Madhya Pradesh Court February 2007 Judgments
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Sunita and ors. Vs. Kulvir Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-15-2007
Reported in: 2008ACJ1449
Abhay Gohil, J.1. The appellants who are the claimants have filed this appeal for enhancement of compensation under Section 173 of the Motor Vehicles Act, against the award dated 7.7.2000 passed by Fourth Motor Accidents Claims Tribunal, Morena in Claim Case No. 84 of 1998.2. Brief facts of the case are that on 3.3.1998 at about 9 p.m. deceased Pretipal Singh was working as driver on truck No. MP 06-E 1086. The said truck was standing on A.B. Road opposite Rajgarh Farm. When Pretipal Singh was tying the rope behind the truck, another offending truck No. PB 08-F 1251, which was being driven rashly and negligently, came and dashed the truck No. MP 06-E 500 and as a result of this dash, this truck entered into another truck No. MP 06-E 1086 and caused accident. The deceased came between the two trucks and died on spot. The driver of the truck which caused accident was caught on spot. The report of the accident was lodged at P.S., Kshipra where crime was registered. The claimants who are t...
Girvarsingh Rawat Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-14-2007
Reported in: 2007(2)MPHT278
ORDERJ.K. Maheshwari, J.1. Petitioner has filed this petition challenging the order Annexure A-3 (a), dated 17-5-84, terminating his service by issuing one month's notice. The appeal/representation submitted against such order has also been rejected vide order Annexure A-1 (a), dated 17-8-98 and communicated on 28-8-98, vide Annexure A-2. However, this petition was filed before the M.P. State Administrative Tribunal; on its abolition the case is relegated to this Court for final adjudication and renumbered as W.P. No. 6189/03.2. It is the case of petitioner that he was appointed as Revenue Inspector on probation through direct recruitment vide order dated 22-6-82 Annexure A-5. The appointment was in the regular scale of pay Rs. 195-5-240-6-252-EB-6-270-10-330/-. As per the terms of appointment, petitioner was required to undergo training and to qualify the departmental examinations. He is required to submit a bond of surety amount Rs. 2,000/-, to serve the Department upto three years, ...
Amol Singh and ors. Vs. M.P. State
Court: Madhya Pradesh
Decided on: Feb-14-2007
Reported in: 2007(2)MPHT284; 2007MPLJ542(SC)
ORDERBrij Mohan Gupta, J.1. Heard finally at admission stage with the consent of both the parties.2. Impugning the order dated 9-1-07 passed by 1st Additional Sessions Judge, Datia in S.T. No. 13/02, this petition has been filed on behalf of the petitioners, who are the accused in the case. Vide impugned order, an application filed under Section 311, Cr.PC by the petitioners for recalling of the witnesses already examined, was dismissed.3. It is submitted by Shri Saxena that during the course of trial witnesses Raju (P.W. 2) and Jagdish @ Jogesh (P.W. 6) have stated against the petitioners. Thereafter, they executed their affidavits dated 2-11-06 in which they have deposed contrary to their previous statements recorded during trial. It is also mentioned in the affidavits that on account of the pressure of the police, they did not state the correct version during trial. On account of these two affidavits, one application was moved on behalf of the petitioners before the learned Judge fo...
Nandkishore Vs. Suresh Kumar Vijayvargiya and ors.
Court: Madhya Pradesh
Decided on: Feb-14-2007
Reported in: 2007(2)MPHT353; 2007(2)MPLJ150
ORDERW.A. Shah, J.1. This is an appeal by the claimant/appellant. This appeal under Section 173 of the Motor Vehicles Act ('Act' hereafter) arises out of Award dated 29-07-2005 passed by learned First Motor Accident Claims Tribunal, Shajapur in Claim Case No. 11/05 whereby the claimant/appellant has in all been awarded Rs. 1,92,688.00 along with 6% yearly interest and costs as compensation consequent to 60% permanent disablement as a result of vehicular road accident. The claimant/appellant has submitted that the amount as awarded by the learned Tribunal is on a lower side, hence this appeal for its enhancement.2. The claimant/appellant got injured in a road transport accident and he submitted a claim petition before the learned Motor Accident Claims Tribunal under Section 163A of the Act. He therein alleged that he was rendered permanently disabled as a result of accidental injuries under reference. The injuries referred was a fracture in his right leg and another fracture in his righ...
Yogendra Kumar Gupta Vs. Ram Prakash Agrawal
Court: Madhya Pradesh
Decided on: Feb-14-2007
Reported in: I(2008)BC57; 2007CriLJ2500; 2007(2)MPLJ510
ORDERB.M. Gupta, J.1. Feeling aggrieved with an order Dt. 24-11 -2006 passed by Special Judicial Magistrate, Gwalior in Criminal Case No. 978/05, this petition under Section 482 of Cr. P.C. has been filed for setting aside this order. Vide the impugned order, the learned Magistrate has dismissed an application under Section 245(2) of Cr. P.C. filed on behalf of the accused, who is the petitioner in this petition.2. The facts in brief, are that, respondent filed one complaint against the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as the Act) on the allegation that Cheque No. 061028 issued by the petitioner, was dishonoured by the bank and returned without encashment with a memorandum Dt. 9th July, 2005. Thereafter, despite issuance of notice when the amount was not paid by the petitioner, complaint was filed.3. During trial, the aforementioned application was filed for discharging the petitioner on the ground that the m...
