Madhya Pradesh Court February 2002 Judgments
Smt. Kadiran and ors. Vs. United India Insurance Co. Ltd.
Court: Madhya Pradesh
Decided on: Feb-19-2002
Reported in: II(2002)ACC218
ORDERChandresh Bhushan, J.1. Aggrieved by an order dated 28.11.1998 of the Second Additional Motor Accident Claims Tribunal, Gwalior, refusing their prayer regarding payment of the full sum finally awarded to them on the basis of the principle of fault, over and above and independent of the sum awarded on the principle of no fault liability, this revision petition has been preferred by the claimants.2. The facts in brief are that one Kayam Hussain had died in a road accident involving a motor vehicle. Thereafter the petitioners, who were the legal representatives of that deceased, filed an application before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, for compensation. During the pendency of their application a sum of Rs. 50,000/- was granted to them under Section 140 of the Motor Vehicles Act on the principle of no fault liability. Thai amount was duly paid. Thereafter a final award was passed by the learned Claims Tribunal in favour of the petition...
Tag this Judgment!Bhaiyalal Panthi Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-18-2002
Reported in: 2002(2)MPHT171
ORDERN.S. Azad, J. 1. The petitioner, Assistant Commissioner, Commercial Tax, Satna, seeks quashment of FIR and registration of Crime No, 5/92 against this petitioner for offences punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act which are alleged to have been committed between 1984 to 1990, by accumulating wealth disproportionate to the known sources of his income.2. On the basis of letter dated 17th July, 1992, written by DIG, Special Police Establishment, Lokayukt Karyalaya, Bhopal, which is addressed to DIG, Economic Offences, Investigation Bureau, Bhopal, which is marked as Annexure 'A', it is submitted by Shri Ajit Singh, Advocate appearing for the petitioner that earlier, an investigation was carried out against this petitioner by Special Police Establishment, Lokayukt, which was ultimately ordered to be dropped on 3rd July, 1992, and hence, in connection with same facts and incident, the registration of Crime No. 5/92, by recording first informati...
Tag this Judgment!Padmakar Singh Chouhan Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-18-2002
Reported in: 2002(2)MPHT454; 2002(3)MPLJ425
ORDERDipak Misra, J.1. By this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of an appropriate writ for commanding the respondents to give admission to the petitioner in the course of Forest Ranger Course granting age relaxation under Rule 56 of Entrance and Training Rules for Forest Rangers Course (in short 'the Rules'),.2. The facts as have been unfolded are that the petitioner was directly selected as Deputy Ranger in the Forest Department under the M.P. Class-III (Non-Ministerial) Recruitment Rules, 1967 and at present he is working in M.P. Rajya Van Vikas Nigam at Sidhi. The next promotional post of Deputy Ranger is the Ranger. The Central Government made Rules in this regard and there are forest ranger colleges under the supervision of Inspector General of Forest. As per Rules 8.1, 8.2 and 8.3 the candidates are sponsored by the State Government/Autonomous bodies/Public Sector/other institutions and their seats...
Tag this Judgment!Prem Ratan Agrawal Vs. Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Feb-18-2002
Reported in: 2002(2)MPHT570; 2002(2)MPLJ588
ORDERDipak Misra, J. 1. The petitioner, a young man in his teens, has approached this Court for issue of a direction to the Board of Secondary Education (for brevity 'the Board') to take appropriate and suitable action against the person who had committed some mistakes and further to award Rs. 5 lakhs towards compensation for humiliation, mental shock and the loss sustained by the petitioner.2. The facts as have been exposited in the writ petition are that thepetitioner was a regular student of Class XII of Pandit Lajja Shankar Jha Higher Secondary School, Jabalpur. He appeared in the Higher Secondary School Certificate Examination from the Centre No. 71012 in the months of March-April, 1999. The petitioner has narrated about the marks obtained by him in various subjects of his academic career to highlight that he is a meritorious student. The result of the examination was declared in the month of May, 1999. He was in puzzlement when he came to know that he had been declared failed in ...
Tag this Judgment!M.P.S.R.T. Corporation and ors. Vs. Chakrapan Singh Dhakarsh and anr.
Court: Madhya Pradesh
Decided on: Feb-18-2002
Reported in: [2002(93)FLR683]; 2002(3)MPHT156; 2002(2)MPLJ538
ORDERS.S. Jha, J.1. Preliminary objection is raised by respondents that petitioner has not filed the certified copy of the impugned order and has not arrayed Labour Court as a party, therefore, petition is liable to be dismissed for non-compliance of rules framed under Article 227 of the Constitution of India. After objection was raised certified copy of the order passed by the Industrial Court is filed by the petitioner.2. It is true that in a petition under Article 227 of the Constitution of India it is essential that party must file the certified copy of the impugned order. Petition was filed in the year 1997 and certified copy was not filed. When objection was raised petitioner immediately filed the copy on record. Since copy is received on record it will not be appropriate to dismiss the petition on this ground. As regards non-impleading the Labour Court is concerned, this aspect is to be examined on its merits. Petitioner has referred to the judgment in the case of Munshi Nazirud...
