Madhya Pradesh Court April 2007 Judgments
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Smt. Shakuntala and ors. Vs. Kanna Dangi and ors.
Court: Madhya Pradesh
Decided on: Apr-11-2007
Reported in: 2007ACJ2486; AIR2007MP237
Abhay Gohil, J.1. This is claimants appeal for enhancement of compensation under Section 173 of the Motor Vehicles Act, 1988 against the award dated 26-7-2001 passed by Special Judge and Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 1/2000.2. Brief facts of the case are that deceased Pannalal, aged about 26 years, who was a healthy man, was working as a driver on Ambassador Car No. MP07-W-1067 owned by one Ravindra Kumar. On 26-2-1999 deceased Pannalal was coming to Gwalior from District Kakroli and he was driving the said car at his own side. The moment the car reached near Police Station Charbhuja, one Truck No. RJ27/G-1673, which was being driven by respondent No. 1 rashly and negligently, dashed the Ambassador Car. As a result of this accident Pannalal died on spot. The matter was reported to Police Station Charbhuja, crime was registered and after investigation charge-sheet was filed.3. Appellants those who are widow, three sons and one daughter of the decea...
M.P. State Co-operative Dairy Federation and ors. Vs. Madan Lal Choura ...
Court: Madhya Pradesh
Decided on: Apr-10-2007
Reported in: AIR2007MP214; [2007(4)JCR580(MP)]; 2007(2)MPLJ594
A.K. Patnaik, C.J.1. This is a reference made to this Bench by the Full Bench on the question whether Madhya Pradesh Co-operative Dairy Federation Limited (for short 'the Federation') is 'State' under Article 12 of the Constitution of India.2. The background facts leading to this reference briefly are that the employees of the Federation are governed by the Service Regulations of the Federation. Regulation 13 of the Service Regulations of the Federation provided for compulsory retirement of an employee of the Federation on attaining the age of 55 years or on completion of 25 years of service. The Registrar of Co-operative Societies in exercise of his powers under Section 55(1) of Madhya Pradesh Co-operative Societies Act, 1960 (for short 'the Act') amended Regulation 13 w.e.f. 24-12-2001 providing for compulsory retirement of an employee of the Federation on attaining the age of 50 years or completion of 20 years of service. In accordance with the amended Regulation 13 of the Service R...
M.P. Police Housing Corporation and anr. Vs. Anil Pradhan and anr.
Court: Madhya Pradesh
Decided on: Apr-10-2007
Reported in: 2007(2)MPHT327; 2007(2)MPLJ546
ORDERDipak Misra, J.1. Invoking the jurisdiction of intra Court appeal envisaged under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalay (Khand Nyayapeeth to Appeal) Adhiniyam, 2005 (for brevity 'the Act') the appellants, M.P. Police Housing Corporation and its functionaries have called in question the defensibility of the order dated 19-1-2006 passed by the learned Single Judge in W.P. No. 3341/2002.2. The facts which are necessitous to be adumbrated are that the respondent No. 1 invoked the jurisdiction under Article 226 of the Constitution of India by filing a writ petition seeking issue of a writ of certiorari for quashment of the Voluntarily Retirement Scheme, the order of retirement and further to issue a mandamus commanding the respondents to reinstated him on the post of Sub-Engineer. Additionally it was prayed to continue him in service with all consequential benefits and to pay him arrears and salary along with interest at the rate of 20% p.a. It was contended before the le...
Pawan Sharma and anr. Vs. Smt. Kamalabai and anr.
Court: Madhya Pradesh
Decided on: Apr-10-2007
Reported in: 2007CriLJ3539
ORDERB.M. Gupta, J.1. Heard finally at motion stage.Two legal questions are involved in this case-1. That whether in a private complaint filed for the offence exclusively triable by the Court of Session, a Magistrate can direct the police to investigate into the matter under Section 156(3) of Cr.P.C?2. That, whether in the present case, cognizance under Section 200 of Cr.P.C. has been taken by the learned Magistrate?3. In the present case, as per the facts mentioned in the petition as well as in the copy of the complaint, it appears that the incident happened on 16th March, 2007, one complaint has been filed by Smt. Kamla Bai, respondent No. 1, against the petitioners for the offences punishable under Sections 376, 354, 294 and 323 of IPC. It has been alleged in the complaint that the daughter of the complainant was beaten by the petitioners and thereafter they committed rape on her. Without recording any evidence under Sections 200 and 202 of Cr.P.C. the learned Magistrate vide impugn...
Pankaj Dixit and Hifz Ur Rehman Siddiqui Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-09-2007
Reported in: 2007(3)MPHT51
ORDERA.K. Patnaik, C.J. 1. The High Court of Madhya Pradesh issued an advertisement (Annexure P-1) inviting applications for 20 posts in the Madhya Pradesh Higher Judicial Service to be filled up by direct recruitment from the Bar. In the advertisement, it was stated that out of these 20 posts, 11 posts are for the candidates belonging to general category, three posts each are reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes candidates. In the advertisement, it was also stated that if sufficient number of suitable candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes are not available, such posts shall be treated as unreserved. Sub-clause (iv) of Clause 9 of the advertisement stipulates that only such candidates will be called for interview as the High Court may decide, on the basis of valuation of their performance in the written examination. Sub-clause (vi) of Clause 9 of the advertisement states that candidates shall be selected o...
