Madhya Pradesh Court April 2002 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Leek Chand Sahu and ors. Vs. Laxman Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-16-2002
Reported in: II(2003)ACC459
Bhawani Singh, C.J.1. We propose to dispose of these appeals, M.A. No. 437/1999 Leekchand and Anr. v. Laxman Singh and Anr. M.A. No. 2262/1999 Leekchand and Anr. v. Smt. Amira Bi and Ors. and M.A. No. 2263/1999, Leekchand and Anr. v. Bisram Sahu and Ors. by this judgment since they arise out of the same accident and similar award.2. Accident took place on 23rd February, 1997 with a vehicle bearing Registration No. MP 29/B 0319, owned by Leekchand (dead)(through legal representatives) driven by Shri Ram @ Jagannath, coming from Ramakona to Ulhawadi which turned turtle in the market resulting in death of Noor Mohammad and Ramdayal Sahu and injuries to Laxman Singh, Kishorilal, Ajab Singh and Gajanand. Claims have been filed by Amira Bi w/o Noor Mohammad, Bisram Sahu father of Ramdayal Sahu, Laxman Singh, Kishorilal, Ajab Singh and Gajanand, in latter cases for personal injuries. Allegation is that accident took place due to rash and negligent driving of the vehicle by driver. The defence...
M.P. State Electricity Board and anr. Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Apr-15-2002
Reported in: 2003ACJ903
Dipak Misra, J.1. As in both these writ petitions the factual matrix relates to singular accident and the order impugned is the same and the points of law involved being in same spectrum, they were heard analogously and are disposed of by this common order. For the sake of clarity and convenience the facts of W.P. No. 2165 of 2001 are adumbrated herein.2. Invoking the extraordinary jurisdiction of this court under Articles 226 and 227 of the Constitution of India, the petitioners, Madhya Pradesh State Electricity Board, Jabalpur (in short 'the Board') and its functionaries, have prayed for issue of a writ of certiorari for quashment of the order dated 30.10.2000, Annexure P-5, passed by the Collector, Mandla, respondent No. 1 herein, and revenue recovery certificate, Annexure P-6, passed by the same authority and to grant such other reliefs as may be deemed fit and proper in the facts and circumstances of the case.3. The facts as have been unfolded are that the respondent No. 2, Janki ...
State of M.P. and ors. Vs. Sukh Lal Choudhary and anr.
Court: Madhya Pradesh
Decided on: Apr-12-2002
Reported in: (2003)ILLJ664MP; 2002(4)MPHT100
ORDERDipak Misra, J.1. The State and its functionaries have visited this Court assailing the order dated 8-1-99 passed in Original Application No. 1096/99 by the Madhya Pradesh Administrative Tribunal (hereinafter referred to as 'the Tribunal').2. The facts as have been depicted are that the respondent No. 1 who was the applicant before the Tribunal instituted the aforesaid proceeding seeking regularization in service. The case of the applicant before the Tribunal was that he was appointed as Time Keeper in Development Block, Bohriband, District Jabalpur by order dated 23-11-87. The order stipulated that he was to be paid from the contingency fund. Thereafter, his services were terminated vide order dated 22-4-88. On 16-11-88 another order was issued in favour of the respondent No. 1 appointing him as Work Assistant on temporary basis with effect from 1-11-88. The said appointment letter stipulated that the payment was to be made from the contingent fund of N.R.E.P./R.L.E.G.P. and it w...
Manohar Singh Marwaha Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-12-2002
Reported in: AIR2003MP136
Uma Nath Singh, J. 1. The petitioners, owners of Dairy farms in the Gwarighat area of Jabalpur have called in question the validity of the notification dt. 19-3-1999 issued by the Municipal Corporation, Jabalpur in excercise of powers vested under Clause 19(1)(b) of Municipal Corporation, Jabalpur Pashu (Niyantran) Adesh, 1978 towards the implementation of the resolution No. 70 dt. 21-10-1997 passed by the standing committee thereof, which was incompetent to do so. By the impugned notification a complete ban was imposed on carrying out dairy farming in two villages, namely, Gwarighat and Lalpur which were earlier exempted from being out of bounds for keeping catties. In its hind-sight, the resolution No. 70 dated 21-10-97 was passed by the standing committee of Municipal Corporation Jabalpur for shifting all dairies by the end of 1997 from city area to out-skirits of the township, with a view to protect the residents against any health hazards as also to keep the city clean and absolut...
Yadeo Rao and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-11-2002
Reported in: 2002(3)MPHT452
Dipak Misra, J. 1. In this appeal preferred under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Cr.PC') the appellants, two in number, have called in question the legal propriety and validity of the judgment of conviction and order of sentence passed by the learned Sessions Judge, Balaghat, in Sessions Trial No. 109/88, whereby he has convicted the appellatns of an offence punishable under Section 314 of the Indian Penal Code (in short 'the IPC') and sentenced each of them to undergo rigorous imprisonment for a term of four years. 2. The prosecution case, in brief, is that Jaiwanti Bai, the deceased had married two scores before the date of occurrence hut after one year of solemnisation of marriage her husband deserted her on the ground that she had certain defects in her legs. Being deserted by her husband, having no other option, she came to stay with her brother, Harchandra. She had been sleeping with Kamlabai at the house of the latter. On 25-4-1...
