Madhya Pradesh Court January 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
United India Insurance Company Vs. Phuljharia and ors.
Court: Madhya Pradesh
Decided on: Jan-05-2006
Reported in: 2006(1)MPHT492
ORDERS.L. Jain, J. 1. This appeal, under Section 173 of the Motor Vehicles Act (henceforth 'Act') is directed against the award dated 15-7- 96 passed by IVth Additional Motor Accidents Claims Tribunal, Rewa in Motor Accident Claim Case No. 02/96, whereby an amount of Rs. 90,000/- was awarded to the claimants/respondent Nos. 1 to 3 with interest at the rate of 12% per annum for the death of Chela Charmakar in a motor accident.2. The facts leading to the filing of this appeal, shortly narrated, are that the respondent Nos. 1 to 3 filed a claim petition before Motor Accidents Claims Tribunal, Rewa, alleging that on the date of the incident deceased Chela Charmakar was going from Jabalpur to Rewa by truck No. UPV-33, owned by Rakesh Kumar Arora and driven by one Shyam Sunder. The deceased paid fare to the driver. The deceased Shyam Sunder drove the truck in a rash and negligent manner which resulted in an accident and as a consequence thereof not only certain passengers including deceased ...
The Chairman, M.P. Electricity Board and ors. Vs. Ram Naresh Gautam
Court: Madhya Pradesh
Decided on: Jan-05-2006
Reported in: III(2006)ACC763; 2006(1)MPHT495
S.L. Jain, J.1. Invoking appellate jurisdiction of this Court under Section 96 of the Code of Civil Procedure, 1908, appellant M.P. Electricity Board has filed this appeal challenging the legality, validity and propriety of the judgment and decree dated 20-2-2001 passed by the 2nd Addl. District Judge, Satna in C.S.No. 25-A/2000, granting compensation to the respondent to the tune of Rs. 91,000/- for the death of Smt. Ramrati alias Ramkali who is alleged to have died on account of negligent acts of the appellants.2. Facts leading to the filing of this appeal in nutshell are that; the respondent filed a suit against the, appellants stating that when his wife Smt. Ramrati alias Ramkali went to the field to answer the call of nature she came in the contact of broken electric wire in her Kolia, and suffered electrocution resulting into her death. The incident was reported to the police and post mortem of the deceased was performed. Doctor who performed the post mortem opined that Ramrati a...
Pyar Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-05-2006
Reported in: 2006CriLJ1354; 2006(2)MPHT331; 2006(1)MPLJ395
ORDERS.C. Vyas, J.1. This is a revision under Sections 397, 401 of Code of Criminal Procedure (for short hereinafter referred as Code), challenging the order passed by Additional Sessions Judge, Ujjain and Special Judge (NDPS Act), on 6-12-2005 in Sessions Trial No. 200/2005 whereby the learned Court has ordered to file the power submitted by Shri R. C. Pandey, Advocate on behalf of Pyar Singh in that case.2. Accused Pyar Singh (applicant in the present revision) and some others were being tried by the learned Additional Sessions Judge and Special Judge for offence punishable under Sections 397, 450,506(b) read with Section 34 of the Indian Penal Code. At the time of commencement of the proceedings before the learned Sessions Judge the applicant was not in a position to engage a counsel and, therefore, one Mr. B.M. Sharma was appointed to defend the applicant in the sessions trial. Later on applicant engaged Shri R. C. Pandey and his companions to appear, act and plead for him in the s...
Assistant Commissioner of Wealth Tax Vs. Smt. Mrinalini Devi Puar
Court: Madhya Pradesh
Decided on: Jan-05-2006
Reported in: (2006)202CTR(MP)413; [2008]296ITR201(MP)
ORDERA.M. Sapre, J.1. The decision rendered in this appeal shall also govern disposal of other connected appeals being WTA Nos. 5, 6 and 7 of 1999, as all these appeals arise out of the common order passed by the Tribunal and secondly, they are between the same parties i.e., in relation to one assessee except the difference being that the appeals arise out of different assessment years and lastly, common question of law is involved in all these appeals. 2. This is an appeal filed by Revenue i.e., CWT under Section 27A of the WT Act against an order dt. 27th Oct., 1998, passed by Tribunal in WTA No. 42/Ind/1994. By impugned appellate order, the Tribunal was pleased to dispose of other connected appeals arising out of different assessment years relating to same assessee (respondent herein) because in all appeals, common question of law based on same fact was involved. This appeal was admitted for final hearing on following substantial question of law: Whether, on the facts and in the cir...
Shahzad Vs. Anisa Bee and ors.
Court: Madhya Pradesh
Decided on: Jan-05-2006
Reported in: 2006(1)MPLJ555
ORDERS.C. Vyas, J.1. The applicant has preferred this revision challenging the order passed by Second Additional Sessions Judge, Garoth, Distt. Mandsaur in Criminal Revision No. 112/2005 on dated 2.7.2005 whereby the criminal revision preferred by respondent No. 1 Anisa Bee regarding granting maintenance was accepted and an order of payment of maintenance @ Rs. 600 per month under Section 125 of the Code of Criminal Procedure has been passed.2. The respondent No. 1 Anisa Bee is the wife of applicant and respondent Nos. 2 and 3 are the children out of the wedlock of the applicant and respondent No. 1. Respondent Nos. 4 and 5 are the parents of applicant. The marriage between applicant and respondent No. 1 was solemnized around 8 years back as per Muslim rituals. Respondent No. 1 filed an application under Section 125 of the Code of Criminal Procedure before the JMFC, Garoth which was registered as M. Cr. C. No. 11/1998. After taking evidence of both the parties that case was finally dec...
