Madhya Pradesh Court July 2001 Judgments
Yesu and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2001
Reported in: 2001(4)MPHT199; 2001(3)MPLJ302
ORDERS.C. Pandey, J. 1. The applicant No. 1 Yesu and applicant No. 2 Beeru were convicted under Section 392 of the IPC and were sentenced to undergo R.I. for two years each and were required to pay a fine of Rs. 500.00 each or in default they were sentenced to undergo simple imprisonment for one month each- This judgment dated 6-11-2000 in Criminal Appeal Nos. 244 and 245/2000 was challenged by the applicants by filing the Criminal Revision was filed on 2-1-2001. It was listed for admission and for grant of bail on 8-1-2001. The revision was admitted and the applicants were granted bail. It appears, that applicant No. 1 Yesu, had filed a jail appeal against the impugned judgment dated 6-11-2000 passed in Criminal (Jail) Appeal Nos. 244 and 245/2000. This Jail Appeal was received in the office of this Court on 8-1-2001. Since the judgment appealed against was not appealable, the jail appeal did not lie. There is no provision inthe Code of Criminal Procedure for filing a Criminal Revisio...
Tag this Judgment!Shahajad Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-31-2001
Reported in: 2002CriLJ1587; 2001(3)MPLJ600
J.C. Chitre, J.1. Detenu Shahajad S/o Rasid has filed this petition through his advocate Shri S.L. Nagar for assailing the detention order passed by the District Magistrate, Indore dated 16-4-2001 by which detenu Shahjad S/o Rasid R/o 6, Bandra Compound, Chhoti Gwal Toli, Indore, has been detained in view of provisions of Section 3(2) of the National Security Act, 1980 (here in after referred to as 'NSA' for conveniene).2. Few facts need to be stated for the purpose of unfolding the matter and for better understanding it. It appears from the record that the District Magistrate Indore, got the information that detenu Shahjad S/o Rasid was active worker of Student of Islamic Movement of India (SIMI) and was engaging himself in such activities which were likely to create communal tension at Indore which was likely to cause prejudice to the maintenance of public order. He got the information that the detenu was sticking posters at various places which were exhibiting the speeches of Osma B...
Tag this Judgment!Ajay Kumar Vs. Madhya Pradesh State Road Transport Corporation and anr ...
Court: Madhya Pradesh
Decided on: Jul-31-2001
Reported in: 2003ACJ1206
Bhawani Singh, C.J. 1. This appeal is directed against the award dated 26.3.1986 passed by the Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 23 of 1981.2. On 20.9.1980, the claimant was going towards Roshanpura Naka as pillion rider with his brother, Vijay Kumar, on the scooter No. MPD 739 at 6.30 a.m. The scooter was being driven at normal speed by his brother, Vijay Kumar, P.W. 1. Abdul Kadir, driving the city bus No. MPG 8917 rashly and negligently, came from opposite direction and dashed his bus against the scooter. The allegation is that the bus driver had crossed the middle line of the road and knocked down the scooter, which was on wrong side of the bus. The impact of the bus against the scooter was such that it was thrown to a distance. The claimant suffered multiple injuries in this accident. He remained in hospital from 20.9.1980 to 26.10.1980. For three days, he remained unconscious, he suffered double fracture in the right leg, therefore, he suffered permanent ...
Tag this Judgment!S.P. Anand and anr. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Jul-30-2001
Reported in: AIR2002MP51; 2002(1)MPHT520; 2002(1)MPLJ213
ORDERBhawani Singh, C.J.1. Petitioners have preferred this writ petition against respondents challenging Constitutional validity of insertion of '60 years' in Article 334 Constitution of India in place of '50 years' by the Constitution 79th Amendment Act, 1999 from 25-1-2000. They claim to be persons dedicated to the rule of law, therefore, want that this matter be entertained as Public Interest Litigation.2. Registry of this Court has pointed out certain defects in the writ petition, one such being that petitioners have not deposited Rs. 2000.00 by way of security as per Division Bench of this Court in S.P. Anand v. State of M.P. and Ors. (W.P. No. 988 of 1999) dated 9-9-1999 = 2000(1) M.P.H.T. 203. They claim that their petition be heard without asking them to remove the defect as to non-deposit of security amount on the ground that this is illegal and without jurisdiction. They cited decisions of Apex Court in East India Commercial Company Limited, Calcutta and Anr v. Collector of C...
Tag this Judgment!Mohd. Iqbal and ors. Vs. Mohd. Wasim and ors.
Court: Madhya Pradesh
Decided on: Jul-30-2001
Reported in: AIR2002MP162; 2001(4)MPHT357; 2001(3)MPLJ488
ORDERV.K. Agarwal, J.1. This appeal is directed against the order dated 9-5-2001 in Civil Suit No. 6-A/2001 by First Additional District Judge, Bhopal, allowing the plaintiffs/respondents' application under Order 39 Rules 1 and 2 of CPC for temporary injunction, restraining the defendants/appellants from using design of label marked as Ex. P-1/B by the Trial Court or any other label of similar design, to the trade mark got registered by the plaintiffs under registration No. 469805.2. It is not in dispute that, initially the appellant No. 1 as well as respondents and their predecessors were partners of the firm known as 'M/s. Kale Khan Mohd. Haneef', which carried on the business of manufacture and sale of 'Bidis'. Subsequently, appellant No. 1 was removed from the said partnership and started his own business of manufacturing and selling of 'Bidis'. Presently the respondent Nos. 2 to 11 are the partners of respondent No. 12 firm 'M/s. Kale Khan Mohd. Haneef'. It is also not in dispute ...
