Madhya Pradesh Court February 2004 Judgments
B.K. Dani and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-17-2004
Reported in: 2005CriLJ876; 2004(3)MPLJ580
ORDERS.K. Pande, J.1. By these petitions Under Section 482, Cr. P.C. petitioners request for quashing of Criminal Case No. 498/95, pending in the Court of MFC, Bhopal.2. Petitioners are publishers and book sellers. In respect of model questions and answers said to have been published and sold by petitioners, Secretary, Board of Secondary Education, Madhya Pradesh on 14-10-1994, lodged a report with Maharanapratap Nagar Police Station alleging that the petitioners have committed Offence by infringing the copyright in a work which consisted of a book on model questions and answers published by it. It was further alleged that the aforesaid publication of the petitioners was without permission or consent of the Board. On the report aforesaid, offence Under Section 63 of the Copyright Act, 1957 has been registered and petitioners have been charge-sheeted. Arising out of this, they are facing trial in Criminal Case No. 498 / 95 before the MFC, Bhopal. On appearance, petitioners contended tha...
Tag this Judgment!Mishrilal Vs. Nirmal Kumar and anr.
Court: Madhya Pradesh
Decided on: Feb-17-2004
Reported in: III(2004)ACC848; 2005ACJ298; 2004(4)MPLJ3
P.C. Agrawal, J.1. By the impugned order, the Commissioner for Workmen's Compensation ('Commissioner' for short) has awarded Rs. 39,912 as compensation with interest at the rate of 9 per cent per annum since 6.8.1987 to be paid within 3 months and in default of payment, has awarded the penalty of 25 per cent with the direction that both the parties shall bear their own costs.2. The appellant was employed as truck driver on truck No. RSO 5000 owned by Nirmal Kumar, R-l, on 6.8.1987, the truck was overturned due to sudden mechanical failure and the appellant suffered fracture of right humerus with partial radial nerve palsy, compound fracture of 5th metacarpal, first phalanx of ring and little finger of left hand and compound fracture of 4th metatarsal of left foot. Appellant remained admitted between 6.8.1987 and 11.8.1987 in Government Hospital and then in the hospital of Dr. Ramsingh between 13.8.87 and 9.10.1987. As per claim of appellant, he has suffered total permanent disability a...
Tag this Judgment!Parmal Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-13-2004
Reported in: 2004(2)MPHT95; 2004(2)MPLJ154
A.K. Shrivastava, J.1. The judgment of conviction and order of sentence passed by the Trial Court, is impugned in this appeal. The learned Trial Judge convicted the appellant under Sections 376 and 450, IPC and he has been sentenced to suffer rigorous imprisonment of ten years under each section, he has been further sentenced with fine of Rs. 5000/- under each offence and in default further R.I. of two and half years. Needless to emphasis the Trial Court directed both the sentences to run concurrently.2. No exhaustive statement of facts are necessary for the purpose of disposal of this appeal, suffice it to say that in between the night of 12-13lh March, 2001 when the prosecutrix was sleeping inside her house along with her mother Keshar Bai (P.W. 3), at that juncture the appellant knocked the door and called in female voice as a result of which prosecutrix woke up and opened the door. On opening the door, the appellant rushed inside the house and closed the door, as a result of which ...
Tag this Judgment!Bhaskar Tiwari Vs. Jiwaji University and anr.
Court: Madhya Pradesh
Decided on: Feb-13-2004
Reported in: AIR2005MP110; 2004(3)MPHT145; 2004(2)MPLJ281
ORDERRajendra Menon, J.1. As common questions are involved in all these petitions, they arc being disposed of by this common order.2. Petitioner, Bhaskar Tiwari in W.P. No. 113/2004 is a student pursuing his studies in Bachelor of Homeopathic Medicine and Surgery, (hereinafter referred to as 'B.H.M.S.'). He was admitted in the Session 2000-01 in the respondent No. 2, institute. According to the petitioner in the prospectus and documents issued by the institute at the time of admission, it has been indicated that the institute is affiliated to the Jiwaji University, Gwalior and after participating in the entrance examination and after counselling, he was granted admission in the first year B.H.M.S., course. The course was of eighteen months duration and after completion of the course in August, 2003, he was entitled to appear in the first year B.H.M.S. examination to be conducted by the respondent No. 1/University. It is the case of the petitioner that in spite of the fact that in accor...
Tag this Judgment!Sushil JaIn (Ms.) and ors. Vs. Bhel Shiksha Mandal
Court: Madhya Pradesh
Decided on: Feb-13-2004
Reported in: (2004)IIILLJ1092MP; 2004(3)MPLJ532
ORDERArun Mishra, J.1. In these writ petitions teachers and BHEL Shiksha Sangh have prayed for the relief of quashment of order (P-1) dated November 9, 2000 passed by H.E. Education Society by which circular dated January 7, 1998 has been modifed. In view of the order passed by this Court in H. E. Education Society v. Appellate Authority under Payment of Gratuity Act, Bhopal and Anr., 2001-I-LLJ-691 (MP) decided on July 20, 2000 by Brother S. K. Kulshrestha J., in which it was held that teachers are not covered within the definition of 'employee' under Section 2(e) of Payment of Gratuity Act, 1972.2. In W. P. No. 202/2003 the relief prayed is to quash the above order (P-l) dated November 9, 2000 and declaration is sought that teachers are covered under the definition of employee under the Payment of Gratuity Act, 1972 and they are entitled to the benefit of payment of gratuity. In the alternate teachers of respondent society be declared to be at par with teachers of Central Schools in ...
