Madhya Pradesh Court July 2007 Judgments
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Azmer Singh Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Jul-25-2007
Reported in: 2007(4)MPHT256; 2007(4)MPLJ277
1. Heard.The appellant has filed this writ appeal under Section 2(1)(A) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 17.4.2007, passed by the learned writ court and order dated 18.5.2007 passed in review petition. In the order dated 17.4.2007, learned writ court held that the disqualification for appointment of 'Patel' as indicated in the Rule 2(i) and 2(ii) is that no person shall be eligible for the post of Patel, if he(i) is less than 21 years;(ii) is not recorded as a Bhoomiswami in the Land Records of the village concerned:And on that ground learned writ court held that no person is eligible for appointment as Patel if he is not recorded as Bhoomiswami in the land records of the Village concerned and this qualification will not only be seen on the date of filing application but he should be Bhoomiswami on the date of appointment as contemplated under Rule 2 and set aside the order passed by the Additional Commissioner o...
Prakash Vyas Vs. Smt. Kamlesh Chauhan
Court: Madhya Pradesh
Decided on: Jul-25-2007
Reported in: 2007(4)MPHT484
ORDERBrij Mohan Gupta, J.1. The instant petition is for quashing the criminal proceeding in Criminal Case No. 188/04 pending in the Court of JMFC, Kolaras which has been registered against the petitioner for the offence punishable under Sections 220 and 500 of IPC.2. During the course of arguments, both the parties have admitted the following facts:(A) That one private complaint has been filed by the respondent against the petitioner, who at the relevant time was posted as SDM/SDO at Kolaras, on the following allegation mentioned in Paras 2 and 3 of the complaint-2- ;g gS fd ?kVuk fnukad 17&8&95 'kke 5-30 dh gS A fd izkFkhZ;k yM+ds /kesZUnzflag dks iqfyl cnjokl us ,d >wBs izdj.k es /kkjk 151] tk- QkS- es fxjrkj dj iqfyl }kjk ,l-Mh-,e- dksykjl ds ;gka ykbZ Fkh pwafd izkFkhZ;k vius cPps dh tekur ckcr dksykjl ,l-Mh-,e- dk;kZy; mifLFkr gqbZ Fkh A3- ;g fd izkFkhZ;k ds cPps /kesZUnz dh tekur ,l-M+h-,e- dksykjl }kjk tkucw>dj fo}s'ko'k ugha yh o mDr izdj.k es /kesUnzflag dks ,l-Mh-,e- }kjk tsy...
O.P. Gupta Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-25-2007
Reported in: 2007(4)MPHT82
ORDERBrij Mohan Gupta, J.1. Undisputed facts of the case are that the petitioner is facing trial for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred as the 'Act') in Special Case No. 1/99 pending in the Court of Special Judge (Prevention of Corruption Act), Morena.2. The allegation against the petitioner is that on 23rd February, 1998 he was posted as Executive Engineer, M.P. Vidyut Mandal at Sheopurkalan. He inspected oil mill of complainant Babulal and threatened him to initiate a recovery proceeding for Rs. 10,000/- against him. In this matter the petitioner received Rs. 1,000/- as illegal gratification from the complainant on the ground that he will favour the petitioner in the case. After framing of the charge on 10th January, 2000, petitioner moved an application before the learned Judge praying therein to discharge him as he is not a Public Servant under the provisions of the Act, hence, he cannot be pr...
Gyanchand and anr. Vs. Mohanlal and ors.
Court: Madhya Pradesh
Decided on: Jul-24-2007
Reported in: AIR2007MP258
A.K. Shrivastava, J.1. The plaintiffs are aggrieved by the impugned judgment and decree of learned first appellate Court whereby it had reversed the judgment and decree passed by learned trial Court decreeing the suit of plaintiffs.2. The plaintiffs filed suit for mandatory injunction praying therein that the portion shown as A, B, C, D in the plaint map which is in the red lines, have been illegally encroached by the defendants and by dismantling the wall had raised construction on the space on which plaintiffs' wall was erected. It has been further prayed by the plaintiffs that a decree of perpetual injunction be also granted against the defendants that in future they should not raise any construction on the suit property.3. According to the plaint averments, on the eastern side of plaintiffs' house there is a house of defendants and both the houses are adjacent to each other. In the month of October, 1986 the defendants not only dismantled their own old wall but has also dismantled ...
Smt. Munni Devi Silawat Vs. the Life Insurance Corporation of India an ...
Court: Madhya Pradesh
Decided on: Jul-24-2007
Reported in: 2007(4)MPHT359
ORDERS.K. Seth, J.1. This is plaintiffs revision in view of Section 102 of the CPC. She has lost the first appeal in the Appellate Court and the suit filed by her for recovery of Rs. 25,000/- against respondents was dismissed.2. Plaintiff case in nutshell was that her son Rishikesh, took a Life Insurance Policy for a sum of Rs. 25,000/- (Rupees Twenty five thousand). Plaintiff was nominated to receive the sum assured and payable in terms of the Insurance Policy. Said Policy was in force from 28-9-1991. Rishikesh unfortunately died within two years on 8-6-1993 because of 'Nephritic syndrome'. Plaintiff staked her claim to the sum assured. Respondents after verification and investigation turned down the claim on the ground that said Policy was obtained on false statements and deliberate fraudulent suppression of material particulars relating to health of the insured. This led to filing of the civil suit. Learned Trial Court decreed the suit, but in appeal, said judgment was reversed. Hen...
