Madhya Pradesh Court August 2002 Judgments
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Deepak Shukla Vs. Smt. Savita Shukla
Court: Madhya Pradesh
Decided on: Aug-16-2002
Reported in: 2003CriLJ4020; II(2003)DMC30; 2002(5)MPHT534; 2002(4)MPLJ544
ORDERNarain Singh 'Azad', J.1. The petitioner seeks transfer of M.J.C. No. 4/2002, pending against this petitioner in the Court of C.J.M. Katni, wherein, the amount of maintenance granted Under Section 125 of the Cr. P.C., has to be realised.2. According to the petitioner, who is the husband of non-applicant, his wife's father Mr. Mahendra Chanpuria so also her uncle Mr. Jogeshwar, in addition to two of her brothers, are practicing in Katni, who dominate the Bar, and it is for this reason that no Advocate, practicing at Katni, is ready and willing to take the brief of this petitioner. Then the Advocates engaged from Bhopal so also Jabalpur, refused to attend the Court at Katni, on account of misbehaviour by members of the family of non-applicant. It is further stated on behalf of the petitioner that on account of his desertion by non-applicant, he filed a divorce suit at Bhopal, on 4-4-1994, and the non-applicant filed application in the Court of C.J.M. Katni, Under Section 125 of the ...
Narayan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: 2003CriLJ268; 2002(4)MPHT190
S.L. Kochar, J.1. The appellant, has preferred this Criminal Appeal under Section 374 of the Code of Criminal Procedure against the judgment dated 27-7-2001, rendered by Sessions Judge, Dewas, in S.T. No. 191/2000 arising out of Criminal Case No. 619/2000, order dated 16-11-2000 convicting the appellant for the offence punishable under Section 376, IPC and sentencing him Rigorous Imprisonment for 7 years and fine of Rs. 500/-, in default of payment of fine, further sentence of simple imprisonment for 3 months.2. The prosecution case, in nut-shell is that on 12th September, 2000, in Village Polab, while prosecutrix Shantabai, accompanying by Ganpat (P. W. 2) and Laxman (P. W. 3) was going to work at Village Kelod, on the way, in the vicinity of the field of one Raghavram, convict/accused Narayan reached there and saying them as of men of bad character and take them to Police Chowky, holding the hand of prosecutrix Shantabai took her in the field of sugarcane. Convict Narayan also told G...
Rafique and anr. Vs. M.P. State Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: 2004ACJ1723; 2002(4)MPHT506
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Sagar, in Claim Case No. 35/97, dated March 31, 1999.2. The claimants are father and brother of deceased Mohd. Sharif Ali alias Shafique. The deceased was car Mechanic-cum-Car Driver. The accident took place on 18-6-1997 when he was going from Mawai-Piparia at 6 a.m. in the car after collecting passengers. When he reached Rajmarg Chouraha, Sagar Road, at 11 a.m., M.P. State Road Transport Corporation's bus, bearing No. MP-09-D/0398, driven rashly and negligently by driver-Gaffoor (respondent No. 2), dashed against the car with great impact that the car went of the road into field. Shaif Ali alias Shafique died on the spot, while passengers sustained injuries. FIR was lodged at the Police Station, Suatala and case was registered under Sections 279, 337, 338 and 304A of IPC against the respondent No. 2/Gaffoor (driver of MPSRTC Bus).3. The claimants submit that the deceased was ear...
Shewaram and Sons Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: (2003)181CTR(MP)316; [2003]263ITR626(MP)
ORDERS.L. Kochar, J. 1. This revision has been preferred by the applicants against the judgment dt. 18th Aug., 1999, rendered by IASJ, Indore in Criminal Appeal No. 69/95 arising out of the judgment dt. 27th June, 1995, delivered in Criminal Case No. 02/86 by ACJM, Indore (Economic Offence), remanding the case back to the trial Court for framing the charge under Section 278B of the IT Act, 1961 (for brevity, 'the Act'), and proceeding against the applicants in accordance with law. 2. The contention of the counsel for the applicants is that penal provision i.e., Section 276E of the Act, has been removed from the statute by an amendment dt. 1st April, 1989, by the Direct Tax Laws (Amendment) Act, 1987. In the case on hand, the complaint against the applicants was filed only a day before the said omission. The substantive offence for which the conviction could be recorded after framing of charge under Section 269T and under Section 278B of the Act has been omitted from the statute. Charge...
Subhash Gautam Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: 2004ACJ1097
Bhawani Singh, C.J.1. This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Bhopal, in the Claim Case No. 318 of 1996 dated 15.1.1997. Subhash Gautam (claimant) is a lecturer in the Government School. On 17.9.90 at about 7.15 p.m. he was going on his scooter with his brother from Jawahar Chowk to Roshanpura. When, for going to T.T. Nagar, he turned towards the Rang Mahal Road, Dilip Kumar (driver) of jeep No. MPP 1240, driving the jeep rashly and negligently hit him resulting in compound fracture to both legs. Immediately, he was shifted to Hamedia Government Hospital. Thereafter, he went to Ujjain and took treatment. Afterwards he had to go to Bombay for treatment. There he was admitted in Hinduja Hospital. For treatment he had to go to Bombay repeatedly. The treatment continued for about 2 years incurring expenditure of Rs. 2,00,000/-. Respondents submit that accident took place due to negligence of claimant who came in front of the jeep resulting i...
