Madhya Pradesh Court January 2008 Judgments
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Marry Jani Kumrawat Vs. Krishnakant
Court: Madhya Pradesh
Decided on: Jan-29-2008
Reported in: III(2008)BC1
S.K. Kulshrestha, J.1. This revision has been filed by the applicant against the order dated 20.1.2007 in Criminal Appeal No. 474/2006 passed by the learned Second Additional Sessions Judge, Mhow by which the conviction of the applicant under Section 138 of the Negotiable Instruments Act, 1881 and award of compensation of Rs. 1,20,000/- to the complainant has been upheld and she has been directed to undergo also substantive sentence till rising of the Court.2. The applicant was prosecuted in the Court of the Judicial Magistrate Class-I, Mhow for commission of an offence under Section 138 of the Negotiable Instruments Act and by order dated 22.8.2006 passed in Criminal Case No. 1540/2004, while convicting the applicant thereunder, she was directed to pay compensation to the respondent in the sum of Rs. 1,20,000/-, otherwise to undergo R.I. for three months.3. An appeal was filed by her against the said judgment under the provisions of Section 374 of the Cr.P.C. and simultaneously therew...
Babu Singh Vs. Mohd. Irfan Khan and ors.
Court: Madhya Pradesh
Decided on: Jan-29-2008
Reported in: AIR2009MP1830; 2008(3)MPHT403
ORDERA.K. Gohil, J.1. Claimant, being aggrieved of the award dated 26-7-1995 passed by Second Additional Motor Accident Claims Tribunal, Morena in Claim Case No. 111/94, has filed this appeal under Section 173 of the Motor Vehicle Act for enhancement of compensation.2. The brief facts leading to the appeal are that on 10-5-1993, the appellant Babu Singh was travelling on his motorcycle bearing registration No. M.P. 06/7592 and was going towards his Village Kot (Parosa). He was sitting alongwith deceased Rajesh and Tej Singh on the motorcycle. Rajesh was driving the motorcycle and Babu Singh was sitting as a Pillion rider. When the motorcycle reached near Budhara Pul, one jeep bearing No. M.B.W. 1676, which was coming from Gormi side being driven rashly and negligently, dashed the motorcycle, as a result of which, Babu Singh sustained severe injuries and fracture in his left leg. The matter was reported to the Police Station Porsa, where Crime No. 68/93 was registered and Babu Singh was...
Bhuri and ors. Vs. Omi and ors.
Court: Madhya Pradesh
Decided on: Jan-29-2008
Reported in: 2009ACJ1390
Arun Mishra, J.1. The appeal has been preferred by the claimants for enhancement of compensation aggrieved by award dated 31.1.2001 passed by Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 18 of 1997.2. The claimants are widow and children of deceased Prabhu Dhakad, aged 50 years who died in an accident on 30.12.96 while he was sitting on a culvert near village Therki, truck (No. MP 06-6942) came from Khandi side, it was driven rashly and negligently by Omi alias Omprakash and dashed several persons who were sitting on culvert and fell down in a ditch below culvert. Prabhu and others sustained injuries, Prabhu succumbed to the injuries, report of the accident was lodged at concerned police station by Murli, offence against driver was registered under Sections 279, 337 and 304-A of the Indian Penal Code, 1860, compensation of Rs. 12,20,000 was claimed, deceased was doing business, he was running a kirana shop and his income was claimed to be Rs. 10,000 per month.3. Th...
Abhishek Co-operative Housing Society Ltd. Vs. the Board of Revenue an ...
Court: Madhya Pradesh
Decided on: Jan-28-2008
Reported in: AIR2009MP17
Viney Mittal, J.1. The present writ petition under Articles 226 and 227 of the Constitution of India has been filed by Abhishek Cooperative Housing Society (hereinafter referred to society), challenging the orders dated September 24, 1999 passed by the Collector, Indore, order dated April 30, 2001, passed by the Additional Commissioner (Revenue), Indore, whereby the appeal filed by the petitioner-society was dismissed and the order dated July 26, 2001 passed by the Board of Revenue, whereby the second appeal filed by the petitioner-society, was also rejected. Facts. 2. Four separate sale deeds, each for purchase of 9801 square feet of land, were executed on May 5, 1997, registered on May 7, 1991 in favour of the petitioner-society. The petitioner-society relied upon a notification No. 7731155-VI-R dated October 4, 1980, issued under Section 9 of the Indian Stamp Act, 1899 (hereinafter referred to as Act), whereby instruments executed in favour of a Primary Cooperative Housing Society f...
Babulal JaIn Vs. Income-tax Officer and anr.
Court: Madhya Pradesh
Decided on: Jan-28-2008
Reported in: (2008)215CTR(MP)340; [2008]298ITR369(MP)
1. The appeal is admitted for hearing on the following substantial question of law:Whether, the learned member, the Income-tax Appellate Tribunal was right and justified in proceeding ex parte against the appellate order despite the prayer of the appellant's counsel to adjourn the case for a short while?2. With the consent of parties, the matter is finally heard.3. It is to be noted that Income-tax Appeal No. 106/JAB/2006 pertaining to the assessment year 1999-2000 was filed against the order passed by the learned Commissioner of Income-tax (Appeals), Gwalior, dated January 16, 2006. The appeal on the earlier occasion was dismissed on the point of limitation vide order dated December 15, 2006. The order passed by the Tribunal not being palatable to the assessee came to be challenged by him before the High Court in an appeal under Section 260A of the Income-tax, Act. The High Court allowed the appeal, set aside the dismissal and remanded the matter to the Tribunal to hear the same on th...
