Madhya Pradesh Court April 2005 Judgments
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Prahlad Thakur Vs. M.P. Public Service Commission and ors.
Court: Madhya Pradesh
Decided on: Apr-07-2005
Reported in: 2005(4)MPHT369; 2005(4)MPLJ592
ORDERArun Mishra, J.1. Petitioner in this petition has prayed for the relief to direct respondent No. 1 to take interview of the petitioner for the post of Civil Judge. Petitioner was not interviewed owing to the fact that he did not possess the domicile certificate.2. Petitioner had filed Writ Petition (S) No. 1561/2004 in which question of appointment of Civil Judge was raised. Same has been decided on 4-8-2004. Indore Bench of this Court had declined to grant any relief to the petitioner as the process of appointment of Civil Judge was already over. Following order was passed by Indore Bench of this Court:--'5. After having heard learned Counsel for the parties at length and on going through the material available on record and reply of State Govt. this writ petition deserves to be allowed to the extent that the order dated 3-1-2003 (Annexure P-15) passed by the S.D.O., Indore and the report given by the High Level Screening Committee dated 7-11-2003 (Annexure P-17-A) are hereby qua...
State of Madhya Pradesh Vs. Ramkumar Sharma
Court: Madhya Pradesh
Decided on: Apr-06-2005
Reported in: AIR2005MP197; 2005(3)MPLJ196
K. Shrivastava, J.1. The defendant-State of Madhya Pradesh has assailed the judgment and decree of the trial Court decreeing the suit of plaintiff-respondent.2. On 20-11-1993 plaintiff filed a suit claiming that he is owner and is in possession of the suit property, description whereof is given in the plaint. According to the plaint averments, originally the suit property was owned and possessed by Maharaja Bhawani Singh Joo Deo, who was Ex-Ruler of Chhatarpur and the suit property was his personal property. In the year 1961 the said Ruler gifted the suit property to plaintiff and he was also put in possession. On 21-12-1990 a formal registered gift deed was duly executed by the Ex-Ruler in favour of plaintiff. According to plaintiff, the suit land is not a Government land and plaintiff is in possession of the suit land continuously as owner since 1961. The Nazul Officer of Chhatarpur tried to allot the suit land to one Lakhanlal Tiwari on lease in Revenue Case No. 13/A-20/1/91-92 in w...
Commissioner of Sales Tax Vs. Garg Ginning and Pressing Factory
Court: Madhya Pradesh
Decided on: Apr-06-2005
Reported in: [2005]142STC426(MP)
ORDERA.M. Sapre, J.1. This is a sales tax reference made under Section 44(1) of the M.P. General Sales Tax Act, 1958 at the instance of Commissioner of Sales Tax in R.A. No. 7-1/S/14/95 arising out of an appellate order dated November 11, 1994 and later rectified on February 16, 1998 in S.A. No. 231-1/92 to answer following question of law referred to this Court:'Whether, under the facts and circumstances of the case, the Tribunal was justified in setting aside the reassessment order dated December 19, 1990 passed under Section 19(1) of the M.P. General Sales Tax Act, 1958 holding that the order of reassessment was in fact review and revision of original orders as no sales tax had been imposed on iron hoops in the first assessment orders?'2. The facts in so far as they are relevant for answering the question need to be taken note of from the statement of case drawn by the Tribunal infra.3. The assessee is engaged in the business of ginning and pressing of cotton bales. They are also en...
Somchandra Vs. Ramdas and ors.
Court: Madhya Pradesh
Decided on: Apr-06-2005
Reported in: III(2005)ACC193; IV(2006)ACC212; 2006ACJ1880
S.K. Gangele, J.1. This is claimant's appeal for enhancement of compensation against the award dated 20.11.2001 passed by the 12th M.A.C.T., Indore,in Claim Case No. 42 of 2000.2. On 21.12.1997 at around 9 or 10 in the morning the appellant was standing near Collectorate at A.B. Road, Shajapur. He was dashed by truck bearing No. MP 09-D 9955 driven negligently and rashly by the driver. He received serious injuries on his head and eye. He was treated at Shajapur and Indore. Report of the incident was lodged with the police and a criminal case has also been registered against the driver of the truck. Thereafter, he filed the claim application claiming compensation of Rs. 4,00,000.3. The learned Claims Tribunal has held that the accident occurred due to rash and negligent driving of the driver of the truck and owner, driver and the insurance company of the truck were liable to pay compensation. Learned Tribunal further held that because there was head injury to the appellant and fracture ...
Tundaram and ors. Vs. Veer Singh Gurjar and ors.
Court: Madhya Pradesh
Decided on: Apr-06-2005
Reported in: IV(2005)ACC390
S.S. Jha, J.1. Both these appeals are filed by the appellants for enhancement of compensation.2. In M.A. No. 450/2000, deceased Ramveer Singh, died in accident. Claimants in support of their claim has examined Rambeti, widow of deceased Ramveer Singh as A.W. 2. This witness has deposed that deceased was earning Rs. 5,000 (Rs. five thousand only) per month. He was a skilled worker and apart from the work of artisan the deceased was earning from selling milk. This witness in para 7 of her cross-examination has admitted that the she-buffaloes are still with the family and she is selling milk. Thus, it can safely be held that the deceased was having the income of Rs. 2,500 (Rs. two thousand five hundred only) per month and yearly income is assessed at Rs. 30,000 (Rs. thirty thousand only). Out of thirty thousand, deceased was spending 1 /3rd of his income upon himself and remaining Rs. 20,000 he was spending upon the members of his family. According to claimants deceased was 30 years age. ...
