Madhya Pradesh Court February 2006 Judgments
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Rameshchandra and ors. Vs. Rajendra Prasad and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2006
Reported in: 2006(2)MPHT35
N.K. Mody, J.1. Being aggrieved by the judgment and decree dated 16-12-2003 passed by XVII Additional District Judge, Indore, in Civil Regular Appeal No. 34/2002, whereby the judgment and decree dated 23-7-2001 passed by 14th Civil Judge Class-I, Indore in Civil Suit No. 458-A/2001 has been confirmed and the suit of the appellants has been dismissed, the present appeal has been filed.2. Short facts of the case are that appellants are the real brothers and son of respondent No. 2. Respondent Nos. 3, 4 and 5 are cousin brothers of respondent No. 2. Sale deed was executed by respondent Nos. 2 to 5 in favour of respondent No. 1 on 7-7-1972, for a sum of Rs. 10,000/- for the suit property, which is an agricultural land. Lateron suit property was acquired by Indore Development Authority and award was passed on 25-9-1984. Thereafter a suit for declaration and permanent injunction was filed by the appellants challenging validity of the sale deed dated 7-7-1972 on 12-6-1984, alleging the fact t...
Ram Niwas Shukla Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-06-2006
Reported in: 2007(1)ARBLR164(MP); 2006(2)MPHT336; 2006(4)MPLJ34
ORDER1. A short controversy involved in this revision is that whether a reference application filed before the Tribunal beyond the period of 18 months from the date of referring dispute to the Final Authority under the contract, but within one year of the decision of Final Authority is barred by limitation under Section 7-B of M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as The Act, 1983').2. The facts in short are that the applicant is a contractor. A contract was awarded to the applicant for the construction of 48 family quarters at Rewa. The aforesaid work could not be completed within the stipulated time. The applicant referred the dispute to the Chief Engineer who was Final Authority under the agreement dated 1-9-1982. The Chief Engineer did not take any decision for a period of near about 1 1/2 years to decide the dispute and on 4-5-1994 rejected it. The applicant preferred a reference petition before the Arbitration Tribunal on 24-5-1994, within a period o...
Rajveer Singh Sengar Vs. Jiwaji University
Court: Madhya Pradesh
Decided on: Feb-06-2006
Reported in: [2006(110)FLR350]
Rajendra Menon, J.1. Shri Rajeev Raghuvanshi, Adv. counsel for the petitioner. Shri Tapan Trivedi, Adv. counsel for university.2. Petitioner has filed this petition being aggrieved by action of the University in not considering his case for regularisation. Petitioner contends that he was appointed as a daily wages employee in the class IV category on April 10, 1990. Since then he is working continuously in the University, persons who are less qualified than him and junior to him have been regularized and promoted to class III, his case has not been considered. The petitioner was initially appointed for a period of 89 days against the post of Chowkidar. It is the case of the petitioner that ever (sic) since appointment he is still working in the class III category. He is discharging clerical nature of duties and his pay fixed on Rs. 2550/- per month. Ignoring his claim persons who are juniors to him like Banwarilal appointed in 1993 and Shri Durjan Singh have been regularized but his cl...
Smt. Kusum Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2006
Reported in: 2006(3)MPLJ187
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners in each of the writ petitions have called in question the validity of the circular dated 3-8-2005 on the foundation that the same is contrary to the M.P. Prisoners Release on Probation Act, 1954 (in short 'the Act') and sought for issue of a writ of certiorari for quashment of the same.2. For the sake of clarity and convenience, we shall advert to the factual scenario in W.P. No. 1618 of 2006. The petitioner, Kusum, was convicted under Section 302 of the Indian Penal Code (in short, 'the IPC') and sentenced to rigorous imprisonment for life in the Sessions Trial No. 176 of 1997 by the learned Additional Sessions Judge, Damoh. After completing five years of incarceration, she filed an application to be released on license under the aforesaid enactment and the rules framed thereunder. Her prayer for release on probation was rejected by the Probatio...
Raju @ Mohammad Ayaz @ Riyaz and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-06-2006
Reported in: 2006(3)MPLJ159
Rakesh Saksena, J.1. Appellants have filed this appeal against the judgment dated 26-2-92, passed by Vth Additional Sessions Judge, Bhopal, in Sessions Trial No. 309/91, convicting appellant No. 1 under Section 302, IPC and appellant No. 2 under Section 302/34, IPC and sentencing them to imprisonment for life, with fine Rs. 1000/- each, in default whereof to further imprisonment for 6 months.2. The facts of the case are that Idris (deceased) was running a tailoring shop near Aishbagh Stadium, Bhopal. On 14-5-1991, at about 11.30 a.m. appellant Raju alongwith his brother Aziz went to his shop and complained that the zip of his pant which he had repaired had again gone out of order and asked him to stitch a new zip. When Idris told him that he would get it done by evening, Raju lost his temper and after abusing him, asked him to replace it at once. Idris protested and asked him to refrain from indulging in abusive language whereupon Raju whipped out a Chhuri and inflicted a blow on him w...