Secretary General, Family Planning Association and ors. Vs. Sunil Kuma ...
Court: Madhya Pradesh
Decided on: Feb-14-2007
Reported in: [2007(113)FLR119]; (2007)2LLJ1020MP
ORDER1. Heard.2. LA. No. 9081/2006 and LA. No. 12385/2006 are two interlocutory applications filed in Writ Appeal No. 732/2006.3. On 7-10-2006 the Court while admitting the writ appeal and issuing notice of the writ appeal as well as application for stay (LA. No. 9081/2006) to the respondents, directed that there shall be an interim stay of the order dated 1-12-2004 of the Presiding Officer, Labour Court No. 2, Bhopal and the order dated 5-5-2005 of the learned Single Judge in W.P. No. 1465/2005 and other connected cases.4. Thereafter LA. No. 12385/2006 has been filed by the respondent No. 1 for direction on the appellants to comply with the provisions of Section 17B of the Industrial Disputes Act, 1947 (for short 'Act') and reinstate the respondent No. 1 with back wages as ordered by the learned Single Judge in the impugned order dated 5-5-2005.5. Mr. Shobhit Aditya, earned Counsel appearing for the appellants submitted that the Labour Court has wrongly decided in the award that the a...
Chief General Manager, Northern Coalfields Ltd. and ors. Vs. Krishna G ...
Court: Madhya Pradesh
Decided on: Feb-14-2007
Reported in: 2009ACJ291
Arun Mishra, J.1. This appeal has been filed by Northern Coalfields Ltd. (NCL) aggrieved by award dated 25.9.2006 passed in Claim Case No. 47 of 2006 by the Addl. Motor Accidents Claims Tribunal, Waidhan, District Sidhi.2. Claim petition was filed by the legal representatives of the deceased, Yeshwant Singh, claiming compensation on account of his death in an accident dated 18.11.2004 when dumper owned by NCL driven by Bhagwan Das Sahu dashed the jeep No. UP 66-B 4495. Yeshwant Singh, driver of the jeep, sustained injuries and died in the accident. Deceased was having licence to drive a jeep. Compensation of Rs. 5,00,000 was claimed by the claimants. Age of the deceased was 19 years. He used to receive a sum of Rs. 6,600 per month.3. NCL, its Regional Security Officer and Dy. Chief Engineer in their written statement contended that the accident was the outcome of negligence of Yeshwant Singh, driver of the jeep who dashed the dumper, due to which he sustained injuries and died. Dumper ...
Mahalaxmi Traders and anr. Vs. Sudarshan Industries
Court: Madhya Pradesh
Decided on: Feb-13-2007
Reported in: 2007(2)MPLJ174
ORDERW.A. Shah, J.1. This Civil Miscellaneous Appeal at the instance of the defendants haven MJN taken up being aggrieved by order dated 18-9-2006 passed by learned Second Additional District Judge, Ujjain rejecting thereby application filed under Order IX Rule 13 of the Code of Civil Procedure ('Code' hereafter) arising out of Civil Suit No. 11-B/04.2. It is not disputed that the plaintiff/respondent filed Civil Suit No. 11-B/04 against the defendants/appellants in the Court of Second Additional District Judge, Ujjain for realization of Rs. 3,50,000,00 on 5-9-2003. The suit was resisted by the defendants/appellants. After framing of issues as the Trial of the said suit proceeded and recording of the evidence of respondent was over the suit stood fixed up for 29-8-2006 for the evidence of appellants. That day a witness of appellants, named Shyamlal could not remain present allegedly due to death of his Aunt, therefore, application was moved for adjournment and also affidavits of two ot...
Smt. Mithla Bai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-13-2007
Reported in: 2007(3)MPHT84
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 9-10-2004 passed by learned 4th Additional Sessions Judge, Katni (Fast Track Court) in Sessions Trial No. 92/2004, convicting the appellant under Section 302, IPC and sentencing her to suffer imprisonment of life and to pay a fine of Rs. 1,000/-, in default of payment of fine, rigorous imprisonment of six months, the accused-appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.2. In brief the case of prosecution is that at about 8-9 a.m. on 11-4-2004 Laxmibai (hereinafter referred to as 'the deceased') was in her room at that juncture accused-appellant, who is her sister-in-law (Devrani) came there and poured kerosene on her and lit the fire. It is said that the incident occurred because a day earlier, in the night some altercation took place between the deceased and the appellant on the issue of electric cable. The deceased was transmitted to t...
Brundavan Sharma Vs. Charanjit Nagpal and ors.
Court: Madhya Pradesh
Decided on: Feb-13-2007
Reported in: 2008ACJ673
Abhay Gohil and Rajendra Menon, JJ.1. This is claimant's appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of the compensation awarded by the First Motor Accidents Claims Tribunal, Morena in Claim Case No. 173 of 1997.2. Brief facts of the case are that on 11.7.1997 at about 8.30 in the morning at village Banmore on A.B. Road appellant was waiting for a bus to go to Gwalior. At the same time offending tractor No. STA-F 20383 which was being driven rashly and negligently came and dashed the appellant. As a result of this accident, the appellant sustained fracture in backbone and severe injuries on other parts of the body. In this case, there is no dispute about the accident or about the findings recorded by Motor Accidents Claims Tribunal. There is also no dispute about the accident caused by the offending vehicle which was a tractor. The Tribunal has awarded total compensation of Rs. 97,000 for the injuries sustained by the appellant in the accident.3. We have h...
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