Madhya Pradesh Court August 2005 Judgments
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Pratibha and ors. Vs. Rupesh Pawar and anr.
Court: Madhya Pradesh
Decided on: Aug-16-2005
Reported in: 2006ACJ731; 2005(4)MPLJ32
U.C. Maheshwari, J.1. Being aggrieved by the award dated 4.12.2004 passed by Motor Accidents Claims Tribunal, Betul in M.C.C. No. 61 of 2004, the appellants-claimants have filed this appeal seeking enhancement of the awarded sum.2. As per the appellants-claimants on 29.4.2004 at about 8 o'clock in the night Antu Nirmalkar aged 30 years, husband of appellant No. 1 and the father of appellant Nos. 2 to 4 was coming back home from village Bagdona to Pathakheda on motor cycle TVS Max 100 his friend Oran was also with him as pillion rider. He drove the motor cycle in normal speed exercising all caution. On reaching near Rajeev Gandhi Tigadde, Pathakheda, where oil had spilled on the road and suddenly because of failure of brakes his motor cycle became im-balanced, slipped and collided with a tree they fell down and Antu sustained injuries on his head, face, hands and legs. He was taken to hospital Pathakheda, on the way he succumbed to injuries. The deceased was doing work of bicycle repair...
Rafique and anr. Vs. Madhya Pradesh State Road Transport Corporation a ...
Court: Madhya Pradesh
Decided on: Aug-13-2005
Reported in: IV(2005)ACC687; 2006ACJ2604
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Sagar, in Claim Case No. 35 of 1997, dated 31.3.1999.2. Claimants are father and brother of the deceased Mohd. Shaif Ali alias Shafique. Deceased was car mechanic-cum-car driver. Accident took place on 18.6.1997 when he was going from Mawai to Piparia at 6 a.m. in the car after collecting passengers. When he reached Rajmarg Chouraha, Sagar Road, at 11 a.m., M.P. State Road Transport Corporation bus bearing No. MP 09-D 0398, driven rashly and negligently by the driver Gaffoor, respondent No. 2, dashed against the car with great impact that the car went off the road into field. Shaif Ali alias Shafique died on the spot, while passengers sustained injuries. F.I.R. was lodged at Police Station, Suatala and case was registered under Sections 279, 337, 338 and 304A of Indian Penal Code against respondent No. 2, Gaffoor (driver of M.P. State Road Transport Corporation bus).3. The claimants subm...
Diwakar Rao Makode Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-12-2005
Reported in: 2005(4)MPHT62
S.L. Jain, J.1. This judgment shall govern the disposal of this appeal as well as Criminal Appeal No. 1198/2001 (Ramnarayan Bishnoi v. State of M.P.) and Criminal Appeal No. 1233/2001 (Brij Bhushan Sharma v. State of M.P.).2. As all these appeals arise out of the judgment passed by IIIrd Additional Sessions Judge (Fast Track Court), Betul in Special Case No. 13/91, whereby all the appellants were acquitted of an offence punishable under Section 3(1)(xii) of the SC/ST (Prevention of Atrocities) Act, 1989 (henceforth, 'the Act') but all of them have been convicted for an offence punishable under Section 376(2)(g) of the Indian Penal Code (for short, 'the IPC) and appellant Brij Bhushan Sharma has been sentenced to imprisonment for life with fine of Rs. 25,000/- and in default whereof with further imprisonment for 2 1/2 years, appellants Ramnarayan Bishnoi and Diwakar Rao Makode have been sentenced to R.I. for 7 years each with fine of Rs. 10,000/- each in default whereof R.I. for one yea...
Colgate Palmolive (India) Ltd. Vs. Shri Satish Rohra and anr.
Court: Madhya Pradesh
Decided on: Aug-12-2005
Reported in: 2005(4)MPHT337; 2005(4)MPLJ380
ORDERRakesh Saksena, J.1. Petitioners have filed thisss petition under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings of the Criminal Complaint R.T. No. 604 of 2000 pending in the Court of Judicial Magistrate First Class, Bhopal, and for quashing the order dated 25-11-1999 passed by the aforesaid Court, taking cognizance of offences punishable under Section 420 of the Indian Penal Code and Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958.2. Complainant Satish Rohra, a resident of Idgah Hills, Bhopal, filed a complaint against the petitioner-Company, its officers and Directors contending that the petitioner-Company is the manufacturer of the Colgate Dental Cream. Being prompted and induced by the advertisements made by the Company in various newspapers and Television to the effect that by the use of aforesaid Colgate Dental Cream his teeth will remain healthy, he purchased one 50 Grams Carton of Colgate Tooth Paste from Darvesh Medical...
Shree Kishan Vs. Rajendra Varma
Court: Madhya Pradesh
Decided on: Aug-12-2005
Reported in: I(2007)BC314
ORDERN.K. Mody, J.1. Being aggrieved by the Judgment and Decree dated 7.8.2004 passed by ADJ (Fast Track Court), Shujalpur in Regular Civil Appeal No. 7-B/2004 whereby the Judgment and Decree passed by the learned Civil Judge Class-II, Shajapur dated 27.9.2003 in civil suit No. 19-B/2002 was set aside and the suit filed by the respondent was decreed with a direction to pay Rs. 15,000 along with interest @ 6% per annum, the present revision petition has been filed.2. Short facts of the case are that the petitioner was the owner of the Motor-bike Hero Puch bearing No. MP 009 CC 3335 which was purchased by him under a Hire Purchase Agreement. As per the agreement, the price of the vehicle was to be paid in 24 instalments of Rs. 1150 per month for which advance cheques were given by the petitioner.3. Vide Agreement dated 7.12.2000, petitioner entered into an agreement with the respondent and agreed to sell the said Hero Puch for a sum of Rs. 15,000 out of which a sum of Rs. 12,000 was paid...
