Madhya Pradesh Court February 2008 Judgments
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Pinki and ors. Vs. Swamilal Patel and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2008
Reported in: 2009ACJ1385
Rajendra Menon, J.1. This is claimants appeal under Section 173 of the Motor Vehicles Act, 1988, assailing the award dated 15.7.2001 passed by the Third Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 35 of 2000 and seeking enhancement of the compensation awarded.2. Claimants are the legal heirs of deceased Naresh who is said to be working as an electrician. It is stated that on 30.3.2000 at about 12.45 in the afternoon Naresh was standing in front of his shop and repairing a tractor which had some electrical problems when a truck bearing No. MPG 5867 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 came and dashed against the tractor, as a result Naresh sustained serious injuries and succumbed to the same. Claiming Naresh to be aged about 26 years old and earning a salary of Rs. 6,000 per month, compensation was claimed. The learned Tribunal, after assessing the facts and circumstances of the case, assessed the age of deceas...
Nirmala and ors. Vs. Jitendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2008
Reported in: 2009ACJ1485
A.M. Sapre, J.1. This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act, 1988, against an award dated 29.8.2005 passed by the learned Member, M.A.C.T., Indore (M.P.) in Claim Case No. 79 of 2005. By impugned award the Tribunal has awarded a total sum of Rs. 4,18,000 for the death of one Kundanlal. This appeal is filed by claimants for enhancement as according to claimants, the compensation awarded to claimants by the Tribunal is on lower side and it should be enhanced in this appeal. So the question that arises for consideration in this appeal is whether any case is made out for enhancement in the compensation awarded by the Tribunal and, if so, to what extent and under what head(s)?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 or claimant or who is liable to pay compensation, etc. and whether offending vehicle is insured or not? It is for the reason that ...
Kamal Kumar Vs. Smt. Swarnkaur and anr.
Court: Madhya Pradesh
Decided on: Feb-06-2008
Reported in: [2008(117)FLR1148]
N.K. Mody, J.1. This order shall also govern the disposal of M.A. No. 2864/2005, as both the appeals are arising, against the order dated 23.6.2005, passed by Commissioner for Workmen's Compensation, Labour Court, Mandsaur, in Case No. 6/2003 W.C.N.F. M.A. No. 1504/2006, is filed by claimant while M.A. No. 2864/2005 has been filed by respondent No. 1.2. Short facts of the case are that the appellant Kamal Kumar, filed a claim petition alleging that on 11.4.1997 appellant was working as cleaner on a truck, bearing registration No. M.P.09K 4334, which was owned by respondent No. 1. It was alleged that appellant was earing Rs. 2,400/- per month, which was being paid by respondent Mo. 1. It was alleged that appellant was aged 23 years at the time, of accident. Further case of appellant was that one Umrao Singh Ahirwar was the driver of the offending truck, which was insured with, respondent No. 2. It was alleged that when the truck was coming from Ratlam to Neemuch, at about 05:00 a.m. at ...
Arjun Sahu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-05-2008
Reported in: 2008CriLJ2771
ORDERU.C. Maheshwari, J.1. The petition of the applicant filed under Section 439 of Cr.P.C. is being decided by this order.2. The applicant has been arrested on 30.3.2007 in connection of Crime No. 783/06 registered at Police Station Garha for the offence under Section 420, 467, 468, 471 and 120B r/w 34 of IPC.3. As per case of the prosecution the applicant being an advocate of Jabalpur practicing mainly in Motor Accident Claim cases with intention to have earn easy money advised the poor illiterate persons suffering from Gangrene or like other disease for preparation of their false claim cases under the Motor Vehicle Act while those persons were not the sufferers of vehicular accident. They have not only been advised by him but he also managed all affairs in this regard. In such connection, under conspiracy with the Doctor such poor persons were admitted in the Suvidha Hospital, Jabalpur where by carrying out surgery their concerning limbs were amputated and their medico legal reports...
Gopal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-05-2008
Reported in: 2008(2)MPHT208
A.P. Shrivastava, J.1. This appeal is directed against the judgment of conviction and sentence dated 30-6-2000 passed by the IIIrd Additional Sessions Judge, Shivpuri (M.P.) in S.T. No. 57/93 by which the appellant No. 1 Gopal and appellant No. 2 Trilok Singh have been convicted under Section 326 of IPC and sentenced to undergo rigorous imprisonment for four years each with a fine of Rs. 5,000/- each. Appellant No. 3 Lakkhu alias Lakhan Singh has been convicted under Section 326 read with Section 34 of IPC and sentenced to undergo rigorous imprisonment for four years with a fine of Rs. 5,000/-. Further, all the appellants have also been convicted under Section 367 of IPC and sentenced to undergo rigorous imprisonment for four years each with a fine of Rs. 1,000/- each with default stipulations.2. During the pendency of this appeal, appellant No. 4 Pappu alias Satpal expired, therefore, this appeal so far as it relates to the appellant No. 4 Pappu alias Satpal is dismissed being abated....
