Madhya Pradesh Court January 2002 Judgments
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Shantibai and 2 ors. Vs. M.P.S.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Jan-17-2002
Reported in: III(2002)ACC214
ORDER1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act against the Award dated 10.3.1993 passed by First Additional M.A.C.T., Noemuch, Camp Manasa, District Mandsaur in Claim Case No. 54/ 1986, whereby dismissed the claim petition filed by the appellants for compensation for the death of Ghisalal on the ground that the claimants have failed to prove that the deceased Ghisalal died due to the injuries received in the accident and also on the ground that they have also failed to prove the rash and negligence of the driver, respondent No. 2 Shyamsunder, to claim compensation.2. Briefly stated, the facts of the case are: That on 22.3.1985 at about 7.30 a.m. in the morning deceased Ghisalal was going from Hadi Pipliya to Manasa on a bicycle slowly, completely on his left side, the bus bearing registration number MPW-7178, belonging to respondent No. 1 M.P.S.R.T.C, coming- from opposite side which was driven by respondent No. 2 Shyamsunder, rashly...
Naththusingh Gangrade Vs. Jaswant Singh
Court: Madhya Pradesh
Decided on: Jan-16-2002
Reported in: 2002(2)MPHT180
ORDERS.L. Kochar, J. 1. Having failed before the Appellate Court the petitioner has filed this petition under Section 482, Cr.PC for quashing the Criminal Case No. 209/99 pending before Judicial Magistrate First Class, Dharampuri under Section 138 of the Negotiable Instruments Act (for short, 'the Act').2. For adjudication of the petition, the facts in narrow compass are that the respondent filed a criminal complaint on 20-1-1999 under Section 138 of the Act. His case was that the petitioner had issued cheque No. 667317 for Rs. 20,000/- (Rupees twenty thousand) dated 30-11-1998. The same was presented for encashment on 14-12-1998, it was dishonoured for want of sufficient funds.3. After receiving the cheque back, the respondent sent a legal notice on 8-1-99 to the petitioner for the payment of the cheque amount but the same was not paid by the petitioner, therefore, complainant/respondent filed criminal complaint on 20-1-1999 before the Judicial Magistrate First Class, Dharampuri under...
Bhaskar Industries Ltd. Vs. Ajit Singh and anr.
Court: Madhya Pradesh
Decided on: Jan-16-2002
Reported in: 2002(5)MPHT459
ORDERNarain Singh 'Azad', J.1. Arguments heard.2. This order shall dispose of the following cases also :--(1) M.G.C. No. 4158/2000 (R.T. No. 256/99)(2) M.Cr.C No. 4159/2000 (R.T. No. 553/99)(3) M.Cr.C. No. 4160/2000 (R.T. No. 254/99)(4) M.Cr.C. No. 4161/2000 (R.T. No. 552/99)(5) M.Cr.C. No. 4162/2000 (R.T. No. 1034/98)(6) M.Cr.C. No. 4163/2000 (R.T. No. 551/99)(7) M.Cr.C. No. 4164/2000 (R.T. No. 255/99)(8) M.Cr.C. No. 4165/2000 (R.T. No. 258/99)(9) M.Cr.C No. 4166/2000 (R.T. No. 1550/98).2. In criminal complaint filed by this petitioner (in M.Cr.C. No. 4147/2000) against the respondents, which is registered as R.T. No. 555/99 in the Court of JMFC, Bhopal, for offence punishable under Section 138 of the Negotiable Instrument Act, the learned Magistrate rejected this prayer of these petitioners on 16-10-1999 that they are not required to execute personal bond, so also the surety bonds, as the case is that of summons nature. The petitioners challenged the aforesaid order in Criminal Revis...
Sukhdev Prasad Kanojiya Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-15-2002
Reported in: 2002(2)MPHT219; 2002(4)MPLJ141
ORDERDipak Misra, J. 1. The principal issue that arises for consideration in this writ petition is whether the respondent No. 4, Shri Durg Singh, was entitled to contest in the election for the post of Member of Board of Directors of Co-operative Society, Majholi.2. The facts as have been adumbrated in the writ petition are that the respondent No. 4 filed his nomination papers for the purpose of contesting as Member of Board of Directors of the aforesaid Society though he is not eligible to contest in such election having been convicted by Special Judge in Special Case No. 55/97 for commission of offence punishable under Section 325 read with Section 14 of the Indian Penal Code and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 1,000/-.3. It is not disputed at the Bar that the petitioner is a member of the said Society and he was having aspiration of becoming a member of the Committee which is called Board of Directors, as has been putforth by Mr.Ga...
Sharique Ali and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2002
Reported in: 2002(1)MPHT315
ORDERDipak Misra, J. 1. The centrum, issue that we are obligated to advert to in this batch of writ petitions, which are inseggregable and inseverable, is 'education' that makes a man a complete human being in its conceptual essence and connotativecontinuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'Vidya' in the following terms:--'VIDYA NAAM NARASYA ROOPAMADHIKAMPRACHHANNA GUPTAM DHANAMVIDYA BHOGAKARI YAASHAH SUKHAKARIYIVIDYA GURUNAM GURUHVIDYA BANDHUJANO VIDESHGAMANEVIDYAPARAM DAIVATAMVIDYA RAJASUPUJYATE NAHI DHANAMVIDYA BIHINAH PASHUH.'A free translation of the aforesaid verse would mean that education is the most resplendent exposition of a man and in it inheres the concept of quintessential treasure. It is the bedrock of all happiness, fame and pleasure. Education is the preceptor of the teacher and acts as a dear friend in travel and is the supreme God, the creative intelligence. It is education but not money which is honoured and respected in the roy...