Basanti Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-11-2005
Reported in: 2(2006)DMC429; 2006(2)MPLJ154
Abhay K.Gohil, J.1. Appellant has filed this appeal challenging her conviction under Section 302 of I.P.C. and sentence to imprisonment for life, awarded by Additional Sessions Judge, Lahar, in Sessions Trial No. 179/1995 vide impugned judgment dated 19.2.1997.2. It is not disputed that the deceased was the wife of co-accused Anil Kumar and daughter-in-law of present appellant Basanti. Another co-accused Vidyaram was her father-in-law. They were all residents of village Rahavali, P.S. Lahar, district Bhind. The incident took place on 26.4.1995. It is alleged that prior to 5-6 days of the incident, some currency notes of around Rs. 40 of the appellant were missing and because of which there was disturbance in the family. On the day of incident, between 10-11 O'clock in the morning, the deceased after preparing food, was inside the room. Appellant Basanti came there with a can of kerosene oil and after sprinkling the kerosene oil, on the body of the deceased set her on fire. The deceased...
Naresh Seth Vs. Mahant Krishna Gopalpuri
Court: Madhya Pradesh
Decided on: Aug-11-2005
Reported in: AIR2006MP151; 2006(1)MPLJ68
Abhay M. Naik, J.1. Heard finally.2. Appeal is directed against an order allowing thereby an application for temporary injunction restraining the defendant/ appellant from making construction on the disputed land. Plaintiff/appellant has pleaded that he has been residing in the suit property belonging to Kapil Muni Mahanir-wani Panchayti Akhada, Sagar. Earlier, Mahant Anant Narayan Puri was the Mahant of the said Akhara who died on 5-6-1988. Plaintiff has stated that he is Mahant of the entire property belonging to the Akhara and has been managing the same since last number of years. Plaintiff has been realizing rent from about 20-25 tenants occupying various rooms belonging to the said Akhara. The suit property is an open piece of land admeasuring 70 ft. x 20 ft. The defendant is trying to occupy the suit property by claiming it and making construction over it. Plaintiff has further pleaded that the defendant has no right to make the construction and is liable to be restrained. Decree...
Ganesh Bai and ors. Vs. Sobran Rai and ors.
Court: Madhya Pradesh
Decided on: Aug-11-2005
Reported in: 2007ACJ1942
Arun Mishra, J.1. This appeal has been preferred by the claimants aggrieved by an award dated 5.9.2000, passed by the Third Additional Motor Accidents Claims Tribunal, Chhatarpur in Claim Case No. 18 of 1999 awarding a sum of Rs. 71,000 on account of death of Vithol, aged 32 years.2. It is averred in the claim petition that in an accident dated 18.2.1999 when HMT tractor (MP 16-A 2362) was ploughing the agriculture land, it turned turtle, owing to which Vithol who was helping in the agriculture operation came beneath the tractor and died on the spot. The tractor was driven by Sobran, owned by Ghanshyamdas, insured with New India Assurance Co. Ltd. Report of the incident was lodged. Crime was registered against the driver for offence under Section 304A of the Indian Penal Code at Crime No. 79 of 1999. Deceased owned 5 acres of agriculture land. In addition, he was an agriculture labourer, used to earn Rs. 20,000 per annum. Compensation of Rs. 5,55,200 was claimed.3. The owner and driver...
Ram Kumar Yadav Vs. South Eastern Coal Fields Limited
Court: Madhya Pradesh
Decided on: Aug-10-2005
Reported in: [2006(108)FLR786]; 2005(4)MPHT371; 2006(1)MPLJ161
ORDERK.K. Lahoti, J.1. The case of the petitioner, as stated in the petition, is that the petitioner was engaged as Labourer by the respondent on 25-7-1975. Thereafter in the year 1978, the petitioner was promoted as Clerk Grade I and since then the petitioner is working at Bijuri, Sub-Area Somna Colliery, District Anuppur. In the service record, the date of birth is recorded as 30th January, 1948 which reflects from the monthly pay slip for the month of the July, 2004 of the petitioner. In column No. 1 of the pay slip, the date of birth is shown 30th January, 1948 and the date of retirement is shown as 29-1-2008. But the respondent has issued the order dated 25/30-1-2005 (Annexure P-4) by which the petitioner has been directed to be retired with effect from 31 -1-2005, while the petitioner's date of retirement is 29th January, 2008. In these circumstances, the petitioner can not be retired on the aforesaid date. The petitioner is matriculate from Board of High School and Intermediate ...
Triveni Prasad Mishra Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-10-2005
Reported in: 2005(4)MPHT498
ORDERDipak Misra, J.1. The Water Resources Department of the State of Madhya Pradesh invited tenders for construction of 21.03 Kms of W.B.M. Internal Roads including 134 number of Hume Pipe Culverts at Model Village New Mirgouti, District Satna. The estimated amount of contract was stated to be Rs. 159.08 lakhs. The time for completion of work was 12 months which included the rainy season. The earnest money that was determined in the NIT was Rs. 1,19,310/-. The pre-qualification document for item rate tender Form B was issued by the respondent No. 1. The said document has been brought on record as Annexure P-1. It is put forth that the said document stipulated certain instructions to the tenderers. The eligibility criteria were provided in the pre-qualification document. One of the stipulations in the pre-qualification document postulated that a Joint Venture firm may apply for consideration.2. According to the writ petitioner, he and one Kedar Nath Chaturvedi entered into a Joint Vent...
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