Madhya Pradesh Court March 2003 Judgments
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Harishankar Vishwakarma Vs. Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Mar-06-2003
Reported in: AIR2004MP132; 2003(3)MPHT519; 2003(4)MPLJ252
ORDERArun Mishra, J. 1. Petitioner in the instant writ petition appeared in Class 12th Examination conducted by Board of Secondary Education, M.P. Petitioner appeared at the Centre Nalanda Public School, Satna. In the subject of Biology petitioner submits that though he appeared but was wrongly shown as absent in the mark-sheet supplied by the Board. Petitioner has attempted the question paper and has answered the questions on the day on which examination of Biology was held, i.e., 8-3-2002 from 8 a.m. to 11 a.m. Petitioner appeared with Roll No. 23122291. It is a case of mistake of the Board. Petitioner has not been awarded the supplementary also due to fault of the Board, thus, his entire year has been wasted.2. Petitioner prays for the relief that respondents be directed to trace the answer book of the petitioner and to declare the result after valuation and to make the payment of compensation. Petitioner submitted various representations which have been annexed but without any redr...
Himmat Singh Vs. State
Court: Madhya Pradesh
Decided on: Mar-06-2003
Reported in: 2004CriLJ3207
S.L. Jain, J.1. The appellant Himmat Singh stands convicted under Section 302 of Indian Penal Code with sentence of imprisonment for life vide impugned judgment dated May 10, 1989 passed by Second Additional Sessions Judge, Jabalpur in S. T. No. 192/86.2. The facts of the case lie within a very narrow compass. Nek Singh (P.W. 5) is the brother of deceased Jagat Singh, Puna Bai (P.W. 3) is the daughter of Nek Singh, Gopi Bai (P.W. 7) is the wife of Nek Singh, Sita Bai (P.W. 16) is the wife of deceased Jagat Singh and Ram Singh (P.W. 6) is the son of deceased Jagat Singh. A day before the incident cattle of accused Himmat Singh entered the field of deceased Jagat Singh who objected to it. The murder of Jagat Singh is a sequel to this quarrel.3. On April 1, 1986, at about 8 a.m., deceased Jagat Singh was engaged in threshing crop in his barn. Puna Bai, the niece of the deceased, Guddi, the daughter of deceased and one Jamuna Bai were present in the field of Jagat Singh which is adjacent t...
Jagdish Prasad Sharma and ors. Vs. Asgar Khan and ors.
Court: Madhya Pradesh
Decided on: Mar-06-2003
Reported in: II(2003)ACC351; 2005ACJ1583
Uma Nath Singh and Rajendra Menon, JJ.1. This misc. appeal preferred by the claimants against the award dated 11.1.1999, passed by learned IX Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 56 of 1997, challenges the quantum of compensation, mainly on the ground that the Tribunal has seriously erred in computing the amount by not applying prevalent formula as given in the Schedule. Mr. B.N. Malhotra, learned counsel, on the other hand, submits that the impugned award is based on proper inquiry and need not be interfered in appeal.2. It is said that on 16.2.1997, at about 11 o'clock, deceased Mahadevi Sharma while travelling in a scooter of her husband Jagdish Prasad met an accident with truck No. CPW 7346, which was being driven negligently and rashly. It is also said that she was an earning hand being employed in some garment shop. She used to do knitting work for the employer. But, the evidence of the employer saying that the deceased was earning Rs. 2,000 per month from ...
Purshottam and anr. Vs. Pyarelal and anr.
Court: Madhya Pradesh
Decided on: Mar-06-2003
Reported in: II(2003)ACC362; 2005ACJ1580
R.B. Dixit, J.1. The only question involved in the present appeal is: Whether, the driver was holding a valid licence on the day of incident?2. The incident has taken place on 7.8.1997. According to the driver of the auto, Purshottam, DW 1, he was holding licence on the day of the incident. A photocopy of which has been placed on record as Exh. D-3. He has admitted that the licence was not issued in his presence but was got prepared by his father. In rebuttal, insurance company has examined its surveyor Prakash Mohan. According to him, the licence, Exh. D-3, was issued for a period from 8.8.1997 to 21.7.2017. He has also obtained a certificate of the licensing authority, Exh. D-5, to this effect. From this certificate it appears that licence was for the aforesaid period.3. It has been submitted by the learned counsel for the respondent No. 2 that in driving licence, Exh. D-3, itself the date of issue of licence has been mentioned as 9.8.1997. At any cost, it is not proved that the driv...
Ratanlal Vs. Bardi Bai and ors.
Court: Madhya Pradesh
Decided on: Mar-05-2003
Reported in: AIR2003MP248; 2003(2)MPHT295; 2003(2)MPLJ499
ORDERN.K. Jain, J.1. It is aptly said 'A Judge must not alter the material of which the Act is woven, but he could and should iron out the creases'. These famous words of Lord Denning are quoted with approval by the Supreme Court in P. Nalla Thampy v. B.L. Shanker (AIR 1984 SC 135). We are also here required to iron out some such creases which have surfaced on account of different of opinion between two Hon'ble Judges of the Division Bench of this Court while deciding this Review Petition arising from the order dated 28-6-2000 passed by Single Bench of this Court in Second Appeal No. 497/1998.2. Late Kanhaiyalal who has since died and now represented by the respondents, filed a Suit No. 66-A/1990 in the Court of Civil Judge, Class I, Khilchipur, against the present applicant Ratanlal and others for declaration and injunction in respect of certain agricultural lands. The suit was decreed by the Trial Court on 25-6-1992 and the appeal (No. 38-A/1997) filed by the defendants including the...
