Madhya Pradesh Court October 2006 Judgments
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Pankaj Saxena Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-13-2006
Reported in: 2006(4)MPLJ449; 2007(3)SLJ298(NULL)
ORDERP.K. Jaiswal, J.1. Heard.2. Counting of ad hoc period of service of the appellant, for the purpose of seniority is the main issue which falls for adjudication in this appeal.3. This appeal is directed against the judgment and order dated 5.7.2006 passed in Writ Petition No. 308/2006(S) by which the learned Single Judge dismissed the petition of the petitioner on the ground that ad hoc period cannot be counted for the purpose of seniority.4. Brief facts which are necessary to dispose of the appeal are recapitulated as under.5. The appellant was appointed on ad hoc basis vide order dated 3.2.1984 (Annexure P/l) as an Asstt. Teacher for the period of 89 days. After expiry of the above period, his service has been discontinued, and therefore, he filed an application under Section 19 of the Administrative Tribunal Act. 1985 before the M.P. State Administrative Tribunal. The matter was decided by the Tribunal on 3.11.1993 (O.A. No. 457/01). By the said order the respondents were directe...
Dr. Deo Patodi and anr. Vs. Devendra Arora and anr.
Court: Madhya Pradesh
Decided on: Oct-13-2006
Reported in: II(2007)ACC236; 2008ACJ265
ORDER1. This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act challenging award dated 9.5.2005 passed by XV Additional Member Judge, Motor Accident Claims Tribunal in Claim Case No. 19/2004 whereby the Claims Tribunal has awarded an amount of Rs. 9,38,000 as compensation to the present appellant, who are parents of the deceased Deepak Kumar for his death.2. The brief facts of the case are that Deepak was travelling in a Car No. M.P. 09/H.C.5868 on 12.6.2003. He was going from Indore towards Bhopal and met with an accident in the way. Deepak was 22 years of age at the time of accident. He died on 18.6.2003, during this period he was admitted in Bhandari Hospital, Indore and Chirau Hospital, Bhopal. After his death the present appellant has filed Claim Petition for compensation for the death of the deceased. The Claims Tribunal held that the accident has taken place due to rash and negligent driving of the vehicle by respondent No. 1 and the vehicle was insure...
Jyoti Narendra Chatar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-11-2006
Reported in: 2007CriLJ3313
ORDERS.S. Dwivedi, J.1. Applicant has preferred this revision petition under Section 397 of the Criminal Procedure Code feeling aggrieved by the impugned order dated 17-7-2006 passed by the 4th Additional Sessions. Judge, Ratlam in Session trial No. 17/2006 whereby learned trial Court has ordered for framing of the charge under Sections 306 and 201 of the Indian Penal Code against the applicant/accused.2. Brief facts of the case are that the applicant/accused is the wife of one Narendra Chatar. They were living together at Ratlam. It is alleged that the applicant/ accused demanded money repeatedly from her husband for her expenses and also harassing him by the excessive demand. Due to this treatment, husband of the applicant/ accused Narendra Chatar had consumed some poisonous substance and committed suicide on 8-5-2005. A morgue report has been registered by the police and postmortem has been performed on the dead body of the deceased Narendra Chatar. On enquiry it has been found that...
Smt. Inder Pal Kour Jassal Vs. M.P. Road Transport Corporation
Court: Madhya Pradesh
Decided on: Oct-11-2006
Reported in: [2007(113)FLR538]
Shantanu Kemkar, J.1. Shri V.S. Trivedi, learned Counsel for the petitioner.Shri Shobhitaditya, learned Counsel for the respondents.With consent heard finally.2. Petitioner by way of filing the present petition before this Court have claimed the interest upon the amount of arrears of Dearness Allowance from July, 1995 to March, 2002 which was deducted and was kept in a separate fund maintained by the respondents called as 'Employees Deposit Fund'. The matter of grant of interest was already decided by the Indore Bench of this Court in W.P. (S) No. 334/2004 decided on 5.10.2004. In the said case, the Court has allowed the interest @ 8% p.a. on the deducted amount of arrears of Dearness Allowance payable to the petitioner upon their retirement, the amount shall be paid by the respondents to the petitioner within a period of three months from the date of receipt of the certified copy of this order.In view of the aforesaid, the present petition is allowed....
Balram Mehani and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-11-2006
Reported in: 2007(2)MPLJ74
ORDERDeepak Verma, J.1. This order shall also govern disposal of M.Cr.C. No. 10497/2005 (Shankar Mihani and Ors. v. State of M.P.) and M.Cr.C. No. 10538/2005 (Jitendra Bhawsar and Ors. v. State of M.P.) as common question of law as to applicability of the provisions of Chapter VII-A of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is involved in all the aforesaid petitions.2. The Station House Officer, Police Station, Itarsi, moved applications before Judicial Magistrate First Class, Itarsi for initiating proceedings against the petitioners under Chapter VII-A of the Code and to pass appropriate orders for attachment and forfeiture of the properties which could be identified to have been derived from or used in commission of offence and out of their criminal activities. According to police, petitioners were involved in criminal activities since long and had accumulated huge wealth derived directly or indirectly by or such criminal and unlawful activities. Accor...
Sonia Sahu Vs. Rajeshwari Prasad Mishra and ors.
