Madhya Pradesh Court March 2001 Judgments
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Punaram Kulesh Vs. the Secretary, Diocesan Education Society, Lalipur, ...
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: 2001(4)MPHT351; 2001(3)MPLJ184
ORDERS.K. Kulshrestha, J.1. The petitioner Punaram Kulesh in W.P. No. 4465 of 1999 seeks a writ for quashing the order dated 26-4-1999 (Annexure P-l) passed by respondent No. 1 by which he has been transferred from Mandla to Seoni to another school of the respondent No. 1 and in his place one Vinsent Khalco has been brought from Seoni to Mandla as Head Master. The petitioner also seeks a direction for payment of salary to him from the date of the said order of transfer.2. The case of the petitioner is that the transfer order having been passed without approval of the Deputy Director of Education, as required, was cancelled by respondent No. 3 Deputy Director by order dated 21-6-1999 (Annexure P-5) with a direction to the school not to relieve the petitioner from the post, but still the petitioner has not been continued at Mandla nor paid any salary for the period subsequent to the date of his transfer by the impugned order Annexure P-l.3. Learned counsel for the petitioner has invited ...
Dr. K.K. Khare Vs. the Chief Secretary and 2 ors.
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: 2001(5)MPHT69; 2001(2)MPLJ642
ORDERBhawani Singh, C.J.1. The petitioner has challenged the order of the Madhya Pradesh State Administrative Tribunal, Bhopal Bench, Bhopal, dated January 27, 1998, passed in Original Application No. 76/97. Minimal facts emerging out of the record of this case may be narrated.2. The petitioner, Dr. K.K. Khare, was appointed as Specialist in Public Health and Family Welfare Department on 24-4-1968. Thereafter, he was promoted as Chief Medical Officer in 1989 followed by promotion as Joint Director on 8-7-1992. Dr. L.P. Mathur was appointed Specialist on 22-4-1964. He was promoted Chief Medical Officer and then Joint Director on 8-7-1992. In the seniority list dated 3-1-1996 (Annexure P/2), petitioner has been shown senior to Dr. L.P. Mathur.3. In the State of Madhya Pradesh, there were two posts, namely, Director, Public Health & Family Welfare and Director, Medical Services. Both the posts were vacant, therefore, exigency was felt to fill up these posts simultaneously, According to Ma...
Ajay Singh Vs. Madhyamik Shiksha Mandal M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: AIR2002MP38; 2001(3)MPLJ35
ORDERDipak Misra, J. 1. The petitioner who is in his teens has been compelled to knock at the doors of justice by invoking extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issue of writ of certiorari for quashment of order dated 6-1-2001 contained in Annexure P-6 and to further issue a writ of mandamus commanding the respondents to permit him to appear in the Higher Secondary School Certificate Examination, 2001 as a regular student.2. The facts as have been unfolded in the petition are that the petitioner appeared in the High School Certificate Examination in the year 1998 conducted by the Board of Secondary Education (hereinafter referred to as 'the Board') as a result student of Government Higher Secondary School Ganesh Ganj Ranjhi, Jabalpur and passed the same in second division. Thereafter, he took admission in St. Marys' Higher Secondary School. Vehicle Factory Jabalpur, Estate. Jabalpur and studied as a regular student in the ...
New India Assurance Co. Ltd. and anr. Vs. Rajni Bai and ors.
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: I(2002)ACC56; 2002ACJ56
Bhawani Singh, C.J.1. We propose to dispose of both these appeals (Misc. Appeal No. 301 of 1997: New India Assurance Co. Ltd. v. Rajni Bai and Misc. Appeal No. 704 of 1997: Surjeet Singh v. Rajni Bai) by this common order, since they arise out of the same accident, award and between the same parties.2. The claimants are widow, children and parents of deceased Kanhaiya. The allegation is that Kanhaiya was going by truck No. MP-09-K 3260 on 18.12.1994 from Narmada Nagar to Punasa. Sudden application of brakes, the truck was overturned, Kanhaiya sustained fatal injuries resulting in his death. The allegation is also that the deceased Kanhaiya was travelling in the truck along with his goods. The accident took place due to rash and negligent driving, otherwise it would not have taken place nor the occupants of the truck suffered serious injuries. At the time of accident, Kanhaiya was healthy young man of 30-32 age and was driver of heavy vehicle, earning Rs. 3,000 per month. He had three a...
Sheel Kumar Choubey Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: 2001CriLJ3728
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ in the nature of certiorari for quashment of entire investigation relating to Crime No. 99/94 registered at Special Police Establishment, Lokayukt Office, Bhopal and further to quash the First Information Report contained in Annexure P-1.2. The facts as have been undraped are that the petitioner is a Sub-Engineer in the Water Resources Department, Government of Madhya Pradesh since 13-9-74. At the time of joining of the post the pay scale of Sub-Engineer was Rs. 280-480. Subsequently, the said pay scale was revised. During the period 1974-79 the petitioner was posted at various places, namely, Saraipali Mahasamund, Raipur and from 1979-80 he was at Waidha, and thereafter he was continuing in Damoh district. During the said period he did not have to spend much and saved substantial amount out of his salary. A c...
Shyamlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: 2002CriLJ344
N.K. Jain, J. 1. Both these matters, the Death Reference made under Section 366 of the Code of Criminal Procedure and the Appeal preferred under Section 374 of the Code by accused Shyamlal, arise out of the judgment dated 29-11-2000, rendered by Shri J. S. Verma, Additional Sessions Judge, Bhanpura, in Sessions Trial No. 73/2000, convicting accused Shyamlal under Sections 302, 376 and 201 of the Indian Penal Code. He is sentenced to Death for the offence under Section 302 of IPC, No separate sentences have been passed for the offences under Sections 376 and 201 of IPC.2. It was indeed a gruesome crime which took place on 2nd February, 2000, when 8 years old female child namely; Kaushalya was raped and then throttled to death. Deceased Kaushalya lived with her maternal uncle Ramlal (PW 5) at village Dhuankhe Ji. Accused Shyamlal resided in the neighbour -hood of Ramlal. Kaushalya left home around 11-00 a.m. but did not return. Her maternal-uncles made search for her in and around the vi...
Hamid Khan Vs. Smt. Guddibai and Six ors.
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: 2001(5)MPHT558
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated 30th September 1997 of Motor Accident Claims Tribunal, Hoshangabad in Claims Case No. 67 of 1995.2. Accident took place on 18-2-1995 when deceased Suresh Ahirwar was travelling in Jeep No. MP 05/7211 which met with accident resulting in his death. Allegation is that accident took place due to rash and negligent driving of the Jeep by the driver. It turned turtle resulting in the death of deceased Suresh Ahirwar who has earning Rs. 100.00 per day.3. Defence taken is that vehicle was being driven carefully. Accident took place due to bursting of tyre resulting in death of deceased Suresh Ahirwar. Neither passengers were sitting in it nor it was being driven rashly. Deceased was not going by this vehicle which was insured. The vehicle had been sold prior to the taking place of the accident. Deceased was not earning Rs. 100.00 per day, nor are the claimants entitled to compensation. The jeep was going to Piparia for...
Hamid Khan Vs. Guddibai and ors.
Court: Madhya Pradesh
Decided on: Mar-08-2001
Reported in: 2003ACJ521
Bhawani Singh, C.J.1. This appeal is directed against the award dated 30.9.1997 of Motor Accidents Claims Tribunal, Hoshangabad in Claim Case No. 67 of 1995.2. Accident took place on 18.2.1995 when the deceased Suresh Ahirwar was travelling in jeep No. MP 05-7211 which met with accident resulting in his death. Allegation is that accident took place due to rash and negligent driving of the jeep by the driver. It turned turtle resulting in the death of deceased Suresh Ahirwar who was earning Rs. 100 per day.3. Defence taken is that vehicle was being driven carefully. Accident took place due to bursting of tyre resulting in death of deceased Suresh Ahirwar. Neither passengers were sitting in it nor it was being driven rashly. Deceased was not going by this vehicle which was insured. The vehicle has been sold prior to the taking place of the accident. Deceased was not earning Rs. 100 per day; nor are the claimants entitled to compensation. The jeep was going to Piparia for servicing and de...
V.D. Handa Vs. Vipul Handa
Court: Madhya Pradesh
Decided on: Mar-07-2001
Reported in: 2001CriLJ3454; 2001(2)MPHT133; 2001(2)MPLJ688
ORDERS.P. Khare, J. 1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for quashing the order dated 21-8-2000 of the Chief Judicial Magistrate, Satna in Criminal Case No. 1186 of 2000 by which a complaint has been registered under Sections 420, 467 and 468, IPC against applicant V.D. Handa and process has been issued against him.2. Sitaram Handa had executed a Will dated 1-6-1968. He was owner of a plot 120 x 67 sq. ft. khasra No. 264/3 in Simaria Chowk, Satna. Half of this plot was bequeathed by him to his wife Prakash Devi. She obtained a probate in respect of her share of the plot in probate case No. 1 -A/69 from the Court of Additional Sessions Judge, Salna. The original Will was produced in the probate case.3. The case of the complainant Vipul Handa in the complaint is that the carbon copy of the Will in the office of the Sub-Registrar has been partly forged by applicant V.D. Handa. That part has been shown i...
Ashok Kumar Kirtiwar and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-07-2001
Reported in: 2001CriLJ2785; 2001(3)MPHT286; 2001(2)MPLJ264
ORDERN.K. Jain, J. 1. It is aptly said : 'A Judge must not alter the material of which the Act is woven, but he can and should iron out the creases.' --Lord Denning.2. We are also required to iron out some such creases which have surfaced on account of two Single Bench conflicting decisions of this Court in S.G. Pathak v. State of M.P. (1995 JLJ 225) and Harmahendra Singh v. State of M.P. (Cr. Appeal No. 865/96) decided on 12-5-2000, as to the interpretation of Section 3 of the M.P. Special Police Establishment Act, 1947 (for short, 'the M.P. Act of 1947'). On reference being made by one of us (Jain, J), these matters have been placed by the Order of Hon'ble the Chief Justice, before us to answer the question extracted below :'Whether the M.P. Special Police Establishment, constituted under the M.P. Special Police Establishment Act, 1947, has power to investigate into the offences under the Prevention of Corruption Act, 1947 as also the Act of 1988, against the employees of the Central...
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