Madhya Pradesh Court September 1998 Judgments
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Chand Khan Jumman Khan Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Sep-21-1998
Reported in: 1998(2)MPLJ612
ORDERDipak Misra, J.1. Termination of the nomination of the petitioner as councillor of Nagar Panchayat, Dindori by the competent authority in the Department of the Local Self Government communicated by the Collector, Mandla to the vide letter No. SC/97/1565, dated 11-12-1997, is the subject matter of challenge in the present petition.2. The factual backdrop is rather simple. The petitioner was nominated as the councillor of Nagar Panchayat, Dindori by order dated 30-11-1996 by the competent authority of the Local Self Government Department in exercise of power Under Section 19(1 )(b) of the M. P. Municipalities Act, 1961 (hereinafter referred to as 'the Act'). As set forth in the petition after being so nominated the petitioner actively participated in the meetings of the council and gained experience. At this juncture, to his utter surprise the Collector, Mandla vide his letter dated 10-12-1997 communicated to the Chief Municipal Officer, Dindori, after making reference to the order ...
Sayeed Miya Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-21-1998
Reported in: 1999CriLJ4398
V.K. Agrawal, J.1. The accused/appellant stands convicted under Section 306 of I.P.C. and has been sentenced to undergo rigorous imprisonment for seven years therefor, for abetting his wife Nazbun Niza to commit suicide, by judgment dt. 9-1-1998 in Sessions Trial No. 319/93 by IInd Additional Sessions Judge, Ambikapur, District Sarguja.2. Undisputably, the deceased-Nazbun Niza was the second wife of appellant-Sayeed Miyan. They were married about 2 years prior to the incident. Makhzabun (P.W. 11) is the first wife of appellant.3. The prosecution case stated in brief is that, the accused/appellant was continuously maltreating and beating the deceased, on account of which she felt frustrated and used to complain about the maltreatment to her parents. Prior to the date of incident also the accused/appellant had assaulted her. Probably feeling frustrated the deceased-Nazbun Nisa committed suicide by consuming some poisonous substance. The matter was reported by Aashik Miyan (P.W. 1).4. The...
Vishwanath Shivpujan Dubey Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-18-1998
Reported in: 1999(2)MPLJ326
V.K. Agrawal, J.1. The accused/appellant has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act (hereinafter referred to as 'the Act' for short) and under Section 161 of the Indian Penal Code and has been sentenced to undergo R. I. for 1 year and to pay fine of Rs. 500/- by judgment dated 31-12-1992 in Special Case No. 32/1986 by Special Judge, Jabalpur.2. The case of the prosecution, stated in brief, is that the accused/appellant Vishwanath Prasad Dubey, at the time of incident, i.e., on 20-4-1985 was posted as A.S.I. at P.S. Kotwali, Jabalpur. An offence (Crime No. 193/85) under Section 341 read with Section 34 of the Indian Penal Code was registered against the complainant of this case Madan Mohan (P.W. 6) at Police Station Kotwali, Jabalpur. The accused/appellant was entrusted with the investigation of the said crime. The accused/appellant went to the house of complainant Madan Mohan on 19-4-1985 and told him that he would be arrested an...
Prabhakar Narayan Kelkar and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1998
Reported in: 1999(2)MPLJ608
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the order dated 7th October, 1996 passed by the Commissioner and the order dated 23-8-1997 passed by Sanyukta Sanchalak, Sanchanalaya, Nagar Prashashan, Madhya Pradesh, Bhopal, as well as the consequential order passed by the Collector dated 30-8-1997, the petitioners have now approached this Court seeking redress praying for the quashing of the aforesaid orders and issuance of a direction for holding the meeting to consider the motion of no-confidence brought against Shri Ramniwas Singh Gurjar, Deputy Mayor/Speaker of Municipal Corporation, Gwalior.2. It may be noticed that under the order dated 7-10-1996 the Mayor had cancelled the proposed meeting scheduled to be held on 8-10-1996 for considering the motion of no-confidence against the aforesaid Shri Ramniwas Singh Gurjar, the Deputy Mayor, the requisition for which had been received on 6-9-1996. Vide the order dated 23-8-1997 the Sanyukta Sanchalak had informed the Collector Gwalior t...
Vishwanath Dubey Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-1998
Reported in: 1999CriLJ2619
V.K. Agrawal, J. 1. The accused/appellant has been convicted under Section 5(1)(d) r/w Section 5(2) of the Prevention of Corruption Act (hereinafter referred to as ('the Act') for short) and under Section 161 of the I.P.C. and has been sentenced to undergo R.I. for 1 year and to pay fine of Rs. 500/- by judgment dated 31-12-1992 in Special Case No. 32/1986 by Special Judge, Jabalpur.2. The case of the prosecution, stated in brief, is that the accused/appellant Vishwanath Prasad Dubey, at the time of incident, i.e, on 20-4-1985 was posted as A.S.I., at P.S. Kotwali, Jabalpur. An offence Crime No. 193/85 under Section 341 r/w Section 34 of the I.P.C. was registered against the complainant of this case Madan Mohan (P.W. 6) at Police Station Kotwali, Jabalpur. The accused/appellant was entrusted with the investigation of the said crime. The accused/appellant went to the house of complainant Madan Mohan on 19-4-1985 and told him that he would be arrested and taken into custody and asked Mad...
