Madhya Pradesh Court September 2012 Judgments
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National Insurance Company Limited Vs. Sudhakar Prasda Agnihotri
Court: Madhya Pradesh
Decided on: Sep-28-2012
(1) Misc. A. No.3808/06 and MA 3438.06 HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : HONBLE JUSTICE M.A. SIDDIQUI. Miscellaneous Appeal No.3808/06 Sudhakar Prasad Agnihotri & others APPELLANTS VERSUS Lalji Kori and 2 others. RESPONDENTS AND Miscellaneous Appeal No.3438/06 National Insurance Co.Ltd. APPELLANT VERSUS Sudhakar Prasad Agnihotri and 5 others RESPONDENTS PRESENT: Shri A.D. Mishra , Advocate for appellants/Claimants (in MA No.3808/06) and respondents No.1 to 4 in M.A. No.3438/06). Shri Rakesh Jain with Rohit Jain Adv. for respondent No 3 National Insurance Co.Ltd (in MA No.3808/06) and appellant (in M.A. No.3438/06) . ORDER RESERVED on 13.09.2012 ORDER DELIVERED on 28.09.2012 ORDER ( 28.09.2012) This order shall govern the disposal of Misc.Appeals No.3808/06 and 3438/06 as they arise in a common award passed by tribunal arising out of one accident. Since both the aforesaid appeals are counter case and arose from the common order/award dated 28.6.2006 passed by the Fi...
Raghvendra Prasad Ojha Vs. Kamal Singh Gond
Court: Madhya Pradesh
Decided on: Sep-28-2012
M.A.No.1154/12. 28.09.2012 Mrs.A.Ruprah, Advocate for appellant. Heard on IA No.9565/12, an application for extension of time. Learned counsel for appellant submits that by Order dated 15.5.12 this Court ordered the appellant to deposit Rs.50,000/- within a period of 60 days, meaning thereby the amount was to be deposited on or before 15.07.12. Counsel submits that the amount was deposited by the appellant on 1.8.12 and thereby some delay was caused in depositing the amount. IA No.9565/12 is allowed. Time is extended up to 1.8.12 to deposit the amount. Heard on the point of admission. Perused the record. Appeal seems to be arguable, hence admitted for final hearing. Learned counsel for appellant submits that she has already filed PF by both modes. Office is directed to issue notice to respondents on the PF already paid. IR dated 15.5.12 to continue till the final decision of this appeal or until otherwise ordered by this Court. C.c.as per rules. (M.A.Siddiqui) Judge. Jk....
Smt.Sushila Devi Vs. Ku.Priyanka Kol
Court: Madhya Pradesh
Decided on: Sep-28-2012
M.A.2484/2012. 28.09.2012 Shri Sanjay Verma, Adv.for the appellant/s. Heard on the point of admission. Perused the copy of award. The appeal seems to be arguable hence admitted for final hearing. Also heard on I.A.No.9747/12 an application for stay. Learned counsel for the appellant submits that learned 4th Additional Motor Accident Claims tribunal, Satna has passed an award of Rs.4,00,000/- in Claim C No.26/11 on 25.6.12 against owner and driver of the vehicle and exonerated the Insurance Co.Appellant is owner he is a poor person and he has no means to deposit the amount although statutory amount of Rs.25,000/- has been deposited before the tribunal hence execution of further amount may kindly be stayed. Looking to the facts and circumstances of the case aforesaid I.A is hereby allowed. If appellant deposits Rs.75,000/- (Rs.Seventy five thousand only) within sixty days from today, then execution of the remaining amount shall remain stayed till next date of hearing. Issue notice to res...
Bhaiya Lal Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-28-2012
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SINGLE BENCH PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.2342/1996 Bhaiyalal Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Shri Anurag Sahu, Advocate. For the respondent: Shri S. K. Kashyap, Public Prosecutor. ........................................................................................................... JUDGMENT (Delivered on the 28th day of September, 2012) The appellant has preferred this appeal against the judgment dated 22.12.1995 passed by the Xth Additional Sessions Judge, Jabalpur in ST. No.1113 of 1994 whereby the appellant was convicted for offence punishable under Section 376(2)(f) of I.P.C and sentenced for 10 years rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine, six months rigorous imprisonment is also awarded.2. The prosecution's case, in short, is that...
Baldev Prasad Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-28-2012
W.P.No.16350/12 (s) 28/09/12 Shri A.K.Singh, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.for the State. Petitioner is working in the Water Resources Department and has been transferred from Distt. Hoshangabad to Distt. Harda. Challenge to the order of transfer is made mainly on the grounds of personal inconveniences of the petitioner. Considering the fact that the representation of the petitioner in this regard is pending and the question of inconveniences expressed by the petitioner are to be considered and appreciated by the competent authority of the department, without entering into the controveRs.on merit, it is directed that on the petitioner's filing a certified copy of this order along with relevant documents before the competent authority of the State Govt. within one week from today, the said authority shall take a decision on the representation of the petitioner. Till the aforesaid exercise is not completed, status quo with regard to working and...