Tag this Judgment!Sudama Prasad Yadav and ors. Vs. Hetram and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2001
Reported in: 2001(4)MPHT448
Bhawani Singh, C.J.1. This appeal is directed against the award dated July 29, 1992, passed by the Motor Accident Claims Tribunal, Jabalpur, in Claim Case No. 28/92.2. Samanua Yadav (deceased) was coming from Surkhi Pondi Dam towards village Juhala (Katni) at about 9.15 p.m. on 15-6-1996 along with Darbarilal Patel. The Truck No. MPK 3137 driven rashly and negligently by Hetram, came from Katni side and dashed against the deceased. As a result of this accident, Samanua Yadav died on the spot. Police registered the case under Section 304A of the Indian Penal Code against the driver. The claim petition was filed lor compensation of Rs. 2,36,000/-. The owner and driver chose to remain absent, therefore, proceeded ex parte.3. The Oriental Insurance Company Ltd. contested the claim and alleged that the claim petition did not mention the policy number, under which the vehicle was insured. The deceased was neither possessed the land nor manufactured bidis. Therefore, the claimants did not suf...
Tag this Judgment!Abeda Khan and ors. Vs. Bhagwant Kaur and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2001
Reported in: 2002ACJ2099; 2001(4)MPHT446; 2002(2)MPLJ16
Bhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accident Claims Tribunal, Raisen, arising out of Claim Case No. 187/94, dated 28th July, 1995.2. Claimants are wife, sons and daughter of Mohammad Akbar Khan (deceased), aged 37 years, who died in the accident on 23-7-1992 at 8.30 p.m. when he was returning home on his scooter C.I.C. 5244 and truck No. C.I.I. 8717, owned by Smt. Bhagwant Kaur, driven by Darshan Singh, rashly and negligently and insured with the New India Insurance Company dashed against him with such a force that the scooter fall in pieces and deceased died at the spot. The body was taken to District Hospital for autopsy and case under Section 304A, Indian Penal Code, was registered.3. The deceased had passed I.T.I. Fitter Diploma after Higher Secondary Examination. He was running a cottage industry, 'Diamond Fabricates', apart from working in Som Distillery. He was leading a good life and his children were studying in English Medium School. Out ...
Tag this Judgment!M.V. Subhash Vs. New India Assurance Company Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2001
Reported in: 2002(5)MPHT456
ORDERBhawani Singh, C.J.1. This appeal is directed against award of Motor Accident Claims Tribunal, Shahdol in Claim Case No. 33 of 1995, dated October 1, 1997.2. Claimant/appellant alleges that he is a duly qualified Refrigeration and Air-conditioning Mechanic by profession earning Rs. 3,500.00 per month in his home town in Kerala. He came to Birsinghpur, Pali in search of work where installation of a large Power House Project was going on. His brother was working in that Project. On 13-8-1994, when he was going to the place of work by motor cycle, he was hit by speeding jeep No. MP-18/2621 driven rashly and negligently by Brijlal Sen, owned by Komal Prasad Gupta and insured with the New India Assurance Company Limited. He was taken to Primary Health Centre, Pali wherefrom he was shifted to District Hospital, Shahdol. After some treatment for 10-12 days, he was taken to Kerala for further treatment. He was subjected to surgical operation also.3. Claim for Rs. 19,34,000.00 has been rai...
Tag this Judgment!Buddhi Ram Prasad Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jul-25-2001
Reported in: 2001(3)MPHT313; 2002(1)MPLJ151
ORDER1. Heard the learned counsel for the petitioner as well as learned Govt. Advocate representing the contesting respondents.2. The petitioner who felt aggrieved by an order transferring him fromGwalior to Dabra, had approached the M.P. State Administrative Tribunal, seeking quashing of the same.3. Before the Tribunal, the respondents took a stand that the petitioner was not being sent to Dabra as in view of the order dated 29-10-1999, which superseded the order dated 26-5-2001, the petitioner was required to join on transfer at Shajapur. In the aforesaid circumstances, the Tribunal dismissed the application seeking quashing of the transfer of the petitioner from Gwalior to Dabra, as having been rendered infructuous. 4. The learned counsel for the petitioner has urged that the petition had not been rendered infructuous as the order dated 29-10-99 transferring him from Gwalior to Shajapur, which had been challenged be means of O.A. No. 640/2001, was pending consideration before the Tr...
Tag this Judgment!Gwalior Development Authority Vs. Harishankar Sharma
Court: Madhya Pradesh
Decided on: Jul-25-2001
Reported in: AIR2002MP20; 2001(4)MPHT177; 2001(3)MPLJ610
ORDERS.P. Srivastava, J. 1. Heard the learned counsel for the respondent-applicant in support of this application and the learned counsel for the appellant in opposition thereto.2. Perused the record.3. During the pendency of the proceedings before the Labour Court, an interim order had been granted in favour of the contesting respondent-workman requiring the employer - appellant to ensure that till the decision of the dispute, the workman will be allowed to continue to work and if the employer - management wants to retrench any workman it had to follow the provisions of the law for retrenchment.4. The aforesaid interim order granted by the Labour Court was challenged by the employer, the present appellant in revision before the Industrial Court without any success.5. Thereafter, the writ petition giving rise to the present Letters Patent Appeal was filed by the Gwalior Development Authority (hereinafter referred to as the 'employer' for short) challenging the interim order referred to...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- Next ›
- Last »