Lalit Vs. Abdul Rashid and ors.
Court: Madhya Pradesh
Decided on: Apr-09-2007
Reported in: 2007ACJ2771; 2007(4)MPLJ17
S.K. Gangele, J.1. This is a claimant's appeal for enhancement of amount of compensation against the award passed by the Addl. Motor Accidents Claims Tribunal, Guna in Claim Case No. 53 of 1998.2. On 6.2.1998 the claimant along with his father was travelling in a truck bearing registration No. HR 29-C 1555 (hereinafter referred to as 'truck No. 1555'). He was going from Guna to Badarwas. Near Bila-Bawadi at A.B. Road another truck bearing registration No. MP 06-E 0325 (hereinafter referred to as 'the truck No. 0325') dashed with truck No. 1555 and in the aforesaid accident claimant and his father suffered serious injuries. There were injuries on both the legs of claimant and his teeth were also damaged. He was admitted two times at District Hospital, Guna, also sent for examination to Indore. The medical experts certified 40 per cent disability to claimant. He filed a claim application claiming compensation of Rs. 2,05,000.3. The truck No. 1555 was insured with Oriental Insurance Co. L...
Vinay Kumar Sharma (Deceased Through L.Rs.) and ors. Vs. Mahesh Kumar ...
Court: Madhya Pradesh
Decided on: Apr-09-2007
Reported in: 2008ACJ2421
Abhay Gohil, J.1. This is a claimant's appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 10.5.2000 passed by the Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 39 of 1993.2. Brief facts of the case are that on 21.6.1993 appellant was going towards his house on his scooter No. MP 07-6247. Vinay Kumar Sharma was sitting as pillion rider. The moment scooter reached near Loco side, one truck No. MPZ 1856 was coming from the opposite side, which was being driven by Mahesh Kumar Joshi, respondent No. 1 rashly and negligently, came on wrong side and dashed the scooter. As a result of this accident the appellant as well as Vinay Kumar Sharma sustained severe injuries. The matter was reported to Police Station, Padav, where crime was registered, the matter was investigated and charge-sheet was filed. Appellant injured also filed claim petition before the Claims Tribunal. During trial, Tribunal recorded positive find...
Tamarajdhwaj Dahayat and anr. Vs. Ramvaran Patel and ors.
Court: Madhya Pradesh
Decided on: Apr-09-2007
Reported in: 2008ACJ2782
K.S. Chauhan, J.1. These appeals have been preferred being aggrieved by the award dated 18.11.2005, passed by Motor Accidents Claims Tribunal, Jabalpur in M.V.C. Nos. 72 and 64 of 2004 whereby the death claim petitions filed by the parents of Yuddhavir Dahayat and Ajay Mishra under section 166 of the Motor Vehicles Act have been rejected.2. The facts giving rise to these appeals in short are that on 31.12.2003 at about 11.50 p.m. Ajay Mishra and his friend Yuddhavir Dahayat were going on Hero Puch No. MP 20-KF 5714 to attend the marriage. This vehicle was being driven by Ajay Mishra and Yuddhavir Dahayat was pillion rider. As soon as they reached in front of Agriculture College, Jabalpur the driver of truck bearing registration No. MPJ 6381, respondent No. 1, parked his truck at middle of the road and the parking and sidelights were not on. Ajay Mishra could not see the truck because of sharp brightening of lights of vehicles passing through opposite side and moped dashed with the back...
Alawa Neelmani Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-05-2007
Reported in: 2007(3)MPHT55; 2007(3)MPLJ143
ORDERAbhay M. Naik, J.1. Short facts leading to the petition are that the petitioner belongs to Scheduled Tribe. She passed M.B.B.S. Examination in April, 2004. After completion of internship and house job, she further appeared in the Pre. P.G. Examination in April, 2006 wherein she declared successful. She thus, became eligible for admission to post graduate course through counselling. A notice for counselling was published in a Daily Newspaper Dainik Bhaskar as contained in Annexure P-2. According to it, the counselling was to be held from 14th of May to 19th of May, 2006. Counselling for In-service and S.T. Category was to be held on 14th and 15th of May, 2006.2. The merit list of the candidates as contained in Annexure P-3 of the S.T. category was affixed on the notice board wherein the name of respondent No. 4 appeared at serial No. 2 whereas the name of the petitioner appeared at serial No. 18. The respondent No. 4 being at serial No. 2 in the list was allotted the seat of M.S. G...
Ku. Parwati Bai Thakur Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-05-2007
Reported in: 2007(3)MPHT63
ORDERShantanu Kemkar, J.1. Heard.2. By filing this petition under Article 226/227 of the Constitution of India the petitioner has challenged the order dated 20-9-2006 passed by the Additional Commissioner, Jabalpur Division in Case No. 298-B-121/2004-05.3. The third respondent had filed an election petition under Section 122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 ('Act' for short) before the second respondent Prescribed Authority under the Act, challenging the election of the petitioner on the post of President, Zila Panchayat, Jabalpur. In the said election petition the petitioner filed a preliminary objection in regard to the maintainability of the election petition on the ground of non-compliance of Rule 3(2) of M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (for short 'Rules'). The said objection was rejected by the second respondent vide order dated 13-1-2006 (Annexure P-4). Against the said order the pet...
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