Madhya Pradesh Court January 2001 Judgments
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Smt. Maya Verma Vs. Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur ...
Court: Madhya Pradesh
Decided on: Jan-24-2001
Reported in: 2001(2)MPHT373; 2001(3)MPLJ288
ORDERS.K. Kulshrestha, J.1. By this petition, the petitioner has challenged the order dated 29-10-1999 (Annexure P-1), by which she has been informed that since the Lady Extension Teachers do not fall under the category of Teachers' in terms of Clause 32 ofJNKVV Statute, 1964, her request for enhancement of retirement age from 60 to 62 years, as applicable in the case of Teachers' of the said Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur, cannot be considered. Petitioner has also challenged the retirement notice dated 22nd June, 1999 (Annexure P-2) proposing to retire her w.e.f. 31-7- 2000 on attaining the age of superannuation i.e., 60 years as also the order Annexure P-8 dated 13th June, 2000, by which she has been retired w.e.f. afternoon of 31-7-2000.2. The petitioner was working as a Lady Extension Teacher in the Directorate of Extension Services under the respondent-University. According to the petitioner, since she was imparting instructions/education, for all practical purp...
Ranjeet Singh and Others Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Jan-24-2001
Reported in: 2001CriLJ4821; 2001(4)MPHT97; 2002(1)MPLJ103
ORDERDipak Misra, J. 1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for quashment of order dated 1-7-1999 Annexure P-4 passed by the Commissioner,Sagar Division, Sagar, affirming the order dated 14-1-1999, Annexure P-3 passed by the Collector, Chhatarpur.2. The facts as have been unfurled are that in the year 1964 the petitioner 1, was granted a licence of rifle bearing number MP.CHP1/435/L/64 and in the year 1987 the petitioner 2 was granted a licence number MP.CHP1/9/L/87 for the 12 bore single barrel gun. The petitioner 3 was granted a licence number MP.CHP1/139/L/69 for a 12 bore double barrel gun. According to the petitioners they have never been implicated in any criminal case and have not abused the facility conferred on them. The petitioner 3 has been conferred an award by the M.P. State Police for his bravery. As averred, in the year 1987 as there was political intervention the petit...
The Chhatarpur Homeopathic and Biochemical Association Vs. State of Ma ...
Court: Madhya Pradesh
Decided on: Jan-24-2001
Reported in: AIR2001MP263; 2001(4)MPHT455
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, a society registered under the M.P. Societies Registrikaran Adhiniyam, 1973 (hereinafter referred to as 'the Act') has prayed for issue of a writ of certiorari for quashment of the order dated 21-6-2000. Annexure P-4, issued by the respondent 2.2. The facts as have been uncurtained are that the petitioner-society was established in the year 1971 with the object of promoting Homeopathic System of Medicine through education. With the aforesaid intention it has established a Homeopathic Medical College in the township of Chhatarpur. The said institution is recognised by the National Homeopathic Council of India and is affiliated with Doctor Hari Singh Gour Vishwavidyalaya, Sagar. The society has its own bye-laws and it function, according to the requirement of the said bye-laws. The society is managed by its executive body which is constitut...
Wearwell Tyres and Tubes Inds. P. Ltd. Vs. Commr. of Cus. and C. Ex.
Court: Madhya Pradesh
Decided on: Jan-24-2001
Reported in: 2001(162)ELT1167(MP)
ORDERDipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court the petitioner has prayed for issue of a writ in two nature of certiorari for quashing of the order contained in Annexure P.1 passed by the Commissioner of Customs and Central Excise on 1/4-3-99 rejecting the prayer of the petitioner under Kar Vivad Samadhan Scheme, 1998 on the ground that no appeal wasfiled by the petitioner within the stipulated period and as the same was time-barred the prayer for declaration was untenable.2. The facts lie in a narrow compass. An order was passed by the adjudicating authority on 21-10-1995. The petitioner assailed the said order before the Commissioner (Appeals) on 22-12-98. After filing of this appeal the petitioner filed an application for declaration vide declaration No. 118 of 1998 under Kar Vivad Samadhan Scheme/ 1998 (hereinafter referred to as 'the Scheme'). It is averred in the writ petition that the order passed by the Commissioner vide Annexure P.1 is unsustainabl...
S.K. Trivedi Vs. Babulal Manjhi and Others
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: 2002ACJ1196; 2001(2)MPHT324; 2001(3)MPLJ12
ORDERBhawani Singh, CJ. 1. This appeal is directed against award dated 13-3-1995 of Motor Accident Claims Tribunal, Bhopal in M.C.C. No. 263 of 1990.2. S.K. Trivedi was going on his scooter CIW 5860 on 3-1-1990 from Aradhana Nagar to Bus Stop No. 7 with Smt. Archana Trivedi (wife) on pillion seat. When they reached Nutan College at 5.30 p.m. driving the scooter with moderate speed of 20 kms. per hour, truck No. M.P.F. 7090 came with high speed driven rashly and negligently dashed against the scooter resulting in serious injuries to the claimant and his wife Smt. Archana Trivedi and she died of the same.3. The matter was reported to the Police of Habibganj, Bhopal and Crime No. 10 of 1990 was registered. It is stated that the deceased was graduate from Jiwaji Rao University, Gwalior and was desirous of Government service which she was likely to get very soon. At the time of accident, she was doing knitting and weaving work at home and earning more than Rs. 1500.00 per month. Due to this...
