Madhya Pradesh Court July 2007 Judgments
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Jhinnu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-17-2007
Reported in: 2007(3)MPHT538
1. Appellant has filed this appeal challenging his conviction for the offence under Section 302 of IPC and sentenced to imprisonment for life by the Court of Additional Sessions Judge, Lakhnadaun, District Seoni in S.T. No. 20/03, decided on 13-2-2003.2. Counsel for the appellant submitted that if the prosecution case is accepted as it is, then also offence is not culpable homicide amounting to murder. Incident occurred in a sudden fight without any pre-meditation in a heat of passion upon sudden quarrel. Counsel for the appellant submitted that appellant's goat entered the field of deceased Gulab Rajak and started grazing the gram crop and deceased was chasing away the goat. Appellant abused him and assaulted him on his head by 'Khalua'. After the injury was caused, injured was taken to the Primary Health Centre of Dhuma from where he was referred to Medical College, Jabalpur. He died at the Medical College, Jabalpur.3. Counsel for the appellant is not challenging the findings recorde...
Khushalchand Vs. Dilip Kumar S/O Late Nathulal Chourasia and anr.
Court: Madhya Pradesh
Decided on: Jul-17-2007
Reported in: 2008(1)MPLJ224
ORDERS.K. Seth, J.1. While admitting this appeal, the following substantial questions of law were framed and it was ordered that the case shall be heard finally in motion in the month of July,2007:1. Whether first appellate court was justified in confirming the decree passed by the trial court under Section 12(1)(f) of the M.P.Accommodation Control Act ?2. Whether lower appellate court was justified in rejecting the application made by the defendant (appellant herein) for amendment of the plaint under Order 6 Rule 17 of the C.P.Code when the said amendment was based upon the subsequent event and which had a material bearing over the issue about the availability of alternate suitable accommodation acquired by the plaintiff during pendency of the suit from another tenant ?3. Whether the findings recorded by learned first appellate court in rejecting the amendment application made by the defendant can be said to be legally justified ?2. This is defendant's appeal against the concurrent ju...
Jittu @ Jitendra and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-17-2007
Reported in: 2007(4)MPHT117
1. Appellant No. 1 Jittu alias Jitendra is convicted for the offences under Sections 148 and 302 of IPC. Appellant Nos. 2 to 6 are convicted for the offences under Sections 147 and 302/149 of IPC. Appellant No. 1 Jittu is sentenced to one year's R.I. and fine of Rs. 1,000/- for the offence under Section 148, IPC and for the offence under Section 302, IPC, he is sentenced to imprisonment for life and fine of Rs. 5000/-. Appellant Nos. 2 to 6 are sentenced to one year's R.I. and fine of Rs. 1000/- for the offence under Section 147, IPC and for the offence under Section 302/149, they are sentenced to imprisonment for life and fine of Rs. 5,000/- by the Court of VIII Additional Sessions Judge, Jabalpur, in Sessions Trial No. 758/95, decided on 11-2-97.2. According to prosecution, on 3-8-95, around 21.30 hours, deceased Mishrilal was returning back to his house. Near Shankar temple on Siddhbaba Road, where appellants were standing, when deceased Mishrilal requested them to give him way to g...
Safe Guard Vs. the M.P. State Agricultural Marketing Board and ors.
Court: Madhya Pradesh
Decided on: Jul-17-2007
Reported in: AIR2007MP283; 2007(2)CTLJ406(MP); 2007(4)MPHT77; 2007(4)MPLJ149
A.K. Gohil, J.1. Appellant has filed this Writ Appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 23-8-2006 passed in W.P. No. 1972/06.2. Brief facts of the case are that the appellant filed writ petition under Article 226/227 of the Constitution of India. It is contended in the petition that in the year 1995 there was an agreement between petitioner and the respondent No. 1 Mandi Board for providing Security Guards to the Krishi Upaj Mandi Committee situated in the State of M.P. and the same was extended from time and time and remained in force till September, 2001. In the year 2002, the respondent Board issued directions vide letter dated 20-11-2002 to all the Secretaries of Mandi Committees of State that in case the Mandi Committees want to employ the Security Guards, they may employ the Security Guards from the petitioner agency. It was further mentioned in the letter that for that agreement has alr...
Oriental Insurance Co. Ltd. Vs. Chetna and ors.
Court: Madhya Pradesh
Decided on: Jul-17-2007
Reported in: 2008ACJ2326
N.K. Mody, J.1. This order shall also govern the disposal of M.A. Nos. 1019, 1021, 1022 and 1153 of 2003 as all the appeals are arising out of one accident and parties to the appeal are the same except the claimants. Short facts of the case are that a motor accident took place in the intervening night of 8/9.9.2001 while the claimants were travelling in a Tempo Trax bearing registration No. UP 95-0588 which was driven by one Santosh who is respondent No. 2 and owned by respondent No. 3 at the relevant time. Tempo Trax dashed a truck bearing registration No. RJ 20-V 3773 which was driven by respondent No. 4, owned by respondent No. 5 and insured with respondent No. 6. In the said accident, 5 persons died and 2 persons were injured. The claim petition was contested by the appellant and respondent No. 6.2. After framing of issues and recording of evidence, learned Tribunal allowed the claim petitions and awarded the following amount:--------------------------------------------------------...
