Madhya Pradesh Court September 2007 Judgments
Satish Tyagi Vs. Radha Kishan Tyagi and ors.
Court: Madhya Pradesh
Decided on: Sep-28-2007
Reported in: 2008CriLJ1327; 2008(1)MPHT87
ORDERBrij Mohan Gupta, J.1. Heard.This revision is for impugning the order dated 7th March, 2006, passed by Sessions Judge, Gwalior in Criminal Revision No. 65/06, whereby the learned Judge has affirmed the order dated 28-2-06 passed by the JMFC, Gwalior in a case instituted on a private complaint filed by the petitioner against the respondent Nos. 1 to 4, by which the learned Magistrate has directed the complainant to deposit the diet money and travelling expenses of the witnesses, requested to be summoned by him.2. It is submitted by Shri Pathak that with regard to an incident happened on 18-7-05 petitioner lodged a report at Police Station, Gwalior on which Crime No. 551/05 was registered for the offence punishable under Sections 452, 323, 506/34 and 294 of IPC. During investigation, injured died. Despite this fact, police filed challan for the aforementioned offences without adding the offence of murder under Section 302 of IPC. Therefore, the petitioner was compelled to file the c...
Tag this Judgment!Deependra Singh @ Deepak Parihar Vs. Smt. Shakuntala Pal and anr.
Court: Madhya Pradesh
Decided on: Sep-28-2007
Reported in: 2008(1)MPHT138
ORDERA.K. Shrivastava, J1. Feeling aggrieved by the impugned judgment dated 31-1-2006 passed by learned Second Addl. District Judge, Mhow, District Indore in Civil Original Case No. 1-A/2000 (probate) dismissing the application filed by appellant to obtain probate, this appeal has been filed under Section 299 of the Indian Succession Act, 1925 (for brevity 'the Act').2. An application under Section 276 of the Act was filed by the appellant Deependra Singh on the averments that Smt. Chandrakala Pal (hereinafter referred to as 'testatrix') wife of Murari Lal Pal executed two Wills dated 26-3-97 and 8-5-97 in his favour. Since, in the earlier Will dated 26-3-97 certain facts could not be mentioned, therefore, for clarification another Will dated 8-5-97 was executed by testatrix. According to the appellant, in these two Wills the deceased bequeathed her entire moveable and immoveable property, the description whereof has been mentioned in these two Wills in favour ol' the appellants. Apart...
Tag this Judgment!Pradeep Sharma Vs. Jivan Kumar Navlakha and anr.
Court: Madhya Pradesh
Decided on: Sep-28-2007
Reported in: 2008(2)MPHT249; 2008(1)MPLJ316
ORDERS.K. Seth, J.1. This revision is under Section 26 of the M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act' for short). By the impugned order dated 9-9-2005, learned First Additional District Judge, Jaora has dismissed the application filed by the applicant under Order VII Rule 11 of the Civil Procedure Code for rejection of the election petition.2. Applicant is duly elected Councillor, from Ward No. 15 of Jaora Municipal Council in the election held in November, 2004. The non-applicant No. 1 who was the rival and defeated candidate challenged the election of the applicant by filing an election petition on grounds stated therein and prayed that the election of the returned candidate be declared void with the further prayer that he himself be declared duly elected. Said election petition was directly presented in the Court of First Additional District Judge, Jaora. Applicant filed an application as stated above for rejection of the election petition because it was ...
Tag this Judgment!Radhabai and ors. Vs. Suresh and ors.
Court: Madhya Pradesh
Decided on: Sep-28-2007
Reported in: 2008ACJ1831
A.K. Shrivastava, J.1. This appeal has been directed against the award dated 17.3.2006 passed by learned First Additional Motor Accidents Claims Tribunal, Indore (in short 'the Tribunal') in Claim Case No. 258 of 2003 for the enhancement of the amount passed under the impugned award.2. In brief the case of the appellants-claimants as borne out from the impugned award is that on 29.8.2002 one Dinesh Sirvi (hereinafter referred to as 'the deceased') was going on his Rajdoot motor cycle bearing registration No. MP 11-1160 from Bagh to Kukshi. On this motor cycle Mahesh Soni and Sandeep Patidar were the pillion riders. When the motor cycle reached near Kukshi river, at that juncture, one Tempo Trax bearing registration No. MP 10-A 2697 (hereinafter referred to as 'the offending vehicle') came from the opposite side. It is said that driver of the said offending vehicle, respondent No. 1, was driving it rashly and negligently and dashed the same to the motor cycle which was being driven by d...
Tag this Judgment!Dr. Jogendra Singh Vs. Virendra
Court: Madhya Pradesh
Decided on: Sep-27-2007
Reported in: 2008(1)MPLJ584
Viney Mittal, J.1. Tenant is the petitioner before this Court, who has challenged an order dated May 16, 2006, Annexure P-5 passed by the trial Judge, whereby an application filed by the respondent-landlord seeking amendment of the plaint for adding new grounds of eviction under Sections 12(1)(d) and 12(1)(i) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as Act), has been allowed.2. A suit for eviction of the tenant Dr. Joginder Singh was filed by landlord Virendra Shah on March 23, 2005. The eviction of the tenant was sought by pleading a ground under Section 12(1)(f) of the Act by claiming that the building in question had been let out for non residential purpose and was required bonafide by the landlord for the purposes of starting his own business and that he was owner of the property in question. The suit filed by the plaintiff is being contested by the tenant.3. While the proceedings in the suit are pending before the trial Court, an amendment app...
