Madhya Pradesh Court August 2000 Judgments
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Ashok Kumar Datto Choudhary Vs. Shankerlal and Others
Court: Madhya Pradesh
Decided on: Aug-16-2000
Reported in: 2001(1)MPHT93
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 21/98, dated January 6,1998.2. Claimant Ashok Kumar Datto Choudhary was Head Constable in Central Industrial Security Force Unit, stationed in Bastar District. On 25-6-1996, he was going from Bacheli to Raipur in bus bearing Registration No. MP-26-C-5418. Truck bearing Registration No. CPR 9983, driven by Shankerlal rashly and negligently, came from the opposite direction and struck against the bus resulting in grievous injury on the right arm of the claimant. He was admitted in Bhilai Hospital where his right arm was amputated. Thus the appellant incurred permanent disability. Claim was filed before the Tribunal for Rs. 5,5000.00 with interest at the rate of 18% per annum.3. Defence taken is that the driver of the truck was not responsible for the accident which was caused by the driver of the bus and the claimant must have realised the amount from the ...
State of M.P. and Others Vs. T.N. Verma and Another
Court: Madhya Pradesh
Decided on: Aug-16-2000
Reported in: 2001(1)MPHT118
ORDERA.K. Mishra, J.1. The State has come up in the present writ petition aggrieved by an order passed by the State Administrative Tribunal, Bench at Raipur whereby the application filed by a retired employee, T.N. Verma, has been allowed. The Tribunal has quashed the departmental enquiry instituted after retirement of the respondent No. 1 without sanction of the Governor and the pensionary benefits have been directed to be paid to the respondent No. 1.2. The facts relevant for the decision of the petition are that, respondent No. 1 was posted at Gwalior in the capacity of Food Controller, Gwalior. He took over charge on 9-12-1992. While he was posted there, the 'Gwalior Mela' was organised. 100 M.T. of wheat was allotted for distribution by the Director of Food and Civil Supplies which was considered to be inadequate bythe Collector. However, whatever wheat actually received i.e., 271.67 quintals was given in equal shares to two fair price shops for distribution and that was distribut...
Jairaj Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-16-2000
Reported in: 2001(1)MPHT270
Shambhoo Singh, J.1. This appeal is directed against the Judgment & Order dated 3-5-94 passed by Sessions Judge, Mandsaur in S.T. No. 25/92, whereby the appellant was convicted for offences under Sections 302 and 201 of the I.P.C. and sentenced to life imprisonment under Section 302, IPC and seven years R.I. under Section 201, IPC.2. The prosecution case, in brief, was that the deceased Kailashkun-war, the sister of Jujharsingh (P.W. 6), resident of Village Tal, District Ratlam was married to the appellant who was resident of Village Chhotipatlasi, Distt. Mandsaur. The appellant was in habit of consuming liquor and he used to beat Kailashkunwar, therefore, Kailashkunwar and her daughter Dhyankunwar (P.W. 16) were living in Village Tal with Jujharsingh, the brother of the deceased. On 13-7-92 the appellant sold his land survey No. 279, area 0.222 to Nabinoor (P.W. 4) Kailashkunwar and Dhyankunwar opposed and did not allow Nabinoor to cultivate this land and they filed Civil Suit No. 103...
islam Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-16-2000
Reported in: 2001(2)MPHT89; 2001(2)MPLJ627
ORDERS.C. Pandey, J. 1. This revision is directed against the order dated 11-4-2000, passed by Ist Additional Sessions Judge, Shahdol, in Criminal Appeal No. 22 of 2000, whereby the Court-below confirmed the order dated 15-3-2000, passed by Judicial Magistrate First Class, Budhar, in Criminal Case No. 217/2000.2. This order shall also govern Criminal Revision Nos. 597/2000 and 598/2000, parties being in both these revisions, Istyak Ahmed v. State of Madhya Pradesh, as common questions of facts and law arise in these revisions.3. According to the prosecution case, on 11-3-2000 at Budhar, the applicant was found transporting the cattle in a truck bearing its registration No. as UP-78-N/1437. The truck was stopped near Rest House, Budhar and on checking it was found that 19 cattle were being carried in the truck, who were not being treated well and there was no provision of water and food for the animals in the truck. Thereupon, the Station House Officer of Police Station Budhar made a re...
Panch Ram Barat Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-11-2000
Reported in: [2001(89)FLR1106]; (2001)IILLJ841MP
C.K. Prasad, J. 1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, prayer made by the petitioner is to quash the order dated June 18, 1997 (Annexure P-1) whereby the petitioner has been asked to pay a sum of Rs. 40,000/- under the provisions of the Child Labour (Prohibition and Regulation) Act, 1986 as also the consequential order dated September 19, 1997 (Annexure P-8).2. Shorn of unnecessary details, facts giving rise to the present writ petition are that on the allegation that the petitioner has employed two child labourers, namely, Rameshwar Ram and Shashi Bhushan, in view of the judgment of the Supreme Court dated December 10, 1986 passed in Civil Appeal No. 465/1986, he has been asked to pay a sum of Rs. 20,000/- each for the two child labourers by the Inspector under the Act.3. It is the stand of the petitioner that without giving any opportunity of hearing to the petitioner, he has been asked to make payment of the said amount. Mr. Mishra ap...
United India Insurance Company Vs. Master Mohammad Jeeshan and ors.
