Madhya Pradesh Court July 2005 Judgments
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Rairu Distillers Limited and ors. Vs. M.P. Pollution Control Board
Court: Madhya Pradesh
Decided on: Jul-22-2005
Reported in: 2005CriLJ4413; 2005(4)MPHT43
ORDERS.S. Jha, J.1. This petition is filed under Section 482 of the Code of Criminal Procedure for quashing the complaint filed under Sections 33, 41 and 43 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter, referred to as 'the Act').2. Counsel for the petitioners submitted that the Trial Court has committed an error in taking cognizance against the petitioners. He submitted that the complaint could not be filed by Shri R.K. Gupta, Regional Officer, M.P. Pollution Control Board on behalf of the Pollution Control Board unless the Pollution Control Board has specifically designated Shri R.K. Gupta to file complaint on behalf of the Board. He invited attention to Section 49 of the Act and submitted that the language of Section 49 of is clear and specific and it prohibits Courts from taking cognizance of any offence under the Act except on a complaint made by Board or any officer authorised in this behalf by it. Counsel for the petitioners submitted that in the abse...
Babulal and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-22-2005
Reported in: I(2006)DMC823; 2005(4)MPHT153
ORDERS.S. Jha, J.1. Short question involved in the revision is whether before commencement of the trial, Trial Court is competent to add additional accused.2. Brief facts of the case are that after the challan was filed and at the stage of framing of charges against other co-accused, an application was filed on behalf of the complainant that there is material on record to frame charges against the petitioners. Trial Court considered the material on record and found that in the statements before police under Section 161, Cr.PC pama facie an offence under Sections 498A, 306 and 201, IPC is made out against the petitioners and there is sufficient material on record to take cognizance against the petitioners for the aforesaid offences. It ordered to summon the petitioners. Petitioners instead of appearing before the Trial Court have filed this revision challenging the order passed by the Trial Court.3. Counsel for the petitioners submitted that petitioners can be summoned only after prosec...
Smt. Kumud Gurjar and ors. Vs. Dhanilal and ors.
Court: Madhya Pradesh
Decided on: Jul-21-2005
Reported in: 2005(4)MPHT429; 2005(4)MPLJ27
ORDERU.C. Maheshwari, J.1. Appellant/claimant has preferred this appeal against the award dated 12-1-1999 passed by Third Additional Motor Accident Claims Tribunal, Bhopal in Claim Case No. 44/98 for enhancement of compensation awarded by the Tribunal regarding vehicular death of Kedarnath.2. According to factual matrix of the case, the husband of appellant No. 1, father of appellant Nos. 2 and 3 and son of appellant No. 4 namely Kedarnath on 9-9-1997 at about 12.00 in the night was going by his scooter bearing registration No. MP 04-1458 from Subhash Nagar to his residence but on reaching near to Dharmkata the bus bearing registration No. MP 04-H-7649 driven by respondent No. 1 in rash and negligent manner came there from opposite direction and dashed to his scooter. Resultantly he sustained injures and taken to Hamidia Hospital where he died at about 2.00 o'clock in the night. The offence was registered against respondent No. 1 by P.S. Jahangirbad and on investigation charge-sheet un...
Arun Kumar and ors. Vs. Jeevad Khan and ors.
Court: Madhya Pradesh
Decided on: Jul-21-2005
Reported in: 2006ACJ411; 2005(4)MPLJ26
U.C. Maheshwari, J.1. Being aggrieved by the award dated 18.12.2000 passed by the Additional Motor Accidents Claims Tribunal, Maihar, in M.V.C. No. 50 of 1995, appellants have preferred this appeal for enhancement of the amount awarded by the Claims Tribunal and also prayed for setting aside the findings of contributory negligence regarding vehicular death of Sumanlata, wife of Arun Kumar.2. The facts giving rise to this appeal are that on 12.9.1995 at about 10.30 p.m., Arun Kumar, appellant No. 1, along with his wife Sumanlata and labourer Kanchhedi Lal was coming from Nadan to Maihar by his Maruti van. On the way when they reached near Tilara and Behda a truck bearing registration No. MP 21-7325 came from opposite direction, driven by Jeevad Khan, the respondent No. 1, collided with Maruti van, which was already standing stationary on left side of the road by appellant No. 1. According to pleadings the accident was caused by the truck by coming to the wrong side. Arun Kumar, appellan...
Shri Jawaharlal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-21-2005
Reported in: (2007)8VST635(MP)
ORDERA.M. Sapre, J.1. This petition is filed by the petitioner under article 226/ 227 of the Constitution of India for claiming the following relief:7(i) To issue a writ of mandamus requiring the correspondent and in particular District Level Committee to consider the application of the petitioner keeping in view the option exercised by the petitioner and further direct the authorities concerned to properly process the application and adjudicate upon the same in accordance with law.(ii) To issue a writ of mandamus and/or any other writ, direction or order requiring the respondent to issue correct certificate in regard to the eligibility of the petitioner for exemption under the incentive scheme.(iii) To issue a writ of mandamus and/or any other writ, direction or order to decide the issue relating to closure of the petitioner's business for reasons beyond his control and requiring the State Level Committee to consider the issue on merits and further examine the period of closure and ex...
