Madhya Pradesh Court April 2008 Judgments
Gram Panchayat Vs. Jagdish Singh Rawat and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2008
Reported in: 2008(4)MPHT132
A.K. Gohil, J.1. The appellant has filed this Writ Appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 29-8-2007 passed by the learned Single Judge in Writ Petition No. 2941/04(S).2. Brief facts of the case are that the respondent No. 1 was appointed as Panchayat Karmi and thereafter he was also notified as Panchayat Secretary by the prescribed authority i.e., the Collector. A show cause notice was issued to the petitioner/respondent No. 1 on 8-7-2004 by Joint Director, Panchayat and Social Welfare that why his powers as Panchayat Secretary be not withdrawn and he be de-notified to function as Panchayat Secretary. Reply of the aforesaid show cause notice was filed and thereafter on the basis of the order given by the Collector, the Joint Director communicated the order on 20-7-2004 denotifying the powers of the respondent No. 1 as Panchayat Secretary. Appeal against the aforesaid order was preferred befor...
Tag this Judgment!Leelawati and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2008
Reported in: 2008(4)MPHT470
ORDERA.K. Patnaik, C.J.1. The petitioners are permanent residents of Gram Panchayat, Baroli in Tehsil Ajaygarh. The Gram Panchayat, Baroli failed to appoint a Panchayat Karmi within the specified period and, therefore, the Collector in exercise of power under Section 86(2) of the Madhya Pardesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short 'the Adhiniyam') authorised the Chief Executive Officer, Janpad Panchayat, Ajaygarh to appoint a Panchayat Karmi of Gram Panchayat, Baroli. The Chief Executive Officer, Janpad Panchayat, Ajaygarh issued an advertisement inviting applications for appointment of Panchayat Karmi in Gram Panchayat, Baroli. Petitioners and other candidates applied in pursuance to the advertisement to the Chief Executive Officer, Janpad Panchayat, Ajaygarh. Thereafter, the Chief Executive Officer, Janpad Panchayat, Ajaygarh appointed the respondent No. 6 as Panchayat Karmi of Gram Panchayat, Baroli. Aggrieved, the petitioners have filed this writ petition under...
Tag this Judgment!Smt. Kailash Bai Patel Vs. Vijay Kumar Jaiswal and ors.
Court: Madhya Pradesh
Decided on: Apr-29-2008
Reported in: 2008(3)MPHT130
ORDERAjit Singh, J.1. This petition is directed against the order dated 27-6-2006 passed in MJC No. 14/2005 by the 5th Civil Judge, Class II, Jabalpur whereby he has rejected the petitioner's application under Order 21 Rule 29 read with Section 151 of the Code of Civil Procedure (in short 'the Code').2. An ex parte decree has been passed against the petitioner, who has filed an application under Order 9 Rule 13 of the Code for setting aside the same. The application is pending for adjudication in the Court of 3rd Civil Judge, Class II, Jabalpur. As the execution proceedings of the ex parte decree are also pending in the same Court, the petitioner filed an application under Order 21 Rule 29 read with Section 151 of the Code for staying the execution proceedings till the decision of the application for setting aside the ex parte decree.3. The Court below by the impugned order has held that the provisions of Order 21 Rule 29 of the Code were applicable only when a suit is pending against ...
Tag this Judgment!Y.D. Shukla and ors. Vs. High Court of Judicature of M.P. at Jabalpur ...
Court: Madhya Pradesh
Decided on: Apr-29-2008
Reported in: 2008(4)MPHT27
ORDERA.K. Patnaik, C.J.1. The petitioners, who are all judicial officers belonging to the M.P. Lower Judicial Service, have filed this writ petition with a prayer to declare the Second Proviso under Rule 5(1) of the M.P. Uchchatar Nyayik Sewa (Bharti Tatha Sewa Sharten) Niyam, 1994, as amended by notification dated 8th June, 2005 as ultra vires the Constitution of India.2. The relevant facts briefly are that in the year 1994, the M.P. Uchchatar Nyayik Sewa (Bharti Tatha Seva Sharten) Niyam, 1994 (for short 'the 1994 Rules') were framed by the Governor of Madhya Pradesh in consultation with the High Court of Madhya Pradesh under Article 233 read with the proviso to Article 309 of the Constitution of India. Rule 5(1) of the 1994 Rules provided for appointment to the posts of District Judge in Senior Time Scale by direct recruitment from the Bar and by promotion by selection on the basis of merit-cum-seniority from amongst officers belonging to the M.P. Lower Judicial Service. The First P...
Tag this Judgment!Shyamlal Sahu Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-29-2008
Reported in: 2008(4)MPHT477
ORDERU.C. Maheshwari, J.1. The appellant/claimant has preferred this appeal under Section 23 of the Railway Claims Tribunal Act (In short 'the Act') being aggrieved by the order-dated 21-1-1998 passed by the Railway Claims Tribunal, Bhopal in O.A. No. 789/96 dismissing his claim regarding death of his son in untoward incident.2. The facts giving rise to this appeal in short are that the appellant filed his claim under Section 16 of the Act contending that on 23-4-1996 his son Santosh Kumar Sahu, aged about 22 years was travelling in the Kurla Exp. (Holiday) from Bhopal to Bina with valid travelling ticket No. 30699, he fell down from the aforesaid running train and sustained the injuries. He was taken to hospital where during treatment he succumbed to such injuries. In such premises he preferred the claim for the sum of Rs. 2,00,000/-.3. In reply of the respondent, it is stated that the alleged incident is not untoward incident as defined under Section 123(c) of the Railway Act 1994. I...
