Madhya Pradesh Court December 2005 Judgments
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National Insurance Co. Ltd. Vs. Lachhibai and ors.
Court: Madhya Pradesh
Decided on: Dec-05-2005
Reported in: 2006ACJ1174
Arun Mishra, J.1. This appeal has been preferred by the insurer aggrieved by an award dated 27.11.1999 passed by 3rd Addl. Motor Accidents Claims Tribunal, Chhindwara in Claim Case No. 90 of 1998.2. On 27.5.1998 deceased Lakkhu was travelling in an autorickshaw No. MP 28-T 0307, when it reached near Piparia Naka, owing to rash and negligent driving of Ravi, same turned turtle, deceased Lakkhu sustained serious injuries and died on the spot, report was lodged at the concerned Police Station, Chand, criminal case was registered. Age of deceased was 50 years, he was earning a sum of Rs. 4,000 per month as per the claimants, compensation of Rs. 7,25,000 was claimed.3. The owner and driver in their written statement admitted the factum of accident, however, negligence on part of the driver was denied, it was contended that all of a sudden, autorickshaw turned turtle, the deceased himself was negligent.4. The insurer in the written statement contended that more passengers than the number whi...
Choudhary Minerals and Chemicals Vs. Commr. of Cus. and C. Ex.
Court: Madhya Pradesh
Decided on: Dec-03-2005
Reported in: 2006(195)ELT21(MP)
ORDER1. Shri U.S. Bhatt, learned counsel with Shri P.K. Tiwari and Shri R.K. Choudhary, learned counsel for appellant.2. This appeal is admitted on following substantial questions of law :-1. Whether the CESTAT committed an error in not restoring the appeal filed by the appellant which was dismissed for the non-compliance of the stay order while the appellant deposited the amount of duty and penalty though belatedly and sought restoration of the appeal by filing an application ?2. Whether the appeal filed by the appellant was restorable after its dismissal for non-compliance of the stay order when the appellant was facing financial hardship and was not in a position to deposit the amount within time period granted by the CESTAT and after dismissal of the appeal deposited the amount and sought restoration of the appeal by explaining circumstances in which amount was not deposited ?3. Issue notice to the respondent on payment of process fee within a period of one week by registered A.D.A...
Mangla Devi Vs. Baluram and anr.
Court: Madhya Pradesh
Decided on: Dec-03-2005
Reported in: 2(2006)DMC565
ORDERAshok Kumar Tiwari, J.1. This revision is directed against the order dated 6.1.2004 passed by the learned Additional Sessions Judge, Manasa, District Neemuch (M.P.) in Criminal Revision No. 135/02.2. The applicant/wife filed an application under Section 125 of Cr.P.C, praying for award of Rs. 500 per month as the maintenance allowance for herself and Rs. 1,500 for her children. Her application was registered as M.Cr.C. No. 7/90 in the Court of JMFC, Manasa, District Neemuch. Non-applicant opposed the application of the applicant. After trial, the learned Magistrate by order dated 5.8.2002 allowed the application in part and directed the non-applicant to pay Rs. 500 per month for maintenance of the applicant alone. The learned Magistrate rejected the prayer for granting maintenance for the children. The present applicant preferred a revision against the order which was registered as Criminal Revision No. 102/02. Non-applicant also preferred a revision against the order granting the...
Vishnu and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Dec-02-2005
Reported in: [2006(3)JCR495(MP)]; (2006)IILLJ1135MP; 2006(1)MPHT374
ORDERSubhash Samvatsar, J.1. This matter is referred to the Full Bench as a Single Judge of this Court found that there are conflicting judgments of two Division Benches of this Court on the question- Whether a Gangman can be retired before attaining the age of 62 years. The Division Bench of this Court in the order passed in Letters Patent Appeal No. 51 of 2004, State of Madhya Pradesh v. Bharosi, decided on 27-10-2004 has laid down that a Gangman can not be retired before attaining the age of 62 years. A similar view is taken by another Division Bench of this Court in the case of State of Madhya Pradesh v. Bhajanlal and Ors. 2004(3) M.P.H.T. 143 (DB), while in another case, i.e., Writ Petition No. 5484 of 2002, Gulab Singh v. State of M.P. and Ors., delivered on 10-2-2005 a Division Bench of this Court at the Main Seat at Jabalpur has laid down Gangman can be retired before completion of 62 years of his age. As there is a conflict of judgments on the aforesaid question the matter is ...
Dr. Waseem Siddique Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-02-2005
Reported in: 2006(2)MPHT230
A.K. Saxena, J.1. The applicant has preferred this revision under Section 379/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the order passed on 29-7-2004 by Additional Sessions Judge, Nasrullaganj District Sehore in Sessions Trial No. 2/04 for quashing the order of framing of the charges against the applicant.2. The prosecutrix lodged one complaint on 12-8-2001 in Police Station Budhni and the crime was registered under Sections 376, 342 read with Section 34 of IPC and also under Section 3(1)(vii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Even after recording of statements of witnesses, charge-sheet was not filed. Thereafter, a criminal complaint was filed by the prosecutrix but the same was dismissed by Judicial Magistrate, I Class, Budhni vide order dated 17-12-2002. Feeling aggrieved by this order, the prosecutrix preferred a criminal revision under Section 397 of the Code, which is still pending for fina...
Ramesh Khatic and anr. Vs. Raju and anr.
