Madhya Pradesh Court July 2005 Judgments
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Kendriya Vidyalaya Sangthan and ors. Vs. Dr. R.K. Shahstri and anr.
Court: Madhya Pradesh
Decided on: Jul-19-2005
Reported in: 2005(4)MPHT352
ORDER1. The first respondent was working as a Trained Graduate Teacher (Sanskrit) at Kendriya Vidyalaya No. 2, Bhopal. He was placed under suspension pending enquiry by the third petitioner, by order dated 13-7-2001, with a stipulation that his headquarter during the suspension will be Kendriya Vidyalaya, Bairagarh, Bhopal. Subsequently, a charge-sheet dated 16-10-2001 was issued alleging misbehaviour with the Principal Shri A.K. Katiyar.2. The first respondent appealed against the order of suspension on 5-11-2001 to the second petitioner. The second petitioner after considering the appeal, passed an order dated 6/8-7-2002, under Rule 10(5)(c) of the CCS (CCA) Rules, 1965, revoking the suspension of the first respondent and posting him to K.V., Karimganj, Assam, with effect from the date he joins duty at K.V., Karimganj, without prejudice to the disciplinary proceedings pending against him.3. The said order of the Appellate Authority, was followed by a memo dated 9/12-8-2002 issued by ...
Guman Singh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-19-2005
Reported in: 2005CriLJ4284; 2005(4)MPHT329
S.L. Kochar, J.1. For taking exception to the order of conviction and sentence passed against the appellants by learned I Addl. Sessions Judge, Barwani, Distt. West Nimar in the matter of Sessions Trial No. 388/96, the appellants have approached this Court by preferring this appeal. Learned I Addl. Sessions Judge, Barwani had convicted the appellants for the offence punishable under Sections 302/34 and 201 of IPC and sentenced each of the appellant to undergo imprisonment for life with fine of Rs. 200/-, in default of payment of fine one month S.I. and two years R.I. with fine of Rs. 200/- and in default of payment of fine one month additional S.I. under Section 201 of IPC. The substantive sentences were directed to run concurrently.2. The short resumes of the prosecution case as narrated before the Trial Court was that on 23-7-1996 police of Police Station, Rajpur was informed by Bhura that his son Jagdish was lying dead near Village Danod in a rivulet. Bhura came across this fact thr...
Meera Hurmade Vs. Shri Ram and ors.
Court: Madhya Pradesh
Decided on: Jul-19-2005
Reported in: 2006ACJ2112; 2005(4)MPLJ28
Arun Mishra, J.1. These three appeals (M.A. Nos. 1591, 2424 and 2425 of 2004) have been preferred against common award dated 22.3.2004 passed by Third Additional Motor Accidents Claims Tribunal (Fast Track Court), Betul in M.V.C. Nos. 38, 39 and 40 of 2003.2. The owner has preferred these appeals as insurer has been exonerated from making payment of compensation amount awarded in accident dated 26.3.2003 when claimants were returning from Bhopal to Betul in jeep bearing registration No. MP 23-D 5879. The respondent Santosh drove the jeep in a rash and negligent manner and the jeep turned turtle, owing to which the claimants suffered injuries. They were treated in the hospital. Claims petitions were preferred by claimants in the Claims Tribunal.3. The owner Meera and driver Santosh in their reply contended that the driver possessed valid and effective driving licence. Owner has instructed driver not to carry the passengers. Vehicle was insured with New India Assurance Co. Ltd. hence ins...
Nandubai Vs. Shyambai and ors.
Court: Madhya Pradesh
Decided on: Jul-19-2005
Reported in: II(2006)ACC26
ORDERN.K. Mody, J.1. Being aggrieved by the award dated 17.4.2000 passed by MACT, Mandsaur in Claim Case No. 196/1997 whereby an award of Rs. 1,07,600 has been awarded along with interest @ 12% per annum with effect from 17.4.1999, the present appeal has been filed by the owner of the vehicle, as the Insurance Company a was exonerated.2. Short facts of the case are that an accident took place on 1.4.1992 wherein one Radheshyam predecessor-in-title of respondent Nos. 1 to 4 who were the claimants before the learned Tribunal died. Claim petition was filed wherein one Bhagirath was shown as owner of tractor No. 2738 and Gopal respondent No. 5 was shown as driver of the said tractor, who is respondent No. 5 herein. At the relevant time the tractor was insured with respondent No. 6. Appellant No. 1 is the legal representative of the owner of the vehicle. In the claim petition the owner came with a defence that at the relevant time the vehicle was being driven by one Radhyeshyam, who is appe...
Raj Kishore Singh Vs. Munna Lal Mishra and ors.
Court: Madhya Pradesh
Decided on: Jul-18-2005
Reported in: 2007ACJ506
Arun Mishra, J.1. This appeal has been preferred by the claimant aggrieved by an award dated 15.3.2000 passed in M.A.C.C. No. 119 of 1998 by the Third M.A.C.T., Chhatarpur.2. Raj Kishore in a road accident dated 10.12.1993 while he was travelling on a Hero Honda, No. UP 93-3987, was dashed by truck No. DIA 523 driven by deceased Dayanand. Raj Kishore suffered injury in his left leg. It was amputated above knee level. Total compensation of Rs. 18,02,000 was claimed. It was alleged that the appellant Raj Kishore was earning Rs. 2,500 every month. He used to take tuitions. He is M.A. in History. He wanted to appear in the examination of Asst. Sub Inspector of Police to be held next year.3. It was submitted that claimant was taken from Chhatarpur to Delhi where he was admitted on 12.12.1993 till 2.3.1994 in the hospital. He remained in Delhi along with his parents, brother and servant. Total expenditure in conveyance, treatment and diet, etc., was Rs. 80,000. It was further alleged in the ...
