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Madhya Pradesh Court August 2001 Judgments

Aug 16 2001

Vijay Ingle Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-16-2001

Reported in: 2001(4)MPHT474

R.B. Dixit, J. 1. Feeling aggrieved by Judgment and Order of conviction dated 27-8-1992, passed in Sessions Trial No. 192/86, by IIIrd Additional Judge to the Sessions Judge, Gwalior, whereby convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life, the appellant has come up in appeal seeking redress praying for setting aside of the aforesaid conviction passed against him. 2. The prosecution case, in brief, is that on 26-5-1986 at about 9.30 p.m., when Ram Pal Singh (P. W. 6) had just come from his shop and was putting off his clothes in the court-yard, and his father was taking meals, at that time deceased Chhannu (Baua) came running inside the house shouting for help. The accused/appellant was following him with knife in his hand. He threw the deceased on the ground and started inflicting injuries with knife. The deceased, however, rose and tried to run away when he was caught again by accused and was thrown on a cot. Accused then mercilessly inflic...

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Aug 16 2001

Shiv Prakash Trivedi Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Aug-16-2001

Reported in: 2002CriLJ1157

ORDERS.C. Pandey, J.1. The applicant has filed this revision under Section 397 of the Code of Criminal Procedure challenging the order dated 29th May, 1998 passed in special case No. 12/87.2. The applicant is facing trial for commission of offences which are liable to be punished by Section 468, 471, 120B of IPC and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act of 1988') or instead of the charges under aforesaid sections of the Act of 1988 under Section 5(1)(d) (for short 'the Act of 1947).3. The facts for determination of this revision are as follows. The applicant was serving as an Under Secretary in the Revenue Department of the State of Madhya Pradesh as an employee of the executive services of the State in 1984. In that capacity he was attached to Shri Muni Prasad Shukla, the Revenue Minister. It is alleged by the prosecution that the applicant by his acts and omissions helped Motor Parts Dealers Welfare Association, J...

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Aug 14 2001

Pawan Patel Vs. Union of India (Uoi) and ors.

Court: Madhya Pradesh

Decided on: Aug-14-2001

Reported in: 2002(1)MPHT514

Bhawani Singh, C.J.1. Through this writ petition, order of the Central Administrative Tribunal passed in O.A. No. 453 of 1999 dated September 15, 1999 has been challenged.2. Father of petitioner, late Mool Chand Patel, was serving in N.C.C. Bn. No. 1, Jabalpur. While in service, he died on 15-8-1994. Death certificate in support of this fact has been filed. The deceased left behind his widow and four grown up sons and daughters. They all are educated, therefore, need for immediate employment, after the death of the deceased was felt. Consequently, claim for appointment on compassionate ground was raised and ultimately the matter came before the Central Administrative Tribunal which has rejected the same by the impugned order.3. Shortly stated, the Central Administrative Tribunal found that the deceased has four sons and daughters and the widow who was Government employee before the death of her husband and was continuing in service after his death. As such, as per parameters for consid...

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Aug 14 2001

Oriental Insurance Company Vs. Mani Ram and anr.

Court: Madhya Pradesh

Decided on: Aug-14-2001

Reported in: 2003ACJ1181; 2001(4)MPHT235; 2002(1)MPLJ152

ORDERBhawani Singh, C.J. 1. Through this appeal, award of Commissioner, Workmen Compensation, Jabalpur in Claim Case No. 19 of 2000 dated 1-3-2001 has been challenged. 2. Mani Ram (50) was Conductor in dumper truck No. MP 20-G/11 19 owned by M/s. Kishan Lal Gupta. During the course of employment, the truck was parked after unloading the material. All of a sudden, it turned turtle as a result of which Maniram suffered fracture in the upper left arm. He filed claim before the Commissioner for Workmen's Compensation, Jabalpur for Rs. 1,83,708.00 stating that he was 50 years old, employed as Conductor with M/s Kishan Lal Gupta and because of injury, he could not perform duties of conductor as he had been doing before the taking place of the accident. This claim was opposed by the appellant. It is stated that taking place of accident was not attributable to it, therefore, it was not liable to pay compensation. After recording of evidence, the Commissioner has come to the conclusion that the...

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Aug 10 2001

State of M.P. Vs. Ashish Batham

Court: Madhya Pradesh

Decided on: Aug-10-2001

Reported in: 2002(4)MPHT272

J.G. Chitre, J.1. Both these matters are being decided by this common judgment and order because the Death Reference and the said appeal are arising out of the same incident. Learned Sessions Judge, Shajapur after passing the judgment and order on 30-6-2001 in the matter of Sessions Trial No. 112/99, after holding Ashish s/o Hari Narayan Batham r/o 8-B/2, Indira Bhavan Parisar, Professor Colony, Bhopal, guilty of offences punishable under provisions of Sections 449 and 302 of IPC and sentencing him to the sentence of death by hanging by neck till death. The reference arises because Ashish has been held guilty by the Sessions Judge, Shajapur, while deciding the said Sessions Trial for committing house trespass in order to commit offence in view of provisions of Section 449 of IPC and further holding him guilty of committing murder of Ku. Priti Mudgal daughter of Dr. Ramawatar Mudgal as well as for committing murder of Ku. Nidhi daughter of Dr. Ramawatar Mudgal and thereby committing off...

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Aug 10 2001

National Insurance Co. Ltd. Vs. Laxmi Narayan Dengare and ors.

