Madhya Pradesh Court July 2005 Judgments
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Jagdish Singh Gujar Vs. State of Madhya Pradesh and Two ors.
Court: Madhya Pradesh
Decided on: Jul-30-2005
Reported in: 2005(4)MPHT48; 2005(4)MPLJ417
ORDERSubhash Samvatsar, J.1. This order shall govern disposal of the present petition as well as other connection writ petitions, i.e., W.P. No. 7760/2003, Brij Raj Singh Chouhan v. State of M.P. and Ors., W.P. No. 1803/2000, Smt. Nirupama Jain v. State of M.P. and Ors., W.P. No. 86/2003, Narendra Singh Chouhan v. State of M.P. and Ors., W.P. No. 155/2003, Pradeep Kumar Mudgal v. State of M.P. and Ors., W.P. No. 266 of 2003, Ramraj Singh Tomar v. State of M.P. and Ors., W.P. No. 903/2003, Ramkumar Gaud v. State of M.P. and Ors., W.P. No. 819/2003 Mahesh Singh Kushwaha v. State of M.P. and Ors., W.P. No. 912/2003, Vikram Singh Tomar v. State of M.P. and Ors., W.P. No. 4534/2003, Suresh Chandra Mishra v. State of M.P. and Ors., W.P. No. 4727/2003, Kuldeep Kumar and Anr. v. State of M.P. and Ors., W.P. No. 7106/2003, Uday Vir Singh v. State of M.P. and Ors., W.P. No. 7115/2003, Shiv Nath Singh Sikarwar v. State of M.P. and Ors., W.P. No. 7304/2003, Manmohan Singh v. State of M.P. and Ors....
Javed Khan Vs. Avtar Singh
Court: Madhya Pradesh
Decided on: Jul-30-2005
Reported in: 2006(1)MPHT181; 2006(1)MPLJ175
Abhay M. Naik, J.1. Plaintiff/respondent sued the petitioner and his father for eviction from the suit shop under the provisions of M.P. Accommodation Control Act. Initially, the suit was instituted against the petitioner alone. Subsequently, vide order dated 7-12-1990 Aziz Mistry was also joined as defendant No. 2. The petitioner submitted his written statement, although, his father was proceeded against ex parte. Subsequently, the petitioner also absented from the proceedings of the Civil Suit and an ex parte decree for the eviction was passed on 28-4-1995. It was contended that Aziz Khan was not duly served with summons whereas the petitioner was seriously ill from 16-4-95 to 16-5-95 and was unable to move on account of illness.2. It was further submitted that the petitioner on regaining health contacted his lawyer on 27-6-1995 when he came to know about the ex parte decree. He applied for certified copy on 27-6-1995 which was partly supplied to him on 7-7-1995 in the sense that the...
Oriental Insurance Co. Ltd. Vs. Manisha Chaturvedi and ors.
Court: Madhya Pradesh
Decided on: Jul-30-2005
Reported in: 2007ACJ1177
Arun Mishra, J.1. This appeal has been preferred by the insurer, Oriental Insurance Co. Ltd., aggrieved by an award dated 25.2.2003 passed by the Additional Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 190 of 2002 awarding a sum of Rs. 8,39,000 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition on account of death of Suryalal Chaturvedi who was Naib Tehsildar, aged 45 years in the service of the State Government.2. In an accident dated 16.8.94 Suryalal Chaturvedi was going in a Maruti van (MP 19-T 0013) from Satna to Mirzapur along with his wife, his sons and daughter. Maruti van was driven by Ramakant Singh alias Chhote. The vehicle was owned by Jagmohan Singh. It was insured with Oriental Insurance Co. Ltd. Truck (UHB 277) was going ahead of Maruti van. It was driven in zigzag manner by the driver Krishna Kumar. All of a sudden, he stopped the truck in midst of the road without giving any horn or other indication/signal. ...
Acharya Virag Sagar Vidhyapeeth Shiksha Samiti Vs. State of M.P. and o ...
Court: Madhya Pradesh
Decided on: Jul-29-2005
Reported in: 2005(4)MPHT253
ORDERDipak Misra, J.1. This batch of writ petitions being interconnected, interlinked and founded on singular base it was heard analogously and is disposed of by this common order. For the sake of clarity and convenience the facts in W.P. No. 6322/2005 are adumbrated herein.2. The petitioner is a society registered under the provisions of M.P. Society Registrikaran Adhiniyam. The said society was brought into existence with a view to impart education at school and college level and to uplift the educational standard in the society. The petitioner society has been running a college, namely, Intellicon College of Professional Studies. Various assertions have been putforth about the type of education which is imparted by the College in the year 2004. The petitioner-society conceived an idea of establishing B.Ed. Course in the college for the academic session 2005-06. It has obtained a 'No Objection Certificate' from the Department of School Education of the State of Madhya Pradesh as cont...
Jasrath Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-29-2005
Reported in: 2006CriLJ1915; 2005(4)MPHT390; 2005(4)MPLJ363
A.K. Gohil, J.1. Appellants have been convicted under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as 'the Act') and sentenced to six months R.I. Each with fine of Rs. 1,000/- each in Special Case No. 77/2001 vide judgment dated 21-11-2002 passed by Special Judge, Vidisha. Against which they have preferred this appeal under Section 374(2) of the Code of Criminal Procedure.2. As per prosecution story, on 13-11-2000 at about 11 a.m. in the forenoon at Police Station Anandpur Lalliram (P.W. 1) lodged the report that in the last night on 12-11-2000 at about 9 p.m., at Village Bapcha he was taking a meeting of the members of the Scheduled Castes at the door of Lalliram (P.W. 3) of Bapcha. The meeting was organised on behalf of the Scheduled Castes Sangharsh Morcha, in connection with organising a demonstration of Tehsil level. In the report it was mentioned that Raghuvir Singh Chowdhary (P.W. 5), Ramratan (P.W. 4) an...