Tag this Judgment!Devendra Vs. J.M.F.C., Mhow, Distt. Indore
Court: Madhya Pradesh
Decided on: Feb-18-2002
Reported in: 2002(3)MPHT229
ORDERA.K. Gohil, J.1. The applicant has filed this repeat application under Section 439, Cr.PC for grant of bail, as his earlier application (M.Cr.C. No. 2377/01) was dismissed on 18-6-01, as not pressed.2. The submission of the learned Counsel for the applicant is that the applicant is in custody in connection with Criminal Complain Case No. 366/01, which has been registered by the A.C.J.M., Mhow, on a complaint made by the J.M.F.C., Mhow, under Sections 107, 109, 119, 120B, 177, 192, 193, 195, 196, 197, 198, 200, 201, 205, 215, 220, 221, 416, 419, 467, 468 and 471 of the IPC.3. In nutshell, the allegation against the accused in the aforesaid complaint was that a crime, bearing No. 304/2000 was registered at Police Station, Manpur and on the basis of which a Criminal Case No. 309/2000, under Section 34 read with Section 49B of the Excise Act read with Sections 420 and 484, IPC was pending before the J.M.F.C., Mhow, in which one Kailash s/o Meghraj Wadhwani was declared absconder and a...
Tag this Judgment!Babulal Baiga Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-18-2002
Reported in: 2002(5)MPHT32; 2002(3)MPLJ529
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of the notice dated 22-9-2001, Annexure P-3, issued by the Sub-Divisional Officer-cum-competent authority, the respondent No. 2 herein, calling for meeting for no-confidence motion, against the petitioner on 5-10-2001 and to pass such other order/orders as may be deemed fit and proper in the facts and circumstances of the case.2. The facts as have been unfolded are that the petitioner is the elected Sarpanch of the Gram Panchayat Paharia, Block and Tehsil Pali, District Umaria. A motion of no-confidence was mooted against by some of the Panchs and on the basis of their requisition the competent authority fixed the meeting on 3-9-2001 in the office of the Gram Panchayat Paharia, Block and Tehsil Pali in the District of Umariya. The competent authority appointed the Naib Tehsildar, P...
Tag this Judgment!Omprakash Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-18-2002
Reported in: 2002(5)MPHT445
ORDERNarain Singh 'Azad', J.1. Allowing the petitioners Criminal Appeal No. 15/2001, wherein the judgment of conviction and sentence pronounced against this petitioner in Criminal Case No. 517/99, on 8-1-2001 by J.M.F.C., Itarsi, was in challenge, the First ASJ, Hoshangabad, remanded the Criminal Case No. 517/99 with this direction that an opportunity be granted to the prosecution for proving the pass- book and other documents by adducing the oral evidence.2. On perusal of certified copy of judgment dated 10-12-2001 pronounced by First ASJ, Hoshangabad in Criminal Appeal No. 15/2001, it is noted that the charge for offence punishable under Section 409 of the IPC was framed against this petitioner on the ground that while working on the post of Post-Master at Village Sontalai, this petitioner committed criminal breach of trust in respect of a total amount of Rs. 7,745/- between 1st August, 1983 to 25th January, 1989, by not showing the receipt of the aforesaid amount in the pass-books o...
Tag this Judgment!State of M.P. and anr. Vs. Noor Jama Khan and anr.
Court: Madhya Pradesh
Decided on: Feb-15-2002
Reported in: 2002(5)MPHT37; 2002(3)MPLJ147
ORDER1. Invoking the extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India the petitioners namely, State of Madhya Pradesh and the Director, Town and Country Planning have called in question the sustainability of the order dated 22-2-2000 passed by the Madhya Pradesh State Administrative Tribunal, Bhopal (hereinafter referred to as 'the Tribunal') in Original Application No. 68/2000.2. The facts as have been exposited in the writ petition are that Noor Jama Khan, the respondent No. 1 herein, was served with the notice compulsorily retiring him from Government Service in Public interest with effect from 29-2-2000 on the basis of recommendation of the Screening Committee dated 26-2-99. During that notice period the respondent No. 1 approached the Tribunal assailing the action of the petitioners herein and the Tribunal by the order impugned quashed the order retiring the incumbent compulsorily. The Tribunal expressed the view that the Screening Committee...
Tag this Judgment!Navinchand Vs. State of Madhya Pradesh Through Collector and ors.
Court: Madhya Pradesh
Decided on: Feb-15-2002
Reported in: II(2002)ACC432; 2003ACJ1756
S.L. Kochar, J.1. This appeal has been directed for enhancement of the award by the appellant against the award dated 23.12.1997 passed by the Sixth Additional Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 101 of 1996.2. Briefly stated, the facts of the case are that on 21.6.1996, the appellant was going on the scooter for supplying khaman to some hotel-owners keeping 18 kg. of khaman on the front footboard of the scooter. When he reached near Saluja Nursing Home, the respondent No. 3 Tejram while driving Government jeep bearing registration No. MP 02-1514 of Mahila & Bal Vikas Vibhag, rashly and negligently dashed against the scooter from behind resulting into the fall of appellant on the ground sustaining fracture of his right leg. The appellant remained hospitalised in Civil Hospital, Ujjain for eight days. According to the medical report, he sustained injuries on his leg, waist and hand. There was shortening of his leg by 2 cm.3. Learned Claims Tribunal, after framing i...
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