Oriental Insurance Co. Ltd. Vs. Heerabai and ors.
Court: Madhya Pradesh
Decided on: Jul-17-2007
Reported in: 2009ACJ147; [2007(115)FLR403]
N.K. Mody, J.1. Being aggrieved by the order dated 12.7.2006, passed by the Commissioner for Workmen's Compensation (Labour Court), Indore, in Case No. 12 of 2005 (WCA) whereby application filed by respondent Nos. 1 to 7 for compensation on account of death of deceased Govind, who happens to be husband of respondent No. 1, father of respondent Nos. 2 to 5 and son of respondent Nos. 6 and 7, was allowed and compensation of Rs. 2,41,201, has been awarded, the present appeal has been filed under Section 30 of the Workmen's Compensation Act.2. The appeal was admitted for final hearing by this Court vide order dated 27.9.2006, on the following substantial questions of law:(1) Whether the death of a labourer caused due to the work outside the scope of work authorised by his master is covered under Workmen's Compensation Act?(2) Whether insurance company, which covers the risk relating to motor vehicle is liable to pay compensation under the Workmen's Compensation Act, if the labourer is doin...
Heeralal Baria Vs. M.P. State Electricity Board and anr.
Court: Madhya Pradesh
Decided on: Jul-17-2007
Reported in: [2008(118)FLR635]; 2009(2)SLJ100(NULL)
ORDERJ.K. Maheshwari, J.1. This petition is filed challenging the order dated 27.1.2006 Annexure P/10 passed by the respondent Board-denying compassionate appointment on the basis of the circular dated 30.1.1997 and 1.9.2000 and for the reasons narrated in the order impugned.2. It is the case of petitioner, that his father Kaniram Baria was in the employment of respondent Board, as Line Attendant Grade II, and died on 13.9.1999 during the course of employment. It is further his case that he is the eldest member of the family having six brothers, sisters and widow, however, being a member of the S.T. category and having passed the 8th class examination, an application to grant of compassionate appointment was submitted by him on 19.9.1999. The said application was not considered by the Board, however, a writ petition bearing No. 2922/2005(S) filed, which was and disposed of vide order dated 14.9.2005, with a direction; to decide the application. Thereafter respondent Board has rejected ...
Smt. Chaman Bai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-16-2007
Reported in: 2007(3)MPHT541; 2007(4)MPLJ516
Abhay M. Naik, J.1. This petition has been preferred for damages on account of unsuccessful operation of tubectomy.2. Short facts leading to the petition are that an operation of tubectomy was performed on the petitioner on 26-2-2000 under the 'Nasbandi-karan Scheme' at J.P. Hospital, Tulsi Nagar, Bhopal organized by Health Center, Gandhi Nagar, Bhopal and a certificate to this effect was duly issued as contained in Annexure P-2.3. On 10-1-2005, Sonography was performed and the petitioner was informed that she had conceived. On 19-5-2005 she gave birth to a male child. It is stated in the petition that the husband of the petitioner is an employee of M.P. Road Transport Corporation and is in receipt of Rs. 2500/- per month only as a driver. She had already a son and three daughters therefore, she had undergone the operation of tubectomy because she could not afford a child anymore. Since, the son was born despite the operation of tubectomy, it is stated that the operation was performed ...
National Insurance Co. Ltd. Vs. Gulab Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-16-2007
Reported in: 2009ACJ1463
Arun Mishra, J.1. These appeals have been preferred by the claimant and insurer aggrieved by an award dated 8.12.2004 passed by the Motor Accidents Claims Tribunal, Katni in M.V.C. No. 187 of 2004.2. The claimant father of the deceased Jagat Singh filed a claim petition claiming compensation in a sum of Rs. 7,80,500. He was the only son of the claimant. He was sitting in the trolley of the tractor (No. MP 21-9862) which was going to Jhukehi for loading lime for the purpose of construction of drain in the agriculture field. The tractor-trolley was driven rashly and negligently by Rajesh. It was owned by Sunderlal and insured with National Insurance Co. Ltd. Jagat Singh sustained injuries and succumbed to them in Katni Hospital on 19.11.2002 two days after the accident. It was claimed that he used to earn a sum of Rs. 3,000 per month.3. The owner and driver remained ex parte. The insurer in the written statement denied the liability. It was submitted that the tractor-trolley was not invo...
Khursheed Ahmed and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-13-2007
Reported in: 2007(3)MPHT473
ORDERDipak Misra, J.1. These writ appellants being interlinked and interconnected were heard analogously and are disposed of by a singular order. Regard being had to the similitude of the factual matrix and the identicalness of the law involved, the facts in each case need not be exposited inasmuch as the singular exposition would subserve the purpose.2. To have a clear picture frescoed, it is seemly to state that sustainability of the order dated 20-3-2007 passed by the learned Single Judge in Writ Petition No. 18305/2006 is called in question by the appellants-petitioners (hereinafter referred to as 'the appellants') invoking the provisions of intra-Court appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.3. The facts which are requisite to be exposited are that a decision was taken by Air Port Authority of India to carry out the development and expansion of Air Strip in the Airport Complex of Raja Bhoj Airport, Bhopal, which was constr...
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