Madhya Pradesh Court May 2002 Judgments
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Kailash Vs. Om Prakash Yadav and ors.
Court: Madhya Pradesh
Decided on: May-10-2002
Reported in: I(2003)ACC381; 2003(3)MPHT58
ORDERSubhash Samvatsar, J.1. This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act for enhancement of compensation against the award dated 9-9-98 passed in Claims Case No. 49/95, of the Court of Third Additional Member/ Judge, Motor Accidents Claims Tribunal, Shivpuri. 2 The brief facts of the case are that : on 16-1-1995, the appellant claimant was travelling in a bus bearing No. M.P. 07B/8386 which met with an accident. Due to the said accident the appellant suffered grievous injuries and one of his hands was fractured and remained under plaster for 45 days. He was also suffered other injuries of grievous nature. The appellant filed a claim petition before the Claims Tribunal for compensation for the injuries sustained by him. The Tribunal awarded Rs. 25,612/- to the appellant/claimant. Out of the said amount Rs. 612/- was awarded towards treatment while Rs. 25,000/-was awarded towards compensation. The Claims Tribunal in Para 42 of its judgment has held th...
Smt. Rajni Vs. Sanjay Kumar
Court: Madhya Pradesh
Decided on: May-10-2002
Reported in: II(2002)DMC457
ORDERS.P. Khare, J.1. This is an appeal by the wife challenging the decree of divorce on the ground of cruelty as per Section 13(ia) of the Hindu Marriage Act, 1955. It is not in dispute that appellant Rajni was married to respondent Sanjay Kurnar Jain on 8.5.1990 at Indore. She is living with her parents from 20.6.1991.2. The case of the respondent Sanjay Kumar is that Rajni started quarrelling just after two months of the marriage. She used to abuse his parents. She did not want to live in the joint family house and insisted that her husband should live with her separately. He took a house on rent and started living with her. She was abusing him even in the rented house. She was misbehaving with him. She was neglecting him and she was not cooking food. She used to leave his house and go to her parents without his permission. She was treating the respondent with mental cruelty. She used to threaten to commit suicide by burning herself.3. The appellant has denied the allegation of her ...
Phoolchand Mishra Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-10-2002
Reported in: 2002(5)MPHT211; 2002(4)MPLJ297
ORDERNarain Singh 'Azad', J.1. Feeling aggrieved by the order of taking cognizance of an offence under Section 190(1)(b) of the Code of Criminal Procedure, hereinafter referred to as the Code, passed by J.M.F.C., Jabalpur, in Criminal Case No. 475/99 on 31-3-2001, the petitioner has knocked the door of this Court, seeking discharge in exercise of inherent powers, when his subsequent objection raised under Section 461(m) of Code was turned down on 14-3-2002.2. A perusal of certified copy of order dated 22-10-1999 passed by Ku. Tripti Kholia, J.M.F.C., Jabalpur, in Criminal Case No. 475/99, discloses that on 22nd October, 1999, a police report under Section 173 of the Code of Criminal Procedure, was filed against one Devendra Kumar Dubey, by Police Madan Mahal, Distt. Jabalpur, for offences punishable under Sections 420, 467 and 468 of the IPC with these allegations that he prepared a false Revenue Case No. 2645-A/90 (b-9)/89-90 and forged an order dated 12-5-1990, purporting to have bee...
Chakra Pani Mishra Vs. Shri Krishna and ors.
Court: Madhya Pradesh
Decided on: May-09-2002
Reported in: 2002(3)MPHT304
ORDERRajendra Menon, J.1. Invoking the extra-ordinary jurisdiction of this Court the petitioner who at the relevant time was working as Sub-Registrar in the office of the Registrar, Gwalior has filed the instant petition. Being aggrieved by certain observations/strictures passed against him in the order dated 18-1-99 Annexure P-1 by the Court of Vth Additional Distt. Judge to the Court of Distt. Judge, Gwalior. By the aforesaid order it has been directed that entries be made in the service book of the petitioner to the effect that in spite of the directions he has not carried out the same as per the Court's order.2. The facts which are relevant for disposing off the petition are that the respondent No. 1 had filed Civil Suit No. 83-A/84 against respondent Nos. 2 and 3 pertaining to specific performance of the contract. The prayer made in the suit was with regard to execution of sale-deed. The matter was decided and judgment and decree was passed in favour of respondent No. 1 by the Cou...
Pahalwan Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-09-2002
Reported in: 2002(3)MPHT273
ORDERRajendra Menon, J. 1. Petitioner, by this petition has called in question the tenability of the order Annexure P-1 passed by the Returning Officer whereby the objection with regard to the acceptance of the nomination paper of respondent No. 4 for contesting the election to the post of Member of Janpad Panchayat has been accepted.2. It is the case of the petitioner that the post was reserved for a candidate belonging to other backward classes. Nomination paper submitted by respondent No. 4 discloses that his caste was Sikh Harijan Keer. According to the notification issued by the State Government vide Annexure P-5 Sikh Harijan had been deleted from the category of OBC, accordingly, it is averred that respondent No. 4 was not entitled to contest the election.3. This Court by order dated 18-2-2000 had issued notices and stayed issuance of the notification of the election as required under Rule 90 of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995 (hereinafter referred to as 'Elect...
