Madhya Pradesh Court May 2007 Judgments
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Manohar Dairy and Restaurant Vs. Employees State Insurance Corporation ...
Court: Madhya Pradesh
Decided on: May-03-2007
Reported in: (2007)IIILLJ948MP; 2007(3)MPHT174; 2007(3)MPLJ355
ORDERA.K. Shrivastava, J. 1. This appeal has been filed under Section 82 of Employees' State Insurance Act, 1948 (in short 'the Act') by appellant assailing the order dated 30-11-1999 passed by Employees' Insurance Court in Case No. 4/95 ESI Act.2. The appellant is registered under Indian Partnership Act, 1932 and carries on the business of a restaurant in the name and style of M/s Manohar Dairy and Restaurant. An application has been filed by appellant under Section 75 of the Act before the Insurance Court challenging the legality and validity of three notices dated 3-2-1995,10-2-1995 and 13-3-1995 issued by the Regional Director of the respondent Employees' State Insurance Corporation whereby the Regional Director has demanded a sum of Rs. 80,988 towards insurance contribution in respect to the employees working in the establishment of appellant.3. The contention of appellant before the Insurance Court as well as before this Court is that the appellant establishment is not covered un...
Basant Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-03-2007
Reported in: 2007CriLJ3477
Abhay Gohil, J.1. Appellants have filed this appeal under Section 374, Cr. P.C. against the judgment of conviction dated 7-1-1998 passed by the Additional Sessions Judge Sabalgarh District Morena in Sessions Trial No. 17/96, whereby convicted the appellants under Section 302/34, IPC and awarded the sentence of life imprisonment to each of them with fine of Rs. 1,000/- and in default of payment of fine, further imprisonment of two months each.2. As per prosecution story, the incident took place on 12-10-1995 at about 1.30 p.m. in the noon. Deceased Noori Khan and appellants are the resident of village Battokhar under P.S. Sabalgarh. Deceased Noori was running a shop in the village. On the date of incident Siyaram, Sikandar and Kammod Singh were sitting on the shop of Noori Khan. At the same time, one Mangilal Jatav came from the side of the house of the appellant Basant Singh and demanded the pocket of 'bidi' and match box, but Noori refused to give him saying that because he is in the ...
Vishal Export Overseas Ltd. Vs. Ind Agro Synergy Ltd. and ors.
Court: Madhya Pradesh
Decided on: May-03-2007
Reported in: 2007(3)ARBLR502(MP); 2007(3)MPLJ127
S.K. Kulshrestha, J.1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') has been filed against the order dated 30.09.1995 of the learned Additional District Judge, Indore in Arbitration Case No. 6/2002.2. It is not disputed between the parties that as per indent of the appellant, the respondent No. 1 supplied De-Oiled Cake (DOC) in 30,000 bags. It is also not disputed now that the quantity of goods supplied was sold by the appellant. According to the impugned order, the appellant had placed indent for the supply of DOC produced from Indian Toasted Soyabean Extraction of yellow colour at the price of Rs. 8,750 per metric tonne. As against the quantity intended to be purchased, 95% payment was made to the respondent No. 1 on an understanding that the remaining 5% shall be paid later on. It is not disputed that as per the order, 30,000 bags of DOC were supplied to the appellant, but the appellant disputing the quality of the...
Smt. Sunita and ors. Vs. Murlidhar Mishra and ors.
Court: Madhya Pradesh
Decided on: May-02-2007
Reported in: 2007(3)MPHT29; 2007(2)MPLJ433
ORDERS.C. Sinho, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 24-7-97 passed by IIIrd Additional Motor Accident Claims Tribunal, Satna in Claim Case No. 112/97.2. Claimant's case, in brief, is that on 31-1-90 deceased Roshanlal and his wife were going to Maihar Market for selling two bags of vegetables in truck No. M.P.A. 8217 by making payment of Rs. 50/-. The aforesaid truck was driven by respondent No. 3 who is the real brother of Roshanlal. When truck reached near the Tamas River, Bus No. CPH 7587 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 5 dashed against the standing truck. Roshanlal was sitting in the standing truck sustained injuries and taken to the hospital where in the evening he died.3. The Tribunal framed as many as four issues and came to hold that the deceased was travelling in the truck as a gratuitous passenger hence, the liability cannot be fastened on the respondent N...
Hari Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-02-2007
Reported in: 2007(3)MPHT148
S.L. Kochar, J.1. Appellant has filed this appeal against his conviction under Section 302 of the IPC, sentenced to R.I. for life and fine of Rs. 1,000/-, in default of payment of fine additional RI for 2 years passed by the learned Additional Sessions Judge, Manawar, District Dhar in Sessions Trial No. 173/1990 vide judgment dated 7-1-1998.2. According to the prosecution case, police of Police Station Badwani received information from hospital about arrival and admission of deceased Harikant, which was recorded in daily diary No. 1306/15-3-1990 1306/15-3-1990 . Head Constable Ashok Mishra (P.W. 10) was authorised to investigate into the matter. Deceased Harikant was having grievous injury on his head and was unconscious. He was accompanied by eye witness Kishan (P.W. 2), who disclosed that deceased Harikant Mandloi was assaulted by the appellant on a dispute regarding share of wheat, by Kharaliya (wooden log used in bullock-cart to give support to luggage). On the basis of this, the o...