Court: Madhya Pradesh

Decided on: Aug-10-2001

Reported in: 1(2002)ACC604

S.P. Srivastava, J.1. Heard.2. With the consent of the learned Counsels for the parties, these appeals are heard together and are being disposed of by a common order.3. These appeals which have been filed by the Insurer are directed against the award given by the Motor Accident Claims Tribunal, Datia in three claim cases which arose out of the same accident by the offending motor vehicles, a car bearing registration No. U.S.G. 5844 and a truck, a goods vehicle bearing registration No. CP.J, 7815.4. The accident had taken place on 8.2.1987 and the proceedings under Section 110-A of the Motor Vehicles Act, 1939 had been initiated by the defendants/ claimants pf the two deceased persons who had met their untimely death and the third claim east was by a person who had received the grievous injuries.5. In all the three appeals referred to hereinabove, the claimants have filed the cross-objections seeking enhancement o! the amount of compensation determined to be payable to the claimants vid...

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Aug 10 2001

National Insurance Co. Ltd. Vs. Rajendra Prasad and ors.

Court: Madhya Pradesh

Decided on: Aug-10-2001

Reported in: 2003ACJ1340

S.P. Srivastava, J. 1. Mr. S.S. Bansal, Advocate, for the appellant in all the three appeals.2. Mr. R.P. Gupta, Advocate, for the claimant(s) in all the three appeals.3. Mr. B.N. Malhotra, Advocate, representing the owner and driver of the car (Jata Shankar Dubey and Taj Khan) im-pleaded as respondents in all the three appeals is not present. Mr. D.C. Dubey, Advocate, who had also put in appearance for them is, however, present but he states that he has not received any instructions.4. Mr. M.P. Agarwal, Advocate for the New India Assurance Co. Ltd., Gwalior in all the three appeals.5. Heard.6. With the consent of the learned Counsel for the parties, these appeals are heard together and are being disposed of by a common order.7. These appeals which have been filed by the insurer are directed against the award given by Motor Accidents Claims Tribunal, Datia in three claim cases which arose out of the same accident by the offending motor vehicles, a car bearing registration No. USG 5844 a...

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Aug 10 2001

National Insurance Co. Ltd. Vs. Smt. Malti Gupta and ors.

Court: Madhya Pradesh

Decided on: Aug-10-2001

Reported in: II(2001)ACC730

S.P. Srivastava, J.1. Mr. S.S. Bansal, Advocate for the appellant in all the three appeals.2. Mr. R.P. Gupta, Advocate for the claimants in all the three appeals.3. Mr. B.N. Malhotra, Advocate representing the owner and driver of the car (Jata Shankar Dubey and Taj Khan) impleaded as respondents in all the three appeals is not present. Mr. D.C. Dubey, Advocate who had also put in appearance for them is however present but he states that he has not received any instructions.4. Mr. M.P. Agarwal, Advocate for the New India Assurance Co. Ltd., Gwalior in all the three appeals.5. Heard.6. With the consent of the learned Counsel for the parties, these appeals are heard together and are being disposed of by a common order.7. These appeals which have been filed by the insurer are directed against the award given by the Motor Accident Claims Tribunal, Datia in three claim cases which arose out of the same accident by the offending motor vehicles, a car bearing Registration No. U.S.G. 5844 and a...

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Aug 09 2001

Abdul Rashid and ors. Vs. Jitendra and ors.

Court: Madhya Pradesh

Decided on: Aug-09-2001

Reported in: 2003ACJ57

A.M. Sapre, J.1. Claimants are dissatisfied with what is awarded to them by the learned Claims Tribunal in their claim petition which was decided by the impugned award passed on 25.4.1998 by 1st A.M.A.C.T. Badwani, in Claim Case No. 53 of 1995. They want more compensation and hence, they are in appeal under Section 173 of the Motor Vehicles Act.2. Claimants (appellants herein) are the legal representatives of the deceased one Shakir Khan. Deceased was working as a motor mechanic. He was aged 30 years. On 22.8.1995, when deceased Shakir Khan was engaged in the repair of truck, at about 9 o'clock in the morning, the offending truck bearing No. MH 17-A 9394 came from the opposite direction and dashed the standing truck, on which deceased Shakir Khan was working. The impact of dash by offending truck on the standing truck was so violent that Shakir Khan died on the spot. This led to filing of a claim petition by the legal representatives of the deceased which included his father, mother, w...

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Aug 08 2001

State Bank of India Vs. Shri Shyamji Sales and ors.

Court: Madhya Pradesh

Decided on: Aug-08-2001

Reported in: AIR2003MP8; [2003]115CompCas567(MP); 2002(1)MPLJ221

Bhawani Singh, C.J. 1. This Letters Patent Appeal is directed against order of learned single Judge dated 13-10-1999 passed in W.P. No. 2425 of 1999 whereby judgment in T.A. No. 47 of 1998 dated 21-4-1999 has been set aside. 2. Shortly stated, appellant filed Civil Suit for recovery of loan of Rs. 10,30,991.00 against respondents when it was not paid. The Civil Suit was transferred to Debts Recovery Tribunal, Jabalpur for adjudication. By judgment dated 21-4-1999, recovery certificate for the amount of Rs. 10,30,991.00 carrying interest at the rate of 21.5% with quarterly interest along with other reliefs. has been issued by the Debts Recovery Tribunal. Instead of challenging this judgment, dated 21-4-1999 before the Appellate Tribunal under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short Act of 1993). The judgment-debtor sought to challenge the same in this Court through writ petition No. 2425 of 1999. Perusal of the judgment passed in ...

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