Naresh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-09-2002
Reported in: 2002(4)MPHT553; 2002(4)MPLJ241
S.L. Jain, J.1. This appeal is directed against the judgment and findings recorded by the learned IInd Additional Sessions Judge, Raisen, in the Sessions Trial No. 66/89 whereby the accused/appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life together with fine of Rs. 2,000/-, in default whereof, to undergo R.I. for six months.2. Succinctly narrated, the prosecution case is that the deceased Rammu aged about 15 years was the brother of complainant Santosh Kumar (P.W. 3) and son of Kriparam (P.W. 5). On the date of incident, the deceased went to his field for grazing the cattle as usual. Rammu used to come back to his home for lunch between 12 to 1 P.M. However, on the date of incident, Rammu did not turn up for taking his lunch upto 3 P.M., making his brother Santosh Kumar become anxious and left for his field to check his whereabouts. Rammu was not found in the field. Therefore, Santosh Kumar went towards Nala in search...
Bharat Heavy Electricals Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-09-2002
Reported in: AIR2003MP179
ORDERArun Mishra, J.1.The petitioner by way of instant writ petition seeks a writ of certiorari for quashment of the Annexure M dated 9-8-1991 passed by the Government of M.P. Energy Department and consequent demand raised by the M.P. Electricity Board, Bhopal as per memo dated 18-11-1991 (Annexure O). The petitioner also prays for quashing letter Annexure J dated 27-12-1991 issued by the M.P. Electricity Board.2. Petitioner Bharat Heavy Electricals Limited is a public limited company duly incorporated under the Companies Act and its entire share capital is substantially held by the President of India and is a fully owned Government Company within the meaning of Section 617 of the Companies Act, 1956 having its registered office at New Delhi. The company has a manufacturing unit at Bhopal which was established in the year 1956. The petitioner avers that the State of M.P. has been saddled with the responsibility of providing water supply to the inhabitants of the State as well the statu...
Shiv Kumar Pal and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-09-2002
Reported in: 2002(5)MPHT154; 2002(3)MPLJ485
ORDERNarain Singh 'Azad', J.1. The petitioners seek quashment of cognizance, entire proceedings and charge sheet No. 2/2001, tied on 20-3-2001, against the petitioners by C.B.I. Branch, Bhopal, which are pending against them in the Court of Special Judge, C.B.I. and IIIrd A.S.J. Bhopal, titled as State of M.P. V. Shri Shiv Kumar Pal and another.2. It is not disputed that earlier these petitioners faced trial in CBI Case No. 42/99, for offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, so also Sections 409 and 120B of the IPC on these facts that, on or about 3-7-1995, petitioners Shiv Kumar Pal and Rajendra Kumar Godgole were posted as Head Cashier and Peon-cum-Cashier, respectively, in Royal Market Branch of State Bank of Saurashtra, at Bhopal and thus, were public servants. These petitioners were arrested in a trap laid by CBI on 7-3-1995 and the residence of petitioner Shiv Kumar Pal was searched.3. According to the prosecution, from one Laik Ah...
Arvind Kumar Sahu Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-08-2002
Reported in: [2002(95)FLR141]; 2002(3)MPHT407; 2002(3)MPLJ224
ORDERRajendra Menon, J. 1. The petitioner was appointed as Shiksha Karmi vide appointment order dated 4-4-1997 Annexure P-4, the petitioner in pursuance there of joined on 5-4-97 vide Annexure P-5. Thereafter the petitioner was sent for training and after completing the training, certificate Annexure P-6 was issued to the petitioner. Again in the year 1998 the petitioner was sent for training and after completing the training, certificates Annexures P-7 and P-8 were issued to him. Certificates with regard to satisfactory working of the petitioner were also issued by the Panchayat vide Annexure P-9. Annexure P-10 is the certificate issued with regard to working of the petitioner. It is the case of the petitioner that the documents indicate that the petitioner had been working satisfactorily after his appointment and there was no complaint whatsoever against him. Various documents have been filed vide Annexures P-10 to P-13 to indicate that the petitioner's work was satisfactory.2. All o...
Kalka Prasad Vs. Ramji Lal and ors.
Court: Madhya Pradesh
Decided on: May-08-2002
Reported in: 2002(3)MPHT547; 2002(3)MPLJ121
ORDERRajendra Menon, J.1. Petitioner aggrieved by order Annexure P-1, dated 18-1-99 passed in Election Petition No. 8/93-94 has filed this petition. By the impugned order the election of the petitioner as Sarpanch of Gram Panchayat has been set aside.2. The petition was admitted for hearing on 23-1-99 and the order Annexure P-1 was stayed. Accordingly, the petitioner is still holding the post of Sarpanch of the Gram Panchayat.3. The election of the Gram Panchayat, Bhaguapura was notified and election to the post of Sarpanch was held on 23-5-94. The post was reserved for the backward class candidates.4. The petitioner contested the election and was declared elected. Respondent No. 1 Ramjilal filed a petition inter alia contending that the nomination papers of respondent No. 6 Raghuveer was illegally accepted, Raghuveer was not a member of the backward class, acceptance of his nomination papers according to the petitioner violates the entire election process. In the election petition the...
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