Tag this Judgment!Dy. C.M.E. Sub Area Manager Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-27-2007
Reported in: [2008(116)FLR421]; (2008)ILLJ312MP; 2008(1)MPHT28; 2008(1)MPLJ60
ORDERA.K. Patnaik, C.J.1. This is a reference made to the Full Bench pursuant to the order dated 21-8-2001 passed by the learned Single Judge in the present writ petition on interpretation of Section 10(1) of the Industrial Disputes Act, 1947 (for short 'the Act').,2. The facts as stated in the order dated 21-8-2001 of the learned Single Judge are that the respondent No. 2 raised an industrial dispute before the Assistant Labour Commissioner (Central) by its letter dated 23-2-1995 contending inter alia that 152 contract workers deserve to be regularised and by not doing so, the Management has committed a gross illegality. The conciliation proceeding failed and the Conciliation Authority submitted a failure report dated 15-12-1995 to the Central Government. The Central Government by its order dated 27-12-1996 declined to make the reference on the ground that the respondent No. 2 Union failed to give any documentary evidence to prove that the workmen in question were engaged directly by ...
Tag this Judgment!Sonali and ors. Vs. Dinesh and ors.
Court: Madhya Pradesh
Decided on: Sep-27-2007
Reported in: 2008ACJ1534
S.A. Naqvi, J.1. Appellants have preferred this appeal being aggrieved by the impugned award dated 31.8.2004 passed by the Motor Accidents Claims Tribunal, Khandwa in Claim Case No. 62 of 2003 for enhancement of compensation amount.2. Admitted facts are that Atul Shah, respondent No. 2, was owner of bus No. MP 12-B 3745 and Dinesh, respondent No. 1, was driver of the bus on the date of the incident. New India Assurance Co. Ltd., respondent No. 3, was insurer of the bus.3. The facts of the case in brief are that appellant Nos. 1 and 2 are daughter and son of the deceased Sukhlal alias Ramcharan; appellant No. 3, Anita Bai is widow of the deceased and appellant No. 4, Savitri Bai is mother of the deceased. They were dependent on the deceased. Deceased was earning Rs. 9,000 per month working as carpenter. On 11.5.2003 deceased was coming by motor cycle with Sukhlal, son of Tantulal. Sukhlal, son of Tantulal was driving motor cycle. Respondent No. 1 by driving bus No. MP 12-B 3745 rashly a...
Tag this Judgment!Kankar Munjare S/O Shri R.C. Munjare Vs. Gaurishanker S/O Chaturbhuj B ...
Court: Madhya Pradesh
Decided on: Sep-26-2007
Reported in: 2008(1)MPHT321; 2008(1)MPLJ418
ORDERShantanu Kemkar, J.1. Through this Election Petition filed under Section 80A read with Section 81 of The Representation of People Act, 1951 (for short `the Act') the petitioner a defeated candidate has challenged the election of the returned candidate (first respondent). In the petition corrupt practices under Section 123(1) of the Act are alleged.2. Briefly stated, the petitioner and the first respondent contested the election for Lok Sabha Constituency No. 12, Balaghat held on 5.5.2004. The counting of the votes was held on 13.5.2004. The first respondent was declared elected by the Returning Officer of Balaghat Parliamentary Constituency. Feeling aggrieved, the petitioner has filed this Election Petition. In the petition the petitioner has alleged corrupt practices mainly basing upon the news published in the News Paper `C- Times' and 'Jabalpur Express'. The allegations about distribution of liquor and money is based upon the information received from the residents of the villa...
Tag this Judgment!State of Madhya Pradesh Vs. Raju Alias Rajkumar
Court: Madhya Pradesh
Decided on: Sep-26-2007
Reported in: 2008CriLJ467
S. Samvatsar, J.1. This Death Reference is submitted by the First Additional Sessions Judge, Vidisha for confirmation of death sentence imposed by him in S.T. No. 191/2005, whereby the accused Raju alias Rajkumar is found guilty for commission of offence under Sections 376(2)(f) and 302 of I.P.C. and sentenced him death sentence. Criminal Appeal No. 451/2007 is filed by accused Raju alias Rajkumar challenging the death sentence and conviction. Hence, this judgment shall govern the disposal of Death Reference No. 2/2007 and Criminal Appeal No. 451/2007.2. As per prosecution case, one Ku. Sitabai aged about 11 years was school going girl. She had gone to school on 12-9-2005 and after closing of her school, she used to return at about 4.00 p.m., but on that date she did not return to her home. Hence, her father Harprasad (PW5) went to the school for searching his daughter, where he was told that his daughter had already left the school for home. When Harprasad (PW-5) was returning, he fou...
Tag this Judgment!Ramesh Vs. Mohd. Sahid and ors.
Court: Madhya Pradesh
Decided on: Sep-26-2007
Reported in: 2008ACJ1678
N.K. Mody, J.1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 13.12.2006 passed by Second Additional M.A.C.T. (Fast Track), Jhabua in Claim Case No. 121 of 2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,22,353 with interest to the claimant for the injuries sustained by appellant. According to claimant, the compensation awarded is on lower side and hence need to be enhanced. It is for the enhancement in the compensation awarded by the Claims Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so, to what extent?2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is ...
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