Court: Madhya Pradesh
Decided on: Aug-11-2000
Reported in: 2000(4)MPHT335
ORDERBhawani Singh, C.J.1. This appeal is directed against the order of Motor Accidents Claims Tribunal, Burhanpur, dated 13-3-2000. On 23-5-98, Master Jeeshan, student of KG-II of Nehru Montessory School, aged about 10 years along with Mohammad Ismail, was going to his home extremely on the left side of the road at Burhanpur. At the relevant time one Bajaj Moped No. MP/12/C 6310 owned by respondent No. 3 and driven by respondent No. 2 came in excessive speed and hit Mohammad Jeeshan, resulting in injuries to his left eye. He was admitted in Aditya Jyoti Eye Hospital at Burhanpur and later at Bombay Hospital. In the said accident minor boy Jeeshan lost his left eye completely.2. Claimant has filed the application through natural guardian for compensation against the respondents. Allegation is that accident took place due to rash and negligent driving by Abdul Aziz as a result of which Master Jeeshan lost his left eye in the said accident. Compensation of Rs. 2,00,000/-has been claimed ...
Rahul Mishra Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-11-2000
Reported in: 2001CriLJ214
ORDERS.C. Pandey, J.1. This is criminal revision under Section 38 of the Juvenile Justice Act, 1986 (henceforth 'the Act'). The applicant Rahul Mishra is being charged under Sections 147, 294, 452, 323, 506 Part-II, 307 and 302 of the Indian Penal Code in Crime No. 8/2000, Police Station Basantpur, District Sarguja. It appears that there is no dispute between the State and the applicant regarding the age of the applicant. He is less than 16 years of age and, therefore, he is a juvenile and, consequently deemed to be a juvenile offender with the meaning of the Act.2. The applicant was not granted anticipatory bail by this Court. However, he was produced before the Juvenile Court presided over by two Judvenile Magistrates First Class at Ambikapur by order dated 21-6-2000. Both the Magistrates of the Juvenile Court have passed an order sending the applicant to juvenile home.3. In appeal under Section 37 of the Act, the learned Sessions Judge, by order dated 27-6-2000, has confirmed the or...
United India Insurance Co. Ltd. Vs. Mohammad Jeeshan and ors.
Court: Madhya Pradesh
Decided on: Aug-11-2000
Reported in: 2002ACJ1144
Bhawani Singh, C.J.1. This appeal is directed against the order of Motor Accidents Claims Tribunal, Burhanpur, dated 13.3.2000. On 23.5.1998, Jeeshan, student of class II of Nehru Montessory School, aged about 10 years along with Mohammad Ismail, was going to his home (Sic. walking) extremely on the left side of the road at Burhanpur. At the relevant time one Bajaj moped No. MP 12-C 6310 owned by respondent No. 3 and driven by respondent No. 2 came in excessive speed and hit Mohammad Jeeshan, resulting in injuries to his left eye. He was admitted in Aditya Jyoti Eye Hospital at Burhanpur and later at Bombay hospital. In the said accident minor boy Jeeshan lost his left eye completely.2. Claimant has filed the application through natural guardian for compensation against the respondents. Allegation is that accident took place due to rash and negligent driving by Abdul Aziz as a result of which Jeeshan lost his left eye in the said accident. Compensation of Rs. 2,00,000 has been claimed ...
State of M.P. Vs. Vedri
Court: Madhya Pradesh
Decided on: Aug-10-2000
Reported in: 2001CriLJ189; 2001(2)MPHT69; 2000(3)MPLJ471
R.B. Dixit, J. 1. The lust, passion and greed makes the man blind, who can go to any extent in committing crimes even against his kith and kin. This is an unfortunate case, as alleged, where accused-respondent had killed his own wife and young married daughter on intervening night of 20-21st June, 1984.2. About 20 years before the incident, deceased Shyam Sundri was married to accused-respondent and from this wed-lock after about 8 to 10 years, a daughter deceased Kamlesh was born. After about 7-8 years, accused entered into second marriage with Sukhrani and that was the beginning of befalling calamities on his first wife deceased Shyam Sundri. It is said that after selling a part of his ancestral agricultural land, accused performed marriage of his daughter deceased Kamlesh some 4-5 years before the incident with Devi Singh (P.W. 3). After some time, some other agricultural lands, which stood in the name of Jagdevi (P.W. 7), mother of the accused, were sold and out of the sale proceed...
Hridyanand Tiwari Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Aug-10-2000
Reported in: AIR2001MP17; 2001(3)MPHT34
ORDERS.P. Srivastava, J.1. Heard the learned counsel for the petitioner as well as the learned Government Advocate representing the respondent Nos. 1 to 3 and also the learned counsel representing the respondent Nos. 4 and 5, who have filed the counter-affidavit/return in opposition to the writ petition.2. Since the petitioner and the contesting respondent Nos. 4 and 5 have already exchanged their affidavits this writ petition is being disposed of at this stage taking into consideration the facts and circumstances brought on record especially in view of the request of the counsel for the parties that as the period for which the temporary permit had been granted to the petitioner by Rajya Parivahan Pradhikaran, is going to expire on 31-8-2000 and the application for fresh temporary permit has been rejected under the revisional order this matter may be disposed of cxpeditiously.3. The petitioner feels aggrieved by the order passed by the Stale Transport Appellate Tribunal dated 28-6-2000...
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