Madhya Pradesh Court May 2002 Judgments
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Mukesh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: 2002(5)MPHT340; 2002(4)MPLJ591
S.P. Khare, J.1. Appellant Mukesh has been convicted under Section 326, IPC and sentenced to rigorous imprisonment for five years and to a fine of Rs. 500/-.2. It is not in dispute that an incident of violence did take place on 12-4-1992 at 12 noon near the house of accused Mukesh in Village Shahpur. There were injuries on both the sides which gave rise to two counter cases. In the present case accused Mukesh was prosecuted for the offence punishable under Section 326, IPC. In the counter case the complainant party was prosecuted for the offence under Section 307, IPC.3. The prosecution case is that accused Mukesh and his father Ramdayal caused injuries to Parwat Singh (P.W. 4) and Gendalal (P.W. 5). The injury sustained by Parwat Singh (P.W. 4) on his right hand was as a result of an axe blow and it led to the fracture of second metacarpal bone.4. Accused Mukesh pleaded not guilty. His defence is that Parwat Singh (P.W. 4) and Gendalal (P.W. 5) with two other persons trespassed into h...
Ramlaval Alias Ram Lakhan and anr. Vs. Simiya Bai and anr.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: 2003ACJ2049
V.K. Agrawal, J.1. This misc. appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is directed against the award dated 26.4.2000 in Motor Vehicle Case No. 914 of 1999 by the Additional Motor Accidents Claims Tribunal, Katni, awarding Rs. 25,000 as compensation under Section 166 of the Act in favour of claimant-respondent No. 1.2. Indisputably, on 6.5.1995 claimant-respondent No. 1 was travelling by Tempo No. MP 20-B 1737. The said Tempo was dashed against from behind by Matador bearing the registration No. MP 21-6816, resulting in injury to claimant-respondent No. 1 Simiya Bai.3. The claimant-respondent No. 1 filed application under Section 166 of the Act, alleging that the accident had occurred on account of rash and negligent driving of offending Matador by its driver, appellant No. 1. It was alleged that the said Matador was owned by appellant No. 2 and was insured by respondent No. 2. The claimant-respondent No. 1 averred that she suffered per...
Kailash Mistri Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: 2002(5)MPHT516; 2003(1)MPLJ468
Rajeev Gupta, J.1. Appellant Kailash Mistri stands convicted under Section 302, IPC with sentence of imprisonment for life vide impugned judgment dated 29-4-1991, passed by 1st Additional Sessions Judge, Chhindwara in Sessions Trial No. 58/1991.2. Appellant Kailash Mistri has been found guilty of causing one external injury on the neck of his friend Sikru (since deceased) by means of a screw-driver, in a sudden quarrel between them in the night of 21-3-89 leading to his death the same day.3. Appellant's conviction is founded on the solitary eye-witness account of Vinod (P.W. 10), who has categorically deposed that on the fateful night when appellant Kailash Mistri and deceased Sikru were cutting jokes at his shop, accused Kailash Mistri all of a sudden picked up a screw-driver lying in the shop and dealt one blow on the neck of Sikru and fled away. Injured Sikru succumbed to his injuries the same night.4. Shri G.P. Dubey, the learned Counsel for the appellant, vehemently argued that th...
Abdul Gani Vs. Tikam and anr.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: III(2002)ACC220
ORDERS.B. Sakrikar, J.1. Appellant/claimant, has directed this appeal against the award dated 27.1.1999 passed by II MACT, Khargone in Claim Case No. 32/1995 whereby the learned MACT, dismissed the claim petition filed on behalf of the appellant.2. The facts of the case in brief are that on 26.5.1999, appellant sitting as pillion rider on a LML Vespa scooter was going along with one Hameed from Mohammadpur to Gogawan. When the scooter on which the appellant was travelling reached near Jagadamba Mandir, it dashed against a tractor coming from the opposite direction, causing some grievous injuries to the appellant-claimant and the tibia fibula bone of right leg was fractured. The FIR of the alleged accident was lodged at P.S. Gogawan, District Khargone same day by one Noor Mohammed and a criminal case was registered. The appellant filed a claim petition before the learned Tribunal for award of compensation for the injuries sustained in the alleged accident. The learned Tribunal, on evalu...
Rakesh Vs. Manoj
Court: Madhya Pradesh
Decided on: May-13-2002
Reported in: II(2004)BC463
ORDERS.L. Kochar, J.1. This revision petition is directed against the order dated 24.1.2002, passed by IASJ, Barwani in Criminal Revision No. 161/2000, setting aside the order dated 15.4,2000, passed by the learned Chief Judicial Magistrate, Barwani in Misc. Criminal Case No. 438/98.2. Non-applicant Manoj has filed a complaint under Section 138 of the Negotiable Instruments Act (for short, 'the Act'). According to the complainant, applicant/accused had issued cheque for Rs. 1 lac in favour of the complainant on 22.5.98. On production of the cheque, the same was dishonoured. The intimation to this effect was given to the accused on 18.6.1998, which was received on 27.6.1998. Thereafter, the complaint was filed on 30.6.1998. Learned Trial Court recorded the statement of the complainant on 28.7.1998 and ordered for issuance of notice to the accused.3. Applicant appeared before the Trial Court and raised an objection that the complaint was pre-matured because the same was filed prior to th...
