Madhya Pradesh Court May 2007 Judgments
R.R. Companies Vs. Indore Development Authority
Court: Madhya Pradesh
Decided on: May-18-2007
Reported in: 2007(4)MPHT284; 2007(4)MPLJ607
ORDERS.K. Kulshrestha, J.1. By this appeal under Section 2 of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the appellant assails the order dated 20-4-2007, passed by the learned Single Judge in Writ Petition No. 2212/2007 by which, against the non-acceptance of the highest tender for sale of the plot in question, the petition has been dismissed.2. Learned Counsel for the appellant submits that the Authority has acted whimsically and capriciously in declining to accept the highest bid, almost twice the amount of the minimum price fixed for the plot, and against the normal practice of the Indore Development Authority of accepting the highest bid if it is above the upset price. He has further submitted that non-acceptance of the bid in question is in violation of the provisions of Rule 18 of the M.P. Nagar Tatha Gram Nivesh Vikasit Bhoomiyo, Griho, Bhavano Tatha Anya Sanrachanao Ka Vyayan Niyam, 1975 (hereinafter referred to as 'the Rules of 1975'). Reliance has ...
Tag this Judgment!Dr. Arvind Bhatia Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-17-2007
Reported in: AIR2007MP196
ORDERA.K. Patnaik, C.J.1. In this writ petition under Article 226 of the Constitution, the petitioner has challenged the vires of Rules 10 (2), 10(3) and 20(9) of the Madhya Pradesh Medical and Dental Post Graduate Course Entrance Examination Rules, 2007 (for short 'the Rules').2. The facts briefly are that the petitioner, after passing MBBS Degree, was selected and appointed as an Insurance Medical Officer Class II in ESI Service under the Department of Labour, Government of Madhya Pradesh on 4-7-2000. After completing the period of probation of two years, he was confirmed as Insurance Medical Officer Class II on 15-4-2004.3. For admission to Post Graduate Medical Degree and Diploma Courses, the State Government has framed the rules under Section 10 of the Madhya Pradesh Chikitsa Shiksha Sanstha Niyantran Adhiniyam, 1973. Under the rules, a common entrance examination for admission to Post Graduate Medical Degree/Diploma courses is to be held for both in-service candidates and open ca...
Tag this Judgment!Sunil Kumar Pandey and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-17-2007
Reported in: 2007(3)MPHT188
U.C. Maheshwari, J.1. The appellants have preferred this appeal being aggrieved by the judgment dated 13-6-2000 passed by the Vth Addl. Sessions Judge, Bhopal in Sessions Trial No. 339/98, whereby each of them have been convicted under Sections 325 and 325/34 of the IPC with the punishment suffered by them in judicial custody with fine of Rs. 4,000/-. In default of it, further S.I. one month was awarded.2. The facts giving rise to this appeal in short are that on dated 25-9-98 at about 6 O'clock in the morning, wife of appellant Narbadeshwar was digging the soil at the back side of the hut. The same was objected by the wife of complainant Rajeswar Prasad Tripathi. In response to it, appellant Nos. 1 and 2, namely, Sunil Kumar Pandey and Narmadeshwar Prasad came there with rod and threatened the complainant's family to kill them. Under such fear, Santosh the son of the complainant was going to lodge a report by scooter. He was restrained and apprehended by appellant No. 1 Sunil Pandey a...
Tag this Judgment!Mohan Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: May-17-2007
Reported in: 2007(3)MPHT199
ORDERSushma Shrivastava, J.1. Applicant has preferred this revision against the appellate judgment dated 3-4-1996 passed by Sessions Judge, Hoshangabad in Criminal Appeal No. 118/1989 affirming his conviction under Section 7(i)/16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as 'Act') and order of sentence of rigorous imprisonment for one year and fine of Rs. 1,000/-, in default further rigorous imprisonment for three months passed against him by Chief Judicial Magistrate Hoshangabad in Criminal Case No. 504/84 vide judgment dated 26-9-1989.2. It is alleged that on 30-5-1984 at about 9.30 AM. Food Inspector R.P. Singh upon inspection of the shop, known as Hotel Baba Ramji Das Mishthan Bhandar near bus stand Hoshangabad, belonging to the applicant found that applicant had stored some green coloured 'Mava Barfee' for sale at his shop, which appeared to be sub-standard. The Food Inspector then purchased 600 grams of green coloured 'Mava Barfee' from th...
Tag this Judgment!Motiram Ramchandra Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-17-2007
Reported in: 2008CriLJ259
S.L. Kochar, J.1. The appellant has challenged his conviction under Sections 302 and 325 of the Indian Penal Code and sentence of imprisonment for life with fine of Rs. 500/-, in default of payment of fine to suffer additional S.I. for one month and to suffer R.I. for two years with fine of Rs. 500/-, and in default of payment of fine to suffer additional S.I. for one month respectively as passed by the learned First Additional Sessions Judge, Mandleshwar by his judgment dated 3-12-1997 in Sessions Trial No. 285/ 98.2. Briefly stated, the facts of the prosecution case as unfolded before the trial Court are that on 21-7-96 at 5.00 p.m. in the evening the complainant P.W. 1 Kalu and his father Tulsiram (the deceased) had gone to their field for spraying of pesticides and ploughing the field. At that moment, the appellant and acquitted accused persons were grazing their cattle nearby the field of Tulsiram. The accused persons drove their cattle in standing cotton crop of the deceased. On ...