Balmiki Kachhi Vs. Municipal Corporation, Jabalpur and anr.
Court: Madhya Pradesh
Decided on: Jan-11-2002
Reported in: [2002(94)FLR979]; 2002(2)MPHT558; 2002(2)MPLJ223
ORDERArun Mishra, J. 1. The dispute in the writ petition pertains to the payment of commuted pension; interest on retiral dues and payment of revised pension with effect from 1-1-1996.2. Mother of the petitioner, namely, Duyajee Bai was in the service of Municipal Corporation, Jabalpur; she served as a Gardner; she retired on 30th June, 97 and died on 16th July, 1998, Immediately on her retirement, she applied for commutation of pension to the extent of 1/10th which amounted to approximately about Rs. 20,000/-. She applied for commutation of pension immediately after retirement and also submitted his grievance as per Annexure P-2 on 31-1-98. Petitioner claims himself to be the sole nominee to receive the commuted value and other retiral dues. Petitioner filed representation; gratuity amount of Rs. 3,218/- was received in the month of September/October, 1999; whereas it should have been paid in July, 1997. Petitioner claims interest on the belated payment of gratuity; the payment of com...
Smt. Mamta Pateria and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2002
Reported in: 2002(5)MPHT76; 2002(4)MPLJ196
ORDERArun Mishra, J.1. These four writ petitions pertain to validity of selection of Shiksha Karmi Grade-III, made by Janpad Panchayat, Rajnagar in the year 1998.2. The case has chequered history. The Collector, Chhatarpur as per order P-4 dated 31-5-1999, quashed the entire selection procedure. The order was affirmed in revision by the Commissioner, Sagar Division, Sagar as per order P-5 passed on April 18, 2000. Second revision was entertained by the State Minister, Panchayat & Rural Development Department, which was allowed as per order P-1 passed on November 1/10th, 2000. The said order P-1 was set aside by this Court in W.P. No. 2570/2001. The order P-1 passed by the State Minister was stayed by this Court in W.P. 3093/2001 and ultimately it was set aside on 18-8-2000 and this Court remanded the matter to the State Minister to hear all the interested parties then to decide revision and also to examine the question whether the second revision was maintainable before him The State M...
Kashiram Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-10-2002
Reported in: 2002CriLJ1617; 2002(1)MPHT265; 2002(2)MPLJ388
R.B. Dixit, J. 1. Feeling aggrieved by judgment and order of conviction dated 23-3-2001 passed in Sessions Trial No. 207/95 of Additional Judge to Sessions Judge, Bhind at Gohad thereby convicting appellant under Section 304 Part I, IPC and sentenced him to 7 years rigorous imprisonment with fine of Rs. 1,000/-, appellant has come up in appeal seeking redress praying for setting aside the aforesaid sentence and conviction against him.2. The brief facts leading to the prosecution of the appellant lie in a narrow compass:On 6-7-95 at about 5 p.m. when deceased Babu and injured Pralhad were gossiping with Matadin in front of their hut, appellant armed with lohangi alongwith other acquitted persons, who were also armed with lathi arrived there. There was wardy quarrel between Matadin and Gopal and then appellant and Tularam started abusing. Betal assaulted Matadin with a lohangi on his head when deceased Babu and Pralhad intervened appellant Kashiram assaulted deceased with a lathi on his ...
T. Swamy Dass Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-10-2002
Reported in: 2002(2)MPHT320; 2002(3)MPLJ242
ORDERBhawani Singh, C.J.1. This writ petition is directed against order of Central Administrative Tribunal, Jabalpur Bench, dated September 7, 2000 passed in O.A. No. 177 of 2000.2. Petitioner is son of late Naib Subedar D. Thomas Raj who was with respondent Army Corps of EME and died on 20-10-1992 in Command Hospital, Southern Command, Pune due to chronic renal failure with severe anaemia at the age of 41, completing service of 22 years. The deceased left behind wife, applicant and parents dependent on him.3. The petitioner alleges that he is qualified to be appointed against Group-D post with the respondents. As such, he applied for appointment on compassionate ground in 1992, his father having died while in service. All necessary requirements in support of the claim were furnished to the competent authority. Surprisingly, after lapse of seven years, respondents did not allow the claim, expressing inability to give him appointment.4. Case of respondents is that case of petitioner was...
Chandrakant Ambani Vs. Inder Raj Khanna and 2 ors.
Court: Madhya Pradesh
Decided on: Jan-10-2002
Reported in: I(2003)BC634
ORDERNarain Singh 'Azad', J. 1. Arguments heard. It is not in dispute that Inder Raj Khanna, respondent No. 1 filed a complaint against this petitioner Chandrakant Ambani, Hirachand Salocha and Jitendra Kumar alias Jitu Bhai, who died during the course of this petition, in the Court of Judicial Magistrate, First Class, Sagar, alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as an 'Act'), which is registered as Criminal Complaint No. 73/2000, on these facts and M/s. S.K.G. Solvex Company Ltd., Choubey Colony, Near Central Bank of India, Raipur, which shall hereinafter be referred as 'Solvex Ltd.' of which Jitendra Kumar alias Jitu Bhai and Hirachand Salecha are the Directors, purchased Soyabeen seeds on credit worth Rs. 5,89,093/- in total, from respondent No. 1 the complainant, through M/s. Balaji Trading Corporation, Sagar. 2. Petitioner Chandrakant Ambani was the Accountant of the Solvex Ltd., at the relevant ti...
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