Ramesh Kumar Gauli Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-28-2012
Ramesh Kumar Gauli versus State of M.P.& ORS.Writ Petition No.10446 / 2008 (s) 28.9.2012: Shri D.S.Chauhan, learned counsel for the petitioner. This petition was filed in the year 2008, it is yet to be admitted and it is listed today for admission. It was listed once on 22.10.2008 and was adjourned, as none appeared for the petitioner. Matter pertains to appointment of Panchayat Karmi to the Panchayat in question and challenge is made to an order passed by the Collector namely the appellate authority rejecting the appeal. The orders passed by the Collector indicated that appeal was filed against a resolution dated 20.8.2007, on the ground that an appeal against the resolution was not maintainable, appeal has been rejected, and reference is made to various orders of this Court where the said legal principle is laid down. Learned Collector has referred to all these judgments of this Court wherein it has been held that an appeal against resolution was not maintainable, accordingly, in rej...
i.C.i.C.i. Lombard Gic Ltd. Vs. Smt.Choti Bai
Court: Madhya Pradesh
Decided on: Sep-28-2012
M.A.2585/2012. 28.09.2012 Shri V. Mishra, Adv.for the appellant. Heard . Call for the record of the tribunal and list for admission. Also heard on I.A.No.10376/12 an application for stay. Learned counsel for the appellant submits that learned 3rdAdditional Member Motor Accident Claims tribunal, Jabalpur has passed an award of Rs.3,62,000/- in MAC C No.53/11 on 31.7.12 and statutory amount of Rs.25,000/- has been deposited before the tribunal and execution of further amount may kindly be stayed. Looking to the facts and circumstances of the case aforesaid I.A is here by allowed. If appellant deposits within sixty days, half of the amount awarded by the tribunal including the statutory amount already deposited, then execution of the remaining half of the amount shall remain stayed till next date of hearing. Certified copy as per rules. (M.A.SIDDIQUI) JUDGE Ag/...
Hariharnath Sonakiya Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-28-2012
W.P.No.16469/12 (s) 28/09/12 Shri Brijesh Choubey, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, learned Panel Lawyer for the State. Petitioner is working in the Ayurveda Department and is posted as Ausdhalaya Sevak in Govt. Ayurvedic Hospital Mohangarh, Distt. Tikamgarh. By the impugned order dated 13/07/12, he has been transferred to another hospital in Deri in the same district of Tikamgarh. Challenge to the order of transfer is made mainly on the ground that petitioner is being shifted only because there is some complaint against respondent No.3 and respondent No.3 has to be transferred. Inter alia contending that petitioner should not be transferred for this purpose, this writ petition has been filed and various personal inconveniences are indicated for challenging the order of transfer. The grounds raised by the petitioner are not such on the basis of which judicial review into an administrative order of transfer is permissible. Accordingly, finding no case made o...
Ram Lal Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-28-2012
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Appeal No.1917/1997 Ram Lal VERSUS State of Madhya Pradesh --------------------------------------------------------------------------- Shri Abhinav Dubey, counsel for the appellant. Shri Puneet Shroti, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- JUDGMENT (Delivered on the 28th day of September, 2012) The appellant has preferred this appeal against the judgment dated 29.8.1997 passed by the learned First Additional Sessions Judge, Damoh in S.T.No.177/1995, whereby the appellant was convicted for the offence punishable under section 304 (Part-II) of IPC and sentenced for 5 years' rigorous imprisonment with fine of Rs.2,000/-. In default of payment of fine, rigorous imprisonment for 3 months' was also directed.2. Prosecution's case, in short, is that, on 22.7.1995, at about 9 a.m. in the morning, the deceased Komal Sin...
Trilok Chandra Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-28-2012
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Appeal No.1958/1996 Trilok Chandra @ Tillu VERSUS State of Madhya Pradesh --------------------------------------------------------------------------- Shri Narayan Dubey, counsel for the appellant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- JUDGMENT (Delivered on the 28th day of September, 2012) The appellant has preferred this appeal against the judgment dated 11.10.1996 passed by the learned Additional Sessions Judge, Sihora in Special Case No.63/1993, whereby the appellant was convicted for the offence punishable under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred as 'Special Act') and sentenced for 6 months' rigorous imprisonment with fine of Rs.500/-, in default of payment of fine, rigorous imprisonment for 3 months'.2. Prosecution's case, i...
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