M.P. Urja Vikas Nigam Ltd. and ors. Vs. Rudra Prasad Mishra
Court: Madhya Pradesh
Decided on: May-02-2007
Reported in: (2008)ILLJ50MP
Dipak Misra, J.1. The defensibility and legal acceptability of the order dated December 11, 2006 passed by the learned single Judge in W.P. (S) No. 6088/2006 is called in question by the appellants invoking the jurisdiction under Section 2(1) of the Madhya Pradesh Uchcha Nayaiaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 200S (for brevity 'the Act').The facts Which are essential to be exposited for disposal of the present appeal are that the respondent had preferred M.P. No. 4589/1993 for issue of a mandamus to the respondents therein to treat him as a Field Assistant-cum-Clerk from the date of his joining the service and to extend him all consequential benefits. The said writ petition was allowed in part by the learned single Judge by order dated April 16, 2002, wherein it was directed that the respondents should treat him as regular helper after completion of period of two years from the date he first entered into the contract service. In addition to that a further direction was issued ...
Ram Sujan Tiwari Vs. Sita Gupta and ors.
Court: Madhya Pradesh
Decided on: May-02-2007
Reported in: 2009ACJ437
K.S. Chauhan, J.1. This appeal has been preferred being aggrieved by the award dated 17.3.2003, passed by the Additional Motor Accidents Claims Tribunal, Umariya in Claim Case No. 7 of 2001, whereby the claim petition filed by the respondent Nos. 1 to 6 under Section 166 of Motor Vehicles Act has been partly allowed directing the appellant and respondent No. 7 to pay the compensation of Rs. 1,99,000 with interest at the rate of 7 per cent to be awarded to the respondent Nos. 1 to 6 for the death of Shrawan Kumar Gupta caused in the motor accident.2. The facts of the case in short are that on 7.12.2000 Shrawan Kumar Gupta was travelling in jeep No. MP 18-T 0289 and going to Manpur. This jeep was being driven by respondent No. 7 rashly and negligently met with an accident near village Paljha resulting in the death of Shrawan Kumar Gupta. This vehicle was owned by appellant and insured with respondent No. 8. The report was lodged at the concerned police station wherein the offence was reg...
Ravindra Singh and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-01-2007
Reported in: 2007(3)MPHT172
ORDERShantanu Kemkar, J.1. The petitioners are elected Panchas of Gram Panchayat Ishanagar Tehsil and District Chhatarpur (for short 'Gram Panchayat'). Out of total 20 Panchas, 15 Panchas of the Gram Panchayat desiring to move a motion of no-confidence against the fourth respondent Sarpanch of Gram Panchayat gave a notice on 25-1-2007 under Rule 3 of the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avishwas Prastav) Niyam, 1994 (for short 'Avishwas Prastav Niyam, 1994') to the third respondent/Prescribed Authority.2. On receipt of the aforesaid notice dated 25-1-2007 (Annexure P-2) the Prescribed Authority called upon the Chief Executive Officer, Janpad Panchayat, Chhatarpur to produce list of elected Panchas of Gram Panchayat. On 27-1-2007 the fourth respondent along with 6 Panchas who were amongst the signatories of the notice (Annexure P-2) voluntarily appeared before the Pre...
Ram Bhagat Goutam Vs. Jethanand Harwani and ors.
Court: Madhya Pradesh
Decided on: May-01-2007
Reported in: 2007(3)MPHT193
ORDERArun Mishra, J.1. This appeal has been preferred by the claimant for claiming higher compensation owing to the injuries sustained by him in an accident dated 7-10-2000 and for saddling liability on the Oriental Insurance Co Ltd. 1st Addl. Motor Accident Claims Tribunal, Katni as per award dated 19-12-02 passed in Claim Case No. 588/2000 has awarded compensation of Rs. 35,000 on account of fracture of clavicle bone sustained by the claimant along with interest at the rate of 7% per annum from the date of filing claim petition till realization.2. Claimant Rambhagat, aged 25 years, filed a claim petition claiming compensation of Rs. 5,10,000. It was submitted that at about 11.30 PM on 7-10-2000 when claimant was going on Hero Puch (MP-21B/4642) to Katni, he was dashed by a motor cycle (MP21-B/7934), driven by Jethanand Harwani, owned by Kailash Poptani and insured with Oriental Insurance Co. Ltd. He sustained fracture of clavicle and incurred permanent disability. Claim petition was ...
Brajesh Pratap Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-01-2007
Reported in: 2007(3)MPHT230
ORDERShantanu Kemkar, J.1. Through this petition the petitioner is seeking writ of quo warranto against the third respondent Smt. Ramkali wife of Rajkumar Mishra who is holding the office of Chairman, Krishi Upaj Mandi Samiti, Satna (for short 'Mandi Samiti') on the ground that she is not an 'Agriculturist' within the meaning of Section 2(b) of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 (for short 'Act of 1972') and was not qualified to vote and to be representative of Agriculturists and is not entitled to continue in the said office.2. Briefly stated, the third respondent contested the election for the post of Chairman of Mandi Samiti claiming herself to be an Agriculturist. She was declared elected and was notified as returned candidate vide notification dated 17-6-2005. The petitioner placing reliance on the definition of the term 'Agriculturist' given under Section 2 (b) of the Act of 1972, the qualifications to vote and to be representative of Agriculturists as required under Sect...
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