Madhya Alias Mahadev Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-05-2006
Reported in: 2006(1)MPLJ583
ORDERS.C. Vyas, J.1. This revision petition under Sections 397 and 401 of the Code of Criminal Procedure is directed against the order dated 17-10-2005 in Sessions Trial No. 130/ 2005 passed by Additional Sessions Judge, Manawar, District-Dhar, whereby trial Court had directed framing charges against the petitioner under Section 306 of the IPC.2. As per the final report submitted by police Manawar, District-Dhar before the learned Lower Court the case of the prosecution was that on 21-2-2005 when Basanti Bai D/o Bhangda Bhil aged about 16 years of village Piplaj was attending natural call in the forest, then petitioner came there and caught hold of the girl with intend to outrage her modesty and tried to snatch her towards Nala. The said Basanti Bai was opposing the act of the petitioner. At that time Surbai W/o Mohan Bhil aged about 20 years, and younger sister of Basanti Bai, Rumu Bai D/o Bhangda Bhil aged 11-12 years, who were also attending natural call had witnessed the incident. ...
Mukesh Kumar Sharma Vs. Ramdutt and ors.
Court: Madhya Pradesh
Decided on: Jan-05-2006
Reported in: II(2007)ACC351
P.K. Jaiswal, J.1. This appeal is filed by the claimant for enhancement of compensation. Appellant in an accident suffered injury and his right foot was amputed. In this appeal other findings are not under challenge, only question is about the quantum of compensation.2. As regards the nature of injuries, Dr. S.N. Tripathi (AW 4) has deposed that h when the appellant was admitted in the hospital his right foot was amputed below the knee. He was in shock. Dr. B.P. Purohit (AW 2) and Dr. N.L. Sharma (AW 3) have deposed that the right foot of the appellant below the knee was amputed.3. Counsel for the appellant submitted that if the right foot was amputed from below the knee, loss of earning capacity will be around 100% because appellant is a driver and now he cannot work as a driver. However, in this case amputation of a right foot is from knee and below the knee. Therefore, as per Part II of Workmen's Compensation Act, loss of earning capacity will be reduced. Injured claimed that he was...
The State of Madhya Pradesh Vs. Ritesh Kumar Sharma and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2006
Reported in: 2006(2)MPHT11; 2006(3)MPLJ53
ORDERA.K. Patnaik, C.J.1. This is a petition under Article 227 of the Constitution of India filed by the State of Madhya Pradesh challenging the order dated 22-6-1999 passed by the Madhya Pradesh Administrative Tribunal, Bhopal Bench, (for short the Tribunal') in Original Application No. 502/1998.2. The relevant facts are that Madhya Pradesh Public Service Commission (hereinafter referred to as the 'PSC') issued an advertisement dated 9-4-1998 inviting applications from the candidates for recruitment to the State Civil Services Examination. Pursuant to a circular dated 2-12-1997 of the State Government, the advertisement stipulated in condition No. 4 that the candidate must have passed Higher Secondary or the Graduate degree from any school or college in the State of Madhya Pradesh. In response to the said advertisement, the respondent No. 1 submitted his application before the respondent No. 2/PSC, but his candidature was rejected by the PSC on the ground that he had not passed either...
Satish Kumar Sahu and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2006
Reported in: I(2006)DMC754; 2006(2)MPLJ186
ORDERS.C. Vyas, J.1. Heard finally at the motion hearing stage with the consent of both parties As directed on last date of hearing Mr. A. Kakani submitted the case diary of the case of Crime No. 88/2005 of Mahila Thana, Indore registered under Sections 498A, 506, 406 read with Section 34 of the IPC.2. Mr. Mukhati Advocate submits that as per allegations made in the FIR no part of the offence was committed at Indore and, therefore, the Court at Indore has no jurisdiction to try the case. He has further submitted that just to create the jurisdiction in Indore Court a line has been added the statements of the complainants and other witnesses recorded under Section 161 of the Cr. P.C., to the effect that accused persons came to Indore and harassed and threatened the complainant here also.3. Mr. Mukhati relied upon the reported case of Supreme Court Abraham Ajith and Ors. v. Inspector of Police, Chennai : 2004CriLJ4180 .4. Mr. Kakani submitted that the complainant was threatened and harass...
Gurmeet Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2006
Reported in: 2006CriLJ1390; 2006(2)MPHT289; 2006(1)MPLJ250
ORDERS.C. Vyas, J.1. Feeling aggrieved by the order dated 2-3-2005, passed by Judicial Magistrate First Class, Indore in Cri. Case No. 864 of 2004, whereby the application filed by applicant accused under Section 177 of the Code of Criminal Procedure, has been rejected, hence applicant preferred this revision before this Court.2. Facts of the prosecution case in short are that complainant Ramnik Kaur who is resident of Ranchi (Jharkhand) was married to the applicant on 28-5-2001. The marriage of Ramnik Kaur was solemnized with applicant Gurmeet Singh on 28-5-2001 at Patna. The applicant is permanent resident of S. P. Mukherjee Road, Murgasal, Asansole, District Vardhaman (W.B.). After the marriage she had started living with her husband, mother-in-law Surjeet Kaur, sister in law Ravindra Kaur and Balvinder Kaur at Asansole. She had lodged a first information report at Mahila Police Station, Indore on 2-8-2004 in which it has been alleged that just from the second day of the marriage he...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »