Madhya Pradesh Court March 2007 Judgments
Mishrilal and ors. Vs. Rati Ram and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2007
Reported in: 2007(3)MPHT159; 2007(2)MPLJ386
ORDERS.K. Gangele, J.1. The appellants defendants have filed this appeal against the judgment and decree passed in Civil Appeal No. 173-A/94 reversing the judgment and decree passed in Civil Suit No. 24-A of 1987, dated 21-3-1989.2. The appeal was admitted for hearing vide order dated 18-8-2001 on the following substantial question of law:Whether Lower Appellate Court was justified in reversing the decree holding therein that plaintiff has perfected his title by adverse possession in the absence of pleading of adverse possession by plaintiff?3. The plaintiffs filed a suit for declaration and permanent injunction and pleaded that he is the owner of land Survey No. 719 having an area 1.014 situated at Village Sonera Tehsil Ashok Nagar, hereinafter called the suit land. The land was lying Paddat (without agriculture). At the time of Zamindari period in Samvat 2007 his father took the possession of the land and started cultivation and since then his father and after the death of his father...
Tag this Judgment!Kishan Gopal Vassal and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-30-2007
Reported in: 2007(4)MPHT388; 2007(3)MPLJ138
ORDERS.L. Jain, J. 1. Invoking extra-ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') the petitioners have filed this petition for quashing the proceedings in Criminal Case No. 867/99, pending against them in the Court of CJM, Raisen under Section 18(a)(i) read with Section 27(d) of Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act').2. The facts which led to filing of this petition , shortly narrated, are that on 30-3-1996 Drug Inspector of District Raisen purchased 200 Betnasol tablets from M/s. Raj Medical Stores, Obedullaganj, for analysis. After following the required procedure he sent one part of the drug sample to Govt. Analyst, Bhopal along with form No. 18 who found the aforesaid Betnasol tablets to be of substandard quality. On enquiry, it was informed by the proprietor of M/s. Raj Medical Stores that the aforementioned Betnasol tablets were purchased by them from M/s. Prakash Medi...
Tag this Judgment!National Commodity and Derivatives Exchange Ltd. Vs. Sajal Tiwari and ...
Court: Madhya Pradesh
Decided on: Mar-30-2007
Reported in: IV(2007)BC339
ORDERS.C. Vyas, J.1. In both these petitions filed under Section 482 of Cr.P.C. prosecution of the petitioners before Judicial Magistrate, First Class, Indore in private Complaint Case No. 12733/2006 is under challenge and a prayer has been made to quash the proceedings of the above stated criminal case, so far as it relates to present petitioners.2. The short facts of the case are that respondent No. 1 in both these petitions namely Sajal Tiwari filed a complaint before Judicial Magistrate, First Class, Indore on 4.3.2006 for prosecution of petitioners as well as other accused persons arrayed therein under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act for brevity). It has been stated in the complaint that one Gaurav Bandi (accused Nos. 3 and 8 of the complaint) is in business of shares and commodities with different companies and is having his office at Indore, from where he used to manage the affairs of companies namely Premium Global Commodit...
Tag this Judgment!Rajendra Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007(3)MPHT70
ORDERA.K. Patnaik, C.J.1. The petitioner is a Member of Primary Krishi Sakh Sahakari Samiti Maryadit, Atarikhejda, District Vidisha, which is a primary co-operative society registered under the M.P. Cooperative Societies Act, 1960 (for short 'the Act'). He has filed this writ petition challenging the elections for the Cooperative Society held in February, 2007. Though he has taken several grounds in the writ petition, the main grounds taken are that the election programme declared by the Registrar, Cooperative Societies and the concerned Election Officer is contrary to Rule 41 of the M.P. Co-operative Societies Rules, 1962 (for short 'the Rules') and the voter-list was not prepared as per provisions of Rule 23 of the said Rules.2. In a Division Bench judgment of this Court in Radhey Shyam Sharma v. Chairman, Sewa/Vriha Sahakari Samiti, Lashkar, Gwalior and Ors. 1989 MPLJ 208, the provisions of Section 64 of the Act and in particular Sub-section (2)(v) thereof were noticed and it was he...
Tag this Judgment!Vijay Prakash Tiwari Vs. Smt. Satya Bhama Devi and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007(3)MPHT65
ORDERArun Mishra, J.1. This appeal has been preferred by the owner Vijay Prakash Tiwari assailing the award exonerating the insurer from the liability to make payment of compensation of Rs. 1,74,000/-, awarded on account of death of Prem Narayan, aged 24 years, in an accident dated 18-2-98. Cross-objection has been preferred by the claimants; the widow, son and parents of the deceased, for enhancement of compensation.2. As per the claimants, deceased was going to Adarsh Science College on 18-2-98, at 2.30 PM, in order to appear in the examination. Awadhraj Tiwari drove jeep bearing registration No. MP-17-A/4297, rashly and negligently and dashed the cycle of the deceased from behind. Prem Narayan sustained injuries. He was taken to Gandhi Memorial Hospital, where he succumbed to the injuries. Autopsy was performed, Apart from being a student of M.Sc. (Final Year), he was imparting tuitions privately and used to earn Rs. 2,000/per month. Compensation of Rs. 14 lacs was claimed. Jeep was...
