Madhya Pradesh Court April 2003 Judgments
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Chintamani Sahu Vs. Jagat Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-09-2003
Reported in: III(2003)ACC597; 2004ACJ2041
Deepak Verma, J.1. They are heard on M(C)P No. 2561 of 2002 made by the appellant for condonation of delay. The appeal as per office note, is barred by 28 years. For the reasons assigned in the said application, which is duly supported by an affidavit, we are of the considered opinion that the delay has properly been explained. The delay, therefore, hereby stands condoned. M(C)P stands disposed of.2. With consent arguments heard on merits.3. For the injuries sustained by the appellant in a motor accident, the Claims Tribunal has awarded a total amount of Rs. 1,20,000. The details how the amount of award has been bifurcated finds place in para 24 of the impugned award.4. After having heard the learned counsel for the parties and after perusal of the record we find that for the permanent injury sustained by the appellant in his left eye, the amount of compensation awarded is on lower side. Exh. P-17 is a certificate issued by Dr. Sudha Hans, Eye Surgeon. She has mentioned in the certific...
Farook Vs. Anil and ors.
Court: Madhya Pradesh
Decided on: Apr-09-2003
Reported in: 2005ACJ271
Deepak Verma and S.K. Seth, JJ.1. The appellant, aged 22 years, working as an operator and mechanic in photocopying machine, met with a motor accident on account of which his right arm from above the shoulder joint was amputated. He filed a claim petition against the respondents for awarding him compensation. On appreciation of evidence available on record the Claims Tribunal, Dewas in M.V. Case No. 151 of 1999; decided on 8.2.2000 awarded a sum of Rs, 2,88,406 inclusive of medical treatment and fixing of the artificial limb for the appellant.2. The learned counsel for the appellant contended that Exh. P-118 proves that appellant was getting a monthly salary of Rs. 4,000 from Patel Enterprises where he was working as photocopy machine operator and mechanic. To prove this certificate PW 2, Yunus Patel, has been examined who has also testified that he was paying Rs. 4,000 per month as salary to the appellant. He has also proved the certificate that has been issued and marked as Exh. P-l ...
Makhan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-08-2003
Reported in: 2003CriLJ2777; 2003(3)MPHT284; 2003(3)MPLJ115
S.L. Kochar, J. 1. This criminal appeal, has been preferred by the appellant under Section 374 of the Code of Criminal Procedure, against the judgment dated 31-12-2002, rendered by ASJ Sonkatch in ST. No. 196 of 2001, thereby finding the appellant guilty for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, and sentencing him to undergo RI for 7 years with fine of Rs. 1,000/-, in default of payment of fine further RI for one year for offence under Section 376, IPC; to undergo RI for 5 years with fine of Rs. 1,000/-, in default of payment of fine further RI for 6 months for offence under Section 366, IPC and to suffer RI for 3 years with fine of Rs. 1,000/-, in default of payment of fine, to undergo further RI for a period of 6 months for the offence under Section 363, IPC. All sentences were ordered to run concurrently.2. The prosecution case, stated in brief, is that one day prior to the incident, the appellant asked prosecutrix that he would come on the...
Tarabai and ors. Vs. Rahul Trading and Finance Co. and ors.
Court: Madhya Pradesh
Decided on: Apr-08-2003
Reported in: II(2003)ACC288; 2004ACJ1278
Singh and Menon, JJ.1.Heard learned counsel for the parties and perused the records.2. In view of the legal principle of res ipsa loquitur and a latest judgment of the Hon'ble Apex Court in Kaushnuma Begum v. New India Assurance Co. Ltd., 2001 ACJ 428 (SC), once the vehicle in question was found to have dashed against a tree, no further evidence was required to prove the negligence. Accordingly, the Tribunal is directed to assess the compensation on the presumption that the vehicle was being driven rashly and negligently. Secondly, from para 19 of the award, it appears that some error has been committed in fixing liabilities of the parties. Hence, the Tribunal shall also examine the extent of liability of the insurance company and the private parties for payment of compensation.3. With the aforesaid directions, the M.A. is remitted to the Tribunal for afresh consideration.The parties shall appear before the Tribunal on 24.6.2003. To ensure the appearance of the parties the Tribunal sha...
Oriental Insurance Co. Ltd. Vs. Kishore Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-08-2003
Reported in: III(2003)ACC581
Deepak Verma, J.1. This appeal, under Section 173 of the Motor Vehicles Act, 1988, is at the instance of the Insurance Company against the award dated 11th February, 1998 passed by Third Motor Accident Claims Tribunal, Dhar in Claim Case No. 262 of 1997.2. Respondent No. 1 Kishore Singh, had sustained severe injuries on his body on account of a motor accident. He preferred a claim petition before the Tribunal. He examined himself as also the doctor to show the nature of injuries and the permanent disability sustained by him. On appreciation of evidence available on record and looking to the nature of injuries sustained by respondent No. 1, he has been awarded an amount of Rs. 4,24,000/- together with interest at the rate of 12% p.a. The Insurance Company is in appeal challenging the same, mainly on the ground that the claimant had failed to prove that at the relevant point, of time, the vehicle in question was insured with the Insurance Company. Respondent No. 1 has also filed cross-ob...
