Madhya Pradesh Court November 2007 Judgments
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Deepak Chaturvedi Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-23-2007
Reported in: 2008(2)MPHT256; 2008(1)MPLJ306
ORDERA.K. Patnaik, C.J.1. The question, which arises in the decision of this writ petition, is whether a medical college, which is financed and controlled by the Government, can charge higher fees for payment seats from students admitted to its MBBS course.2. The relevant facts briefly are that the petitioner appeared in the Pre-Medical Entrance Examination, 2003 and secured 991.39 marks out of 1200 marks and his name was placed in the merit list at serial number 280 in the category of general category students. On the basis of his position in the merit list, he was offered a free seat in MBBS course in R.D. Gardi Medical College, Ujjain (respondent No. 3), which is a private medical college, but the petitioner chose GMRC Medical College, Gwalior (respondent No. 4), which was Government College, and was granted admission in the respondent No. 4, College. The petitioner's grievance in this writ petition is that respondent No. 4, College, is claiming fees of Rs. 1,50,000/- from the petit...
Ku. Kavita Sharma Vs. Ashwni Kumar and ors.
Court: Madhya Pradesh
Decided on: Nov-22-2007
Reported in: 2008(1)MPHT280
ORDERArun Mishra, J.1. The appeal has been preferred by the claimant for enhancement of compensation calling in question adequacy of compensation awarded by Eighth Addl. MACT, Jabalpur, in Claim Case No. 503/2002 as per award dated 7-5-2004.2. The Claims Tribunal has awarded compensation of Rs. 41,000/- on account of injury sustained by the claimant Ku. Kavita aged 19 years. Her spleen had to be removed owing to the injury sustained in the accident, is not in dispute. The Claims Tribunal has awarded compensation of Rs. 12,500/- for medical expenditure Rs. 25,000/- for injury and pain and suffering, for special diet and expenditure on conveyance Rs. 3500/-. Total compensation of Rs. 41,000/- has been awarded along with the interest @ 9% per annum from the date of filing of the claim petition till realization. Dissatisfied with the quantum of compensation appeal has been preferred by the claimant for enhancement.3. It is submitted by the appellant that documents have not been considered,...
State of M.P. and ors. Vs. Mahendra Kumar Sharma
Court: Madhya Pradesh
Decided on: Nov-22-2007
Reported in: 2008(2)MPHT242; 2008(1)MPLJ320
A.K. Gohil, J.1. This Writ Appeal has been filed by the State under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalay (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 27-2-2007 passed by the learned Single Judge in W.P. No. 579/2004 (S).2. The only grievance of the appellant/State is that the learned Single Judge has committed illegality in giving a direction to grant of out of turn promotion to the respondent w.e.f. 27-5-2003. The learned Single Judge, instead, ought to have directed the Screening Committee to reconsider the case of the respondent for promotion.3. There is no dispute about the facts of the case that on 1-12-2002 the respondent took active part in the Anti-Dacoity Operation with a gang headed by Hanni @ Hanif Musalman as in-charge of the Police Station, Jigana District Datia and thereafter there was an encounter with the gang and the respondent took active part in the encounter with the gang leader Hanni @ Hanif Musalman in which he was killed. It...
Wahid Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-22-2007
Reported in: 2008(1)MPHT364
R.C. Mishra, J.1. This appeal arises from the judgment dated 24-12-19% passed by Sessions Judge, Khandwa in S.T. No. 176/1993, whereby the appellant has been convicted under Section 307 of the IPC and sentenced to undergo R.I. for 3 years. He is one amongst the persons, who were prosecuted and charged with the offences punishable under Sections 148, 332 and 307 read with Section 149 of the IPC, for rioting and attacking the police patrol party with deadly weapons. However, for the reasons recorded in the impugned judgment only, the learned Trial Judge acquitted the other eight accused of all and the appellant of the remaining charges.2. The prosecution story, in short, may be narrated as under:(i) On 8-12-1992, in the wake of communal tension as a sequel to demolition of Babri Mas/id at Ayodhya, curlew was clamped in the city of Khandwa to maintain law and order. Head Constable Bhagwan Choudhary (P.W. 6), Constable Virendra Pratap Singh (P.W. 4) and Constable Amar Singh (P.W. 3) (for s...
Smt. Kapsi Yadav and ors. Vs. Pradeep @ Bablu and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2007
Reported in: 2008(1)MPHT461
ORDERArun Mishra, J.1. The appeal has been filed by the claimants being aggrieved by impugned award exonerating the insurer awarding sum of Rs. 1,36,334/-saddling the liability upon the financier/State Bank of Indore, apart from driver and owner of the vehicle. The claimants have come in the appeal for enhancement of compensation whereas the State Bank of Indore has preferred cross-objection in respect of saddling the liability upon it as per award passed by the Tribunal.2. The claimants submitted that deceased Ramkaran was travelling in the tractor trolley, driven by respondent No. 1 Pradeep @ Bablu, owned by respondent No. 2 Santosh Kumar Tiwari, insured with respondent No. 4 the New India Assurance Co. Ltd. and financed by respondent No. 3 State Bank of Indore. The tractor was driven in rash and negligent manner due to that Ramkaran (aged about 35 years) fell down from the tractor trolley and sustained injuries and succumbed to them. Compensation of Rs. 7,00,000/- was claimed.3. The...
