Tripathi (P.W. 1), Inspector of Customs and Central Excise, Jabalpur to take search of the houses mentioned above. In this warrant it is mentioned that ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Banesingh and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: 2002ACJ759
A.M. Sapre, J.1. Insurance company is not satisfied with the impugned award fastening liability on it by learned Member of Tribunal and hence it is in appeal. The impugned award is dated 6.8.1996 in Claim Case No. 26 of 1990. Facts in brief are:On 14.1.1988 Makhan, who was the husband of respondent No. 3 and son of respondent Nos. 1 and 2, met with an accident when he was crushed by one tractor No. MPU 5391 and succumbed to the injuries. He was sitting on the bonnet of tractor which was owned by respondent No. 4 and driven by respondent No. 5. The claimants claimed compensation for the death of Makhan.2. The defence of insurance company which alone is relevant for the disposal of this appeal was that no liability can be fastened on the insurance company because the tractor in question was insured with them only for a particular purpose and secondly the policy in question, Exh. D-1, did not include the risk of unauthorised person sitting on the bonnet of tractor. According to insurance ...
Tag this Judgment!Banna and ors. Vs. Purshottam and anr.
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: 2002ACJ2040
Bhawani Singh, C.J.1. This appeal is directed against the award of Additional Motor Accidents Claims Tribunal, Multai (Bctul), dated 30.10.1999 in Claim Case No. 58 of 1997.2. The accident took place on 7.3.1997 at 8.30 a.m., when the deceased Kalabai along with others including Banna, Anil, Revji and Mukesh were travelling in jeep No. MP 05-A 2824 from Pachmarhi to Betul, near Dokra Khedi, another jeep No. MP 05-A 8304 driven rashly and negligently, hit the jeep in which the deceased and others were travelling. In this accident, the deceased suffered head injury. She was taken to the hospital at Pipariya where she was declared dead. Report was lodged with the police and an offence under Section 304A, Indian Penal Code was registered. Claim of Rs. 3,04,000 was made.3. Accident has been admitted by the insurance company but other facts have been denied and it is also claimed that the driver was not in possession of valid and legal driving licence at the time of the accident and it was a...
Tag this Judgment!Kanhaiyalal Vs. Sumer Singh and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: I(2001)ACC382
ORDERA.M. Sapre, J.1. Claimant Kanhaiyalal is aggrieved by an award dated 4.11.1995, passed in his Claim Case No. 15/95, by learned IVth Addl. M.A.C.T. Dhar. According to claimant he was awarded a less amount of Rs. 5,000/- only. According to appellant he is entitled to claim more and hence he is in appeal.2. The only question, therefore, involved in this appeal is whether appellant (claimant) was able to make out any case for enhancement? Since the question regarding the manner in which the accident occurred liability of Insurance Company as also of the owner is not subject-matter of this appeal and, therefore, it is not necessary for me to go into this aspect which has become final. In other words in the absence of any cross-objection/appeal filed by any of the respondents, who have suffered an award the finding regarding accident and liability issues have become final.3. The case of present appellant (claimant) was dealt with by the learned Member of the Tribunal in paragraphs 15 an...
Tag this Judgment!Prabhabati and anr. Vs. Beeru and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: 2002ACJ1223
Bhawani Singh, C.J.1. This appeal is directed against the award dated 7.8.1997 of Additional Motor Accidents Claims Tribunal, Multai in the Claim Case No. 27 of 1996. The claimants are parents of the deceased. They are not satisfied with the award, hence this appeal for enhancement of compensation.2. Facts briefly are that deceased Ballu alias Kamlakar Rao was studying in 10th class. Due to crowd, he stood near the door of the bus. The bus received jolt as a result of which he fell down resulting in injuries. He died in the hospital. Case No. 215 of 1996 was lodged in the court of Additional Judicial Magistrate arising out of this accident. Allegation of claimants is that the accident took place due to negligence of the driver, since deceased was trying to get into the bus and due to jolt received by the bus he slipped and fell down resulting in the injuries. The allegation is opposed by other side and they say that accident did not take place due to their negligence. Insurance company...
Tag this Judgment!Bai Kewat and ors. Vs. Gulab Singh and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2000
Reported in: 2002ACJ2050; 2001(2)MPLJ13
Bhawani Singh, C.J.1. This appeal is directed against the award dated 1.8.1997 of the Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 1 of 1997.2. Claimants are widow and two minor daughters of deceased. They submit that accident took place on 16.4.1996 when deceased was going from Bilaspur to Kota in Matador No. MP 23-D 3985 with Nirma powder. Allegation is that this vehicle had collided with another vehicle No. MP 26-D 2624 resulting in the accident. The deceased was 29 years old at the time of accident. He was working as porter with Nirma Washing Powder Company, earning Rs. 150-200 per day. The family was dependent on him and, therefore, the claim case has been filed by claimants for grant of compensation for the death of the deceased. Defence taken is that the driver was not in possession of valid driving licence at the time of accident, therefore, he committed breach of policy conditions. Hence, the insurance company is not liable to pay the compensation. It is also st...
Tag this Judgment!Santosh Kumar and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-28-2000
Reported in: 2001(4)MPHT184
ORDERS.C. Pandey, J. 1. With the consent of learned counsel for the parties this revision is disposed of finally.2. Having heard learned counsel for the parties and after going through the record of the case, there appears to be no error in the impugned order dated 7-7-2000, passed by Additional Sessions Judge, Sihora, in Sessions Trial No. 752 of 1995 because the accused persons remained absent even prior to date of the impugned order, on various dates and the case had to be adjourned on that dates without examination of the witnesses of the prosecution. It appears that on 14-8-2000 also the applicants did not appear before the Trial Court voluntarily.3. It is stated by the learned counsel for the applicants that the applicant No. 1 Santosh Kumar has been arrested but not the applicant No. 2 Mulabai. Without making any comment as to the legality or propriety of the order passed by the learned Additional Sessions Judge, looking to the facts and circumstances of the case, this Court is ...
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