Reported in : 2007(4)AWC3561
.....the bank did not appear when an ex parte order of injunction was passed by the court below.3. the appellant bank filed an application therein under order xxxix, rule 4, c.p.c. for the purposed of discharge, variation or setting aside such order which is passed ex parte and during the pendency of such application he has filed and proceeded with this appeal.4. learned counsel appearing for the respondents contended before this court that the appellant bank cannot avail both opportunities. learned counsel appearing for the appellant bank contended that there is no bar to prefer the appeal in view of a full bench decision of this court rendered in zila parishad, budaun and ors. v. brahma rishi sharma air 1979 all 376.5. from perusal of the aforesaid decision it is crystal clear that the bank can avail opportunity of appeal either being unsuccessful to get the ex parte injunction order, discharged, varied or set aside in terms of order xxxix, rule 4, c.p.c. or straightway.6. in the instant case when the appellant bank's application is pending, the appeal has been filed. learned counsel for the appellant contended that since several adjournments are granted by the court below, the.....
Tag this Judgment! Ask ChatGPTReported in : 2008ACJ2270
.....counsel, we have taken up this appeal for final hearing at the admission stage itself and we have noted the submissions of both counsel.3. the short facts leading to this appeal are this wise. the brother of the respondent no. 1 was driving a motor cycle and the wife of the respondent no. 1 was sitting behind him. they were returning from village gokulpur to their residence by g.t. road which goes from kanpur to fatehpur and when they were near allipur bazar, a truck bearing no. dl 1g-a 0810 is stated to have come from the opposite direction and hit the motor cycle. the wife of the respondent no. 1 died as a result of the injuries, she suffered.4. when the respondent no. 1 filed the claim petition, he examined himself and his brother. the head clerk of the intermediate college, wherein the deceased was supposed to be working as an assistant teacher, was also examined. none was examined on behalf of the appellant. the tribunal which heard the matter, examined the evidence, which was placed before it and came to the conclusion that the accident was caused due to rash and negligent driving of the driver of the concerned truck. clerk of the concerned college had placed a certificate.....
Tag this Judgment! Ask ChatGPTReported in : [2007(113)FLR789]
.....been stated that by the petitioner that the same is genuine and could be verified from the institution which had issued the same.4. considering the facts and circumstances of this case it is absolutely clear that no adequate opportunity of showing cause was given to the petitioner. a notice sent by registered post on 12.1.2000 would, in normal course, be expected to reach in 4-5 days. the said notice had been received by the petitioner on 18.1.2000 itself and immediately thereafter on 19.1.2000 he submitted his reply. the respondents had in the meantime on 18.1.2000 passed the impugned order. the extreme hurry in passing the order itself shows that the respondents- had a pre-determmed mind to dismiss the petitioner from service. the said action of the respondents is contrary to the principles of equity, fair play and natural justice. from the facts of the case it is absolutely clear that the petitioner was not given adequate opportunity of hearing. further, even if no reply had been submitted by the petitioner, the order should indicate some reason as to on what basis the b.t.c. certificate of the petitioner was incorrect. the impugned order has been passed merely on the ground.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007MP192; 2007(3)MPHT45
.....technicians can run pathological laboratories without engaging the services of a pathologist having mbbs degree or any higher degree.2. the relevant facts briefly are that the appellant in w.a. no. 1440/2006 was running maruti pathology laboratory in panagar. the chief medical and health officer, jabalpur, issued an order on 29-6-2002 asking her to close the maruti pathology laboratory failing which action would be taken against her in accordance with law. the appellant filed writ petition no. 3721/2002 before the learned single judge challenging the order dated 29-6-2002 of the chief medical & health officer.3. the respondents/state filed return in w.p. no. 3721/2002 stating inter alia that smt. kamla patel was a student of arts and had procured diploma in medical laboratory technology (for short 'dmlt') on the basis of which she was running the maruti laboratory at panagar and when laboratory was inspected by the chief medical and health officer on 29-6-2002, it was found that there was no qualified doctor or pathologist in the laboratory. subsequently, however, since a certificate was issued by dr. b.m. agrawal that smt. kamla patel was working as a lab technician under his.....
Tag this Judgment! Ask ChatGPTReported in : 2007(3)MPHT116; 2007(2)MPLJ458
.....plaintiff no. 1 moved about 3 applications, by an application for amendment annexure p-8 filed on 9-3-04 plaintiff wanted to bring on record certain facts with regard to his right to the property on the basis of adoption deed executed in his favour and also challenged execution of sale deed dated 6-3-95 therefore the application under order 23 rule 1 of cpc seeking permission to withdraw the suit for filing a separate suit on the ground that he has not made proper pleading on the basis of the adoption deed and the sale deed dated 6-3-95, pointing out defect in the pleadings the suit was prayed to be withdrawn by this application. this application has been allowed and shri k.n. gupta, learned counsel for the petitioner submits that the pleadings with regard to adoption deed and sale deed has having been incorporated, learned court has committed error in allowing the application under order 23 rule 1 (3), cpc. by inviting my attention to the judgment of the supreme court in the case of baniram and ors. v. gaind and ors. : air1982sc789 , reliance on which have been placed by the trial court for allowing the application under order 23 rule 1 (3), cpc, shri k.n. gupta, senior advocate.....