Kamlesh Kumar Kaurav Vs. Chambal Kshetriya GramIn Bank and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: 2002(5)MPHT317
ORDERRajendra Menon, J.1. The petitioner, working as Branch Manager in the Chambal Kshetriya Gramin Bank, Branch Noorabad, District Morena, has filed the present petition challenging the orders of punishment dated 14th Jan., 1994 (Annexure P-16), 12th Dec., 1996 (Annexure P-20), 6th Feb., 1998 (Annexure P-22) and 12th Feb., 1999 (Annexure P-23) respectively.2. The petitioner was working as Branch Manager in the respondent Bank which is a Regional Rural Bank constituted under Section 3 of the Regional Rural Bank Act, 1976. A charge-sheet dated 31-3-1993 (Annexure P-1) was issued to the petitioner and it was alleged in the said charge-sheet that the petitioner had committed certain misconducts during the period 13-5-1991 to 25-11-1992. The charge-sheet was amended vide Annexure P-2 and subsequently supplementary charge-sheet dated 23-9-1993 was issued vide Annexure P-4.3. It is the case of the petitioner that he prayed for extension of time to give reply to the charge-sheet by applicatio...
Bhagwantibai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: 2002(5)MPHT346
S.B. Sakrikar, J.1. Accused/appellant has directed this appeal against the judgment dated 16-8-1995 passed by VII Addl. Sessions Judge, Indore in S.T. No. 17/88, whereby the appellant was convicted for the offence under Section 302, IPC and sentenced to undergo life imprisonment.2. The facts of the case in brief are that, on 19-11-1987, at about 6.30 a.m. deceased Kusumbai w/o Jalalsingh was found burning in front of her house situated at Jagannath Ki Chal, Nemawar Road, Indore. Kusumbai at the same time fell on the ground in the burning state. It is said that at the time of said incidence appellant Bhagwantibai and her husband Manoharlal (acquitted accused) were found standing. The witnesses rushed to the place of incident and poured water on the body of Kusumbai with the intention to save her from the alleged burning. It is said that, on extinguishing the fire, Kusumbai was in sense and she told the witnesses that the appellant and her husband poured kerosene on her and set her in fi...
Rajabeti and anr. Vs. Ramshri and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: 2004ACJ321
Samvatsar, J.1. This appeal is filed at the instance of owner and driver of the vehicle involved in an accident dated 26.11.1996 under Section 173 of the Motor Vehicles Act, challenging the award dated 3.2.1998, passed by the Motor Accidents Claims Tribunal, Gohad, District Bhind, M.P. in Claim Case No. 7 of 1997.2. The facts of the case are that the appellant No. 1 is owner and the appellant No, 2 is the driver of the tractor No. MP 06-J 8451. On 26.11.1996, Ram Charan was travelling in the said vehicle. He was sitting on the edge of the trolley. He fell out of the tractor and was run over. He died in the said accident, hence his heirs, i.e., respondent Nos. 1 to 5 filed a claim petition for compensation. The Claims Tribunal found that the claimant himself was negligent and the negligence of the driver is not found proved. The Claims Tribunal, therefore, awarded Rs. 50,000 towards no fault liability to the claimants with interest at the rate of 12 per cent per annum.3. The Claims Trib...
Runabai and ors. Vs. Mannalal and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: 2003ACJ1493
A.K. Gohil, J.1. Appellants-claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), against the award dated 5.3.2001, passed by the Member, Motor Accidents Claims Tribunal, Kukshi, District Dhar, in Claim Case No. 104 of 2000, whereby the Tribunal has rejected the application under Section 140 of the Act, for grant of interim compensation under no fault liability, simply on the ground that the tractor in question was not in a running position, but it was standing, therefore, the application cannot be decided without evidence of the parties and listed the case for evidence.2. I have heard learned Counsel for the parties and perused the record.3. Submission of Mr. Jain, the learned Counsel for the appellants, is that the learned Tribunal erred in dismissing the application, holding that the same cannot be decided without recording the evidence, because when the application is dismissed, no case is left for recording evide...
New India Assurance Co. Ltd. Vs. Punit and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2002
Reported in: I(2002)ACC324
ORDERA.K. Gohil, J.1. This order shall also govern the disposal of connected Civil Revision Nos. 1047, 1048,1049, 1050, 1051, 1952, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1068, 1069, 1070, 1071, 1072, 1073, 1974 and 1075 of 1999, New India Assurance Co. Ltd. Indore v. Punit s/o Prakashchandra Agraual and Ors. as common questions are involved in all these civil revisions.2. The applicant/New India Assurance Co. Ltd., has filed this civil revision under Section 115 of the Code of Civil Procedure (for short the Code') against the order dated 12.7.1999 passed by Member, Motor Accident Claims Tribunal, Rajgarh (Biaora) in Misc. Claim Case No. 25/1999, by which it allowed the application filed by respondent No. 1/owner of the vehicle, under Order IX Rule 13 of the Code and set aside the ex parte award dated 29.6.1988 passed in Claim Case No. 28/1994.3. The brief facts for disposal of this revision are that respondent Nos. 3 to 5 filed a claim peti...