Madhya Pradesh Court June 2003 Judgments
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Bhagirath and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-27-2003
Reported in: 2004CriLJ4333
Dipak Misra, J.1. In this criminal appeal preferred under Section 374 of the Code of Criminal Procedure (in short 'the Code') three appellants, namely, Bhagirath, his wife Dulari and his son Komal have called in question the defensibility of the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Khurai, District Sagar in S. T. No. 312/90.2. It is relevant to mention here that the appellant Nos. 1 and 2 have been convicted of the offence punishable under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and the appellant No. 3 has been convicted under Section 302 of I.P.C. and sentenced to undergo rigorous imprisonment for life. Further he has been convicted under Section 436 of I.P.C. and sentenced to suffer R.1. for ten years.3. Shorn of unnecessary details the prosecution story is that Laxmibai was the wife of Madhav Singh and Raj Bai was her daughter. Komal is the elder brother of Madhav Singh. The other a...
Smt. Sandhya Dubey and Three ors. Vs. Shyam Kumar and ors.
Court: Madhya Pradesh
Decided on: Jun-26-2003
Reported in: 2005ACJ92; 2003(4)MPHT321; 2004(1)MPLJ518
ORDERBhawani Singh, C.J. 1. Both these appeals (M.A. No. 333 of 1993 - Smt. Sandhya Dubey and Ors. v. Shyam Kumar and Ors. and M.A. No. 373 of 1993 - Shyam Kumar and Anr. v. Smt. Sandhya Dubey and Ors.) are being decided by this judgment since they arise out of the same accident. M.A. No. 333 of 1993 has been preferred by the claimants for enhancement of compensation and putting the whole liability for payment of compensation on the Insurance Company, while M.A. No. 373 of 1993 has been preferred by the owner and driver of the vehicle for reduction of award and putting the liability on the Insurance Company. 2. Shri Mathura Prasad Dubey, husband of Smt. Sandhya Dubey and father of Ku. Arundhati, Ku. Parul and Ku. Kaikna was Executive Engineer in Betwa Circle, Irrigation Department, Government of M.P. On 18-5-1989 at 6.00 a.m., he was going for morning walk. Near Nutan College, Mini Bus bearing Registration No. CIC 673, driven rashly and negligently, hit him. He sustained injuries, fell...
Steel Authority of India Ltd. Vs. Jaggu and anr.
Court: Madhya Pradesh
Decided on: Jun-25-2003
Reported in: (2004)ILLJ75MP; 2003(3)MPHT357; 2004(1)MPLJ479
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 27-2-2003 (Annexure P-6) of respondent No. 2, the Authority under the Minimum Wages Act, 1948 (hereinafter to be referred to as 'the Act').2. Respondent No. 1 Jaggu and a number of other persons were working as contract labour at Dolomite Lime Stone Mines at Kuteshwar belonging to petitioner Steel Authority of India Limited. The Government of India issued the notification dated 17-3-1993 under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 prohibiting 'contract labour' in such mines. The question arose whether after the issue of this notification the contract labourers became the direct employees of the petitioner company. Following the decision of the Supreme Court in Air India Statutory Corporation v. United Labour Union, AIR 1997 SC 645, a Single Bench of this Court by order dated 23-10-1997 in W.P. No. 921 of 1997 answered this q...
Raghuveer Charan Sharma Vs. Aditya Narayan Kapoor
Court: Madhya Pradesh
Decided on: Jun-25-2003
Reported in: 2003(3)MPHT456; 2003(4)MPLJ112
ORDERUma Nath Singh, J. 1. The civil revision impugns a composite order dated 22-3-2000 passed by the Rent Controlling Authority, Vidisha in Case No. 4/A-90/98-99, rejecting the application of the tenant/applicant (herein) for leave to defend under Section 23-C of the M.P. Accommodation Control Act, 1961 (for short 'the Act') and directing eviction of the tenant (applicant herein) thereunder. The reasons leading to rejection of the application as noted in the impugned order are that the application was filed after inordinate delay of 8 months on 9-9-1997; that it did not disclose sufficient ground to defend and that the earlier application for leave to defend filed on 6-1-1997 was not only time barred but was also not supported by an affidavit as per Section 23-C of the Act. Section 23-C of the Act, being a relevant provision, on reproduction reads as under:--'23-C. Tenant not entitled to contest except under certain circumstances.-- (1) The tenant to whom the summons is served in the ...
Ganesh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-25-2003
Reported in: 2004CriLJ2327; 2004(1)MPHT211; 2004(1)MPLJ387
Rajeev Gupta, J. 1. Appellant Ganesh stands convicted under Section 302, IPC, with sentence of imprisonment for life, vide impugned judgment dated 4-12-1992, passed by First Additional Sessions Judge, Betul in Sessions Trial No. 72/92.2. Appellant Ganesh has been found guilty of causing multiple injuries on deceased Pundlik, by means of a piece of stone, in the morning of 8-4-92, resulting in his death.3. Appellant's conviction is founded on the eye-witness account of Nathu (P.W. 2), Bhimrao (P.W. 3), Ramdas (P.W. 4) and Lallu (P.W. 5), who have categorically deposed that appellant Ganesh, during the course of a sudden quarrel between him and deceased Pundlik, caused multiple injuries on him by means of a piece of stone.4. The Trial Court, on the ocular and medical evidence led by the prosecution at the trial, found that deceased Pundlik sustained multiple external injuries in the morning of 8-4-92 and died a homicidal death, on account of those injuries. Relying upon the eye-witness a...
Eveready Industries India Ltd. and ors. Vs. Shri P.S. Parihar and anr.
Court: Madhya Pradesh
Decided on: Jun-24-2003
Reported in: 2003(3)MPHT257; 2003(4)MPLJ24
ORDERS.P. Khare, J. 1. This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 7-4-2001 passed by respondent No. 2 appellate authority under the M.P. Shops and Establishments Act, 1958 (hereinafter to be referred to as 'the Act') by which respondent No. 1 P.S. Parihar has been reinstated in the service of the petitioner company. 2. It is not in dispute that respondent No. 1 P.S. Parihar was appointed by the petitioner Company on 26-2-1977 as a Stores Clerk. He was working at Jabalpur from 1-4-1991 as Territory Supervisor. He was posted as 'customer service assistant' at his request because of his poor health. His services were terminated by order dated 11-12-1997. It was a simple discharge without casting any stigma. He was given one month's wages in lieu of notice as per terms of appointment and also as per Section 58(1) of the Act. He challenged the order of termination by filing an appeal under Section 58 (2) of the Act before app...
Virendra Bahadur Singh Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jun-24-2003
Reported in: 2003(4)MPHT246
ORDERBhawani Singh, C.J. 1. Through this writ petition under Article 226/227 of the Constitution of India, petitioner assails the order of Central Administrative Tribunal (CAT), Jabalpur Branch, dated October 30, 2000, passed in O.A. No. 892/2000.2. Briefly stated, petitioner is the son of late Shri V.B. Singh, an employee of Department of Telecommunications, Jabalpur. After having reached almost the fag end of service, he died on 17-2-1990. He left behind 6 family members : widow, 3 daughters and 2 sons. Sequel to the death of late Shri V.B. Singh, the family got Rs. 1,45,316.00 towards G.P.F., D.C.R.G., C.G.E.G.I.S. and leave encashment. Besides terminal benefits, family pension of Rs. 1,187.00 p.m. is released in favour of the family. Case of the petitioner was rejected on 22-5-1992. Grievance of the petitioner is that respondents did not advance cogent reasons for this rejection, although all particulars sought by the respondents were furnished. Respondents submit that the deceased...
Commissioner of Income Tax Vs. Smt. Shreenbai
Court: Madhya Pradesh
Decided on: Jun-24-2003
Reported in: (2004)187CTR(MP)31; [2004]271ITR400(MP)
1. Heard on admission.2. This is an appeal under Section 260A of the IT Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the Revenue against the order dt. 27th March, 2002 passed by the Tribunal, Indore Bench, Indore, whereby the application preferred by respondent-assessee under Section 254(2) of the Act, has been allowed.3. Learned counsel for appellant strenuously contended that this course amounts to reviewing the earlier order which is not permissible under the law. Reliance has been placed on a judgment of this High Court Dr. Hukumchand Maroti v. CIT : [2002]254ITR602(MP) . After having gone through the said judgment, we are of the opinion that it is not applicable to the facts of the instant case. In fact, in the present case a finding in favour of the respondent-assessee was already recorded in the main order passed by the Tribunal on 13th July, 2001. The said main order passed by the Tribunal on 13th July, 2001 was not challenged by the Revenue at any stage...
M.P.S.E.B. and anr. Vs. Jasbeer Singh
Court: Madhya Pradesh
Decided on: Jun-24-2003
Reported in: AIR2004MP151; 2004(1)MPLJ512
Bhawani Singh, C.J.1. This appeal is directed against the judgment and decree passed by District Judge, Narsimhapur, dated January 6, 2003, in C.S. No. 8-B/ 1995.2. Respondent is engaged in transport business. Truck No. CPJ 4122 is owned by him. On 3-6-1992, the truck had been taken by Bhagatsingh, agent of Harbhajan Singh Lamba, for carriage of Tendu leaves from Khamaria to Narsimhapur. While the truck was going from Richhai to Narsimhapur, loaded with Tendu leave bags, it caught fire , due to spark from electric supply line of the appellants. As a result, except for 6 bags of Tendu leaves, remaining bags were burnt. The truck was also burnt in the fire. Therefore, plaintiff lodged claim for damages in the trial Court on the ground that the fire accident took place due to the negligence of the appellants in not maintaining electric line properly which was hanging 13' above the road. Claim for Rs. 1,09,000.00 has been raised.3. Appellants defendants denied the claim. It is stated that ...
Avantibai and ors. Vs. Mohanlal and ors.
Court: Madhya Pradesh
Decided on: Jun-24-2003
Reported in: 2004ACJ969
Deepak Verma and S.K. Seth, JJ.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation awarded by the First Addl. Motor Accidents Claims Tribunal, Dhar, in the Claim Case No. 47 of 1991, decided on 28.4.1994.2. Late Mukut Singh, husband of appellant No. 1 and father of appellant Nos. 2 to 5, died in a road accident on 25.12.1987 when the passenger bus No. GIF 1986 ran over Mukut Singh. As a result he died on the spot. At the time of the accident the deceased was working as Food Inspector and was drawing a salary of Rs. 1,284 per month. The Tribunal, after appreciating the evidence came to the conclusion that the accident occurred due to rash and negligent driving of the bus by the driver, which was undisputedly insured with respondent No. 3, New India Assurance Co. Ltd. The Tribunal, after deducting the amount of family pension which the appellant No. 1 is getting, has arrived at a finding that the dependency of the appellant comes to Rs....
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