Madhya Pradesh Court July 2007 Judgments
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Dr. Kunal Kanti Majee Vs. the Chancellor, Rani Durgawati Vishvavidyala ...
Court: Madhya Pradesh
Decided on: Jul-03-2007
Reported in: 2007(4)MPHT268; 2008(1)MPLJ577
ORDERDipak Misra, J.In this intra-Court appeal preferred under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the appellant has called in question the defensibility of the order dated 28-2-2007 passed in Writ Petition (S) No. 19090/06.2. The facts which are requisite to be stated are that the appellant-petitioner (hereinafter referred to as 'the appellant') was issued an OBC caste certificate dated 29-6-1995 under non-creamy category, Annexure P-2 to the writ petition, on the base that he belongs to 'Karmkar Lohar' in the State of Bihar as well as in the State of Madhya Pradesh. As some disputes arose with regard to status of 'Lohar' caste in the State of Bihar a direction was issued by the High Court that the Lohar caste should be included in the category of Scheduled Castes. On the base of the said order the appellant was given provisional certificate on 24-2-1996, Annexure P-3 to the writ petition. Against the aforesaid direction of the High Co...
Pyare Fukki Vs. District Magistrate and ors.
Court: Madhya Pradesh
Decided on: Jul-03-2007
Reported in: 2007(4)MPHT60
ORDERShantanu Kemkar, J.1. By filing this petition under Article 226/227 of the Constitution of India the petitioner has challenged the order dated 31-10-2006 (Annexure P-1) passed by the District Magistrate, Bhopal externing him from Bhopal and its contiguous districts for a period of one year with effect from 2-11-2006 and the order dated 5-2-2007 (Annexure P-2) passed by the Appellate Authority, Commissioner, Bhopal whereby his appeal has been dismissed.2. Briefly stated, the first respondent District Magistrate, Bhopal exercising the powers under Section 8 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (for short 'Adhiniyam') issued a notice dated 4-9-2006 (Annexure R-2) to the petitioner informing him the general nature of material allegations against him in regard to his removal under Section 5(a) and (b) of the Adhiniyam. As the petitioner did not submit reply and also after appearing through his Counsel on few dates remained absent the exparte impugned order of externment...
Smt. Pushpa and ors. Vs. Rai Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-03-2007
Reported in: 2009ACJ1346; 2007(4)MPHT277
ORDERK.S. Chauhan, J.1. This appeal has been preferred being aggrieved by the award dated 17-11-2004 passed by the II Additional Motor Accidents Tribunal, Sehore in M.C.C. No. 40/04, whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act for compensation on account of death of Shivram caused in the motor accident has been rejected.2. The facts of the case in short are that on 14-12-2000 at about 9:00 p.m. Shivram was pillion rider in Scooter No. MP04-G-4616 which was being driven by Rajkumar. They were going from Ashta to Sehore. One trolley filled with sugarcane and Tractor No. MBF-2760 was parked on the road near the well of Jagdish Jat without any parking light on. The scooter dashed with it. They became seriously injured. Shivram was carried to Hamidia Hospital where he succumbed to death on 16-12-2000 on account of the injuries sustained by him in the motor accident. The report was lodged by Rajkumar in Police Station Mandi wherein the Crime...
Raj Bai and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-03-2007
Reported in: 2008ACJ2017
Abhay Gohil, J.1. Claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 8.5.2003 passed by First Motor Accidents Claims Tribunal in Claim Case No. 62 of 2003.2. Brief facts of the case are that on 16.10.2000, the deceased Kanahayaram Prajapati was travelling in truck No. UP 78-T 2129 along with his goods. The said truck owned by Surendra Kaur, respondent No. 3 was being driven by S. Ali, respondent No. 2 on the Agra-Bombay Road and when the vehicle reached between Parbila Babdi and Bilonia, because of rash and negligent driving of the truck, the driver lost its balance, the said truck turned turtle and met with an accident. Kanahayaram who was travelling in the truck died. The claimants those who are the legal heirs of the deceased Kanahayaram filed the claim application for claiming compensation of Rs. 18,50,000 before the Motor Accidents Claims Tribunal, Guna. Before the Claims Tribunal, the respondent Nos. 2 and 3 (i.e., driver an...
Western Coalfields Limited Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Jul-03-2007
Reported in: (2009)19VST466(MP)
ORDERA.K. Patnaik, C.J.1. This is a reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958.2. The facts, as stated in the statement of the case, are that the petitioner, M/s. Western Coalfields Limited, is a dealer carrying on the business of mining and sale of coal. During the period April 1,1980 to March 31,1981 the petitioner produced coal and loaded the same in the trucks of purchasers at the pits of mines and the trucks loaded with coal were taken to local areas in which weighbridges were located. In the assessment order under the Madhya Pradesh Entry Tax Act, 1976 (in short, 'the Act') made on October 1, 1984 the assessing officer held that since the sales were finalised at the weighbridges in the local areas on weighment of the coal, the sales were made within the local areas in which the weighment was carried out and accordingly levied entry tax of Rs. 2,55,529.02 on coal brought into the local areas by the petitioner for weighment.3. The petitioner sol...
Smt. Ramsiya Vs. Prabhudayal (Dead) Through His L.Rs. and anr.
Court: Madhya Pradesh
Decided on: Jul-02-2007
Reported in: 2007(3)MPHT471; 2007(3)MPLJ383
ORDERA.K. Shrivastava, J.1. Heard on office note.2. This review petition was placed before Additional Registrar (Judicial) on 16-5-2007 as certified copy of the judgment passed in First Appeal No. 45/2002, decided on 10-4-2007 has not been annexed with the memorandum of review application. The default which has been pointed out by Registry is that along with review petition, certified copy of the judgment of which review is sought, should be accompanied.3. Shri Patel, learned Senior Counsel invited by attention to the High Court Rules Section 1 Chapter IV, which pertains to Court hours and presentation of appeals and applications. By inviting my attention to Rule 4(2) of the said Chapter of the Rules, it has been submitted by learned Senior Counsel that there is specific provision to accompany certified copy of the decree appealed from or sought to be revised and of the judgment or order on which the decree is founded. But, the rules does not say that if a review petition is filed then...
Pawan JaIn and ors. Vs. Sunita Jain
Court: Madhya Pradesh
Decided on: Jul-02-2007
Reported in: 2007(4)MPHT323
ORDERR.C. Mishra, J.This revision, under Section 115 of the Code of Civil Procedure (for short 'the Code'), is directed against the following orders passed by the First ADJ, Sagar in Civil Suit No. 2-B/03:(1) Order dated 3-3-2004 rejecting petitioners' application under Order 7 Rule 11 read with Section 151 of the Code (hereinafter referred to as 'the First Order').(2) Order dated 1-7-2004 whereby petitioners' application; under Order 47 Rule 1 of the Code to recall order dated 3-3-2004 was dismissed (hereinafter referred to as 'the Second Order').2. The facts leading to filing of this revision are not in serious dispute and may be summarized as under:(i) Marriage of the plaintiff/respondent (hereinafter referred to as 'R') was solemnized with the petitioner No. 1, (for short 'PI'), the son of petitioner Nos. 2 and 3 on 8-7-1989 at Sagar. Thereafter, R and P1 resided together at Chhatarpur, where parental home of P1 is situated and at Gaziabad and Raipur, where he was posted as Assista...
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