Court : Madhya Pradesh
Reported in : 2008(5)MPHT366
..... the appellants petitioners filed their reply to the show-cause notice and the board of management after considering their reply has found that the selection committee was contrary to rule 23 of the moa, hence, terminated the appointments of the appellants petitioners.being aggrieved by the termination of their services, appellants filed writ petitions before this court. ..... for appointment of lecturers, professors and readers in the institute the selection committee shall be consisted of (i) vice chancellor of the institute as chairman; (ii) a person nominated by the president as member; (iii) dean of faculty/head of department/chairman, board of studies, provided he is a professor as member; and (iv) three outside experts nominated by the president from a panel of not less than six names recommended by the academic council and approved by the board of management.10. ..... the contention of the learned counsel for the appellants is that in the 23rd meeting of the board of management, the appointments of the appellants were validated. ..... all the members were inducted by the then vice chancellor and there are no allegations that these persons were not qualified to be the members of the selection process or have acted in a manner prejudicial to the interest of the institute.20. ..... this judgment shall govern the disposal of both the writ appeals as they arise out of the common order dated 9th october, 2006 passed by single bench of this court in writ petition nos. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2008(118)FLR308]; 2008(3)MPHT83
..... petitioner claims;(e) the absence of any impediment under section 370 or under any other provision of this act or any other enactment, to the grant of the certificate or to the ..... of the applicant in the manner prescribed by the code of civil procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:(a) the time of the death of the deceased;(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the judge to whom the application is made, then the property of the deceased within those limits;(c) the family or other near relatives of the deceased and their respective residences;(d) the right in which the ..... raghuwar dayal died on 10-11-2006 and he made nomination in favour of the respondent no. ..... he died on 10-11-2006 during service. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ2844
..... to sleeve of the shirt left side ..... depth of the wound 2' from the chest wall and half an inch over the abdominal wall.the injuries were found sufficient in the ordinary course of nature to cause death and were caused within 24 hours of the autopsy.the doctor found the following cuts on the shirt and baniyan of the injured :-cuts due to stab injury four in number against pericardium 2' size one at the level of left iliac fossa similarly, as were found over the body and in addition one cut was present just medial ..... the background of this murder was that vipin agitated in a legal manner against the management on behalf of i.n.t.u.c. ..... the trial court has found that these 3 appellants/accused reached the spot together armed with knives, they attacked the deceased together and acted jointly in pursuance of their common intention. ..... this act was committed by them near the sweet shop known as mewa sweet mart and a 'panthella'. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT233
..... the same day and from 1st december, 2006 to 5th december, 2006, investigation was conducted under the guidance and supervision of dig, chambal range, gwalior and thereafter from 6th december, 2006, the matter was transferred to the cid and even now the matter is being investigated by the cid but due to pendency of this writ petition investigation is stopped as the case diary is produced in this court, it is submitted by the respondents that no case is made out for transfer of the case to the cbi as prayed by the ..... the local police authorities at the initial stage of investigation and no effort is made to even remotely to explore the possibility of there being any other reason for death of chetana sharma, no such effort to explore any other possibilities that may have caused the death is at all made and therefore, it can be said that the respondents except for contending that the petitioner is not co-operating the investigating authorities have not made any effort to explore the possibility of any other act ..... this goes to show the manner in which he has acted a conduct unbecoming of a senior police officer who is responsible for proper investigation and inquiry into the offence committed within the jurisdiction of his district, a senior ips officer, himself is alleged to have committed an offence of destroying the evidence in a case pertaining to death of young police officer aged 29 years working under ..... because of this act on his part, he has been charged under section 201, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT219; 2007(3)MPLJ576
..... 4 college and a division bench of this court by a common order dated 11-5-2005 disposed of the writ petition with a direction that all the petitioners shall be adjusted and given admission for the year 2005-2006 out of 50 management quota seats surrendered by the college to the government and the state shall include the names of the petitioners in the list of students to be allotted to the college for the academic year 2005-2006 and only the balance shall be filled by the students who take the pmt-2005. ..... he submitted that under regulation 5(ii) of the regulations on graduate medical education, 1997 made by the medical council of india under section 33 of the indian medical council act, 1956, in case of admission on the basis of competitive entrance examination, a candidate must have passed in the subjects of physics, chemistry, biology and english individually and must have obtained a minimum of 50% marks taken together in physics, chemistry and biology at the qualifying examination and in addition must have come in the merit list prepared as a result of such competitive ..... 4 college again committed an illegality in giving admission to the three candidates contrary not only to the regulation 5 (ii) of the regulations on graduate medical education, 1997 made by the medical council of india under section 33 of the indian medical council act, 1956, but also the directions of this court in the order dated 11-5-2005 passed in writ petition no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005ACJ868; AIR2003MP284; 2003(1)MPHT528; 2003(2)MPLJ504
