Madhya Pradesh Court May 2001 Judgments
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State of M.P. and Others Vs. Balveer Singh and Others
Court: Madhya Pradesh
Decided on: May-16-2001
Reported in: AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
S.P. Srivastava, J.1. Finding a mist of confusion in the scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, in regard to the exclusion of the jurisdiction of the Civil Court in the matters relating to various rights which may require adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this Court, two learned Single Judges of this Court thought it appropriate to refer the questions of law framed by them for being considered and answered by a Full Bench so that the position in law may be clarified and this is how this matter has come up for consideration before the present Full Bench constituted by Hon'ble the Chief Justice.2. One of the learned Single Judges while hearing the aforementioned four second appeals involving the substantial question of law as to whether in view of the provisions of Section 57 of the Madhya Pradesh Land Revenue Code, the Civil Court h...
M.P. Electricity Board and Others Vs. Vasantrao Shinde
Court: Madhya Pradesh
Decided on: May-16-2001
Reported in: 2001(4)MPHT19
ORDERS.P. Srivastava, J. 1. This Letters Patent Appeal is directed against an ex parte interlocutory order passed by a learned Single Judge whereunder the present appellants had been directed to ensure that the petitioner/respondent is allowed to work and be paid monthly salary and allowances of the post of Telephone Operator/T.A. Grade-II until further orders.2. We have heard the learned counsel representing the appellants as well as the learned counsel representing the petitioner/respondent, and have carefully perused the record.3. The writ petition giving rise to his appeal had been filed praying for a direction requiring the present appellants to absorb and regularise the service of the petitioner on the post of Telephone Operator or on equivalent post of Testing Assistant, Grade-II with a further direction requiring the appellants to pay to the petitioner the pay and allowances attached to the post of Telephone Operator with effect from 3-10-1991. It had further been prayed that t...
Harbhajan Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-16-2001
Reported in: 2002CriLJ3332; I(2002)DMC546; 2001(4)MPHT136; 2001(3)MPLJ394
ORDERS.C. Pandey, J. 1. This revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the orders dated 21-7-2000 passed by the CJM, Damoh and 29-12-2000 passed by the learned Judicial Magistrate First Class, Damoh (who presided on that day in absence of the CJM) in Criminal Case No. 1355/2000.2. The facts of this case disclose that applicant married Smt. Amarjeet Kaur on 14-9-97 according to the rites and customs prevalent in Sikh community. According to facts stated in the memo of revision the applicant andhis wife Smt, Amarjeet Kaur lived alongwith the parents of the applicant at Narsinghpur till 27-9-98. Thereafter she lived with the applicant in a separate house situate at Anand Nagar Colony, Narsinghpur. Subsequently she became pregnant and she went to matrimonial home at Damoh on 3-4-98. On 25-7-99 a male child was born to her. It appears according to memo of revision that after the birth of child the relations between the applicant a...
Union of India (Uoi) Vs. Smt. Mulko Bai
Court: Madhya Pradesh
Decided on: May-16-2001
Reported in: 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407
Arun Mishra, J. 1. Union of India has filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987, aggrieved by award dated 24-3-1999 passed by the Railway Claims Tribunal, Bhopal in O.A. No. 424/97.2. The Claims Tribunal has awarded a sum of Rs. 1,80,000/- as compensation to the respondent/claimant for amputation of her left arm above elbow. Mulko Bai had met with an accident on 17-5-1991 when she fell down from a train at Sanchi Railway station in between Beena and Bhopal, train over run her resulting in the said injury. The case has a chequered history. The claim petition was filed before the Claims Tribunal on 25-1-1993. It appears that the Claims Tribunal vide order dated 14-12-1994 ordered the claim petition to be transferred to the Civil Court for its trial. The case was transferred to the Civil Court for trial before the 4th Addl. Sessions Judge. Later on an objection was raised by the Union of India about the jurisdiction of Civil Court to try the case b...
Phullibai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-16-2001
Reported in: 2001(5)MPHT445; 2002(1)MPLJ301
1. Sole appellant, being aggrieved by her conviction for offence under Section 302 of the Indian Penal Code and sentence of rigorous imprisonment for life passed by Ist Addl. Sessions Judge, Sidhi in Sessions Trial No. 44/89 by judgment dated 29-6-92, has preferred this appeal.2. It is somewhat an unusual case. Here, the allegation against the appellant, who is wife of the deceased Udaibhan is that she poured kerosene oil on his body and set him on fire. According to the prosecution on 22-9-88 deceased Udaibhan was staying in his Sasural in village Semriha alongwith his wife appellant Phulli. Appellant Phulli, according to the prosecution, had illicit relations with her brother-in-law and appellant did not like his stay at Sasural. Prosecution story further is that on 22-9-88 appellant besides other accused persons (since acquitted) ran to assault Udaibhan and threatened him to leave the village. On the said date at 10 A.M. while Udaibhan was lying in his Sasural because he had fever, ...