Tag this Judgment! Ask ChatGPTReported in : 2007(3)MPHT346
.....however, dr. smt. sunanda choudhary (p.w. 5) expressed her inability to give any definite opinion as the commission of rape in view of the fact that the prosecutrix was a married woman who already had four vaginal deliveries.(iii) after due investigation, charge-sheet was submitted in the court of jmfc, chhindwara, who committed the case to the court of sessions for trial.3. on being charged with the offences punishable under sections 457 and 376 of the ipc, the appellant abjured the guilt and pleaded false implication due to animosity in the backdrop of the panchayat election.4. to prove the charges, as many as 17 witnesses were examined by the prosecution including the prosecutrix (p.w. 1) and the alleged eye-witnesses to the incident, viz., baldas (p.w. 2) and balram (p.w. 6). the appellant also called khemlal (d.w. 1) and balkaran (d.w. 2) in support of his defence.5. on consideration of the entire evidence on record, the learned trial judge, while recording finding of not guilty in respect of the offence of rape, convicted the appellant for the offence of lurking house-trespass by night. for this, he placed reliance on a division bench decision of this court in.....
Tag this Judgment! Ask ChatGPTReported in : IV(2007)BC293
.....with the bank and, thereafter, title deeds were released by the bank and then sale deed was executed. he also submitted that in view of all these facts neither any ingredients of the offences punishable under section 420 of ipc nor of section 406 of ipc are made out.5. learned counsel for the respondent submitted that though the house stood in the name of present petitioner, but in fact it was purchased by the respondent/complainant and the entire amount of construction of house was spent by the respondent. the amount of consideration of the plot was also paid by the respondent, which can very well be seen from the income tax returns of the respondent. he further submitted that the property was that of the respondent and the name of present petitioner had only been shown as owner, because she happens to be wife of respondent. he further submitted that in this way respondent/complainant was the rightful owner of the property and the present petitioner played fraud with him and without his knowledge sold the same, when it was still under mortgage with the bank, therefore, she committed the offence of cheating and criminal breach of trust.6. the arguments advanced by learned.....
Tag this Judgment! Ask ChatGPTReported in : 2007ACJ2486; AIR2007MP237
.....against the award dated 26-7-2001 passed by special judge and additional motor accident claims tribunal, gwalior in claim case no. 1/2000.2. brief facts of the case are that deceased pannalal, aged about 26 years, who was a healthy man, was working as a driver on ambassador car no. mp07-w-1067 owned by one ravindra kumar. on 26-2-1999 deceased pannalal was coming to gwalior from district kakroli and he was driving the said car at his own side. the moment the car reached near police station charbhuja, one truck no. rj27/g-1673, which was being driven by respondent no. 1 rashly and negligently, dashed the ambassador car. as a result of this accident pannalal died on spot. the matter was reported to police station charbhuja, crime was registered and after investigation charge-sheet was filed.3. appellants those who are widow, three sons and one daughter of the deceased, have filed claim petition under section 163 of the motor vehicles act, in which it was contended that deceased was working as driver, getting salary of rs. 2000/- per month and daily allowance (bhatta) at the rate of rs. 50/- per day, as such he was getting total salary of rs. 3500/- per month; they were all.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)BLJR2019; [2007(4)JCR550(Jhr)]
.....murder under impulse of passion on being provoked by the deceased denying due share to the appellant in the properties. the submission in the facts and circumstances of the case is devoid of any merit. in order to appreciate submission one needs to take notice of section 300 which reads as under:300. except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, orsecondly - if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or -thirdly - if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, orfourthly - if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.explanation 1 - when culpable homicide is not murder - culpable homicide.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)BLJR1606
.....that though p.ws.1 and 2 have claimed to have seen the appellants and other accused persons assaulting the deceased and then disclosed this fact to the informant p.w.15 but first information report lodged by p.w.15 does not bear the said fact and as such the testimonies of these witnesses hardly inspire confidence to be believed and under this circumstance, the trial court should not have placed his implicit reliance on those two witnesses.10. learned counsel further submitted that fardbeyan (ext.4) given by p.w.15 cannot be the first information report in view of the testimony of p.w.8 maheshwar prasad (uncle of the deceased) testifying that after knowing the occurrence he came to the police station and gave his fardbeyan which fact also bears out from the evidence of p.w.14 hemant singh (son of the informant) saying that his uncle p.w.8 had given information to the police station which was reduced to writing and was signed by him but the said fardbeyan was not brought on record. in that view of the matter, an adverse inference can be drawn that the appellants did not figure in the first information report lodged by p.w.8 but this matter was not taken into consideration.....
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