Madhya Pradesh Court February 2008 Judgments
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Kamla Nehru Balika Uchchatar Madhyamik Vidyalaya Vs. State of Madhya P ...
Court: Madhya Pradesh
Decided on: Feb-26-2008
Reported in: [2008(117)FLR827]; (2008)IIILLJ186MP
Viney Mittal, J.1. The petitioner before this Court is a society running a private aided educational institution. It has challenged a circular dated July 17, 2000 (Annexure-D), whereby it has been laid down that the provident fund with regard to the employees of aided institutions with effect from August 1,1982, would be the responsibility of the management of the institution itself and not of the State Government.2. The facts on record depict that the petitioner-society runs a school in the name of Shri Kamla Nehru Balika Uchchatar Madhyamik Vidyalaya, Indore. The school run by the petitioner-society receives grant-in-aid from the State Government. Under the provisions of the then Central Provinces and Berar Education Manual, 1928, there was a' scheme for constituting a provident fund for teachers in non-pensionable service. The proportion of contribution to be paid by the teachers was specified. The contribution by the Government and by the management of the school was also detailed....
New India Assurance Co. Ltd. Vs. Basakya and ors.
Court: Madhya Pradesh
Decided on: Feb-26-2008
Reported in: 2009ACJ1038
N.L. Mody, J.1. This order shall also govern the disposal of M.A. Nos. 1762 and 2010 of 2007, as in all the appeals the impugned award is dated 6.4.2007 passed by Addl. M.A.C.T., Kukshi, District Dhar in Claim Case No. 44 of 2006 whereby the claim petition filed by respondent No. 1 was allowed and a sum of Rs. 1,00,000 was awarded on account of death of minor Mahesh, son of respondent No. 1.2. M.A. No. 2015 of 2007 is filed by the appellant insurance company, wherein the appellant is aggrieved by the direction of the learned court below whereby appellant has been directed to pay the amount of Rs. 1,00,000 and recover the same from respondent Nos. 2 and 3. In M.A. No. 1762 of 2007, which is filed by respondent No. 1-claimant the grievance of respondent No. 1 is that the amount awarded by the learned Tribunal is on lower side, which deserves to be enhanced. In M.A. No. 2010 of 2007 which is an appeal filed by the respondent Nos. 2 and 3 wherein the grievance of respondent Nos. 2 and 3 ar...
Devendra Kumar Paliwal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-25-2008
Reported in: 2008(2)MPHT268
ORDERViney Mittal, J.1. An auction of a property belonging to the Municipal Council, Agar, respondent No. 3, was held on March 22, 1998. In the aforesaid auction, respondent No. 5 Mahesh Kumar Paliwal, participated as a bidder. The bid offered by respondent No. 5 for an amount of Rs. 2,22,222/-, being the highest bid, was accepted. However, no amount, whatsoever, was ever deposited by respondent No. 5 in pursuance to the acceptance of his bid by the Municipal Council. Even the notices served by the Municipal Council (Annexures R-3/1 to R-3/4) on respondent No. 5 remained un-responded.2. However, on June 1, 1999, after expiry of a period of more than one year, respondent No. 5 filed an application before the Municipal Council, with a plea that in the auction proceedings, he had merely participated as a representative of the petitioner Devendra Kumar Paliwal and had no personal interest, either in the bid or in the proceedings, and therefore, he be permitted to make a deposit of the amou...
Baboo Khan and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2008
Reported in: 2009CriLJ125
Prakash Shrivastava, J.1. This Criminal Appeal has been filed against the judgment of the trial Court dated 25.05.1993 by which appellants have been convicted for offence under Section 302 read with Section 34 of the I.P.C. and sentenced for imprisonment of life.2. The prosecution story is that on 23rd September, 1989 at 8.15 p.m. Jahid Baksh (PW4) and his brother Tahir had taken their buffaloes to the hand pump in front of Masjid of Ghansu Munshi for giving water. Accused Tohid was filling water in his buckets at the hand pump. The buffaloes of Jahid Baksh and Tahir drank water from the buckets of accused Tohid, on which Tohid started abusing, which led to an altercation between both the parties, on which Tohid picked up a lathi which was brought by Jahid to move the buffaloes and assaulted Jahid on his back and left the spot saying that 'I will call Baboo'. After sometime Tohid and Baboo came with the sword. When the accused came, at that time, Jahid Baksh was collecting his buffaloe...
Bhanwri Bai and ors. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Feb-25-2008
Reported in: 2009ACJ1319
S.K. Seth, J.1. Death has an inexorable finality about it. Human life that has been lost was precious and in that sense priceless and invaluable. But the law can compensate the estate of a person whose life is lost by the wrongful act of another only in the way the law is equipped to compensate, i.e., monetary compensations calculated on certain well recognised principles. 'Loss to the estate' which is the entitlement of the estate and the 'loss of dependency' estimated on the basis of capitalised present value awardable to the dependants and heirs are the main components in the computation of compensation in fatal accident actions.2. On 24.1.2003, Ashok Kumar, a cook employed in C.R.P.F., lost his life in a road accident in Baramula in Jammu & Kashmir. Claimants are his widow and children. They are in appeal under Section 173 of Motor Vehicles Act, 1988, against the award dated 30.1.2006 passed by the M.A.C.T., Manasa, District Neemuch in Claim Case No. 17 of 2005. By the impugned awa...
