Court : Madhya Pradesh
Reported in : 2006(2)MPHT416; 2006(3)MPLJ600
ORDERK.K. Lahoti, J.1. The petitioner has sought following reliefs:-(1) To quash Rule 10 of M.P. Municipalities (Election Petition) Rules, 1962, for being ultra vires and illegal in regard to M.P. Municipality Act, 1961.(2) To quash impugned order Annexure P-1.(3) To lay down correct interpretation and meaning of Rule 10 if it is held intra vires.(4) Any other order or direction appropriate in the facts and circumstances of the case.(5) To allow costs.2. The petitioner has challenged vires of Rule 10 of M.P. Municipalities (Election Petition) Rules, 1962 (hereinafter in short referred to as 'the Rules') as ultra vires. For ready reference Rule 10 reads as under : -10. Recrimination when scat claimed. - Where at an enquiry into an election petition, any candidate, other than the elected or selected candidate claims the seat for himself, the elected or selected candidate or any other party may give evidence to prove that the election or selection of such candidate would have been void if...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ1562
A.M. Sapre and A.K. Tiwari, JJ.1. This is an appeal filed by employers (non-applicants) under Section 30 of the Workmen's Compensation Act against an award dated 27.3.2003 passed by Commissioner for Workmen's Compensation (Labour Court), Indore in Case No. 12 of 1997 W.C.F. By impugned award, learned Commissioner, Workmen's Compensation, i.e., the Labour Court was pleased to allow the claim application made by the respondent in part under Section 10 of the Act and awarded a sum of Rs. 1,24,788 to the respondents. It is this award passed by the Commissioner, Workmen's Compensation which is sought to be impugned by the employers in this appeal.2. Heard Mr. S.V. Dandwate, learned Counsel for the appellants and Mr. Sanjay Patwa, learned Counsel for respondents.3. We may at the outset, take note of the well defined principles or parameters provided in Section 30 of the Act while deciding the appeal. The section empowers this Court to hear and decide the appeal if it involves any question of...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ171
S.C. Vyas, J.1. This revision is directed against the judgment passed in Criminal Appeal No. 229 of 1998 by First Additional Sessions Judge, Dhar on dated 11.5.1999 dismissing the appeal and confirming the judgment of conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred as the Act for short) and sentence for six months R.I. and fine of Rs. 1,000/-, in default thereof three months R.I. passed against the applicant.2. The prosecution case in brief was that on 27.8.1995 non-applicant food inspector after giving his introduction taken sample of Bundi Laddu from the shop of the applicant. After completing necessary formalities the sample so taken was sent to Public Analyst for analysis. On analysis Public Analyst found that the sample of Bundi Laddu contains non permitted colour Metanil Yellow and Khesari Dal also. Thereafter non-applicant food inspector after taking requisite sanction filed charge sheet against the applicant before lea...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ578
ORDERS.C. Vyas, J.1. This revision is directed against the judgment and order dated 3-9-2001 passed by 1st Additional Sessions Judge, Ratlam in Criminal Appeal No, 235 of 2000, whereby upheld the judgment and order of conviction dated 5-10-2000, passed by Chief Judicial Magistrate, Ratlam in Criminal Case No. 4317 of 1990. The applicants accused stood convicted under Section 18(a)(i) and 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter for brevity shall be referred to as the 'Act') and sentenced to undergo R. I for one year and to pay a fine of Rs. 5,000/-, in default to further undergo S.I. for one month.2. The order dated 22-11-2005 shows that applicant No. I had reported to be died on 27-8-2005. In this regard the counsel for applicant has already filed an LA. 6907 of 2005. In support of the LA. He has also filed the death certificate issued by Municipal Corporation, Indore. The learned G.A. has also admitted this fact. Thus the name of applicant No. 1 be deleted from the cau...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT38; 2006(3)MPLJ360
ORDERK.K. Lahoti, J.1. The petitioner who was elected Sarpanch of Gram Panchayat, Siloda Tehsil Pandhana, District East Nimar, Khandwa has challenged order Annexure P-7, dated 8-7-2005 by Sub Divisional Officer-cum-Prescribed Authority, Pandhana in Case No. 4-C-145-2004-05 by which the authority allowed the election petition filed by respondent No. 3 Kishori Lal under Section 122 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Act' for short) and set aside the election of petitioner for the office of Sarpanch, Gram Panchayat, Siloda.2. The facts of the case relevant for the decision of this petition are as under:-That the petitioner was elected as Sarpanch for the period 1995-2000. During this period the petitioner installed a tube well, under the Spot Source Scheme. Under the M.L.A. fund an expenditure of Rs. 1,03,191/- was made by the petitioner for installation of tube well. A complaint was lodged against the petitioner that he is involved in the ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ2076