Tag this Judgment!Brijlal Khilwani Vs. Sohan and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007ACJ1666
Arun Mishra, J. 1. This appeal has been preferred by appellant registered owner challenging the saddling of liability to pay the compensation though the vehicle stood transferred to Sohan alias Sanu Narwaria, respondent No. 1. Tribunal has awarded compensation of Rs. 1,11,500 along with interest at the rate of 12 per cent per annum from the date of filing of application till realisation.2. Facts, shorn of unnecessary details, indicate that Sitaram (since deceased) was going to the market from the bus stand in order to supply milk. Saleem Shah drove truck No. MP 11-A 0829 rashly and negligently and dashed Sitaram, who sustained injuries and died. It was claimed that he used to earn about Rs. 150 per day, besides having agricultural income. His monthly income was Rs. 7,000. Compensation of Rs. 12,60,000 was claimed. Driver Saleem Shah was proceeded ex parte. Brijlal Khilwani, registered owner of the truck, took the stand that real owner of the vehicle was Sohan alias Sanu Narwaria. The t...
Tag this Judgment!Premabai and ors. Vs. Kilolsingh and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007ACJ1464
S.K. Gangele, J.1. The appeal has been filed by the claimants against the award dated 11.5.2000, passed by the Motor Accidents Claims Tribunal in Claim Case No. 41 of 1999.2. Husband of the appellant No. 1 and father of appellant Nos. 3 and 4 was going on LML Vespa on 5.5.1999 in the evening, at that time one bus bearing No. MPH 8492 driven rashly and negligently dashed against the scooter. He received serious injuries and died in the accident. The bus was insured with respondent No. 3 and it was driven by respondent No. 1.3. The appellants filed claim petition before the Claims Tribunal claiming total compensation of Rs. 10,70,000. Claims Tribunal after appreciation of evidence has held that the appellants are entitled to total compensation of Rs. 2,57,672. The Tribunal further held that the accident occurred due to rash and negligent driving of the driver of the offending vehicle, hence all the respondents are held responsible for payment of compensation jointly.4. Learned Counsel fo...
Tag this Judgment!Nathuji Dhakad and anr. Vs. Sohanlal Agrawal
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007(3)MPHT283
ORDERN.K. Mody, J.1. Being aggrieved by the judgment and decree dated 21-2-2005, passed by District Judge, Ratlam, in Civil Appeal No. 9-B/04, whereby appeal filed by the petitioner against judgment and decree dated 14-5-2004, passed by IInd Civil Judge Class-II, Ratlam, in Civil Suit No. 39-B/2004, which was modified vide judgment and decree dated 28-7-2004, was dismissed, the present revision petition has been filed.2. Short facts of the case are that a suit was filed by the respondent against the petitioners, wherein it was alleged that petitioners purchased fertilizers and seeds from the respondent and agreed to pay a sum of Rs. 5,750/-on 18-5-1999. It was further alleged in the suit that the petitioners further purchased the goods of Rs. 2,520/-, but the amount was not paid, hence the suit was filed.3. The suit was contested by the petitioners on various grounds and it was prayed that the suit be dismissed.4. After framing of the issues and recording the evidence learned Trial Cou...
Tag this Judgment!Priyanka Pandey Vs. Secretary, Board of Secondary Education and anr.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: AIR2007MP235
Dipak Misra, J.1. The appellant undertook Class-X examination conducted by the Board of Secondary Education, Bhopal in the year 2005. In the subject of Sanskrit, she was awarded 28 marks out of 50. Being aggrieved by the said valuation, she applied for scrutiny of the answer paper. The Board on scrutiny found that there had been no error in tabulation or computation and accordingly rejected the prayer.2. Being dissatisfied and aggrieved by the aforesaid action of the Board, the petitioner preferred W.P. No. 13674/2005. The learned single Judge placing reliance on the decisions rendered in the cases of Maharashtra State Board of Secondary and Higher Secondary Education and Anr. v. Paritosh Bhupesh Kumar Sheth and Ors. : [1985]1SCR29 , and Neha Indurkhya v. M.P. Board of Secondary Education, Bhopal 2003 (3) MPLJ 368 expressed the opinion that no case has been made out for directing revaluation especially in the absence of any provision for the same.3. Questioning the correctness of the a...
Tag this Judgment!Paramjeetsingh Chawala Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007CriLJ3343
ORDERS.S. Dwivedi, J.1. The applicant has preferred this revision petition under Section 307 of the Cr. P.C. feeling aggrieved by the order dated 15-2-2007 passed by II ASJ, Mhow, in ST No. 45/2007, whereby ordered for framing of the charge under Section 306 of the IPC.2. Briefly stated facts of the case are that deceased Jagdish had borrowed a loan from the applicant/accused Paramjeetsingh and he was paying the loan in instalment. Jagdish had committed suicide by consuming poisonous substance on 29-3-2006 in Mhow in his house. The matter has been reported to the police Mhow on which basis the police had registered inquest and started inquiry, sent the dead body of the deceased Jagdish for postmortem examination and during inquiry the statement had been recorded. The deceased had also written a suicidal note which has been seized by the police wherein he stated that because of repeated demand of money by the accused Paramjeetsingh he had committed suicide. After the inquiry the police ...
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