Badri Vishal Gupta Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-23-2007
Reported in: 2007CriLJ4421; 2007(3)MPHT453
ORDERDipak Misra, J.1. In this writ appeal cogency and substantiality of the order dated 25-10-2005 passed by the learned Single Judge in the Writ Petition No. 4753/2004 has been called in question.2. Bereft of unnecessary details the facts which are obligatory to be uncurtained are that the appellant-petitioner (hereinafter referred to as 'the appellant') was appointed as an Additional Government Pleader-cum-Assistant Public Prosecutor for Begumganj, District Raisen and while functioning in the said post the third respondent came to be appointed as Additional Government Pleader-cum-Assistant Public Prosecutor by order dated 6-10-2004 passed by the respondent State. The said appointment was assailed by the petitioner invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India contending, inter alia, that the name of the respondent No. 3 was not recommended by the District Judge, Raisen for his appointment; that the District Magistrate had sent ...
Girdharial Vs. Chhaganlal and ors.
Court: Madhya Pradesh
Decided on: Jul-23-2007
Reported in: 2008ACJ1716
S. Samvatsar, J.1. This appeal is filed by the owner of the vehicle challenging the award dated 7.1.2000 passed by the Additional Member Judge, Motor Accidents Claims Tribunal, Vidisha in Claim Case No. 38 of 1997 whereby a sum of Rs. 79,500 is awarded by the claimants for the death of a 12-year boy Sanjay with interest at the rate of 12 per cent per annum. The Claims Tribunal has further directed that if the amount is not deposited within one month, then the defendants will have to pay interest at the rate of 18 per cent per annum. Motor Accidents Claims Tribunal has also found that as the vehicle in question was driven in violation of the terms of insurance policy the insurance company is not liable.2. Contention of the learned Counsel for the appellant is that in a case for violation of terms of insurance policy, the Tribunal should have directed the insurance company to first pay the amount of compen sation and should have granted right of recovery to the insurance company.3. Mr. M...
Anand Bahadur Singh and anr. Vs. Kamta Prasad Vishwakarma and anr.
Court: Madhya Pradesh
Decided on: Jul-23-2007
Reported in: 2009ACJ1583
Arun Mishra, J.1. This appeal has been preferred by the owner aggrieved by an award dated 27.4.2004 passed by Third Additional Motor Accidents Claims Tribunal, Sidhi in Claim Case No. 14 of 2004.2. Claimant Kamta Prasad filed a claim petition claiming compensation on account of amputation of right leg in an accident dated 9.7.1996 by the tiller owned by one Anand Bahadur Singh, operated by Pawan Kumar Singh and insured for agricultural operation. The claimant was working in his own field. He was called by Pawan Kumar Singh. When Pawan Kumar Singh wanted to start the tiller, Kamta Prasad fell down, his right leg was entangled in the cultivator, it was badly crushed, ultimately it had to be amputated. He was operated upon in Medical College, Banaras. He remained there till 11.10.1996, thus he has become incapacitated. Rs. 11,18,000 was claimed as compensation. The vehicle was insured with National Insurance Co. Ltd.3. The owner, in reply, denied the liability to make payment of compensat...
Oriental Insurance Co. Ltd. Vs. Shanti Devi Pandey and ors.
Court: Madhya Pradesh
Decided on: Jul-23-2007
Reported in: 2009ACJ1379
U.C. Maheshwari, J.1. This appeal is directed by the appellant insurer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') being aggrieved by the order dated 14.8.1998 passed by the Commissioner of Labour Court (constituted under the Act) in Case No. 25 of 1997 W.C. Act (F) awarding the claim of respondent Nos. 1 to 3 regarding death of their predecessor Raj Kumar Pandey alias Pappu for Rs. 1,32,822 with penalty of 25 per cent on such sum and also interest at the rate of 12 per cent per annum.2. The facts giving rise to this appeal in short are that deceased Raj Kumar alias Pappu, aged 22 years, the husband of respondent No. 1, father of respondent No. 2 and son of respondent No. 3, was working under the employment of respondent No. 4 as driver on her truck bearing registration No. MP 19-A 5030. On dated 3.11.1996 at about 9.10 in the morning, the aforesaid truck was being repaired in the auto garage of Raju alias Anwar Khan at Birla Road, Sa...
Pradeep Soni and ors. Vs. M.P. Road Transport Corporation and ors.
Court: Madhya Pradesh
Decided on: Jul-20-2007
Reported in: 2007(3)MPHT579
ORDERDipak Misra, J.1. Regard being had to the homogeneity and similitude of the question of law involved in these writ appeals, they are delineated analogously and disposed of by this singular order.2. The appellants invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India assailed the sustainability of the Clause IV(iii) of the Voluntary Retirement Scheme, 2005 floated by the M.P. State Road Corporation (for short 'the Corporation'). The said clause lays a postulate that once an employee gives the option under the Scheme for voluntary retirement the same cannot be withdrawn. It was contended before the learned Single Judge that the employees had the right to withdraw their option before the expiration of the validity period of the Scheme and if any acceptance had been done by the Corporation after such withdrawal, the same deserved to pave the path of extinction being impermissible and unacceptable in law. Before the learned Single Judge d...
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