..... males this is most commonly achieved by vasectomy, in which the vas deferens is cut or tied; in females, the most frequently used methods involve the dividing or clipping of the fallopian tubes, thus preventing the passage of the ova between the ovary and the womb. ..... is submitted that 'ligation method' is one of the recognised modes of sterilisation and if keeping in view the personal and physical condition of the plaintiff the doctor in her judgment adopted this method it cannot be held by the courts that she acted negligently.7. ..... deference is paid to the practices of the professions (particularly medical profession) as established by expert evidence and the court should not attempt to put itself in the shoes of the surgeon or other professional man ..... examining the facts of the present case on the touchstone of the above mentioned principles it can be safely held that there was no negligence on the part of the doctor. ..... it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent. ..... to the defendants the sterilisation failed because of the act of the plaintiff herself ..... frien hospital management committee, (1957) 2 all er 118, has been cited with ..... further explained in para 6 that the plaintiff also underwent ceasarean operation for the delivery of the child and she adopted the ligation method and not the section method. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005CriLJ3555
..... there is another category where though the injuries found on the victim are of the type which are possible by the weapon of assault, but the size and dimension of the injuries do not exactly tally with the size and dimension of the weapon. ..... the manner and method of assault, the position of the victim, the resistance offered by him, the opportunity available to the witnesses to see the occurrence like their distance, presence of light and many other similar factors will have to be taken into consideration in judging the reliability of ocular testimony.'18. ..... sanjay rai 2005 (1) jab lj 411,: (2004 cri lj 2006) para 18 has held that 'opinion of doctor cannot be discarded on the basis of text book when the passages of books were not put to the doctor. ..... in this very case (ibid) the appellant is stated to have pierced the forehead of the deceased with a spear (sharp edged weapon) once, whereas the medical evidence was that the said injury was caused by use of a blunt weapon and that too by repeated blows, because of direct conflict between medical evidence and oral evidence. ..... this witness is the brother-in-law of deceased and if he was present and had witnessed the incident which had occurred in broad-day-light, he could not have committed mistake about possession of weapon and use of the same by the appellants by mentioning in the fir as well as in the court. ..... 1 dhanniya and their overt act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2005)ACC336
..... it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art...in the case of a medical man, negligence means failure to act in accordance with the standards of reasonably competent medical men at the time...there may be one or more perfectly proper standards; and if a medical man conforms with one of those proper standards, then he is not ..... males, this is most commonly achieved by vasectomy, in which the vas deferens is cut or tied; in females, the most frequently used methods involve the dividing or clipping of the fallopian tubes, thus preventing the passage of the ova between the ovary and the womb. ..... is submitted that 'ligation method' is one of the recognised modes of sterilisation and if keeping in view the personal and physical condition of the plaintiff the doctor in her judgment adopted this method, it cannot be held by the courts that she acted negligently.7. ..... deference is paid to the practices of the professions (particularly medical profession) as established by expert evidence and the court should not attempt to put itself in the shoes of the surgeon or other professional man ..... it is one that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant holds himself out as having, and acting with ordinary care, then it is negligence. ..... friern hospital management committee (1957) 2 all er 118, has been cited with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(2)MPHT38; 2009(3)SLJ176(NULL)
..... case and also scheme of grant of compassionate appointment which provides that children of a deceased government servant shall be entitled for grant of compassionate appointment subject to conditions enumerated in the policy relating to grant of compassionate appointment there remains no doubt that children born out of second marriage even though the deceased employee is a hindu and has contracted second marriage during subsistence of his first marriage shall be entitled for consideration for grant of compassionate appointment. ..... yogmaya devi and narain lal has not been proved, meaning thereby that there is no witness to the actual performance of the marriage in accordance with the religious ceremonies required for a valid hindu marriage and (2) without a civil court having pronounced upon the marriage between yogmaya devi and narain lal in accordance with hindu rights, it cannot be held that the children of yogmaya devi with her marriage with narain lal would be legitimate under section ..... the law is clear on this issue that a nominee like vidhyadhari who was claiming the death benefits arising out of the employment can always file an application under section 372 of the succession act as there is nothing in that section to prevent such a nominee from claiming the certificate on the basis of nomination. ..... bikash kuanar : (2006)8scc192 , a division bench of this court opined:it is now trite that if a mistake is committed in passing an administrative order, the same may be rectified. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2008(117)FLR739]
..... to the employer for the management of any branch of the trade or business in which the injured workman was employed) had knowledge of the accident from any other source at or about the time when it occurred:)provided further that the commissioner may (entertain) and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been (preferred), in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice or (prefer) the claim, as the ..... this appeal is preferred under section 30(1) of the workmen compensation act, 1923, in short 'the act' by the appellant-claimant being aggrieved by the order dated 18.11.2004 dismissing his claim under section 10 of the act.the appellant-claimant preferred his claim under section 10 of the act contending that he is working as employee of the respondent on the post of mechanical fitter in the coal mine of respondents at sarani. ..... a part from the above some additional, paper regarding medical examination of the appellant issued by the district medical board, betul on 8.1.2006 is filed with the aforesaid ia which was not in existence and available with the appellant on the date of filing the claim or passing the impugned order, i.e. ..... beside this the superannuation order of the appellant dated 31.7.2006 is also filed which has come in existence subsequent to the order of the trial court. .....
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