Madhya Pradesh Court January 2008 Judgments
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The New India Assurance Co. Ltd. Vs. Suresh Chand Sankla and ors.
Court: Madhya Pradesh
Decided on: Jan-31-2008
Reported in: 2008(2)MPHT430
ORDERN.K. Mody, J.1. Being aggrieved by the award dated 3-1-2004 passed by Member, MACT Neemuch, in Claim Case No. 132/02 whereby claim case tiled by respondent No. 1 on account of injuries sustained by him in a motor accident was allowed and a sum of Rs. 2,02,500/- was awarded alongwith interest @ 9 % per annum, the present appeal has been filed.2. Short facts of the case are that respondent No. 1 filed a claim petition alleging that on 17-4-2002 respondent No. 1 was travelling in a Matador which was owned by respondent No. 2 and insured with appellant. It was alleged that owner of the offending vehicle who is the respondent No. 2 himself was driving the vehicle which met with an accident because of rash and negligent driving in which respondent No. 1 sustained injuires. In the claim case it was alleged that because of injuries there is a permanent disability for which respondent No. 2 and appellants are liable for payment of compensation. The claim case was contested by respondent No...
Anil Soni Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-31-2008
Reported in: 2008(3)MPHT188
ORDERR.S. Jha, J.1. The petitioner has filed this petition being aggrieved by order dated 24-12-1993 by which he has been dismissed from service and order dated 11-3-1994 by which the appeal filed by him against the order of his dismissal has been rejected.2. The facts, necessary for adjudication of this petition, are that the petitioner, who at the relevant time was working as a Constable in the Police Department, was initially subjected to an enquiry on a complaint regarding having an illicit relationship with one Shobha. After enquiry, the Superintendent of Police, who was the Competent Authority, imposed a minor punishment of withholding of one annual increment for a period of one year vide order dated 2-2-1993. Subsequently, one the new Superintendent of Police joining the post, the order of minor penalty was cancelled by him vide order dated 21-5-1993 and a fresh charge-sheet, levelling the same charge of having an illicit relationship with Shobha and consequential charges of con...
Jwala Prasad Batham Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-31-2008
Reported in: [2008(117)FLR1015]; 2008(3)MPHT384
A.K. Gohil, J.1. Appellant has filed this appeal under Section 2 of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 25-7-2006 passed by the learned Single Judge of this Court in W.P. No. 1393/05 (S).2. In nutshell, the case of the appellant before the Writ Court was that the appellant was working on the post of Wireman and by order dated 4-11-04 on attaining the age of 60 years, he was retired. It was his case that at the time of retirement he was working on the post of Wireman, which is a Class IV post under the M.P. Public Works Department Work Charged and Contingency Paid Employees Recruitment and Conditions of Service Rules, 1976 (for brevity 'Rules of 1976'). Prior to 4-11-04, there was no dispute but thereafter the Government has extended the age of retirement of Class IV employees from 60 years to 62 years. The appellant filed the petition challenging the aforesaid order of premature retirement. The learned Writ Court considering the...
Apl International Ltd. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-31-2008
Reported in: AIR2008MP254
R.S. Garg, J.1. The petitioner being aggrieved by the circular letter dated 31-5-1995 (Annexure P/l) addressed by the respondent No. 2 to all the District Registrars, Collector of Stamps and Sub Registrars in the State of Madhya Pradesh and also being aggrieved by the letter dated 24-3-2000 addressed by respondent No. 4 State Bank of Indore to the petitioner (Annexure P/2) is before this Court with a submission that provisions contained in Section 75 of Madhya Pradesh Panchayat Raj Awam Gram Swaraj Adhiniyam, 1993 (Panchayat Raj Act for short) are ultra vires the Constitution, the respondent No.2 i.e. Inspector General of Registration and Superintendent of Stamp had no authority to issue the circular letter No. 1964 dated 31-5-1995 (Annexure P/l) to other authorities to recover 1% duty in addition to stamp duty nor the respondent/ Bank had any authority under the law to deduct a sum of Rs. 6,97,000/-- from petitioners C.D. account towards cost of Panchayat duty on mortgage created in f...
State of M.P. and ors. Vs. Shiv Narayan Saxena and ors.
Court: Madhya Pradesh
Decided on: Jan-30-2008
Reported in: [2008(117)FLR1011]; 2008(3)MPHT387
A.K. Gohil, J.1. State has filed this appeal under Section 2(i) of M.P. Uchcha Nyalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 8-2-2007 passed by the learned Single Judge in W.P. No. 4967/05 (S) : [2007(2) M.P.H.T. 104].2. Brief facts of the case are that on 10-9-1988 advertisement was issued in daily news paper for appointment on the post of Shiksha Karmi Grade 1, 2 and 3 in the schools falling within the jurisdiction of Municipal Council Ganjbasoda. Selection Committee was constituted and committee conducted the interview on 8th and 9th April 1999 and submitted the list for approval to the Dy. Director of Education Vidisha and Block Education Officer, Vidisha on 24-9-1999 and the list was approved by them. The list was also approved by the Municipal Council through its resolution dated 21-10-1999 and the matter was referred to P.I.C. for approval. Because of the election of the Municipal Council and due to the enforcement of code of election conduct, the appro...
Secretary, Prime Minister National Relief Fund Vs. Gopal Das Nayak and ...