National Insurance Co. Ltd. Vs. Shri Chand Ratan and Others
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: 2003ACJ361; 2001(3)MPHT130; 2001(2)MPLJ299
Shambhoo Singh, J.1. This judgment shall govern the disposal of M.A. No. 197/95 filed by National Insurance Co. and M.A. No. 182/95 filed by the claimants for enhancement of compensation amount against the award dated 20-12-94 passed by Addl. M.A.C.T., Dewas in Claim Case No. 85/93.2. The claimants' case is that on 19-8-90 their son, the deceased Suresh Kumar was coming in taxi Car No. M.O.D. 6151, belonging to non-applicant No. 1, driven by non-applicant No. 2 from Bhopal and was going to Indore. Near Jetpura village truck No. C.P.J. 6818 belonging to non-applicant No. 4, driven by non-applicant No. 5 and insured with non-applicant No. 6 was parked without parking lights on or any signal. At about 11 p.m. the Car No. M.O.D. 6151 came from Bhopal side and dashed against the back portion of the truck No. C.P.J. 6818, as a result of which Suresh Kumar sustained injuries and died on the spot. The deceased was aged about 20 years. He was proprietor ofBarkha Bottle Bhandar and was earning R...
Poonamchand JaIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: II(2001)DMC499; 2001(2)MPLJ61
ORDERDipak Misra, J. 1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of writ of certiorari for quashment of order passed by the State Government vide Annexure-Pl.2. The facts as have been depicted are that the petitioner along with some other family members was charge-sheeted in respect of offences punishable under Sections 302, 498A and 304B/34 of the Indian Penal Code (in short 'the I.P.C), in Crime No. 81/2000 pending before the learned Chief Judicial Magistrate, Shahdol. It is averred in the writ petition that the deceased Jyotsna was married to the son of the petitioner and she expired on 281.2000 under unnatural circumstances. The further allegation of the prosecution is that said Jyotsna was ill-treated for demand of dowry and death had occurred due it asphyxia caused by strangulation. On the basis of the said allegations criminal law was set in the motion by the parents and brot...
Smt. Prem Bai and anr. Vs. Shri Ramesh and Two ors.
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: 2001(5)MPHT547; 2002(1)MPLJ353
ORDERBhawani Singh, C. J.1. This appeal is directed against the award dated 5th November, 1993 of Motor Accident Claims Tribunal, Bhopal in M.C.C. No. 41 of 1993.2. Claimants are widow and son of deceased Sattulal. Deceased Sattulal was truck driver in Truck No. CIQ 755. He was going from Indore to Sagar and when he reached near village Kharkhedi at about 1.00 a.m., vehicle No. MIB 7246, driven rashly and negligently by respondent Ramesh, owned by Shri Kuldeep Singh and insured with Oriental Insurance Company dashed against this vehicle. As a result of this accident, Sattulal received injuries due to which he died on the spot.3. Consequently, claim petition was filed against respondents for compensation of Rs. 2,20,000/-. Allegation is that accident took place due to rash and negligent driving of vehicle No. MIB 7246 by driver Ramesh, otherwise the accident would not have taken place. The claimants were dependents on the deceased for survival. The deceased was earning Rs. 3000/-per mon...
Poonamchand JaIn Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: 2001(5)MPHT579
ORDERDipak Misra, J.1. Invoking the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of writ of certiorari for quashment of order passed by the State Government vide Annexure-P. 1.2. The facts as have been depicted are that the petitioner alongwith some other family members was charge-sheeted in respect of offences punishable under Sections 302, 498A and 304B/34 of the Indian Penal Code (in short 'the I.P.C.') in Crime No. 81/2000 pending before the learned Chief Judicial Magistrate, Shahdol. It is averred in the writ, petition that the deceased Jyotsna was married to the son of the petitioner and she expired on 284-2000 under unnatural circumstances. The further allegation of the prosecution is that said Jyotsna was illtreated for demand of dowry and death had occurred due to asphyxia caused by strangulation. On the basis of the said allegations criminal law was set in motion by the parents and brothe...
Suresh Chand Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: 2001(5)MPHT527
Arun Mishra, J.1. Appellant has been convicted for offence under Section 304 Part-I I.P.C. and sentenced to R.I. for six years, fine of Rs. 2000/-, in default of payment of fine, to undergo further six month's R.I.2. Initially accused appellant was charged for offence under Section 307/34 I.P.C., but, later on it was converted to one under Section 302/34 I.P.C.3. The allegation against the appellant as well as two acquitted accused persons was that the appellant inflicted injury on deceased Rampyari Bai by an axe on her head, due to which she suffered fracture, laceration of brain and she ultimately died. The incident took place on 25-11-1985. She died on 28-1-1986 while she was still under treatment for the injury suffered. As per the prosecution case, deceased Rampyari Bai was cleaning utensils in front of her house on 25-11-1985 at about 12:30 p.m. There was previous litigation with the accused persons. When acquitted accused Ramesh came back from the Court, he spitted when she was ...
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