Rajesh Vs. Manoj
Court: Madhya Pradesh
Decided on: May-13-2002
Reported in: 2002(4)MPHT509
ORDERS.L. Kochar, J.1. This revision petition is directed against the order dated 24-1-2002, passed by IASJ, Barwani in Criminal Revision No. 161/2000, setting aside the order dated 15-4-2000, passed by the learned Chief Judicial Magistrate, Barwani in Misc. Criminal Case No. 438/98.2. Non-applicant Manoj has filed a complaint under Section 138 of the Negotiable Instruments Act (for short, 'the Act'). According to the complainant, applicant/accused had issued cheque for Rs. 1 lac in favour of the complainant on 22-5-98. On production of the cheque, the same was dishonoured. The intimation to this effect was given to the accused on 18-6-1998, which was received on 27-6-1998. Thereafter, the complaint was filed on 30-6-1998, Learned Trial Court recorded the statement of the complainant on 28-7-98 and ordered for issuance of notice to the accused.3. Applicant appeared before the Trial Court and raised an objection that the complaint was pre-mature because the same was filed prior to the p...
M.P. State Road Transport Corporation and anr. Vs. Indra Bahadur Singh ...
Court: Madhya Pradesh
Decided on: May-13-2002
Reported in: [2002(94)FLR147]; 2002(4)MPHT455; 2002(3)MPLJ46
ORDERRajendra Menon, J. 1. Petitioner Madhya Pradesh State Road Transport Corporation by the instant petition called in question the order dated 20-1-1997 (Annexure P-1) passed by the Industrial Court, and the order Annexure P-2, dated 2-11-1988 passed by the Labour Court by which respondent No. 1 has been directed to be reinstated in service with fifty percent backwages. 2. It is the case of the petitioner-Corporation that respondent No. 1 was employed as Badli employee on daily wages. He was appointed on 5-9-1984 and his services were terminated orally on 16-5-1985 on the ground of services no longer required. Respondent/employee filed an application before the Labour Court under Section 31 read with Sections 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960 inter alia contending that he is not permitted to work with effect from 16-5-1985, his termination is illegal, it amounts to retrenchment and his termination has been brought about withoutconducting any enquiry and w...
Samaru Baiga Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-10-2002
Reported in: 2002(3)MPHT312
Uma Nath Singh, J.1. The appellant has preferred this Jail Appeal against the impugned judgment and order dated 25-2-97 passed by the learned Additional Sessions Judge, Dindori (Mandla) in the Session Trial No. 129/95 whereby he has been held guilty of offence under Section 302, IPC and sentenced to life imprisonment for committing murder of his wife Jithiya Bai.2. Succinctly narrated the facts of the prosecution case are that on 13-5-95 in the morning, Village Kotwar Aaitu Ram Baiga (P.W. 1) was informed at his residence by Mitthu Baiga (P.W. 3-A) and Dasaru (not examined) that accused Samaru Baiga came and informed them by way of extra judicial confession that he had seen his wife Jithiya Bai (deceased) and Basora Gond (not examined) in a compromising position in a rivulent known as 'Mohgaontola Nala' therefore, he killed heron 12-5-95 at 15 hours. On receipt of this information, Aaitu Ram Baiga along with Mitthu went to the place and saw Jithiya Bai lying dead in supine position and...
Manish Vs. Sandeep
Court: Madhya Pradesh
Decided on: May-10-2002
Reported in: 2002(3)MPHT565
ORDERS.P. Khare, J.1. This is a revision by the defendant challenging the appellate order by which the plaintiffs application for temporary injunction has been allowed and the defendant has been restrained from conducting 'same or similar courses' as those covered by the agreement for a period of 'six months' after setting aside the order of the Trial Court which had refused to grant this interim relief.2. It is not in dispute that the plaintiff is the proprietor of 'Professional Tutorials' and there was agreement dated 30-4-1998 between him and the defendant by which the latter was granted the franchise for the use of 'P.T. Training Courses' at Bhopal. It is stated in the agreement that the plaintiff has developed and conducts training courses called 'P.T. Training Services' which include instruction methodology, courseware, operational systems, methods and all associated expertise. The franchisee was allowed to have access to use P.T. Services for providing training to end users at B...
Dr. Harish Bajaj Vs. Rani Durgavati Vishwa Vidyalaya and ors.
Court: Madhya Pradesh
Decided on: May-10-2002
Reported in: AIR2003MP114; 2003(1)MPLJ375
ORDERArun Mishra, J.1. The relief of the petitioner in the instant writ petition is to direct respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to amend the degree of the petitioner from that of M. D. (Pathology and Microbiology) to M. D. (Pathology). The petitioner further prays to direct respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to adopt the line of action as adopted by Devi Ahilya Vishwa Vidyalaya, tndore as per notification (Annexure P/8) dated 19-2-1998. The petitioner also prays to direct the M.P. Medical Council, Bhopal to register the petitioner for additional qualification in M. D. (Pathology). 2. Petitioner avers that he did M.B.B.S. and thereafter M.D. (Pathology and Microbiology). These degrees were granted by Rani Durgavati Vishwa Vidyalaya, Jabalpur. The petitioner made an application to the M.P. Medical Council, Bhopal for registration of his additional qualification of M.D. (Pathology). M.P. Medical Council, Bhopal refused to register the petit...
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