Union of India (Uoi) Vs. Mulko Bai
Court: Madhya Pradesh
Decided on: May-16-2001
Reported in: III(2003)ACC743
Arun Mishra, J.1. Union of India has filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987, aggrieved by the award dated 24.3.1999 passed by the Railway Claims Tribunal, Bhopal in O.A. No. 424 of 1997.2. The Claims Tribunal has awarded a sum of Rs. 1,80,000/- as compensation to the respondent-claimant for amputation of her left arm above elbow. Mulko Bai had met with an accident on 17.5.1991 when she fell down from a train at Sanchi Railway Station in between Beena and Bhopal, train overran her resulting in the said injury. The case has a chequered history. The claim petition was filed before the Claims Tribunal on 25.1.1993. It appears that the Claims Tribunal vide order dated 14.12.94 ordered the claim petition to be transferred to the Civil Court for its trial. The case was transferred to the civil Court for trial before the 4th Addl. Sessions Judge. Later on an objection was raised by the Union of India about the jurisdiction of Civil Court to try the c...
Ramsingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-15-2001
Reported in: 2001(3)MPHT317
Shambhoo Singh, J. 1. This appeal is directed by the accused-appellant against the judgment & order dated 30-6-89 passed by Ist A.S.J., Mandsaur in S.T. No. 36/88 wh ereby the appellant was convicted for offence under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act') and sentenced to ten years R.I. and to pay fine of Rs. 1,00,000/-, in default of payment of fine, two years further R.I. 2. The prosecution case, in brief, is that on 17-3-1987 Inspector Shyamrao received information from informant that the appellant Ram Singh and Ramesh Chandra (acquitted accused) were to bring opium from village Gujar Bardiya. The Inspectors Shyam Rao and Abdul Samad Khan and Sub-Inspector Devidin, Panch witnesses Nandlal and Rameshwar came in aJeep and stayed near Ramlal Patidar's well where path ways of villages Luhari Sheikh and Luhari Shrpat meet. At about 10 p.m. one motor cycle came from the side of village Gujar Bardiya. The raiding party gave sig...
Govind Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-15-2001
Reported in: 2001(4)MPHT466
ORDERS.C. Pandey, J. 1. This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the orders dated 4-4-2001 and 17-4-2001 passed by the Addl. Sessions Judge, Sihora in Sessions Trial No. 103/95. 2. The facts of this case disclose that the relevant FSL reports of Forensic Science Laboratory, Sagar were filed on 1-8-2000. The were not the originals but were alleged certified copies. Copies of the FSL reported were given to the counsel for the accused persons. No application under Section 79 of the Indian Evidence Act (for short 'the Act') was filed on that date. Therefore, it was not known to the accused person on 1 -8-2000 if the prosecution wanted to examine the scientific expert who made the reports for proving the copies. It is on 4-9-2000 an application under Section 79 of the Act for exhibiting the alleged certified copies of the FSL reports was filed. The learned Trial Judge accepted the two reports of FSL, Sagar stating t...
Smt. Shobha Vs. Ambaram and ors.
Court: Madhya Pradesh
Decided on: May-15-2001
Reported in: II(2001)ACC245
Shambhoo Singh, J.1. This appeal is directed by the claimant against the award dated 30.1.2001 passed by the Fourth Member, M.A.C.T., Dewas, in Claim Case No. 18/2000 whereby the appellant was awarded compensation of Rs. 1,33,500/- with interest at the rate of 12 per cent per annum from the date of the claim application.2. The facts of the case, in brief, are that on 2.11.1990 the deceased Dilip Sharma, the son of the appellant-claimant, was going on motor-cycle as pillion rider, driven by Ishwar Singh. When this motor cycle came near M.P.E.B. Grid, non-applicant No. 1 came from opposite side driving Tata Sumo vehicle bearing registration No. M.P. 09-S-3198, belonging to the respondent No. 2 and insured with the respondent No. 3, in rash and negligent manner and dashed against the motor cycle as a result of which Dilip Sharma sustained serious injuries. He was admitted in M.Y. Hospital and thereafter was shifted to T. Choitram Hospital where he died on 13.11.1999. The appellant filed c...
Lakhanlal Sahu Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: May-14-2001
Reported in: 2001(5)MPHT360
ORDERS.K. Kulshrestha, J.1. By this petition, the petitioner has challenged the order dated 7-12-2000 (Annexure P-10), by which he has been transferred in the same capacity till further orders on deputation to Municipal Corporation, Gwalior from Municipal Corporation, Sagar. Initially he had challenged his transfer on the ground that as the petitioner was officiating on the post of Executive Engineer and was in receipt of pay for the said post, the transfer of the petitioner as Assistant Engineer had the effect of lowering his status and putting him in a disadvantageous position in respect of pay and allowances but later by an amendment it has also been challenged on the ground that if Sub-sections (5) & (6) of Section 58 of the M.P. Municipal Corporation Act, 1956 (hereinafter referred to as the 'Act') are read conjointly, the State Government can order such transfers without the consent of the employee concerned of the Corporation only in exceptional cases. Reference has also been ma...
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