Arun Mishra, J.1. This appeal has been preferred by the claimant for enhancement of compensation aggrieved by award dated 24.11.2000 passed by the Third Additional M.A.C.T., Damoh in Claim Case No. 35 of 1998.2. In an accident dated 6.1.1997 when the claimant was returning from Sagar to Damoh in Maruti van (MP 04-J 2841) near Hanuman Temple, Damoh, bus (MP 15-D 2017) dashed Maruti van. Bus was driven by Raju Pandey in a rash and negligent manner. The claimant and other persons travelling in Maruti van sustained injuries. They filed separate claim petitions. Claimant Basant Kumar Purohit aged 43 years was working as Revenue Inspector and was earning a sum of Rs. 7,000 per month. He has incurred permanent disability and was deprived of obtaining salary during the course of treatment. The bus was owned by Krishna Kumar Rai and insured with New India Assurance Co. Ltd.3. The owner and driver in their reply denied the averments made in the claim petition and contended that driver was not ne...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ1403
N.K. Mody, J.1. Heard on IA No. 9963/ 2005 which is an application for dispensing with service of notice on respondent No. 1. Application is allowed at the risk of appellant.2. With the consent of parties matter is heard finally.3. Being aggrieved by the inadequacy of the amount awarded vide award dated 7-5-2004 passed by XVI MACT, District-Indore in claim case No. 210/2003 whereby a sum of Rs. 3,050/- has been awarded as compensation along with interest @ 8% per annum the present appeal has been filed.4. Learned Counsel for the appellants submit that the break-up of amount awarded is as under:Rs. 500/- towards medical expensesRs. 1,000/- towards pains and sufferingsRs. 1,550/- towards doctor's fee5. Learned Counsel for the appellants submit that from discharge certificate it is evident that appellant sustained fracture of L-1 and L-5 bone, it is submitted that medical evidence was adduced by the deceased-claimant to prove that the deceased-claimant sustained fracture. It is submitted ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2006)ACC370; 2007ACJ1778; 2006CriLJ4246; 2006(2)MPHT146
ORDERS.C. Vyas, J.1. This criminal revision under Sections 397 and 401 of the Code of Criminal Procedure is directed against the judgment passed by Sessions Judge, West Nimar, Mandleshwar, in Cr. Appeal No. 214/1999 on dated 24-3-2000 confirming the judgment passed by JMFC Mandleshwar in Cr.C. No. 38/99 wherein learned Magistrate found the applicant guilty for the offence punishable under Sections 304A, 338 and 279 of IPC and sentenced him with R.I. for six months and fine of Rs. 3,000/-, R.I. for 3 months and fine of Rs. 500/-, R.I. for one month and fine of Rs. 500/- respectively.2. The short facts of the case are that on 27-1-1999 at about 11.30 a.m. Vesta and Kunwar Singh were working in the field of Ganesh Patidar. Applicant came from the side of the village driving tractor bearing number M.P.-10-A/1109 rashly and negligently. Vesta was dashed by the tractor and was crushed by the wheels of the tractor. Kunwar Singh also sustained injury on his hand in this accident. Police regist...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2006)ACC201; 2006ACJ2383
A.M. Sapre, J.1. The decision rendered in this appeal shall govern disposal of other connected five appeals being M.A. Nos. 57, 129, 134, 135 and 167 of 1999, because firstly all these appeals arise out of the same award passed by Claims Tribunal and secondly they are inter se same parties, i.e., in the nature of cross-appeals filed against each other and lastly, all these appeals arise out of the same motor accident.3. Facts in all these appeals being common to a large extent except insofar as they relate to personal claim of the claimants, they need mention in brief infra.2. This is an appeal (M.A. No. 248 of 1999) filed by the claimants under Section (Honda) 173 of the Motor Vehicles Act against an were award, dated 16.9.1998, passed by learned Third Additional Member, Motor Accidents Claims Tribunal, Ujjain in Claim the ase No. 7 of 1994. By impugned award, the learned Member of the Claims Tribunal awarded a total sumof Rs. 1,85,000 to the claimants for the death of one Rajesh who ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ419
ORDERAbhay M. Naik, J.1. Short facts giving rise to this Civil Revision are that Shri Bhagchand Sharma had an Insurance Policy against his life bearing No. S/341332096 for a sum of Rs. 20,000/- (Rupees Twenty thousand) issued by the Life Insurance Corporation of India on 27-3-1990. The respondents are the daughters of Bhagchand Sharma, who became unwell during his duty hours and was admitted to the Government District Hospital, Khandwa. Bhagchand Sharma died during his treatment in the Hospital. The matter was reported to the police who got the post mortem performed on the body of deceased Bhagchand Sharma, No offence was found to have been committed and accordingly, the concerning police station closed the case of death of Bhagchand Sharma. The factum of death was informed to the Life Insurance Corporation of India. There was one more Policy of Insurance bearingNo. S/341331808 against the life of Bhagchand Sharma for a sum of Rs. 10,000/- (Rupees ten thousand). The claim was submitted...
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