Jankibai and ors. Vs. Satish Chandra and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2005
Reported in: II(2006)ACC496; 2006(1)MPHT176
ORDERN.K. Mody, J.1. This order shall also govern the disposal of M.A. No. 1062/2002 and M.A. No. 1063/02. All the appeals are arising out of Claim Case No. 19/2001, Claim Case No. 20/2001 and Claim Case No. 21/2001, which has been disposed of by the common order dated 1-3-2002 passed by 6th MACT, Indore.2. Short facts of the case are that on 30-4-1979 accident took place between Matador No. CPF 9856 and MPSRTC's Bus No. CPE 8842, in which the deceased Rajendra Kumar s/o Bikalal, Mulchand Sharma s/o Radheshyam, Ramjilal Sharma s/o Radheshyam, all the members of one family passed away. At the relevant time the Bus No. CPE 8842 was owned by respondent No. 4 and Matador No. CPF 9856 was driven by respondent No. 2 owned by respondent No. 1 and insured with respondent No. 3.3. Claim petitions were filed before the learned Claim Tribunal on 22-1-2001, i.e., roughly after expiry of 22 years. The claim petitions were challenged by the respondents on the ground of limitation. By the impugned or...
Ashok Kumar Gurjar Vs. Santosh Ahirwar and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2005
Reported in: II(2007)ACC424
Rajendra Menon, J.1. Claiming enhancement of the compensation awarded to the appellant by the Third Additional Motor Accident Claims Tribunal, Gwalior in claim case No. 55 of 2005, the appellant/claimant has filed this appeal. Inter alia contending that for the injury sustained by the appellant i.e., fracture on his right leg and damage to his left leg knee cap, the appellant has undergone surgery and a rod was implanted in his leg, compensation of Rs. 25,000 (Rupees twenty-five thousand only) is on the lower side.2. On 3rd December, 2004 an accident took place when a dumper bearing registration No. MP-07 G-2625 collided head-on with a truck bearing registration No. UP 093 E 1490 near Gurdwara public road, Tekenpur, District Gwalior. In the said accident, claimant, Ashok Singh Gurjar who was travelling in the truck sustained injuries on his right leg and knee cap of the left leg. Because of the injuries sustained, the claimant/appellant was treated by Dr. Anupam Gupta (PW 4) in his pri...
National Insurance Company Limited Vs. Umravsingh and anr.
Court: Madhya Pradesh
Decided on: Jul-29-2005
Reported in: II(2006)ACC32
ORDERN.K. Mody, J.1. This appeal shall also govern the disposal of MA No. 978/2000.2. Being aggrieved by the award dated 3.5.2000 passed in Claim Case No. 171/1998 by MACT, Indore, the present appeals have been filed, while M.A. No. 978/2000 is filed against the award passed in Claim Case No. 170/1998.3. In Case No. 171/1998 wherein MA No. 977/1998 is filed, the award is for Rs. 20,000 and in Case No. 170/1998 wherein MA No. 978/2000 is filed, the award is for Rs. 11,000 along with interest @ 10% per annum. In both the appeals Insurance Company is the appellant herein who has been held responsible for the payment of amount of compensation along with respondent No. 2.4. Learned Counsel for the appellant submits that except the name of insurance company has been mentioned in the claim petitions there is nothing on record to demonstrate that vehicle in question was insured with Insurance Company. Learned Counsel submits that burden to prove the vehicle was insured with the appellant lies ...
Steel Tubes of India Ltd. Vs. Assistant Commissioner of Commercial Tax ...
Court: Madhya Pradesh
Decided on: Jul-29-2005
Reported in: (2007)8VST695(MP)
ORDERA.M. Sapre, J.1.The decision rendered in this writ shall govern disposal of other two connected writs filed by the petitioners being W. P. Nos. 143 and 144 of 2005, because in all the three writs, the issue involved is the same except the difference being that of period of assessment under the provisions of the M. P. Commercial Tax Act, 1994 read with the Central Sales Tax Act, 1956.2. By filing this writ under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the revisionary order (common in all the three writs) dated January 29, 2004, passed in Revision No. 53/2003/State/Indore and Revision No. 21/2003/Central/Indore (annexure P18) by the Additional Commissioner, Commercial Tax, Indore, which in its turn arise out of the respective assessment years as mentioned in the respective assessment orders.3. The petitioner (a dealer) is engaged in the business of manufacture and sale of what is called-steel tubes, having their unit at Dewas and office at Ind...
Nirmala Vs. Jagrasingh and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2005
Reported in: II(2006)ACC480
ORDERN.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded by the learned Tribunal vide award dated 1.4.2002 in Claim Case No. 112/2000 passed by 2nd MACT, Indore, whereby a sum of Rs. 64,000 has been awarded along with interest @ 9% per annum, and the Insurance Company, Respondent No. 3 has exonerated, present appeal has been filed.2. Learned Counsel for the appellant submits that there was fracture of nasal bone and of the femur bone in the left leg. It is submitted that the appellant was hospitalized from 10.12.1999 to 30.12.1999 for a period of more than 25 days and there was permanent disability of 15%. Learned Counsel further submits that learned Tribunal has wrongly exonerated respondent No. 3 on the ground that the driver of the vehicle was having learning licence. Reliance was placed on a decision reported in I (2004) ACC 1 (SC) : ACJ 2004 Vol. 1, National Insurance Co. Ltd. v. Swaran Singh and Ors., wherein Hon'ble Supreme Court has held that, 'Chapter XI of...
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