Dhanna Alias Dhaniya and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-20-2005
Reported in: 2005CriLJ3555
S.L. Kochar, J.1. Being dissatisfied with the judgment dated 2-8-1999 passed by the learned Addl. Sessions Judge, Rajgarh (Biaora) in S. T. No. 29/91, thereby finding the appellant Dhanna guilty of the offence punishable under Section 302, IPC and appellants Amra and Gokul under Section 302/34, IPC, convicted them accordingly and sentenced appellant Dhannalal to suffer imprisonment, for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to suffer additional, R.I. for one year Under Section 302, IPC and appellants Amra and Gokul to suffer imprisonment for life under Section 302/34, IPC. Out of the amount of fine, Rs. 10,000/- has been directed to be paid as compensation to the dependents of deceased Harisingh. the appellants have come up in appeal before this Court.2. Briefly stated, the facts of the case as unfolded before the trial Court were that on 16-11-1990 about 1.00 p.m. in the way from village Sadla to Sedora, appellants Amra, Gokul and Dhanna and co-accus...
National Insurance Co. Ltd. Vs. Moliya Devi and ors.
Court: Madhya Pradesh
Decided on: Jul-20-2005
Reported in: 2007ACJ1116
Arun Mishra, J. 1. This appeal has been preferred by the insurer aggrieved by order dated 22.3.2002 passed by the Commissioner, Workmen's Compensation, Labour Court, Satna in Case No. B/3/W.C. Act/ Fatal of 2000 awarding compensation of Rs. 2,21,980.50 along with interest at the rate of 12 per cent per annum from the date of accident.2. The claimants-respondent Nos. 1 to 6 filed an application before the Commissioner, Workmen's Compensation seeking compensation on account of death of Ramkhilawan who was driver of the truck bearing registration No. MP 19-A 9454. The vehicle was owned by respondent Nos. 7 and 87 i.e., Agarwarl Enterprises, Jeewan Jyoti and Hans Forwarding and Transport Agency and insured with the appellant National Insurance Co. Ltd.3. On 2.10.1999, deceased came from Allahabad and was sent to cement factory to load the cement. In the night, he felt pain in the stomach and was shifted to District Hospital, Satna where he died during the course of employment. Hence, compe...
Bhawani and ors. Vs. Rameshchandra and ors.
Court: Madhya Pradesh
Decided on: Jul-20-2005
Reported in: II(2006)ACC54
N.K. Mody, J.1. Being aggrieved by the award dated 18.5.2001 passed by MACT, Bioara, District Rajgarh in Claim Case No. 303/1997 whereby after awarding a compensation of Rs. 1,00,000, an amount of Rs. 50,000 has been awarded to the appellants, the present appeal has been filed.2. Short facts of the case are that an accident took place on 13.5.1995 between the Metador bearing registration No. MIU/1545 and a bus bearing Registration No. MP-13/C/2689. In the accident one Naushad who was driver of the metador died and one Omprakash who was travelling in the metador also died. The present appellants filed the claim petition being dependent of deceased Omprakash. The claim petition was opposed by the respondents. By the impugned award learned Tribunal held that since there was a contributory negligence on the part of driver of both the vehicles, therefore, after assessing compensation Rs. 1,00,000 held that appellants are entitled for compensation of Rs. 50,000 as appellants failed to prove ...
Govind Singh and ors. Vs. Amarjeet Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-20-2005
Reported in: II(2006)ACC379
S.S. Jha, J.1. This appeal is filed for enhancement of compensation by parents, sisters and brothers of deceased Abhishek Bhadoriya.2. Deceased was aged about 13 years and he was studying in Class VIII. It is pleaded that he was earning Rs. 2,000 per month from carpet manufacturing. Appellants 1 and 2 are the parents and appellants and 3 to 5 are sister and brothers of the deceased. Claims Tribunal has awarded compensation of Rs. 60,000 only. It is an admitted position that the deceased was studying in Class VIII and was less than 14 years of age. Though it is pleaded that he was earning Rs. 2,000 per month, but other than the evidence of parents, there is no evidence on record to show that he was allowed to work in a carpet factory. Owner of the carpet factory has not been examined. Under the law, child labour is prohibited. Therefore, unless cogent evidence is on record to show that inspite of prohibition 13 years' child has been permitted to work of labour and his employer is examin...
Bhagwansingh Vs. M.P. Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: Jul-20-2005
Reported in: I(2006)ACC682
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 18.2.1999 passed by MACT, Mandsaur in Claim Case No. 127/1998 whereby learned Tribunal has awarded a sum of Rs. 66,000 along with interest @ 12% per annum, the present appeal is filed.2. Learned Counsel for the appellant submits that the left leg of the appellant has been amputated from below the knee. It is submitted that the amount of Rs. 66,000 is on lower side. It is submitted that out of Rs. 66,000, Rs. 25,000 has been awarded towards loss of future earning, Rs. 28,000 has been awarded towards loss of earning during the peripd when the appellant was under treatment, Rs. 3,000 towards medical expenses and Rs. 10,000 towards pains and sufferings. Learned Counsel submits that award of Rs. 25,000 towards future earning is on lower side. It is submitted that at the time of accident appellant was working as Constable in S.P. Office and his future prospectus has not been taken into consideration. It ...
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