Narayan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-28-2008
Reported in: 2008CriLJ1657; 2008(2)MPHT138
S.L. Kochar, J.1. The appellants, by preferring this appeal, have challenged their conviction under Sections 341, 323 and 325 read with Section 34 of the Indian Penal Code, and sentences passed by the learned Addl. Sessions Judge, West Nimar, Mandleshwar by judgment dated 14-3-95 in S. No. 121/93 thereby sentencing each of the appellants to pay a fine of Rs. 200/-, in default of payment of fine to suffer S.I. for ten days, fine Rs. 300/-, in default of payment of fine to suffer S.I. for three months and R.I. for four years with fine of Rs. 500/-, in default of payment of fine to suffer additional S.I. for six months, respectively.2. The prosecution case as unfurled before the Trial Court is that on 13-9-92 in the evening at 4.05 PM the complainant Gabru (P.W. 2) and his brother Pratap (P.W. 3) were returning back in a bullock cart from their field and when they were passing through the field of appellant No. 1 Narayan who was sitting there, met them. Narayan objected to their taking of...
Nanda S/O Sakhaji Mali Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-28-2008
Reported in: 2008(4)MPHT50
S.K. Kulshrestha, J.1. The appellant has preferred this appeal against the judgment dated 16-3-1995 of the learned Sessions Judge, Ratlam in Sessions Trial No. 72/1994 by which the appellant has been convicted under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to R.I. for one year and fine of Rs. 3,000/-. In case of default in payment of fine, the judgment directs him to suffer further imprisonment for three months.2. According to the case of the prosecution, on 2-4-1994, information was received by the SHO Sunil Yadav, P.W. 4 from a source that in Village Manankheda the accused had, in his field, cultivated Ganja (Cannabis) Plant without any license for the said cultivation. The information was recorded in Exh. P-1 and Sunil Yadav proceeded to the spot along with the Police force where he found the accused. The accused was informed that the Police wanted to take search of his field and if he desired search by any Gazetted Off...
Smt. Satya Prakashi Parsadia Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-25-2008
Reported in: 2008(3)MPHT264
ORDERRajendra Menon, J.1. Petitioner who is the elected President of Municipal Council, Dabra feels aggrieved by the action taken by the respondents in proposing to recall her under Section 47 of the MP. Municipalities Act, 1961 (hereinafter referred to as 'the Act of 1961') and the direction issued to the State Election Commissioner for holding the election for recall of the petitioner.2. Facts in brief necessary for disposal of this petition are that election to the Municipal Council, Dabra for electing councillors and President was held on 20th November, 2004, the results were declared on 24th November, 2004 and petitioner was elected as a President by the State Government. Grievance of the petitioner in this petition is 20 councillors are alleged to have submitted a representation to the Collector on 3rd November, 2007 under Section 47 of the Act for recalling her. It is stated that this proposal for recall has been accepted by the Collector and the Collector in accordance with Sec...
Manoj Kumar Pandya Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-25-2008
Reported in: 2008(3)MPHT343
ORDER1. In the writ petitions the constitutional validity of Explanation 5, Rule 9(b) and Rule 9(c) of M.P. Panchayat Samvida Shala Shikshak (Employment and Condition of Contract Rules), 2005 (hereinafter to be referred to as 'the Rules') and corresponding pari materia Rules called M.P. Nagriya Nikay Samvida Shala Shikshak (Employment and Condition of Contract Rules), 2005 (hereinafter referred to as 'Rules') has been assailed.2. Facts are being referred to from W.P. No. 10200/2006. The petitioners applied for appointment as contract teacher Grade III pursuant to the advertisement published in Rojgar and Nirman dated 8-5-2006 having qualification of B.A. and B.Ed. The grievance of the petitioners is that Rule 9(c) of the Rules provide 20 marks to be awarded to the candidates of:- Samvida Shala Shikshak Grade I for B.Ed./B.Ed. (Special Education)- Samvida Shala Shikshak Grade II for B.Ed/B.Ed. (Special Education)/B.T.C./D.Ed./D.S.E.- Samvida Shala Shikshak Grade III for D.Ed./B.T.C./D.S...
Oriental Insurance Company Ltd. Vs. Indrapal and ors.
Court: Madhya Pradesh
Decided on: Jan-24-2008
Reported in: 2008(3)MPHT304
ORDERA.K. Shrivastava, J.1. These two appeals have arisen out of an award dated 26th August, 2004 passed by learned II Additional Motor Accidents Claims Tribunal, Shahdol in Claim Case No. 11/2001.2. M.A. No. 70/2005 has been filed by the Insurer praying to dismiss the claim application by setting aside the impugned award and M.A. No. 456/2005 has been filed by the claimant for enhancement of the award. Since both these appeals have arisen out of a common award, they are being disposed of by this common order.3. In brief the case of claimant Indrapal as borne out from the application under Section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') is that on 7-4-2000 he was going to his village in a bus which was being driven by Awadhesh Patel and was owned by Ram Prasad Pandey, who were arrayed as non-applicant Nos. 2 and 1, respectively in the claim petition. As soon as the claimant alighted from the bus, driver started and drove the bus rashly and negligently, as a result of w...
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