Court: Madhya Pradesh
Decided on: Dec-02-2005
Reported in: III(2006)ACC24
P.K. Jaiswal, J.1. This appeal is filed by the claimants for enhancement of compensation awarded by the 8th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 88/2000. The claimants are parents of one Surendra Kumar, a boy aged 14 years, who died in a motor accident on 14.12.1999 involving tractor bearing registration No. MPW-5546 owned by respondent No, 2, driven by respondent No. 1.2. The appellants inter alia contended that their son Surendra Kumar was a student and at the time of accident he was in Class 7, claimed compensation of Rs. 1,54,500 (Rupees one lac fifty-four thousand five hundred only) as per Schedule II of Section 163A of the Motor Vehicles Act.3. From the evidence on record, the Claims Tribunal came to the conclusion that at the time of death the deceased was aged 14 years and after applying the principle of notional income in accordance with Second Schedule framed under Section 163A determined the income of the deceased notionally at Rs. 15,000 (Rup...
Ram Nayan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-01-2005
Reported in: 2006(1)MPHT443
ORDERRakesh Saksena, J. 1. Applicant has filed this revision against the judgment dated 6-2-1995 passed by the learned First Additional SessiJudge, Rewa, in Criminal Appeal No. 58 of 1987 whereby the judgment dated 14-9-1987 passed by the Judicial Magistrate, First Class, Mauganj, in Criminal Case No. 352/76, convicting the applicant under Section 411 of IPC and sentencing him to rigorous imprisonment for two years and fine of Rs. 100/- was confirmed.2. Brief facts of the case are that a theft of idols of God Ram, Laxman and Sita from a temple in Naigarhi Kasba was committed in the intervening night between 8th and 9th July, 1975. When Pujari of the temple, Janki Prasad informed Saroj (P.W. 11), she lodged the report (Ex. P-6) at Police Station -Naigarhi. A case under Sections 457 and 380 of IPC was registered. On investigation, when it could not be found out as to who committed the theft, the police had filed final report on 5-10-1975. On getting some clue about the theft, on 3-8-1976...
Kallu and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-01-2005
Reported in: 2006CriLJ1194; 2006(1)MPHT440
ORDERA.K. Gohil, J.1. In this revision petition filed under Sections 397/401 of Cr.PC, the petitioners have challenged the impugned ordated 11-9-2002 passed by Sessions Judge, Bhind whereby the Court below allowed the application of the prosecution under Section 319, Cr.PC and on the basis of statements of Ravindra (P. W. 3), Ranvir Singh (P.W. 4) and Devendra (P.W. 7), directed that the petitioners be added as accused persons in the trial.2. Ravindra (P.W. 3) is the nephew of deceased. Ranvir Singh (P.W. 4) is the son of the deceased and Devendra (P.W. 7) is the grand son of the deceased. As per prosecution story, incident took place on 3-6-00 at about 3 AM in the night. Mehlab Singh was sleeping in the open courtyard. Ravindra (P.W. 3) and Devendra (P.W. 7) were also sleeping near him. At about 3 AM, Ramiakhan, Kallu s/o Ramlakhan, Munna Singh s/o Ramlakhan, Balram s/o Ramiakhan and Saligram s/o Ramlakhan came on spot. Balram was carrying 'Bailam', Ramlakhan was carrying 'Farsa' and ...
Vijay Jaiswal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-01-2005
Reported in: AIR2006MP65; 2007(2)CTLJ351(MP); 2006(2)MPLJ196
ORDERA.K. Shrivastava, J.1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought quashment of Annexure P/17 dated 2-6-1994, issued by Chief Executive Officer of Jabalpur Development, Authority.2. This Court vide order dated 30-6-1994 while admitting the petition directed the parties to maintain status quo and it was specifically directed that petitioner shall not be dispossessed and that interim order is still continuing.3. Before I deal with the merit of this petition, it would be appropriate to mention that the petitioner's bid was accepted by respondent No. 2 and the bid of respondent No. 3 was rejected. Respondent No. 3 assailed the action of petitioner No. 2 by filing W.P. No. 3726/1993 before this Court which was dismissed in default on 26-4-2004. The stand of Jabalpur Development Authority (respondent No. 2) in the petition of respondent No. 3 is that the bid of the present petitioner has been validly accepted and that of respondent...
National Insurance Co. Ltd. Vs. Daulat Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-01-2005
Reported in: II(2006)ACC804
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 19.10.2001, passed by MACT, Shajapur, in Misc. Claim Case No. 115/2001, whereby the award dated 27.8.2001, passed by MACT, Shajapur, in Claim Case No. 25/2001, whereby a sum of Rs. 89,500 has been awarded along with interest @ 12% p.a. was modified and enhanced to Rs. 2,99,700, the present appeal has been filed.2. Short facts of the case are that in a motor accident respondent No. 1 sustained grievous injuries and multiple fractures in left leg. Respondent No. 1 was hospitalized at Gandhi Hospital, Bhopal from 10.7.1997 to 17.8.1997, operation took place, rod was inserted and again respondent No. 1 was hospitalized from 14.5.1998 to 21.5.1998. Respondent No. 1 filed claim petition which was allowed and a sum of Rs. 89,500 has been awarded. The breakup of the amount awarded by the learned Tribunal is as under:Rs. 4,500 towards medical expenses.Rs. 50,000 towards expenses incurred on attenders, hospital charges and other expenses.Rs...
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