Madhya Pradesh Court December 2005 Judgments
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SatyanaraIn and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-09-2005
Reported in: 2006(1)MPHT517
Manjusha Namjoshi, J.1. This appeal under Section 374(2), Cr.PC has been preferred by the accused persons against the judgment and order of conviction recorded by Sessions Judge, Rewa in Sessions Trial No. 42/90, decided on 12-12-1990.2. The appellants and acquitted co-accused Chhotelal were charged and prosecuted for commission of offences under Sections 306, 304B and 498A, IPC, on the ground that soon before the death of deceased Urmila on 19-9-89, she was subjected to cruelty or harassment or demand for dowry and abeted the death of the deceased. Learned Trial Court after appreciating the evidence available on record, has found the charges proved against the appellants and has accordingly, awarded seven years rigorous imprisonment under Section 304B and five years rigorous imprisonment under Section 306, IPC. Both sentences were to run concurrently.3. The case of the prosecution is as under :--Acquitted co-accused Chhotelal is the father of appellants No. 1 and 3. Appellant No. 2 is...
State of M.P. Vs. Surendra Nath, Ias and anr.
Court: Madhya Pradesh
Decided on: Dec-08-2005
Reported in: 2006(1)MPHT215
A.K. Patnaik, C.J.1. The respondent No. 1 is a Member of the Indian Administrative Service and belongs to the Madhya Pradesh cadre. In the CR of the respondent No. 1 for the period Ist April, 1996 to 30th June, 1996, there were some remarks which the Central Government by an order dated 24-7-2002 directed to be treated as 'nonest'. In his CR for the period of 2001-02, the respondent No. 1 was graded as 'Average'. The respondent No. 1 filed W.P. (C) No. 7001/2003 before the Delhi High Court and by an interim order dated 30-1-2004, the Delhi High Court directed that the said grading of 'Average' given in his CR for 2001-2002 shall not be taken into consideration for promotion within his own cadre till further orders. On 30-1-2004, a DPC met to consider the case of IAS Officers of the Madhya Pradesh cadre including respondent No. 1 for promotion to the grade of Chief Secretary. Since the case of the respondent No. 1 was Sub-judice before the Delhi High Court, the DPC in the said meeting d...
Krishan Kumar Dubey Vs. Tularam and ors.
Court: Madhya Pradesh
Decided on: Dec-08-2005
Reported in: IV(2006)ACC891; 2006ACJ2178
A.P. Shrivastava, J.1. Being aggrieved by the award dated 23.12.1999 passed by Additional Motor Accidents Claims Tribunal, Sohagpur, in Motor Claim Case No. 4 of 1990, the appellant preferred this appeal for enhancement of compensation under Section 173 of Motor Vehicles Act, 1988.2. Facts of case are that on 22.12.1989, the deceased Shakuntala Dubey who was teacher at Naveen Convent School, Sohagpur, at about 4 p.m. was returning to home from the school. When she reached near Sohagpur, jeep No. MKK 2763 which belongs to respondent No. 2 and driven by respondent No. 3 dashed against her which resulted injuries on her person and she died on the spot. The appellant is husband of deceased Shakuntala Bai. A criminal case under Section 304A, Indian Penal Code was also registered against the respondent No. 3 before the Judicial Magistrate, First Class, Sohagpur. Apart from the salary she earned Rs. 1,500 per month from tuition. The appellant demanded Rs. 10,50,000 as compensation before the ...
Ram Vishal Alias Vishali Kachhawaha Vs. Dwarka Prasad Jaiswal
Court: Madhya Pradesh
Decided on: Dec-07-2005
Reported in: AIR2006MP68; 2006(2)MPLJ507
ORDERK.K. Lahoti, J.1. The petitioner has challenged order dated 24-8-2005 passed by Second Civil Judge, Class-II, Katni in Civil Original Suit No. 12-A/2000, by which petitioner's prayer for recalling the plaintiff for cross-examination in consequence of amendment in the pleadings and another application for sending for the records from the office of Municipal Corporation in respect of assessment of Property Tax has been rejected.2. The case of the petitioner is that a suit for eviction has been filed by the respondent against the petitioner in respect of residential accommodation. After closure of evidence an application for amendment was filed by the petitioner on 18-7-2005 in which the petitioner sought amendment of written statement stating that three civil suits were filed by the plaintiff in respect of his bona fide necessity. Those suits were decided by compromise and the accommodation involved in the aforesaid suit has come into the possession of the plaintiff and there is no ...
Ramjan Khan and anr. Vs. Khuman and ors.
Court: Madhya Pradesh
Decided on: Dec-07-2005
Reported in: 2006ACJ1490
P.K. Jaiswal, J.1. This appeal is filed by the owner and driver of the vehicle under Section 173 of Motor Vehicles Act challenging the award dated 29.2.2000 passed by the Motor Accidents Claims Tribunal, Datia in Claim Case No. 44 of 1997.2. Brief facts of the case are that the claimants-respondent Nos. 1 and 2 have filed a claim petition alleging that their son Monu was travelling in jeep bearing registration No. DAO 9945 as passenger and was going from Basai to Jhansi on 5.10.1997 at 10 in the morning. No sooner the jeep reached Basai square the appellant No. 2, who was driving the vehicle very rashly and negligently applied the brakes forcefully, due to which the deceased Monu Ahirwar who was sitting in the jeep was thrown out and fell on the road. Due to the accident he received injuries and died on the spot. The jeep was owned by appellant No. 1 and driven by the appellant No. 2. According to the claimants the jeep was driven rashly and negligently by appellant No. 2, which has re...