Jaipaldas Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-03-2006
Reported in: 2006FAJ192; 2006(2)MPHT118; 2006(1)MPLJ500
ORDERS.C. Vyas, J.1. Heard finally at motion hearing stage with the consent of both the parties.2. This is a petition under Section 482 of the Cr.PC invoking extraordinary jurisdiction of this Court for giving a direction to Trial Court to call public analyst in the Court so that he can be cross-examined by the petitioner/accused, who is facing trial under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 before CJM, Indore.3. Short facts of the case are that on 14-8-2001 Food Inspector, took sample of mango pickle from the shop of present petitioner, after following the procedure prescribed in the Food Adulteration Act. One part of the sample was sent for analysis to the Public Analyst, Bhopal. Public Analyst in his report found that the sample is misbranded and on the basis of this report a private complaint was filed against the petitioner before learned CJM. At the stage of defence evidence present petitioner moved an application for callin...
Kesari Bai and ors. Vs. Dhanna and ors.
Court: Madhya Pradesh
Decided on: Feb-02-2006
Reported in: 2007ACJ1550
A.M. Sapre, J.1. The decision rendered in this appeal shall also govern disposal of other connected appeal being M.A. No. 154 of 2004 because both the appeals arise out of the same accident case and impugned common award.2. This is an appeal filed by claimants under Section 173 of Motor Vehicles Act against an award dated 3.9.2003, passed by learned Additional Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 2 of 1998. By impugned award, the Tribunal partly allowed the claim petition filed by the claimant by awarding a sum of Rs. 4,31,250 for the death of Pinju. However, the learned Tribunal exonerated the insurance company from the liability.3. As observed supra, it is a death case. Pinju, aged around 20 to 25 years while travelling in Matador (MP 04-K 2159) on 5.4.1998 died along with others, giving rise to the filing of the claim petition by his legal representatives out of which this appeal arises seeking compensation for his death. The case was not contested by th...
Smt. Dalibai Vs. Rajendrasingh
Court: Madhya Pradesh
Decided on: Feb-02-2006
Reported in: I(2007)DMC266; 2006(1)MPLJ495
ORDERS.C. Vyas, J.1. This application under Section 482 of the Code of Criminal Procedure has been preferred with a prayer to quash the order passed by Additional Sessions Judge, Sonkutch in Cr.R. No. 38/04 confirming the order passed by JMFC, Sonkutch in Cr.C. No. 17/02 on 13-2-2004 whereby application under Section 125 of the Cr.PC moved by the applicant was dismissed. Admittedly, marriage of applicant and non-applicant was solemnized on 15-5-1997 according to Hindu rituals and applicant started living with non- applicant in her matrimonial house. It is also not in dispute that at present applicant is residing with her father.2. The case of the applicant before learned JMFC was this that after some time from her marriage with the non-applicant, non-applicant and his family members started torturing her for demand of dowry. Parents of the applicant gave Rs. 5,000/- on two occasions to non-applicant but even then demand of dowry continued. Non-applicant started harassment and treated a...
Taramati Agrawal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-02-2006
Reported in: [2007(1)JCR145(MP)]
Abhay M. Naik, J.1. This petition relates to refusal of renewal of lease for major minerals for a period of 20 years prayed for by the petitioner, in respect of mining lease granted to her.2. Brief facts relevant to the petition are that the petitioner is engaged in the business of mines and minerals. She was granted a mining lease by the Government of Madhya Pradesh for extraction of dolomite and soap stone as major minerals over an area of 4.178 Hectares, situated in village Keolari, Tahsil Gotegaon. District Narsinghpur for a period of 5 years from 3-12-1984 to 2-12-1989. It is contended by the petitioner that during the continuation of the mining lease, she established her own industry for manufacturing of marble chips, dolomite powder, marble sheets, tile size minor and finished marble in the name of M/s. Tara Minerals. According to the petitioner, the minerals extracted from the subject mine were being used in her own aforesaid industry. The petitioner applied for renewal of mini...
Madhukanta Vyas Vs. Antram Batham and ors.
Court: Madhya Pradesh
Decided on: Feb-02-2006
Reported in: I(2007)ACC22
S.S. Jha, J.1. This appeal is filed by claimants for enhancement of compensation. Other findings recorded by the Tribunal pertaining to rash and negligent driving by the driver of MP-07 N 2468 and death of deceased Ramesh Chand Vyas are not under challenge. There is no dispute as to the right of appellant to get the compensation. This appeal is confined to quantum of compensation only.2. Now we proceed to decide the question of compensation in this case. Deceased Ramesh Chand Vyas died in a accident on 5th November, 1999. After his death claimant has filed an application for compensation before the Second Motor Accident Claims Tribunal, Gwalior. Deceased was Ranger in the department of Forest and at the relevant time was holding the post of Forest Extension Officer, drawing salary of Rs. 9,138/- per month and yearly salary of the deceased was Rs. 1,09,656. Counsel for appellant submitted that according to claimant the age of deceased Ramesh Chand Vyas was 54 years at the time of accide...
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