Dr. Harihar Nath Garg Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-07-2003
Reported in: 2003(2)ALT(Cri)20; 2003(2)MPHT489
ORDERSubhash Samvatsar, J.1. This petition is filed under Section 482, Cr.PC. By this petition, the petitioner has prayed for quashing of proceedings in Criminal Case No. 161/96 registered in G.R.P., Police Station, Guna, for committing offence under Section 491/34, IPC and the proceedings pending in the Court of Judicial Magistrate Class First, Shadhora, in Criminal Case No. 560/99, in which the charges under Sections 491 and 304A, IPC are framed against the present applicant. The said order is confirmed in Criminal Revision No. 44/2000 by the Addl. Sessions Judge and the Special Judge, Guna, by order dated 10-4-2000.2. The facts giving rise to the criminal case are that on 28-6-1996, a complaint was lodged by some of the employees of Railway that one Jeep from Civil Hospital came to the Railway Station. From the said Jeep one Sunderlal and Pawan and some other persons got down and threw a body of a person, namely, Ghasiya, who died immediately thereafter on the Station and returned b...
New India Assurance Co. Ltd. Vs. Smt. Savita Sen and ors.
Court: Madhya Pradesh
Decided on: Apr-07-2003
Reported in: 2004ACJ2134; [2004(102)FLR927]; (2004)IIILLJ250MP; 2004(3)MPHT7; 2004(2)MPLJ445
ORDERRajeev Gupta, J.1. These matters have been placed before us on a Reference by a Division Bench of this Court for decision on the following question of law :--'Whether the third proviso to Section 30(1), of the Workmen's Compensation Act, 1923, requiring the employer to accompany certificate of deposit from the Commissioner for workmen's Compensation of the amount of compensation alongwith the memorandum of appeal is applicable to the appeal filed by the Insurer also ?'2. These appeals were filed by the Insurer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), against the award passed by the Commissioner for Workmen's Compensation. A preliminary objection has been raised on behalf of the respondent that the appeals filed by the Insurer are not competent, as the memorandum of appeal is not accompanied by a certificate of the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed ...
Ku. Rajni Khare Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)MPHT182
ORDERArun Mishra, J.1. Petitioner, a young girl of 18 years, has come to this Court. According to police she was victim of rape under Section 376, IPC and two of the accused persons committed rape, she came out of a house, intercepted by Rickshawala, then police squad party also reached the spot, took the young girl Rajni Khare to the police station, report was reduced in writing, then the sad story commences.2. I refrain from discussing the facts and merits of the case so far as commission of offence of rape is concerned. There is allegation by petitioner that case is false. Counter allegation that case is correct. This Court confines the scope of the writ petition to detention part of petitioner and refrain to comment on the investigation under Section 376, IPC as challan has already been filed before the Competent Court and sessions trial is pending before the learned Addl. Sessions Judge. Facts as regards to commission of offence of rape and whether petitioner has been victimized b...
Madhav Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)MPHT398; 2003(3)MPLJ565
ORDER1. This writ petition preferred under Articles 226 and 227 of the Constitution of India is directed against the order dated 2-11-99 and the order on application for review arising out of the order in O.A. No. 2255/1997 passed by the Member (A), S.A.T. for brevity the Tribunal.2. The facts, in brief, are that the petitioner was a clerk in the service of the State of M.P. and had completed 34 years tenure. The petitioner was subjected to Medical Board which recommended that he was unfit to work. Consequently the petitioner was made to retire w.e.f. 30-10-94. His pension has been determined under the provisions of M.P. Civil Services (Pension) Rules, 1976. The petitioner filed O.A. No. 2255/97 before the Tribunal contending inter alia, that the pension ought to have been determined with reference to Rule 35 of M.P. Civil Services (Pension) Rules, 1976.3. The stand of the petitioner was combatted on the base that under Rule 43 (4) of the M.P. Civil Services (Pension) Rules, 1976 in no...
B.S. Sundaravadivel Mudaliar and Sons Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2003
Reported in: 2003(3)MPHT334; 2004(1)MPLJ27
ORDERArun Mishra, J.1. Petitioner is a purchaser of Tendu leaves (units) for the 1990 season, assails the recovery of Sales Tax under the M.P. General Sales Tax Act, 1958. Petitioner submits that as petitioner has purchased the leaves as per the tender notice and has taken the goods to State of Tamil Nadu, the M.P. General Sales Tax is not recoverable. Petitioner is liable to pay Central Sales Tax. The transaction is being that of inter-State sale.2. In the petition it is averred that the petitioner offered for the purchase of the unit No. 270 and unit No. 279 within the State of M.P. for purchase of Tendu leaves and also deposited the amount of royalty. The Madhya Pradesh State Minor Forest Produce (Trading and Development) Co-operative Federation Ltd., is charging Sales Tax inter alia on royalty paid, collection charges and forest development cess. Petitioner submits that though auction is made in the State of M.P., the collection charges bills are sent to the petitioners at their Ma...
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