Oriental Insurance Co. Ltd. Vs. Ms. Seema Chouhan and ors.
Court: Madhya Pradesh
Decided on: Dec-07-2005
Reported in: II(2006)ACC436
1. The Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 30.7.2004 of the Motor Accident Claims Tribunal, Neemuch in M.V. Case No. 13 of 2003 by which the respondents as L.Rs. of deceased Nandkishore Chouhan have been granted compensation in a sum of Rs. eleven lakh on account of the death of Nandkishore in a motor accident while he was travelling in a Maruti Car.2. The accident occurred while Nandkishore was going as a passenger in a car driven by one Nemichand Patidar which collided with a druck bearing registration No. MP-14-G-7672 parked on the road. It was stated that its driver NA No. 1 Ramesh had parked it in a haphazard manner without switching on the parking lights or placing any other sign for the safety of the traffic on the road with the result the Maruti Car in which the deceased was travelling, collided with the Truck causing injuries over the head of Nandkishore who died instanteously.3. Deceased Nandkishore...
Jayanti Bhai Valji Bhai Kataria Vs. Kamlakar
Court: Madhya Pradesh
Decided on: Dec-06-2005
Reported in: 2006(1)MPHT532
S.S. Dwivedi, J.1. This petition has been filed by the applicant under Section 482, Cr.PC the quashment of the criminal complaint Case No. 1940/2004 (Kamlakar v. Jayanti Bhai) pending before the Court of CJM, Khandwa for the offence under Section 138 of the Negotiable Instrument Act (hereinafter N.I. Act for brevity).2. The factual matrix of the case in brief are that the non-applicant complainant has filed a private complaint before the CJM Khandwa under Section 138 of the NI Act, with the allegations that the petitioner/applicant has borrowed cash loan of Rs. 2,81,138/- from the complainant and for this amount issued an advance cheque No. 737409 dated 10-6-2004 on his account maintained in State Bank of India, Narmada Nagar Branch, Khandwa payable to self. It is also contended by the non- applicant/complainant that the applicant had assured him that the loan amount shall be paid to him on the presentation of the cheque. The complainant deposited the aforesaid cheque in his account in...
Union of India (Uoi) Vs. Dhar Textile Mills Ltd.
Court: Madhya Pradesh
Decided on: Dec-06-2005
Reported in: 2006(198)ELT26(MP)
ORDER1. The appellants - Union of India and Commissioner, Central Excise and Customs, Indore, have filed this appeal under Section 35G of the Central Excise Act, 1944 against the decision dated 23-9-2004 of the Customs, Excise & Service Tax Appellate Tribunal, New Delhi, in Appeal No. E/296/04-NB(A) by which the appeal has been dismissed on the ground that the Revenue did not challenge the findings of the Commissioner (Appeals) on merits and the only ground raised was that the demand Under Section 11A of the Central Excise Act was not time barred. Though this appeal was admitted on several questions raised in the appeal memo, the parties hereto agree that the only question, in the light of the finding arrived at by the Tribunal, that arises for determination in the present case is whether the Tribunal committed an error of law in holding that there was no challenge to the order of the Commissioner (Appeal) on merits although in the appeal memo filed by the Revenue, the order of the Com...
Farida Bano Vs. Kamruddin
Court: Madhya Pradesh
Decided on: Dec-06-2005
Reported in: II(2006)DMC698; 2006(1)MPLJ269
ORDERW.A. Shah, J.1. This is a revision under Section 397 of the Code of Criminal Procedure ('Code' hereafter) by applicant/wife Farida Bano against the respondent/husband Kamruddin. It arises out of order dated 17.6.1999 passed by Additional Sessions Judge, Badwah in Criminal Revision No. 52 of 1999 whereby reversing the order of the Magistrate the learned Additional Sessions Judge held that in the circumstances of the case the applicant/wife was not entitled to maintain application under Section 125 of the Code against the respondent.2. On 27.2.1997 the applicant filed an application under Section 125 of the Code in the Court of Judicial Magistrate, First Class, Badwah against the respondent. The respondent resisting the application in his written statement inter alia submitted that on 25.12.1996 in the presence of witnesses he had divorced the applicant Farida Bano and also sent its information to her by Regd. A.D. Post. The respondent thereafter on 5.4.1997 submitted an application...
G.S. Gyani and Company Vs. Oriental Electric and Engineering Co. and a ...
Court: Madhya Pradesh
Decided on: Dec-05-2005
Reported in: 2006(1)MPHT354; 2006(2)MPLJ530
ORDER1. This is an appeal under Section 37 of the Arbtiration and Conciliation Act, 1996 assailing judgment dated 23-8-2002 passed by the 5th Additional District Judge, Bhopal in Arbtiration Case No. 81/2002 b which the objection raised by the respondents in respect of misconduct of the arbitrator sustained and award has been set aside.2. Respondents in spite of service have not cause their appearance.3. The facts of the case are that there was an agreement between the appellant and respondent No. 1. Para 12 of the contract provides an arbitration clause in respect of any dispute between the parties. Both the parties were entitled for appointment of one arbitrator each. But in case of no consensus, parties were free to approach the Court for appointment of the arbitrator. Appellant filed a Civil Suit No. 61-A/95 before the 5th Additional District Judge, Bhopal for appointment of the arbitrator which was allowed by judgment dated 4-4-2000. Both the parties proposed the name of arbitrato...
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