Tag this Judgment!Manju and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Apr-29-2008
Reported in: 2009ACJ1500
Abhay Gohil, J.1. This is claimants' appeal filed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation, being aggrieved by the award dated 20.3.2003, passed by Seventh Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 14 of 2001.2. Brief facts of the case are that on 23.11.2000, deceased Tahsildar Singh was travelling on a motor cycle bearing registration No. MP 07-K 187 as a pillion rider. One Tilak Singh was driving the motor cycle and coming from Gohad to Gwalior. The motor cycle reached near Gurikha Chowki, one truck bearing registration No. MBW 1883 was going from Gwalior to Gohad and at the same time another tanker bearing the registration No. UP 78-B 0863 was coming from Gohad side. The tanker overtook the motorcyclist. At the same time, there was a collision between the truck and tanker, thereby the tanker was pushed back on account of the said push and tanker also hit the motor cycle. The motorcyclist could not see and real...
Tag this Judgment!Gulab Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-28-2008
Reported in: 2008(3)MPHT131
ORDERSushma Shrivastava, J.1. Applicant has preferred this revision against the appellate judgment dated 26-2-98 passed by IInd Additional Sessions Judge, Teekamgarh in Criminal Appeal No. 28/95, whereby the conviction of the applicant under Section 7(i)/16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as 'Act') recorded by Chief Judicial Magistrate, Teekamgarh and sentence passed on him are upheld.2. Applicant was tried for the offence under Section 7(i)/16(1)(a)(i) of the Act before the Chief Judicial Magistrate, Teekamgarh on the basis of complaint instituted by Food Inspector Nazar Mohd. It is alleged that on 25-5-89 at about 11 O'clock in the morning at Motor-stand Teekamgarh, during checking by Food Inspector Nazar Mohd. applicant was found carrying 12 litres of cow-milk in two cans for sale, which appeared to be adulterated. Food Inspector Nazar Mohd. Then purchased a sample of 750 ml of cow-milk from the applicant for analysis in presence of ...
Tag this Judgment!Narayan Gir Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Apr-26-2008
Reported in: 2008(4)MPHT189
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 30-4-1996 passed by learned Special Judge, Sehore in Special Case No. 1/ 95 convicting the appellant under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (in short 'the Act') and sentencing him to suffer R.I. of one year and fine Rs. 1000/-, in default, further imprisonment of three months under Section 7 and R.I. for two years and fine Rs. 1000/-, in default, further imprisonment of three months under Section 13(2) of the Act with the stipulation that both the sentences shall run concurrently, the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.2. In brief the case of prosecution is that a complaint dated 24-3-1994 was submitted by complainant Banshilal who is an agriculturist of village Uljhawan district Sehore in which it has been stated that appellant is serving on the post of Lineman and despite complainant had installe...
Tag this Judgment!Rajkumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-25-2008
Reported in: 2008(3)MPHT365
ORDERA.K. Gohil, J.1. Petitioner has filed this petition under Section 482, Cr.PC for quashing the proceedings pending before JMFC, Ganjbasoda as R.T. No. 1526/06 in connection with Crime No. 194/92.2. The brief facts of the case are that on 1-4-2005 at about 9.30 p.m. Akhil Jain and Anil Jain were returning on their motorcycle from their shop. In front of the Police Station, two known criminals and history sheeter of the town of Ganjbasoda namely Ajay Pahelwan and Durgesh Yadav, who were in drunken condition, stopped their motorcycle. There was altercation in which they took away Akhil's golden chain. They went to lodge the police report. A.S.I. K.S. Chandel was posted at Police Station and he was avoiding to lodge the report because he was having friendly relatjon with aforesaid two criminals. On the intervention of Additional S.P., Vidisha F.I.R. was written at No. 192/05 against Durgesh Yadav and Ajay Pehlwan under Sections 294, 341, 323, 506(B) of IPC but did not mention the fact ...
Tag this Judgment!Harcharan Rajpali Vs. the Collector and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2008
Reported in: 2008(5)MPHT322
ORDERK.K. Lahoti, J.1. In all the aforesaid cases, recovery initiated by respondent Zila Sahkari Kendriya Bank, Tikamgarh though Revenue Recovery Certificates (hereinafter referred to as 'RRC for short) issued by the Collector, Tikamgarh are under challenge.2. As the common questions of law are involved in all the aforesaid cases based on similar facts, all these cases are being decided by this common order.3. In W.P. No. 8707/2007, the petitioner has challenged RRC Annexure P-1, dated 18-4-2007 issued by the Collector, Tikamgarh on the ground that petitioner was an employee of Zila Sahkari Kendriya Bank, Tikamgarh (hereinafter referred to as 'Bank' for short) and was appointed as the Committee Manager in Prathmik Krishi Sakha Sahkari Samiti Maryadit, Shivpuri, Kundleshwar, District Tikamgarh. He was appointed in the year 1975 and continued in the service of the said society. He was promoted on the post of Supervisor on 2nd December, 1997 and served in the Samiti till his retirement on...
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