Mrityunjay Prasad Vs. Santosh Kumar Mishra and ors.
Court: Madhya Pradesh
Decided on: Jul-15-2005
Reported in: 2005(3)MPHT492; 2006(1)MPLJ38
Abhay M. Naik, J. 1. Short facts giving rise to the present appeal are that the plaintiff/appellant has instituted a suit for declaration about the date of death of Sudarshan Prasad. The plaintiff pleaded his pedigree in para-1 of the plaint. The plaintiff has stated that his predecessor Sudarshan Prasad died on 28-11-1992 at 11.00 P.M. However, the office of District Registrar, Births and Deaths, Rewa, issued a death certificate wherein Sudarshan Prasad is shown to have died on 29-11 -1992. The plaintiff on coming to know of the aforesaid error, issued a notice dated 17-9-1996 under Section 80, CPC, with a request that the death certificate issued with 29-11-1992 as date of death of sudarshan Prasad may be withdrawn. The notice was not acceded to and consequently, the cause of action is stated to have arisen on 16-11-1996, i.e., on the expiry of the statutory period of notice under Section 80, CPC. The aforesaid incorrect death certificate is stated to have been issued on 8-8-1993 by ...
United India Insurance Co. Ltd. Vs. Shyam Kumar and ors.
Court: Madhya Pradesh
Decided on: Jul-15-2005
Reported in: 2006ACJ2092
U.C. Maheshwari, J.1. Being aggrieved by award dated 31.8.2004 passed by First Additional Motor Accidents Claims Tribunal, Betul (hereinafter referred to as 'the Tribunal'), in M.V.C. Case No. 30 of 2004, whereby Rs. 1,72,200 along with interest at the rate of 9 per cent per annum has been awarded against the appellant and in favour of respondent No. 1, insurer appellant has preferred this appeal.2. The facts giving rise to this appeal are that on 3.1.2004, claimant-respondent No. 1 was traveling in a Tempo Trax bearing registration No. MP 28-H 1527, from Pathakheda to Multai. When Tempo Trax reached near Labhsingh Dhaba, Fansigarh Mazar and crossing a small bridge at that time a truck bearing registration No. MP-22 4295 came from opposite side in a rash and negligent manner driven by respondent No. 2 and collided with said Tempo Trax, resultantly, respondent No. 1 got injured and received injuries on head, right thigh, leg and hip. During that period respondent No. 3 was the registere...
Ramhet Singh Vs. Kedar Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-15-2005
Reported in: III(2006)ACC457
S.S. Jha, J.1. This appeal is filed by the claimant for enhancement of compensation.2. Brief facts of the case are that the appellant was returning from sub-jail Jaura to Gwalior in a Government owned vehicle Matador bearing registration No. MP-02/7224 at Opposite 'Karil Wale Baba' AB Road Morena. Accident caused injuries in the nose, right cheek, right and left leg joints and right hand. Complaint was lodged and challan was filed under Sections 279, 337, 338,I.P.C. in the Court. Appellant Ramhet was examined in District Hospital, Morena, thereafter he was returned to Gwalior for treatment. He has suffered grievous injuries in right and left legs and right hand and suffered fracture. Appellant submitted that he has suffered permanent disability. On account of permanent disability he is unable to carry out his business of milk vending and on account of severe injuries and permanent disability suffered by him, he filed an application for compensation and claimed compensation for Rs. 6,38...
Pancham Batham Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-14-2005
Reported in: 2005(4)MPHT180; 2005(4)MPLJ151
A.K. Gohil, J.1. Appellant has been convicted under Section 376 read with Section 511, IPC and sentenced to three and half years R.I. with fine of Rs. 1,000/-, vide judgment dated 26-3-2004 in Sessions Trial No. 134/2003. Against which he has preferred this appeal under Section 374 of the Code of Criminal Procedure.2. As per prosecution story on 23-2-2003 prosecution aged about 5 years was playing outside the house. Raju Batham (P.W. 3) and Kantibai (P.W. 2) are her parents/father and mother. When she was playing outside the house, appellant came there and tempted her for giving biscuits and chocolates and took her in his room and she was laid on mat. He removed her undergarments and also removed his garments and started fingering in her vagina and touched her vagina from his penis and laid over her body. When she felt pain, she cried. In the meantime, sister of the appellant came on spot and pressed her mouth. Blood oozed from her private part and thereafter accused left her free. She...
Mahesh Vs. State
Court: Madhya Pradesh
Decided on: Jul-14-2005
Reported in: I(2006)DMC193
W.A. Shah, J.1. This is an application under Section 482 of the Code of Criminal Procedure (Code only, for short hereafter). The applicant is facing a criminal trial in the Court of Judicial Magistrate, First Class, Khachrod for offences punishable under Sections 498A and 506 of the I.P.C. The prosecutrix Smt. Indira Shrivastava, wife of the applicant and their daughter Atita Shrivastava were examined as prosecution witnesses. Allegedly the defence Counsel has withdrawn himself from defending the accused-applicant, therefore, the applicant himself cross-examined them out due to sentimental reason he could not control himself thus there was a lack of needed effective cross-examination. The applicant then moved the learned Trial Magistrate under Section 311 of the Code for recalling of the above witnesses for further cross-examination. The learned Magistrate refused to accede to the said prayer. The applicant, therefore, went in revision. The applicant failed to find favour with the Revi...
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