Tag this Judgment!Sajansingh and anr. Vs. Manoharsingh and ors.
Court: Madhya Pradesh
Decided on: May-17-2007
Reported in: 2008ACJ947
N.K. Mody, J.1. Appellant by Mr. Kamal Tiwari, Advocate. Respondent No. 3 by Mr. Pradeep Gupta, Advocate. Heard on I.A. No. 3953 of 2007, which is an application for condonation of delay. Sufficient ground is made out in the application for condonation of delay. Application is allowed. Delay stands condoned. With the consent of the parties matter heard finally.2. This is an appeal filed by claimant under Section 173 of the Motor Vehicles Act against an award dated 9.1.2007, passed by learned First Additional M.A.C.T., Shajapur in Claim Case No. 56 of 2006. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 72,000 with interest to the claimants for the death of one Shivpalsingh, who died in vehicular accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimants have filed this appeal. So the question that arises for consideration is whethe...
Tag this Judgment!Dr. Shailendra Kumar Patne Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-16-2007
Reported in: AIR2007MP162; 2007(3)MPHT16; 2007(2)MPLJ447
A.K. Patnaik, C.J.1. The petitioner is working as a Demonstrator in Pharmacology in Gandhi Medical College, Bhopal and he has completed more than 12 years of service. He appeared in the Post Graduate Entrance Examination, 2007 as an in-service candidate and was ranked at Sr. No. 4 in the merit list of Scheduled Caste candidates. On the basis of his position in the merit list, he was called for counselling but was not allotted a seat of M.D. Pharmacology because a seat of M.D. Pharmacology was not available to be allotted to the petitioner. He was not allowed to opt for a seat in any subject other than Pharmacology because of the provision in Rule 9.2(a) of the Madhya Pradesh Medical and Dental Post Graduate Course Entrance Examination Rules, 2007 (for short 'the Rules') that a Demonstrator working on a regular basis in Medical College of Government of Madhya Pradesh who has completed five years of regular service will be eligible to opt a seat in his own subject only in which he is wor...
Tag this Judgment!Saroj Basotia Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-16-2007
Reported in: 2007(4)MPHT286; 2007(3)MPLJ363
Arun Mishra, J.1. The appellant being aggrieved by dismissal of the suit filed for claiming compensation of Rs. 5,00,500/- on account of loss of left eye due to the injuries sustained while watching a drama when one of the artists threw a glass of brass, that hit the left eye causing bleeding injury. District Court, Bhopal has dismissed the suit as per judgment and decree dated 20th December, 1999 passed in Civil Suit No. 25-B/99.2. The plaintiff Saroj Basotia along with others went to watch drama 'Skandgupt' of 7.00 p.m. show at Bharat Bhawan. While she was watching the drama one of the actors threw a glass of brass rashly and negligently, that hit the eye of the plaintiff causing bleeding injury. Immediately the information was given to Javed Jaidi, Manager of Bharat Bhawan, who was present at that time. The plaintiff was initially treated by Dr. P.S. Bindra. She was referred for further treatment to Dr. Raizada. Dr. Raizada examined her eye at 9:30 a.m. and came to the conclusion th...
Tag this Judgment!Badam Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-16-2007
Reported in: 2007(4)MPHT99
ORDERA.K. Shrivastava, J.1. On behalf of all the appellants first application (I.A. No. 11942/2005) for suspension of sentence and grant of bail was filed. During the pendency of abovesaid application, another application (I.A. No. 1786/2006) for grant of temporary bail was filed on behalf of all the appellants. The prayer of interim bail was allowed only to appellant Nos. 1 and 3, namely, Badam Singh and Brijlal by Section A. Naqvi, J., on 30-1 -2006 and on the same date, as prayed by learned Counsel, prayer to allow interim bail to appellant No. 2 Sunderlal was rejected as withdrawn by the same Bench.2. On 10-3-2006 first application for suspension of sentence (I.A. No. 11942/2005) was listed for hearing before the Bench comprising of A.P. Shrivastava, J. and the learned Judge directed the matter to be listed before appropriate Bench.3. On 21-7-2006 again I.A. No. 11942/2005 was listed before A.P. Shrivastava, J., and it was directed to be listed before appropriate Bench because on 3...
Tag this Judgment!Shama Bi and ors. Vs. Anil Singh Yadav and ors.
Court: Madhya Pradesh
Decided on: May-16-2007
Reported in: 2008ACJ2806
Arun Mishra, J.1. This appeal is at the behest of the claimants for enhancement of compensation on account of death of Sheikh Nawab aged 40 years in an accident dated 22.9.2005. When he was coming back from his sister's house in a jeep No. MH 20-E 5777, he was dashed by a truck No. HR 55-C 8052, driven by Anil Singh Yadav in a rash and negligent manner. M.A.C.T., Burhanpur, awarded total compensation of Rs. 4,59,500 along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation in Claim Case No. 8 of 2006 as per award dated 20.5.2006.2. It was submitted by the claimants widow, two minor daughters, two minor sons and mother of the deceased, that the deceased was a transporter, used to run two trucks, apart from that he was having agricultural land also. Deceased was an income tax payee, he owned two trucks and five acres of irrigated land. He had also started dhaba on Burhanpur-Indore Road, he was earning a sum of Rs. 2,00,000 per ...
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