Nirmala Devi Vs. Ravindra Singh
Court: Madhya Pradesh
Decided on: Sep-17-1998
Reported in: I(1999)DMC467
R.D. Vyas, J.1. This application is filed for transferring Civil Suit No. 108-A/96 filed by the non-applicant in the Court of District Judge, Ratlam to the Court of Additional District Judge, Kachrod.2. The non-applicant had filed the suit for divorce under Section 13 of the Hindu Marriage Act. It is alleged in this application that the non-applicant is threatening the applicant to take her life if she did not compromise of the divorce decree. It is stated that on 10.9.1997 when the case was listed before the District Judge, Ratlam which she attended in the Court and after the matter was adjourned when she came out of the Court compound, the non-applicant threatened her alongwith some accomplices. She states that she was told that if she did not compromise the divorce she would be done to death.3. Looking to the averments in the application which is sworn-in by an affidavit in the interests of justice to direct the transfer of Civil Suit No. 108-A/96, which was given new number (57-A/9...
Nawal Kishore Jagannath Prasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-17-1998
Reported in: 1999(1)MPLJ167
V.K. Agrawal, J.1. The accused/appellant stands convicted under Sections 498A of Indian Penal Code and has been sentenced to undergo R.I. for three years and to pay fine of Rs. 5,000/- (Rupees five thousand only) by judgment dated 23-9-1997 in Sessions Trial No. 59/94 by IInd Additional Sessions Judge, Satna.2. Undisputably, deceased Usha was married to the appellant Nawal Kishore in the year 1985. 'Gauna' ceremony of deceased Usha took place in the year 1992, whereafter the deceased started residing with the appellant. She died on 27-11-1993.3. The prosecution case stated in brief is that the accused/appellant demanded one tola of gold and Rs. 5,000/- to be given to him as dowry. Ravinandan Prasad Pandey (P.W.I) father of deceased Usha being a person of modest means was unable to fulfil the demand. The accused/appellant and his parents as well as brother and sister-in-law used to harass and torture the deceased. Deceased Usha committed suicide, as a result of cruelty meted out by the ...
UjjaIn Mill Mazdoor Sangh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-16-1998
Reported in: [1998(79)FLR571]; (1999)ILLJ1197MP
B.A. Khan, J. 1. Ujjain Textile Mills, a Private Company was taken over by the Government and its management handed over to State Textile Corporation. It was closed down by Government Order dated August 14, 1997. Appellants first filed review petition against this order before the Government and then filed W.P. No. 1368/1997. They prayed for quashing of the order and for consideration of this Review application by the Government or to require it to refer the matter to the Tribunal for adjudication in terms of Section 25-0(5) of Industrial Disputes Act. This writ petition was disposed of by order dated, September 30, 1997 providing as under- 'The Counsel for the petitioner only prays for a direction that the review application may be considered and decided within reasonable time in accordance with law. ; The aforesaid limited prayer is not seriously opposed by the counsel for respondents.' 2. In the circumstances, we dispose of this writ petition with a direction to respondent: No. 3 t...
Chandi Bai W/O Lallaram Vishwakarma Vs. Gulabkali W/O Heerendra Singh
Court: Madhya Pradesh
Decided on: Sep-16-1998
Reported in: 1999(1)MPLJ629
ORDERA.K. Mathur, C.J.1. This is a Letters Patent Appeal directed against the judgment dated 9-5-1997 in W. P. No. 5097 of 1996 whereby the learned single Judge has allowed the petition and set aside the resolution dated 30-11-1996 recorded by the Nagar Panchayat carrying out the motion of no confidence against the petitioner/respondent.2. Brief facts which are necessary for disposal of this appeal are that the petitioner/respondent filed a writ petition seeking quashing of proceedings dated 30-11-1996 (Ex.Pl) by which a motion of no confidence was passed against her. It was also prayed that the proceedings dated 30-11-1996 be declared as null and void. The petitioner/respondent was elected as a Sarpanch of Nagar Panchayat Semaria. Some members of the Council moved a no confidence motion against the petitioner/respondent. Meeting of no confidence was to be held on 18-11-1996 as per the agenda dated 5-11-1996 issued by the respondent No. 2. The meeting could not be convened on 18th Nove...
Amar Bahadur Khadak Bahadur Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-15-1998
Reported in: 1999(1)MPLJ67
R.P. Gutpa, J.1. This Judgment shall govern Cr. Appeal No. 467/94 also, filed by Dhanbahadur.It was in Sessions Trial No. 91/93 of the Court of 4th Additional Sessions Judge, Bhopal that vide Judgment dated 16-4-1994, these appellants were convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of Charas on 19-2-1993 at about 7.20 p.m. in the area of Neelam Park, Jehangirabad, situated in Bhopal. Amar Bahadur was found in possession of 1 kg. 950 grams of Charas while Dhanbahadur was found in possession of 850 Grams of Charas. Both were sentenced to R.I. for ten years, each, and fine of Rs. 1 lac each. In default of fine, further R.I. for one year each.2. The prosecution case is that on 19-2-1993 the Station Officer, N. K. Saxena of Police Station Jehangirabad, Bhopal had received a secret information that two Nepalese would be coming to Neelam Park for selling charas. They passed on such information to the Superintendent of Police S....
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