Bapulal Vs. Krapachand Jain
Court: Madhya Pradesh
Decided on: Mar-05-2003
Reported in: I(2004)BC73; 2004CriLJ1140; 2003(2)MPHT324; 2003(3)MPLJ66
ORDERS.L. Kochar, J. 1. This criminal revision is directed against the order dated 2-7-2002 passed by the learned Sessions Judge, Shajapur in Cr. Rev. No. 161/2001 thereby setting aside the order passed by the learned Chief Judicial Magistrate, Shajapur on 6-7-2001 in Cr. Case No. 9/2000 whereby the learned Chief Judicial Magistrate refused to register the complaint under Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'the Act') against the applicant/accused Bapulal.2. Briefly stated, the facts of the case are that the accused issue a cheque bearing No. 011016, dated 8-11-99 for a sum of Rs. 21,060/- in the name of complainant Krapachand on Union Bank of India, Shajapur Branch with a request to get it encashed after five months. The complainant/N.A. presented the said cheque to the Bank for encashment on 3-5-2000, but on account of shortage of funds in the account of the accused/applicant, the said cheque returned dishonoured. On 4-5-2000, the complainant info...
Natendra Kumar Sondhiya Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-05-2003
Reported in: 2003(3)MPHT525
ORDERS.L. Jain, J. 1. Invoking extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of writ in the nature of certiorari for quashment of the order dated 14-12-2001, passed by the State Administrative Tribunal (hereinafter referred to as 'Tribunal') in Original Application No. 1878/1996, rejecting the claim of the petitioner to be given appointment under the quota reserved for Scheduled Tribes.2. A brief resume of the facts required to be stated for disposal of this petition is as follows :--The petitioner was selected for undergoing training in the Pat-wari Training School, Rewa from 1-9-1994 to 30-54995. After completion of training, he was subjected to written test in which he was declared successful. Many of the persons, included in the list of such candidates have been given appointment as Patwari but no such appointment has been given to the petitioner. The petitioner claims that he is 'Sondhiya' ...
Oriental Insurance Co. Ltd. Vs. Suraiya Haji and ors.
Court: Madhya Pradesh
Decided on: Mar-05-2003
Reported in: 2004ACJ2080; 2003(3)MPLJ14
Bhawani Singh, C.J.1. Through this appeal, award of Motor Accidents Claims Tribunal, Khandwa, in Claim Case No. 54 of 1991, dated 8.4.1994, is challenged by the appellant on two grounds, namely, compensation is excessive and higher multiplier is used for assessment thereof, while through cross-objection enhancement of compensation is sought.2. Briefly, it may be stated that the accident took place on 1.4.1991 when Itrat Hussain (deceased) was going on his motor cycle No. MP 12-4312 from Khandwa to Ghatakhedi. Jeep No. MP 09-4847, driven rashly and negligently by Manish Kumar, owned by Bhopal Motors Private Ltd., insured with Oriental Insurance Co. Ltd., hit the motor cycle resulting in instantaneous death of Itrat Hussain. The deceased was Manager in Azad Poultry Farm, Khandwa, earning a salary of Rs. 2,000 per month. Compensation of Rs. 11,05,000 is claimed.3. Respondents have denied the allegations. However, the Claims Tribunal holds that the accident took place as alleged and the de...
Rajmal Vs. Basantibai
Court: Madhya Pradesh
Decided on: Mar-05-2003
Reported in: II(2003)DMC190
ORDERA.K. Gohil, J.1. This is plaintiff's first appeal. Plaintiff filed a suit against his wife for declaration that the marriage of the defendant/wife with the husband/plaintiff is void arid the order passed in Criminal Case No. 3 of 1982 on 29.10.1983 Under Section 125 of the Code of Criminal Procedure is void and is not enforceable against the plaintiff.2. In nutshell, the submission on the plaintiff in the suit is that initially plaintiff had married with one Dhapubai. Plaintiff is having three sons and five daughters from the said Dhapubai and she is still residing as a legally wedded wife of the plaintiff. Thereafter in the year 1964 the father of the plaintiff forcefully performed second marriage of the plaintiff with defendant Basantibai. This defendant Basanitbai has also resided with the plaintiff right from 1964 to 1982 as legally wedded wife. Thereafter there was some dispute between them. The plaintiff deserted the defendant Basantibai. She filed an application Under Secti...
Purushottam Tamrakar Vs. Shankar Lal and ors.
Court: Madhya Pradesh
Decided on: Mar-05-2003
Reported in: II(2003)ACC281; 2003ACJ2117
P.C. Agarwal, J. 1. By the impugned judgment dated 8.8.1996, the Addl. District Judge, Vidisha decreed a civil suit in part and awarded Rs. 62,000 as compensation for death of one Narendra Sharma in an industrial accident with interest at the rate of 12 per cent per annum.2. Claimants were parents Shankarlal, R-1, Geeta R-2 and grandmother Ramkali, R-3 (who died during the pendency of appeal) of deceased Narendra Sharma, who used to work in Durga Metal Industry, owned by the appellant, since 1981 on monthly salary of Rs. 300. The deceased was working in the aluminium factory on 25.7.1985, who was burnt due to vapours raised while extinguishing furnace as water had receded below the same due to negligence of the appellant. Dr. G.P. Tamrakar, DW 2, had insisted that he would cure the deceased and thus the admission of deceased to Government hospital was delayed up to 26.7.1985. Later, on 4.8.1985, deceased had died. Deceased used to earn Rs. 150 per month as overtime allowance besides mo...
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