Court : Madhya Pradesh
Decided on : Nov-17-1999
Reported in : 2(2000)ACC318
Shambhoo Singh, J.1. This judgment shall govern disposal of Misc. Appeal Nos. 417/97, 418/97 and 512/97 as they arise out of the same accident.2. Facts of the case, in brief, are that on 10.4.1995 claimants Mukesh and Ramesh were going on scooter No. M.P. 09-4754 towards Shivaji statute from the office of Public Service Commission, Indore. This scooter was being driven by Mukesh. When they reached near Medical College Hospital, the respondent/non-applicant No. 2 Abdul Aziz came from opposite side driving Ambassador Car No. M.P.F. 1541 belonging to respondent/non-applicant No. 1 Nepal Singh and insured with N.A. No. 3 United India Insurance Company (appellant in M.As. Nos. 417/98 and 418/97) in rash and negligent manner and dashed against the scooter as a result of which Ramesh and Mukesh sustained grievous injuries and became permanently disabled. Applicant-claimant Mukesh filed (M.A. No. 512/97) Claim Case No. 220/95 claiming compensation of Rs. 3,58,000/-.Respondent-claimant Ramesh f...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-30-1999
Reported in : 1999CriLJ2438
R.P. Gupta, J. 1. This reference Under Section 12 of the Contempt of Courts Act has been made by Shri U. C. Mishra, J.M.I.C. Sidhi against Shri Virendra Singh Parihar, Advocate, Sidhi in so far as he attempted to intimidate Shri M.C. Soni, J.M.I.C, Sidhi by filing criminal complaint against him for alleged offences committed by Shri Soni punishable Under Section 217/219 and 166. IPC. Section 166 provides punishment against public servant disobeying law with intent to cause injury to any person. Section 217 provides punishment against public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Section 219. IPC provides punishment against public servant corruptly making report contrary to law in judicial proceedings.2. The complaint dated 10-10-96 filed by the contemner against Shri Soni and co-accused Abhiramsingh Tiwari S.D.P.O. was that a private complaint filed by this contemner against One N. K, Shrivastava for various offences ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-30-1999
Reported in : 1999(2)MPLJ236
ORDERR.P. Gupta, J.1. This reference under Section 12 of the Contempt of Courts Act has been made by Shri U.C. Mishra, J.M.I.C. Sidhi against Shri Virendra Singh Parihar, Advocate, Sidhi insofar as he attempted to intimidate Shri M.C. Soni, J.M.I.C., Sidhi by filing criminal complaint against him for alleged offences committed by Shri Soni punishable under Sections 217/219 and 166, Indian Penal Code. Section 166 provides punishment against public servant disobeying law with intent to cause injury to any person. Section 217 provides punishment against public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Section 219, Indian Penal Code provides punishment against public servant corruptly making report contrary to law in judicial proceedings.2. The complaint dated 10-10-1996 filed by the contemner against Shri Soni and co-accused Abhiramsingh Tiwari S.D.P.O. was that a private complaint filed by this contemner against one N.K. S...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-16-1999
Reported in : AIR1999MP206; 1999(2)MPLJ409
Dipak Misra, J. 1. Life without education is sans 'clan vital', a body without a soul, eyes without sight, ear without power to hear and mind without sensibility.In the case of Sitam Seshanka v. Principal, College Pharmaceutical Science, AIR 1997 Orissa 62 the Court while dealing with the role of a 'Gum' as a teacher, observed as under:--'Shastras' put the 'Guru' on a pedestal making him equivalent to God and treat him as one who enlightens, illumines, guides, paves the path of light, unfolds the bright horizon amidst the encircling gloom, expands his sura enigmatically reaching the true follower, and he is also the one who transfer his sense of originality, duty of accountability and progressive creativity to the duti bus disciple leaving his lively footprints on the sands of time. In turn, the disciple follows him with reverence, acts in veneration and obeys with obeisance.'We have delved into the role of a 'Guni' because of what we are going to state later on.2. The moot question th...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-25-1999
Reported in : AIR1999MP218; 1999(2)MPLJ451
V.K. Agarwal, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955, (hereinafter called as 'Act' for short), challenging the judgment and decree dated 19-3-1998, allowing the petition of the respondent under Section 13 of the 'Act' and granting him a decreeof divorce against the appellant-wife.2. Undisputedly, the appellant was married to the respondent on 26-1-1989 in accordance with Hindu rites. A son Goldi was born out of the said wed-lock on 28-11-89. Appellant-wife has also given birth to her second son on 30-9-1997, while the petition for divorce by the respondent was pending in the lower Court.3. The respondent-husband filed an application for divorce. It was averred by him that he was married to the appellant in 'Samuhik Vivah Sammelan' held by 'Rathore Chhatriya Sabha' Jabalpur, The respondent/petitioner lived with his wife - the appellant, and gave birth to their son Goidi. The appellant-Amita, however, started demanding money on threats that on the failure...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-20-1999
Reported in : AIR2000MP40
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the order dated 15-6-1999 (Annexure P-6) and order dated 17-6-1999 (Annexure P-7) passed by the respondent No. 1 State of Madhya Pradesh.2. The petitioner was Mayor of the Municipal Corporation, Kathni. He was absent in all the five meetings of the Corporation held on 30-4-1998, 5-5-1998, 3-7-1998, 26-12-1998 and 30-3-1999. Section 17(2)(c) of the M.P. Municipal Corporation Act, 1956 (hereinafter to be referred to as the Act) provides that if any Mayor absents himself during six consecutive months from the meetings of the Corporation except 'with the leave of the Corporation' he shall be disabled from continuing to be a Mayor and his office shall become vacant. Sub-section (3) of Section 17 further provides that in every case the authority competent to decide whether a vacancy has occurred shall be the Government. The proviso to this sub-section provides that no order under this sub-sect...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-14-1999
Reported in : 1999(2)MPLJ525
S.P. Khare, J.1. Appellants Mohammad Akhtar and Mohammad Ali Naved have been convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) and have been sentenced to rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- each. In default of payment of fine, they have been sentenced to rigorous imprisonment for two years each.2. It is not in dispute that Fiat Car B.L.O. 149 was passing through Bijawar check post on 4-10-1992 at 2 a.m. It was intercepted and checked. Appellants Mohammad Akhtar and Mohammad AH Naved were inside this car. There was a lady and children also in this car. This car was coming from Bihar and it was going to Bombay.3. The prosecution case is that on search of the diggi of this car, a tin box was found. That tin box contained 10 kgs of Charas wrapped in a piece of cloth. Charas was seized as per seizure memo Ex. P-l. There were certain other articles and the registration certificate...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-14-1999
Reported in : 1999CriLJ3779
ORDERS.P. Khare, J.1. Appellants Mohammad Akhtar and Mohammad Ali Naved have been convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) and have been sentenced to rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- each. In default of payment of fine, they have been sentenced to rigorous imprisonment for two years each.2. It is not in dispute that Fiat Car B.L.0.149 was passing through Bijawar check post on 4-10-1992 at 2 a.m. It was intercepted and checked. Appellants Mohammad Akhtar and Mohammad Ali Naved were inside this car. There was a lady and children also in this car. This car was coming from Bihar and it was going to Bombay.3. The prosecution case is that on search of the dickey of this car, a tin box was found. That tin box contained 10 kgs of charas wrapped in a piece of cloth. Charas was seized as per seizure memo Ex. P.-1. There were certain other articles and the registration cert...
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