Madhya Pradesh Court September 2000 Judgments
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Regional Director, E.S.i. Corporation and anr. Vs. Ram Singh and anr.
Court: Madhya Pradesh
Decided on: Sep-07-2000
Reported in: [2000(87)FLR832]; (2001)ILLJ791MP
A.M. Sapre, J.1. Regional Director, Employees' State Insurance Corporation, has preferred this miscellaneous appeal under Section 82 of the Employees' State Insurance Act, 1948, questioning the legality and validity of an order dated February 15, 1999, passed by the Employees' Insurance Court, Ujjain, in case No. 5/92 (ESI). By impugned award the learned Employees' State Insurance Court is pleased to allow the application made by the respondents under Section 75 of E.S.I. Act. In order to appreciate the facts involved in the appeal it is necessary to state them infra.2. The respondents claiming to be in the employment of respondent No. 2 (Esco Ujjain Pipe and Company Limited, Ujjain) as a Badlee employee, met with an accident on February 20, 1991. It is now a matter of record that on the said date i.e. February 20, 1991, the respondent No. 1 while returning from the Factory premises, his Scooter which he was driving got slipped, thereby respondent No. 1 fell down on the road. This resu...
Shreeram Vs. Peerulal and anr.
Court: Madhya Pradesh
Decided on: Sep-07-2000
Reported in: I(2001)ACC430; 2002ACJ898
A.M. Sapre, J.1. The decision rendered in this appeal shall govern the disposal of M.A. Nos. 725, 726, 727, 728, 729 and 730 of 1999, as all these appeals arise out of one award and secondly they arise out of one accident.2. In short, the case of these appellants was that while travelling in jeep No. MP 13-C1890, on 13.10.1996, they received injuries as the jeep while moving on the road lost control and collapsed. According to appellants (claimants in Tribunal), this accident occurred solely due to rash and negligent driving of driver, Babulal, who died on the spot. According to appellants, they received injuries and some died and hence they are entitled to receive adequate compensation from owner of the offending vehicle, respondent No. 1 and insurance company, respondent No. 2 with whom the offending vehicle was insured at the relevant time. In every case, the claim of every claimant (appellant) varied due to nature of injuries sustained.3. In substance, the respondents denied their ...
Duryodhan and Others Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Sep-06-2000
Reported in: 2001CriLJ1614; 2001(1)MPHT215
ORDERS.C. Pandey, J.1. It appears from the impugned order dated 7-8-2000 passed by IInd Additional Sessions Judge, Chhatarpur in Sessions Trial No. 34/2000, that the learned Additional Sessions Judge has exercised its power under Section 319 of the Code of Criminal Procedure and has found that the applicants are also liable to be prosecuted alongwith other co-accused persons. Learned counsel for the applicants argued that the statement made by Rammilan alias Bandar could not have been relied upon by Court below for exercising power under Section 319 of the Code of Criminal Procedure. Section 319 of the Code of Criminal Procedure says that the Court is empowered to accuse any person who has not been made an accused if it appears from the evidence on record that he top is liable to the prosecuted and tried together with other accused persons. Learned counsel for the applicants relied on the decision in the case of Gulam Mondal v. Nazam Hossain and others, reported in 1987 Cr.LJ 729. It a...
Shrikant Pandey Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-06-2000
Reported in: 2001(1)MPHT218
ORDERS.C. Pandey, J. 1. This revision is directed against the order dated 9-5-2000 passed by the Chief Judicial Magistrate, Raisen in M.J.C. No. 24/97 (now registered as Criminal Case No. 274/2000). By the impugned order, the learned Chief Judicial Magistrate, Raisen has taken cognizance of an offence under Section 409 of the Indian Penal Code and Criminal Case No. 274/2000 has been registered against the applicant Shrikant Pandey. The applicant requires this Court to quash the impugned order dated 9-5-2000.2. The facts of this case indicate that the applicant was posted as Head Constable in Police Lines, Raisen. He was temporarily placed as incharge of the cash box on or about 1-5-1992. It appears that out of Rs. 60,000/- received by the applicant in cash box, Rs. 32,000/- were found short. The applicant was given custody of the cash box and he was required to put lock alongwith a seal in the cash box. When the cash box was opened, apart from the applicant, another Head Constable Shan...
Badri Prasad Vs. Smt. Urmila Mahobiya
Court: Madhya Pradesh
Decided on: Sep-06-2000
Reported in: AIR2001MP106; 2001(3)MPHT14; 2001(2)MPLJ631
V.K. Agrawal, J. 1. This appeal is directed against the judgment dated 24-12-1997 in Civil Suit No. 4-A of 1997 by IV Additional District Judge, Jabalpur, whereby the application of the plaintiff/appellant under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Ad* for short) was dismissed, but he was directed to pay Rs. 1,000/- per month as permanent alimony to the non-applicant/wife.2. The essential facts, leading to this appeal, staled in brief, are that the appellant/husband filed a petition under Section 13 of the Act praying for a decree for divorce on the ground that the respondent/wife treated the husband/petitioner with cruelty. The application was resisted by the respondent/wife.3. The learned Trial Court, by the impugned-judgment, held that the petitioner/appellant failed to prove that his wife, the respondent, treated him with cruelty. Therefore, the application of the husband/appellant for divorce was dismissed. However, he was directed to pay Rs....