Bhan Singh Bhadoria Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-11-2002
Reported in: [2002(95)FLR331]; 2002(3)MPHT428; 2002(3)MPLJ195
ORDERR.B. Dixit, J.1. Petitioner, Bhan Singh Bhadoria son of Lalloo Singh was working as Forester in Forest Department and his date of entering in the service in the department was admittedly 25th April, 1962. His date of birth in the service record was recorded as 19-7-1940. On the entries of service record, it seems that this date of birth was also attested on 13-4-1974 by Assistant Conservator of Forest, Forest Division, Guna. On 14-11-1994, petitioner was required to submit a certificate regarding his date of birth. Petitioner submitted a copy of school leaving certificate regarding his date of birth. However, the department found this date of birth incorrect and the enquiry revealed that the correct date of birth was 29-7-1935 and accordingly he was retired from the service. Against which, the petitioner filed a petition before the State Administrative Tribunal being O.A. No. 1073/95. The Tribunal by its order dated 28-7-1998 found that he was prematurely retired without affording...
Bhurasingh and anr. Vs. Anil Kumar Arora and ors.
Court: Madhya Pradesh
Decided on: Apr-11-2002
Reported in: III(2002)ACC242
Subhash Samvatsar, J.1. This appeal is filed by the appellants/claimants, challenging the award dated 19.3.1997 passed by Eighth Additional Member Judge, Motor Accident Claims Tribunal, Gwalior in Motor Accident Claims No. 36/1990.2. Appellants/claimants are heirs of one Sobransingh, who died in a motor accident on 18.6.1990. The Claims Tribunal has awarded a compensation of Rs. 51,000/- for the death of Sobransingh. Being aggrieved by the said award, claimants have filed this appeal under Section 173 of the Motor Vehicles Act, for enhancement of compensation.3. The main grievance of the appellants is that as per the evidence led by the appellants, deceased was earning Rs. 40-50 per day from agriculture. This evidence is disbelieved by the Claims Tribunal without any cogent reason. The Claims Tribunal has assessed the income of the deceased at Rs. 900/- per month. The Claims Tribunal has deducted an amount of Rs. 400/- per month towards the experience of the deceased and assessed the d...
New India Assurance Co. Ltd. and anr. Vs. Smt. Indu Nagar and anr.
Court: Madhya Pradesh
Decided on: Apr-09-2002
Reported in: 2003ACJ2115; 2002(3)MPHT493
As per R.B. Dixit, J. 1. Feeling aggrieved by judgment dated 24-8-1995 of Motor Accidents Claims Tribunal, Guna in Claim Petition No. 6/92, the Insurance Company alongwith insured owner of the vehicle have come up in appeal, seeking redress praying for setting aside of award, however, an oral request has been made only of reduction of the amount of compensation.2. The learned Counsel of respondent No. 1 has raised a preliminary objection, that the appeal by Insurance Company is not tenable without obtaining permission under Section 173 of the Motor Vehicles Act (for short 'the Act') from the Claims Tribunal. However, in our opinion, the Hon'ble Apex Court in its decision in case of United India Insurance Co. Ltd. v. Bhushan Sachdeva and Ors., reported in 2002(1) TAC 621 (SC), has expressed the view that it is open to the Insurance Company to invoke the right under Section 173 of the Act as the insured had failed to appeal against the award passed against him. That being the position, t...
Ratan Lal Vs. Dhapubai
Court: Madhya Pradesh
Decided on: Apr-09-2002
Reported in: II(2002)DMC668
ORDERS.L. Kochar, J.1. This revision has been filed by the applicant being aggrieved by the order dated 20th February, 2001 passed by IIASJ Neemuch (Sessions Division, Neemuch) passed in Criminal Revision No. 169/2000 setting aside the order dated 31st May, 2000 passed by the Judicial Magistrate, First Class, Neemuch in Misc. Criminal Case No. 4/1999 thereby allowing the application of the non-applicant wife for grant of maintenance at the rate of 1,000/- per month from the date of the application dated 8th January, 1999. It was also ordered for arrears of maintenance payable in 4 equal instalments commencing from 1st March, 2001. The Revisional Court has also ordered for grant of 500 rupees towards cost of the litigation.2. The factual matrix giving rise to this revision is as follows :The non-applicant Dhapubai filed an application dated 8.7.1999 under Section 125 of the Code of Criminal Procedure for grant of maintenance being legally wedded wife, before the Judicial Magistrate, Fir...
Ashok Kumar Gupta and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-08-2002
Reported in: 2002(3)MPHT530; 2002(2)MPLJ616
ORDERRajendra Menon, J. 1. They are heard.2. Petitioners have filed this writ petition inter alia contending that they are entitled to be considered for appointment as teachers under the provision of the Madhya Pradesh Panchayat Samvida Shala Shikshak (Niyukti Avam Seva Shartcon) Niyam, 2001 (hereinafter referred to as the Niyam of 2001). It is contended that they are eligible to be appointed to the post of Samvida Shala Shikshak (Science) Group-II.3. The petitioner No. 1 who has passed B.A., with Mathematics and Diploma in Education had applied for the said post on the ground that he has educated 28 persons in Gram Panchayat, Bargany. Copy of the certificate issued by the Collector has been filed as Annexure P-1. Similarly, the petitioner No. 2 contends that he has passed B.Sc., M.Sc. and B.Ed. He is also eligible to seek appointment on the post of Samvida Shala Shikshak (Science) Group-II as he has educated 17 persons in Gram Panchayat, Sijaura (Khiriya) and has obtained the necessar...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- Next ›
- Last »