Court: Madhya Pradesh
Decided on: Oct-11-2006
Reported in: 2008ACJ156
Arun Mishra, J.1. This appeal has been preferred for enhancement of compensation aggrieved by an award dated 12.4.2005 passed in Claim Case No. 53 of 2002 by the Second Additional Motor Accidents Claims Tribunal, Sidhi.2. The claimant on 21.1.2002 at 11 a.m. was travelling in bus No. MP 53-E 0120 from village Budhar to Devra. Claimant was dashed by the said bus while she was getting down from the bus. Owing to which the appellant aged about 57 years sustained injuries. Amputation of leg above knee level had to be done. Disability has also been found by the Medical Board to the extent of 75 per cent. Learned Member of the Claims Tribunal awarded compensation of Rs. 89,945 along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation. However, for conveyance and attendant a sum of Rs. 6,000, for special diet a sum of Rs. 3,000 has been awarded to the claimant. Learned Claims Tribunal has awarded an amount of Rs. 50,000 for permanen...
Y.S. Bist Vs. Steel Authority of India Ltd. and ors.
Court: Madhya Pradesh
Decided on: Oct-07-2006
Reported in: II(2007)BC511; 2006(4)MPLJ586
ORDERS.C. Vyas, J.1. As common questions of law and fact are involved in all these six Misc. Criminal Case Nos. 739/06, 740/06, 750/06, 751/06, 752/06 and 753/06. therefore, they have been heard together and are being decided by this common order. The copy of this order be placed in the record of every case.2. Petitioner Y.S. Bist is an accused No. 5 in six private complaints filed by respondent No. 1 in the Court of Judicial Magistrate First Class, Indore. Respondent No. 2 to 5 are other accused persons. It has been averred in the complaint filed by respondent No. 1 in all the six cases before Judicial Magistrate First Class, Indore, that petitioner herein is the General Manager (Plant) of M/s Bhanu Iron & Steel Co. Ltd., having its registered office at Hisar (Haryana), corporate office at New Delhi and works at Peethampur, District-Dhar, having its one office at 9-A, Manoramaganj, A. B. Road, Indore also. Accused No. 6 is the company incorporated under the Companies Act. Whereas the ...
Gyan Prakash Vs. General Manager, Ordnance Factory and ors.
Court: Madhya Pradesh
Decided on: Oct-05-2006
Reported in: AIR2007MP118
ORDER1. This is a Public Interest Litigation alleging that the mandatory provisions of the Public Liability Insurance Act, 1991 and the Public Liability Insurance Rules, 1991 made thereunder are not being complied with by Respondents 1 to 11.2. The petitioner who claims to be the Founder of the Forum for Traffic Safety and Environmental Sanitation has alleged that a number of fire accidents have taken place in the Ordnance Factories located in the State of Madhya Pradesh. He has alleged that several accidents have also taken place during storage and transportation of arms and ammunition from the said Ordnance Factories to places outside the State of Madhya Pradesh. He has stated that as a result of such accidents, there have been huge losses of life and property. Some of these accidents have been detailed in the Writ Petition and these are accidents, which took place in March 1988 in the Central Ordnance Depot, Jabalpur, in November, 1992 in the Ordnance Factory, Itarsi, in January, 19...
Ashwani Kumar Tandon Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-05-2006
Reported in: 2007(1)MPLJ162
ORDERS.C. Vyas, J.1. This is a petition filed under Section 482 of Criminal Procedure Code, for quashing Cr. Case No. 686/2004 pending in the Court of Chief Judicial Magistrate, Shajapur against present petitioner, on the complaint of Junior Supply Officer, District-Shajapur.2. Complainant has filed the complaint before CJM, Shajapur, on the allegation that on 18-12-2000 Food and Civil Supply Officer, M.K. Singhai inspected the shop, Vikram Cement, 43 A.B. Road, Shajapur, in presence of witness Manoj Mundra, accused No. 1 of the case, Depot In-charge, who was present at the time of such inspection, other officers of the food department were also present. On inspection, it was found that cement was being sold from that depot at unreasonable rates. The rate list of the same was not exhibited at the time of inspection for that date, there was a rate list available in the depot, which was of 16-12-2000. Stock register was also found incomplete, and it was found that from that shop cement w...
Sanjay Chaudhary and ors. Vs. Sanghi Brothers (indore) Ltd.
Court: Madhya Pradesh
Decided on: Oct-05-2006
Reported in: 2007CriLJ4199
ORDERS.S. Dwivedi, J.1. Applicants have preferred this revision petition under Section 397/401 of the Criminal Procedure Code feeling aggrieved by the impugned order dated 14-8-2006 passed by the Judicial Magistrate, Indore in Criminal Case No. 214/2003 whereby ordered for framing of the charge -under Section 420 and 406 read with Section 34 of the Indian Penal Code against the applicants.2. Brief facts of the case which are necessary for the disposal of this revision petition are that non-applicant Sanghi Brothers (Indore) Limited, Indore is a registered company dealing with the sale of auto vehicles at Indore. Similarly, present applicants are Directors of the Chetak Construction Limited, a registered company having its Head Office at Chetak Chamber, R. N. T. Mark, Indore and applicant /accused No. 3 is the Secretary of that company. It is alleged that in the year 1988-89 applicants/ accused approach the complainant company for obtaining lease of Tata dumpers and light commercial veh...
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