Tag this Judgment!Sheikh Bashir and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-13-2004
Reported in: 2005CriLJ73
S.L. Jain, J.1. Appellants Sheikh Bashir and Sheikh Shafiq, who stand convicted under Section 302, IPC read with Section 34 thereof with sentence of imprisonment for life vide impugned judgment dated 11-3-89 passed by the Second Additional Sessions Judge, Bhopal, in Sessions Trial No. 98/86, have filed this appeal under Section 374(2) of the Code of Criminal Procedure.2. The prosecution case, in brief is that on 30-10-87 at about 12.00 o'clock in the afternoon the plouging operation was going on in the field of deceased Sheikh Nasir, known as 'Raghunathwala khet'. Deceased Shekih Nasir along with Sayed All (PW-10), Sheikh Mohd. alias Gutkay (PW-12) and Sheikh Rafique (PW-14) was ploughing the field. Sheikh Haneef (PW-9) and Sheikh Rayees (PW-11) were engaged in agricultural operations in the adjoining field. Appellant Sheikh Basheer his two sons namely, Sheikh Shafiq, appellant No. 2, and Sheikh Sharif and his brother-in-law, Sheikh Rehman reached the spot.3. Appellants Sheikh Bashir a...
Tag this Judgment!Raisa and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Feb-13-2004
Reported in: 2006ACJ169
Deepak Verma and S.K. Seth, JJ.1. This appeal by the claimants under Section 173 of the Motor Vehicles Act, 1988 is against the award dated 12.11.1998 passed by Additional Motor Accidents Claims Tribunal, Jaora, in M.V. Case No. 81 of 1997.2. One Mustaq Khan, driver by profession, met with a motor road accident on the night of 10.10.1997 while he was driving his Tempo Trax which was going from Jaora to Neemuch. Near Dodar village respondent No. 2, who was driving truck bearing registration No. JK 02-E 9578 and was owned by the respondent No. 3 and was insured with respondent, came from opposite direction in a rash and negligent manner. It violently dashed the said Tempo Trax driven by deceased. On account of violent impact on the Tempo Trax, deceased Mustaq sustained severe bodily injuries and succumbed to the same. The legal representatives of the deceased, i.e., his widow and minor children filed claim petition with a prayer for awarding compensation to them for untimely death of Mus...
Tag this Judgment!Jokhi Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-12-2004
Reported in: 2004CriLJ3764; 2004(2)MPHT91; 2004(2)MPLJ225
A.K. Shrivastava, J.1. By this appeal preferred under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment of conviction and order of sentence dated 9-3-1999 passed by 3rd Additional Sessions Judge, Shivpuri in Sessions Trial No. 187/92 whereby he has been convicted under Section 376(2), IPC and has been sentenced to suffer R.I. of 10 years and fine Rs. 5000/-, in default further R.I. of one year.2. In brief the case of the prosecution is that in the after noon of 18-9-1992 the prosecutrix who is an innocent child of 6 years, was accompanying her mother, lateron her mother Kusum Bai, as she was walking little fast proceed ahead, later on the prosecutrix came to her, she was weeping. The mother noticed that the private part of the prosecutrix is stained by blood and blood was squeezing, on being asked, she said that appellant committed this hateful sin. The mother of the prosecutrix approached the appellant and asked why he has done such a sin, ...
Tag this Judgment!Jabalpur Development Authority Vs. Y.S. Sachan and ors.
Court: Madhya Pradesh
Decided on: Feb-12-2004
Reported in: 2004(2)MPHT314; 2004(2)MPLJ178
ORDERKumar Rajaratnam, C.J.1. In this appeal preferred under Clause 10 of the Letters Patent the legal validity of the order dated 5-8-2003 passed by the learned Single Judge in W.P. No. 3411/2000 has been called in question whereby the learned Single Judge has allowed the writ petition preferred under Articles 226 and 227 of the Constitution of India in part. During the pendency of this appeal the respondent No. 1 preferred a cross appeal. The Division Bench expressed the view that the matter involved an important question of law and thought it appropriate that the matter should be placed before the Full Bench. An added importance, which the Division Bench felt, is the Division Bench decision of the High Court of Andhra Pradesh rendered in the case of Chittoor Co-op. Town Bank Ltd. v. T. Krishaiah Chetty and Anr., AIR 1983 Andhra Pradesh 259. Though the said judgment, strictly speaking, is not a binding precedent on this Court but has the persuasive effect, yet such a pronouncement wo...
Tag this Judgment!Shrikant Bangur and ors. Vs. Shree Synthetics Shramik Union
Court: Madhya Pradesh
Decided on: Feb-12-2004
Reported in: [2004(101)FLR547]; (2004)IILLJ968MP
ORDERA.K. Awasthy, J.1. Applicant has filed the petition under Section 482 of Cr.P.C. for the quashment of the criminal complaint filed under Section 405/406 of the I.P.C. by the respondent registered as Case No. 250/2003 by Judicial Magistrate Class I Ujjain.2. The case of the complainant is that complainant Jitendra Kumar is General Secretary of the Synthetic Workers Union which is representative Union duly registered under the Trade Unions Act having its registered office at Laxmi Bai Marg, Ujjain and he is authorised under Section 21 of M.P. Industrial Relations Act, 1960 to file the complaint on behalf of the Union. That Shree Synthetics Limited is a company registered under the Companies Act and it is carrying on business of manufacturing of Nylon and Polyester yarn in its factory situated at Navlakhi Maksi Road, Ujjain. That applicant/accused No. 1 is the Senior Executive President of the Company and the accused Nos. 2 and 4 are the Vice President and the Secretary of the Compan...
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