Ramesh Singh Vs. Subhash Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-25-2008
Reported in: 2009ACJ1510
P.K. Jaiswal, J.1. This appeal and M.A. No. 771 of 2000 arise out of common award passed by the Member, Motor Accidents Claims Tribunal in Claim Case No. 44 of 1994; decided on 26.8.2000. M.A. No. 771 of 2000 is filed by the claimant Darshanlal arising out of the Claim Case No. 43 of 1994 for enhancement of compensation. As both these appeals arise out of the same accident, they are heard together and disposed of by this common judgment.2. In M.A. No. 768 of 2000, on the date of accident, i.e., 27.11.1993 the claimant was working as cleaner on truck bearing No. MP 06-E 0024 and his salary was Rs. 1,000 per month plus Rs. 30 daily diet allowance. On account of negligence of driver of truck bearing No. MP 06-E 0024, he sustained injuries and was admitted in the hospital from 29.11.1993 to 30.11.1993 and again from 17.12.1993 to 10.1.1994. His right leg was amputated from knee (amputated stump at femur). The claimant Ramesh filed Claim Case No. 44 of 1994 claiming compensation of Rs. 10,7...
Geete R.K. Vs. Deputy Managing Director and Corporate Development Offi ...
Court: Madhya Pradesh
Decided on: Feb-22-2008
Reported in: [2008(118)FLR314]; (2008)IIILLJ866MP
Dipak Misra, J.1. In this writ appeal preferred under Section 2(1) of the MP- Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 justifiability and cogency of the order dated April 18, 2006 passed by the learned single Judge in W.P. No. 281/1999 is called in question. The facts which are imperative and indispensable to be enumerated are that the appellant-petitioner (hereinafter referred to as 'the appe lant') was serving on the post of Assistant Manager in Jain Mandir Gas Relief Extension Counter, Bhopal of the State Bank of India and was the custodian of the said Extension Counter. On a surprise check made on April 28, 1992 it was found that there was shortage of Rs. 1,00,000 and accordingly an FIR was lodged. The appellant was prosecuted under Section 409 of the Indian Penal Code (for short 'the IPC) and was convicted by the Trial Court. On an appeal being preferred the learned Additional Sessions Judge reversed the judgment of conviction and recorded acquittal on the grou...
Banesingh Vs. Leelabai and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2008
Reported in: 2009ACJ126
N.K. Mody, J.1. Being aggrieved by the award dated 14.8.2006, passed by Additional M.A.C.T., Nursinghgarh, in Claim Case No. 3 of 1998, filed by the respondent Nos. 1 to 5, whereby in a death case learned Tribunal awarded a sum of Rs. 3,62,000 and exonerated respondent No. 6 from the liability of compensation, the present appeal has been filed.2. Short facts of the case are that respondent Nos. 1 to 5 filed a claim petition alleging that on 26.5.1997, the deceased Bankatlal was going in a bus from Khujner to Jeerapur. It was alleged that in the way when deceased was sitting on roadside, as the bus was out of order at about 10.10 p.m., at that time a motor cycle, which was bearing registration No. MP 04-H 1536, which was being driven by appellant dashed the deceased, with the result Bankatlal died. It was alleged that respondent No. 6 is the owner of the vehicle. It was alleged that since the deceased died because of rash and negligent driving of appellant, therefore, appellant and resp...
R.K. Geete Vs. Deputy Managing Director and Corporate Development Offi ...
Court: Madhya Pradesh
Decided on: Feb-22-2008
Reported in: 2009(2)MPHT409; 2009(3)SLJ455(NULL)
ORDERDipak Misra, J.1. In this writ appeal preferred under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 justifiability and cogency of the order dated 18-4-2006 passed by the learned Single Judge in W.P. No. 281/99 is called in question.2. The facts which are imperative and indispensable to be enumerated are that the appellant-petitioner (hereinafter referred to as 'the appellant') was serving on the post of Assistant Manager in Jain Mandir Gas Relief Extension Counter, Bhopal of the State Bank of India and was the custodian of the said Extension Counter. On a surprise cheque made on 28-4-1992, it was found that there was shortage of Rs. 1,00,000/- and accordingly an FIR was lodged. The appellant was prosecuted under Section 409 of the Indian Penal Code (for short 'the IPC) and was convicted by the Trial Court. On an appeal being preferred the learned Additional Sessions Judge reversed the judgment of conviction and recorded acquittal on the grou...
Oriental Insurance Co. Ltd. Vs. Rajesh and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2008
Reported in: 2009ACJ1254
N.K. Mody, J.1. Being aggrieved by the award dated 13.5.2002 passed by the Additional Member, M.A.C.T., Sonkutch in Claim Case No. 23 of 2000 whereby the claim case filed by one Rajesh, respondent No. 1 herein was allowed and a sum of Rs. 2,55,880 was awarded for which the respondent Nos. 2 and 3 along with the appellant were held liable for payment of compensation jointly and severally, the present appeal has been filed.2. Short facts of the case are that one Rajesh who is respondent No. 1 herein filed a claim petition before the learned Tribunal alleging that on 2.11.1999 at about 1.30 p.m. respondent No. 1 met with an accident with a Maruti car bearing engine No. 1945397, chassis No. 361194 which was driven rashly and negligently by respondent No. 2, owned by respondent No. 3 and insured with appellant insurance company. It was alleged that because of rash and negligent driving of respondent No. 2, respondent No. 1 sustained injuries, hence the claim case be allowed and compensation...
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