Court: Madhya Pradesh
Decided on: Jan-30-2008
Reported in: 2008(3)MPHT392
A.K. Gohil, J.1. Prime Minister National Relief Fund (for short 'PMNRF) through its Secretary has filed this writ appeal under Section 2 of the Madhya Pradesh High Court (Appeal to Division Bench) Act, 2005 against the order dated 25-7-07 passed by Single Judge in Writ Petition No. 1196 of 2006, for setting aside the order of payment of interest and to expunge the observation made in Para 1 of the impugned order.2. The brief facts of the case are that respondent No. 1 made request seeking financial assistance from the PMNRF for heart surgery of his daughter. Requisite documents were received in the appellant office on 8-6-2000 and on 20-6-2000, the financial assistance of Rs. 20,000/- to partially defray the expenses incurred in the surgery/treatment was sanctioned and a Cheque No. 041485 dated 8-8-2000 for Rs. 20,000/- was forwarded to Dean Gandhi Medical College/Hamidia Hospital, Bhopal. On 4-12-2000 appellant office received a fax message from Dean Gandhi Medical College, Bhopal tha...
Kailash Vs. Rajesh and anr.
Court: Madhya Pradesh
Decided on: Jan-30-2008
Reported in: [2008(117)FLR736]
N.K. Mody, J.1. Being aggrieved by the order dated 7.8.2006, passed by Commissioner for Workmen's Compensation, Labour Court, Indore, in Case No. 46/99, W.C.N.F., whereby on account of injuries sustained by the appellant a sum of Rs. 1,14,367/-, has been awarded along with interest @ 6% p.a. from the dale of accident, the present appeal, has been filed.2. Short facts of the case are that the appellant filed a claim petition alleging that appellant sustained injuries on 10.7.1998, during the course of his employment. Claim petition filed by the appellant was contested by respondent No. 2 and was allowed along with interest from the dale of accident. Learned Counsel for the appellant submits that the interest has been awarded @ 6% p.a., while the interest ought to have been awarded @ 12% p.a., as per Section 4-A of Workmen's Compensation Act, which has been amended w.e.f. 15.9.1995 by Amendment Act, No. 30/1995.3. Mr. S.S. Chawla, learned 'Counsel for respondent No. 2 submits that the ap...
Mansingh Kushwah and ors. Vs. Balvir Singh Narwaria and ors.
Court: Madhya Pradesh
Decided on: Jan-30-2008
Reported in: 2009ACJ1866
Arun Mishra, J.1. Appeal has been preferred on behalf of appellants-claimants for enhancement of compensation aggrieved by award dated 19.9.2001 passed by the Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 88 of 2000.2. Appellants have lost their son aged two years in the accident on 18.4.2000. The Tribunal has awarded compensation of Rs. 52,000, the aforesaid amount has been awarded along with 9 per cent per annum interest from the date of filing of claim petition till realization and in case amount was not paid within one month, it was to carry 12 per cent interest. The appeal has been preferred for enhancement of compensation.3. I have heard the learned Counsel for parties and gone through the evidence on record.4. In the case of death of a child of two years it is quite difficult to assess the compensation, however, reasonable compensation has still to be awarded as held by the Apex Court in New India Assurance Co. Ltd. v. Satender : 2007 ACJ 160 (SC). It would b...
Smt. Usha Rathore and ors. Vs. National Insurance Company Limited and ...
Court: Madhya Pradesh
Decided on: Jan-29-2008
Reported in: 2009ACJ214; 2008(3)MPHT396
Abhay Gohil, J.1. Claimants/appellants being aggrieved with the award dt. 20.9.2001 passed by the IIIrd Additional Motor Accident Claims Tribunal Gwalior in Claim Case No. 56/2001 vide award dated 20.9.2001, have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short the Act of 1988) for enhancement of compensation. 2. Brief facts giving rise to this appeal are that on 2.7.2000 in the night deceased Vishnudatta Rathore, who was driving jeep M.P. No. 07 H 2719 and coming from Moina to Gwalior. It was alleged that he was driving the vehicle rashly and negligently. He brought the jeep on the wrong side and dashed the unknown truck. The case of the appellants/claimants was that some other person was driving the vehicle and the deceased was traveling in the jeep as a passenger but in the FIR this fact has been mentioned that the deceased himself was driving the vehicle, though neither the claimants nor the Insurance Company have cleared this fact. The jeep was registe...
Shiv Singh Rawat Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-29-2008
Reported in: 2008(2)MPHT41
ORDERDipak Misra, J.1. The petitioner, a resident of Village Shahpura Bhitoni, District Jabalpur, a social worker and a voter of Shahpura Panchayat as a pro bono publico has preferred this writ petition for debarring the respondent No. 9, Gulab Singh Gond, from continuing on the post of President, Janpad Panchayat, Shahpura as he is not entitled to continue on the said post because he has incurred the disqualification as envisaged under Section 36(1)(a)(ii) of the M.P. Panchayat Avam Gram Swaraj Adhiniyam, 1993 (for brevity 'the Act').2. At the very outset we are obliged to state that colossal objections were raised by Mr. Bhati, learned Counsel appearing for the ninth respondent about the locus standi of the petitioner and immense emphasis was put on the language employed under Section 36 requiring this Court to place an interpretation on the said language to highlight that the structure which is sought to be built by the petitioner relating to the disqualification of the said respond...
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