Union of India (Uoi) Vs. Nicholas Piramal India Ltd.
Court: Madhya Pradesh
Decided on: Apr-05-2005
Reported in: 2005(186)ELT407(MP)
A.M. Sapre, J.1. This is an application made under Section 35H(1) of the Central Excise Act, 1944 by the Commissioner Central Excise and Customs, seeking for direction to call for the substantial question of law for being answered by this court. A prayer is thus made to direct the Tribunal to send for the question of law which according to applicant does arise out of the impugned appellate order of the CEGAT passed on 21-12-1999 bearing No. A/1434/99-NB/SM/ in Appeal No. E/595/99-NB(S) [2000 (118) E.L.T. 408 (Tribunal)]. So the short question that arises for consideration in this application is whether any case is made out for calling the question of law by giving direction to the Tribunal i.e. CEGAT to draw a statement of case and refer the question proposed by the applicant or any other question arising out of the impugned appellate order?2. Heard Shri V. Zelawat, learned Standing Counsel for Union of India and Shri N.K. Dave, L/C for the respondents.3. The question that really arise...
Alok and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-05-2005
Reported in: I(2006)DMC123
ORDERS.L. Kochar, J.1. This petition under Section 482, Cr.P.C. has been filed by the applicants for quashing the proceedings pending before learned JMFC, Shajapur vide Criminal Case No. 198/2003 for the offences punishable under Section 498A of 1PC and Sections 3/4 of Dowry Prohibition Act.2. In nutshell the prosecution case against the applicants is that the complainant Smt. Garima Soni was married with co-accused Yogesh Soni on 18.4.2000. Prior to marriage, her father had given Rs. 50,000 to her mother-in-law Munnidevi for purchasing jewellery and cloths and in marriage L.G. Fridge, T.V., Washing Machine, Usha Cooler, Splendor Motor Cycle, Gas Stove, Godrej Almirah, Dressing Table etc. were given. Despite of satisfactory dowry or/gift given in marriage, the mother-in-law, brother-in-law, husband, sister-in-law; the applicant No. 2 Smt. Babita and her husband, brother-in-law; applicant No. 1 Alok were not satisfied and after reaching Bhopal she was ill-treated by them. They were beat...
Raju Vs. Sardar Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-05-2005
Reported in: III(2005)ACC138
S.K. Gangele, J.1. This is claimant appeal against the award dated 22.10.2001 passed by the Additional M.A.C.T., Ujjain in Claim Case No. 115/01.2. On 21.6.2000 at around 11 o'clock in the morning the appellant was going on his bicycle from Kushalpura to Mahakal temple, Ujjain. He was dashed by the tractor driven rashly and negligently by the driver. As a result of the accident he sustained fracture in his tibia and fibula bone and admitted in the hospital upto 13.7.2000 and was also operated. He was under plaster cover for a period of two months. He claimed compensation of Rs. 2,00,000/-.3. The learned Claims Tribunal held that the accident was caused due to rash and negligent driving of the driver of the tractor and the driver, owner and Insurance Company of the tractor are liable for payment of compensation to the appellant and awarded compensation of Rs. 14,500/-, Rs. 10,000/- for the injuries, Rs. 3,000/- for attendant and Rs. 1,500/- for medical bills. It also held that it is not...
Shanti Bai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: 2005(2)MPHT281
S.K. Pande, J. 1. Additional Sessions Judge, Dindori in Sessions Trial No. 22/90 vide impugned judgment dated 20-8-90 recording conviction of appellant under Section 306, IPC sentenced her to undergo R.I. for a period of 3 years. Being aggrieved, appellant has preferred this appeal under Section 374(2), Cr.PC.2. Deceased Jaiwati was daughter-in-law of appellant. She was living in the joint family consisting of her husband Samal Singh and others. Father-in-law Fagu Lal on 3-11-89 vide (Ex. P-6), reported to the police that sustaining burn injuries, Jaiwati has died. On the basis of this report, inquest Panchnama (Ex. P-8) was prepared and the dead body was sent for the post-mortem. Dr. V.S. Tekam (P.W. 7) performing the post-mortem submitted report (Ex. P-5) to the effect that Jaiwati died on ante-mortem burns. During the investigation of merg under Section 174 of the Cr.PC on the basis of statements of witnesses, the Investigating Officer held that the deceased was subjected to torture...
Wazid Ali Vs. Rehana Anjum
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: AIR2005MP141; 2005(3)MPHT438; 2005(3)MPLJ319
ORDERA.K. Shrivastava, J.1. This appeal has been filed under Section 47 of the Guardians and Wards Act, 1890 (hereinafter referred as 'the Act') against the order dated 25-8-2004 passed by the District Judge, Raisen, in Misc. Civil Case No. 32/2003.2. An application under Section 7 of the Act was filed by the present appellant that he and respondent were legally married in accordance with the customs of the Muslim Law on 1-11-1999. The marriage was performed at Raisen. The appellant is from Bhopal. After the marriage took place the appellant and respondent resided at Bhopal. Thereafter some disputes arose between the appellant and the respondent and which is not the subject-matter of this appeal, however, the position which exists today is that the appellant is residing at Bhopal along with his family and respondent (wife) is residing with her parents at Raisen. This fact is no more in dispute that on 29-4-2001 female child was born from the wedlock of the parties. The birth took place...
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