National Steel Industries Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Sep-06-2000
Reported in: 2001(73)ECC372; 2001(134)ELT616(MP)
ORDERN.K. Jain, J.1. Petitioner is aggrieved by the Order (Annexure P/6), passed by respondent No. 2, insofar as it relates to the adjustment of the refund of the amount deposited by the petitioner with respondent No. 2, under Section 35F of the Central Excise Act, 1944, in connection with his appeal filed before the Central Excise and Gold Control Appellate Tribunal (CEGAT).2. The impugned adjustment has been made against some other demands which are presently subject-matter of appeal pending before the Commissioner of Appeals. An application for stay and dispensation of pre-deposit under Section 35F are also pending before the Commissioner.3. I have heard Shri V.K. Jain, LC for the petitioner and Shri B.G. Neema, LC for the respondents.4. Pre-deposit under Section 35F is made by the person desirous of appealing against decision or order of adjudication, pending disposal of appeal preferred against such adjudication. Obviously the amount so deposited is liable to be refunded to the ap...
Shabbir HussaIn Vs. M.P.S.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Sep-06-2000
Reported in: I(2001)ACC250
A.M. Sapre, J.1. Claimant who was victim of an accident that occurred on 10.10.1993 with the offending vehicle belonging to respondent No. 1 (M.P.S.R.T.C), and who claimed to have suffered injury in the said accident files this appeal against the impugned award which rejected the claim petition of claimant. The impugned award dated 10.3.1997, passed in Claim Case No. 63/94 by learned M.A.C.T., Kukshi.2. On 10.10.1983, the driver of offending vehicle (passenger bus), dashed to one hill in hilly track on road while moving. The claimant was one of the occupants in the offending vehicle when he suffered fracture in his left hand. A claim was filed by the claimant for compensation for the injuries and loss sustained against the owner of vehicle-M.P.S.R.T.C. and also the driver (but without namina).3. The non-applicant (owner of vehicle) remained ex-parte even after service since inception. The claimant then led unrebutted evidence and proved his case. The learned Member of Tribunal on appre...
Bhuri Bai Vs. Karamjeet Singh and Others
Court: Madhya Pradesh
Decided on: Sep-05-2000
Reported in: 2002ACJ1948; 2001(1)MPHT43
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Bilaspur, in Claim Case No. 18/94, dated 31-1-98.2. Claimant was travelling in bus No. MP-04/F0344, owned by Shrilal J.S. Ram and driven by Gangaprasad. Near village Chetma, truck No. MP 23-B 3740, owned and driven by Karamjeet Singh rashly and negligently had collision with the other vehicle resulting in grievous injuries to the claimant in the right hand which ultimately had to be amputated causing permanent disability to the extent of 90%. Claim for Rs. 20,84,500.00 has been made.3. Respondents No. 3 and 4 stated that claimant was negligent since she should not have projected her hand outside the bus. The vehicle was insured with United India Insurance Co. Ltd., while the truck was insured with the Oriental Insurance Co. Ltd.4. The Tribunal accepted the claim and awarded compensation of Rs. 1,29,000.00 with interest at the rate of 12% per annum from the date of application till r...
Anjani Kumar and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-05-2000
Reported in: 2001(1)MPHT142
A.K. Mishra, J. 1. This appeal has been filed against the conviction of the appellants under Sections 354 and 306 of the Indian Penal Code. They have been respectively sentenced to undergo 2 years and 5 years rigorous imprisonment.2. Prosecution case in brief is that on 10th of February, 1988 at about 4.30p.m. when Smt. Usha Kachhi was in her agricultural field, both the accused persons - Anjani and Pappu misbehaved with her and tried to remove her Sari. As the deceased raised hue and cry, witness Appoo alias Ramprasad Kachbi and Bijju alias Vijay Tiwari reached the spot. On seeing them both the accused persons ran away. In the same evening when parents of Usha Kachhi were not present, she committed suicide by hanging herself owing to humiliation caused to her. The report of the incident was lodged next day in the morning at Police Station Majhgawan by Tanteram, the father of the deceased. Police set in the investigation and found that deceased committed suicide and cause for the same ...
National Insurance Co. Ltd. Vs. Kans Ram and ors.
Court: Madhya Pradesh
Decided on: Sep-05-2000
Reported in: 2002ACJ1177
Bhawani Singh, C.J.1. We propose to dispose of this group of six cases by common judgment since they arise out of the same accident and common award of the Motor Accidents Claims Tribunal, Bilaspur dated 30.10.1996. Cross-objections filed by the claimants in these appeals shall also stand disposed of by this common judgment.2. Truck bearing the registration No. CPA 3929 carrying boulders turned turtle near Pipartaraj on Kota-Bilaspur Road on 18.1.89 at 1.30 p.m. resulting in the death of Preetam, Arjun and Tijau Ram, permanent disablement of Kans Ram, Prahlad and Kunj Bihari and injuries to Kartik Ram, Manohar and Sudama Ram. All these occupants in the truck were labourers. Gan-pat Ram was driver of the truck while Sant Ram was registered owner thereof. The truck was insured with National Insurance Co. Ltd. between 9.1.1989 and 8.1.1990. Insurance policy existed in favour of Hiren and Company, being the registered owner thereof on the date of accident.3. Legal heirs of Preetam, Arjun a...
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