Smt. Mahmoodan Khan Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2007
Reported in: 2008(2)MPHT26
A.K. Patnaik, C.J.1. This is an appeal against the order dated 28-9-2007 passed by the learned Single Judge in Writ Petition No. 12876/2007 (S).2. The relevant facts briefly are that the appellant has been working as Investigator in the office of Block Education Officer, Rewa. The District Education Officer, Rewa suspended the appellant as well as other persons who were found absent from duty. The appellant was also re-instated in service by order dated 17-3-2006. Thereafter disciplinary proceeding was initiated against her and after enquiry the District Education Officer, Rewa passed an order dated 23-2-2007 holding that the charge against the appellant was found proved and she was not entitled for pay and allowances during the period of her suspension on the principle of 'no work no pay'. Aggrieved, the appellant filed Writ Petition No. 12876/2007 (S) and contended that the District Education Officer, Rewa could not have directed that the appellant will not be entitled to pay and all...
National Insurance Co. Ltd. Vs. Santosh and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2007
Reported in: 2009ACJ1625
Arun Mishra, J.1. The appeals have been preferred by the claimant as well as the insurer aggrieved by the award dated 23.9.2005 passed by M.A.C.T., Khandwa in Claim Case No. 8 of 2005.2. Claimant Santosh aged 20 years filed a claim petition on account of personal injuries sustained by him in an accident dated 11.6.2006. He was travelling in the tractor in the capacity of his being a labourer in the tractor used for carriage of sand for construction of well in the agricultural field of Shanta Bai, owner of tractor. Tractor was driven by Rajesh in a rash and negligent manner and it was insured with National Insurance Co. Ltd. The claimant suffered fracture of vertebrae due to which he suffered paralysis of both legs resulting into 100 per cent permanent disablement. He has lost control in urinary process and other natural calls owing to paralysis. He would not be able to walk in his lifetime and to render any kind of work. Compensation of Rs. 14,60,000 was claimed. It was claimed that he...
Jagannath Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-20-2007
Reported in: 2008(2)MPHT168
K.S. Chauhan, J.1. This criminal appeal has been preferred under Section 374(2) of Cr.P.C. being aggrieved by the judgment, finding and sentence dated 22-09-1993 passed by Special (Sessions) Judge (SC/ST), Narsinghpur, in Special Criminal Case No. 18/93 whereby the appellant has been convicted under Section 427 of I.P.C. and Section 3(1)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 and sentenced thereunder for 1 year and 4 years R.I. with fine of Rs. 200/-, in default, further R.I. for 2 months respectively with the direction to run sentences concurrently.2. The prosecution case, in brief, is that Ravi alias Ravishankar, a member of Scheduled Caste, resident of village Nayagoan, submitted a report to Harijan Cell, Narsinghpur, wherein it was mentioned that he had sown Jwar and Arhar crops in his field. The accused persons caused the cattle to enter upon his field and damaged his crops. When he prevented them, they used filthy language and ran towards...
Surendra Kaurav and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-20-2007
Reported in: 2008(1)MPHT317
ORDERRakesh Saksena, J.1. Applicants have filed this revision against the order dated 22-6-2007 passed by the Special Judge (Atrocities), Narsinghpur, in Special Case N. 41/2007, framing charge against them under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, beside other charges.2. Learned Counsel for the applicants does not challenge framing of other charges under the provisions of the Indian Penal Code.3. Learned Counsel for the applicants submits that, on the basis of allegations made in the First Information Report and statements of prosecution witnesses recorded under Section 161 of the Code of Criminal Procedure, no offence under Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act is made out. The incident of 'Marpeet' and abusing had not occurred because of the complainant being a member of the Scheduled Caste, as such Trial Court committed error in framing charge under the provisions of the Atrocities Act.4. In shor...
United India Insurance Co. Ltd. Vs. Daulat Singh and anr.
Court: Madhya Pradesh
Decided on: Nov-20-2007
Reported in: [2008(116)FLR1177]
N.K. Mody, J.1. Appellant by Mr. V.P. Khare, Advocate.Respondent No. 1 by Mr. J.M. Poonegar, Advocate.Being aggrieved by the order dated 22.12.2006 passed by Commissioner for Workmen's Compensation, Labour Court, Indore in case No. 24/03 wcnf, whereby the application filed by the respondent No. 1 for compensation was allowed and a sum of Rs. 85,896/- was awarded on account of injuries sustained by the respondent No. 1, the present appeal has been filed.2. Appeal is admitted on the following substantial question of law:(1) Whether in the facts and circumstances of case the findings of the Commissioner for Workmen's Compensation that respondent No. 1 sustained injuries in the accident is perverse?3. Case is listed on the point of service report of respondent No. 2. Learned Counsel for the appellant submits that respondent No. 2 was ex-parte before the Court below. It is also submitted that the services of respondent No. 2 be dispensed with. Prayer is flowed. Services of respondent No. 2 ...
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