Smt. Radha Mishra Vs. Secretary, Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Feb-05-2008
Reported in: 2008(2)MPHT421
ORDERAbhay M. Naik, J.1. This order would dispose of W.P. Nos. 7147 and 8515 of 2007. Reference to Annexures is taken from W.P. No. 7147/2007 unless mentioned otherwise. Petitioners in both the writ petitions passed the High School Certificate Examination conducted by the Board of Secondary Education, M.P. Thereafter, they passed the examination of Uttar Madhyama in Sanskrit conducted by Bhartiya Vidya Bhawan, Mumbai. Marksheet of petitioner No. 1 (W.P. No. 7147/07) is Annexure P-2.2. An advertisement was published on 23-8-2006 in the daily newspaper Dainik Bhaskar inviting thereby application for D.Ed, course of the year 2006-2007. Pursuant thereto, applications were submitted by the petitioners for seeking admission in D.Ed. Petitioners submitted applications for seeking permission to appear in the examination of D.Ed. Course which has been turned down by the Board of Secondary Education, M.P., Bhopal vide Annexure P-l on the ground that the petitioners did not possess the requisite ...
ParvIn Bobby and ors. Vs. Parimal Singh and anr.
Court: Madhya Pradesh
Decided on: Feb-05-2008
Reported in: 2009ACJ85
Rajendra Menon, J.1. As both these appeals (M.A. Nos. 903 and 905 of 2004) arise out of a common award passed by the Third Motor Accidents Claims Tribunal, Morena (for short 'Claims Tribunal') in Claim Case Nos. 6 and 15 of 2004, they are being disposed of by this common order.2. Appellants in both these appeals are the legal heirs of deceased Shahbuddin and Bakil Singh. Shahbuddin and Bakil Singh were employed as drivers by one Parimal Singh, who was the owner of truck bearing No. MP 06-E 2773. On the date of accident, i.e., 15.11.2002 both Shahbuddin and Bakil Singh were coming from Guntur to Delhi in the said truck. The truck was being driven by Shahbuddin and Bakil Singh was sitting next to him. When the truck reached a turning near Hatnoor, Police Station Guddi, District Adilabad (AP), the truck dashed against another truck coming from opposite direction bearing No. MP 28-U 222. As a result of collision between both the trucks Shahbuddin and Bakil Singh sustained serious injury an...
Hindustan Food Products India Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-04-2008
Reported in: 2008CriLJ2724; 2008(3)MPHT203
ORDERB.M. Gupta, J.1. These two petitions(M.Cr.C.508/08 and M.Cr.C.509/08) are filed for invoking the inherent powers of this Court under Section 482 of Cr.P.C. for setting aside the two orders dt.7.1.2008 passed by Special Judge, Shoepur, in two different criminal appeals No. 161/05 and 160/05, whereby the learned Judge has rejected the applications filed on behalf of the petitioner under Section 391 of Cr.P.C. rejecting his prayer to decide the appeals considering the nomination order as an additional evidence in the case.2. The brief facts, which have been admitted by both the parties during the course of arguments are that the petitioner has been convicted for the offence punishable under Section 7/16 of the Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') in two different criminal trials. Feeling aggrieved, he has filed two criminal appeals which are pending in the Court of Special Judge, Sheopur at Criminal Appeals No. 161/05 and 160/05. During pendency, in both...
Subhash Chandra JaIn Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-04-2008
Reported in: 2008(3)MPHT379
ORDERB.M. Gupta, J.1. The instant petition is for setting aside the order dated 9th of December, 2004 passed by Additional Sessions Judge, Gohad, District Bhind in criminal revision No. 177/02 whereby the learned Judge has affirmed two orders dated 01.01.1999 and 19th September, 2002, passed by Additional Chief Judicial Magistrate Gohad, District Bhind in criminal case No. 385/1997 by which learned Magistrate has taken cognizance against petitioner with the aid of Section 319 of Cr.P.C. for the offence under Section 379 of IPC read with Section 39 and 44 of Indian Electricity Act, 1910 (hereinafter referred to as the Act).2(A). The facts in brief are, that on 24th September, 1996, a team headed by one R.S. Kushwah, Executive Engineer assisted by Executive Engineer Ram Singh and Assitant Engineer Vinod Bhadoria and four other officers of the Electricity Board (Board in brief) inspected the premises of M/S Jain Ferro Alloys Pvt. Ltd. (Company in brief) and detected theft of electricity. ...
Virendra Vs. Rajni
Court: Madhya Pradesh
Decided on: Feb-04-2008
Reported in: 2008(4)MPHT376
U.C. Maheshwari, J.1. The appellant/husband has preferred this appeal under Section 28 of the Hindu Marriage Act 1955 (for short `the Act') being aggrieved by the judgment and decree dated 25.8.2003 passed by the First Addl. District Judge, Betul in Civil Original Suit No. 41-A/02 passing the decree against him under Section 9 of the Act for restitution of conjugal rights.2. The facts giving rise to this appeal in short are that the respondent filed the petition under Section 9 of the Act contending that she got married with the appellant on dated 28.1.01 in accordance with the rites and rituals of the Hindu community at Arya Samaj, Chicholi. Subsequent to marriage, she was kept by the appellant in good atmosphere for two months but thereafter he harassed her on account of demand of dowry and ultimately she was left by the appellant at her parental home saying that he will bring her back after managing his family members to keep her in his family. It is further contended that on facing...
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