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Madhya Pradesh Court June 1999 Judgments

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Jun 23 1999

Madak Chand JaIn Vs. Smt. Fatma Bai

Court: Madhya Pradesh

Decided on: Jun-23-1999

Reported in: AIR2000MP30; 2000(1)MPHT46; 1999(2)MPLJ686

A.K. Mathur, C.J. 1. This is a reference made by the learned single Judge on account of two conflicting decisions of the single Bench -- one given by Justice Shiv Dayal (as he then was) in Kishanlal v. Rambharose 1976 Jab LJ (SN) 63 and another given by Justice Bachawat (as he then was) in Kevalchand Puranchand v. Suganchand, 1983 MPLJ 381, on the following question of law, which reads as under : 'Whether a separate valuation for the purposes of jurisdiction and Court-fees with regard to the ejectment from the encroached portion is necessary to be put when eviction is sought on the ground under Section 12(1) of the Act ?' 2. The present revision has been preferred under Section 115 of the Code of Civil Procedure against the order dated 24-7-1998 passed by the 1st Civil Judge, Class II, Khandwa, in Civil Suit No. 45-A/98 rejecting the objection raised by the applicant/ defendant regarding the Court-fees and jurisdiction of the Court for entertaining the suit without payment of Court-fee...


Jun 22 1999

Raymond Cement Works, Bilaspur and anr. Vs. State of M.P. and ors.

Court: Madhya Pradesh

Decided on: Jun-22-1999

Reported in: AIR2000MP19; 1999(2)MPLJ689

A.K. Mathur, C.J. 1. All these L.P.A's arise out of the common order and are being disposed of by this common order. Facts given in L.P.A. No. 119/99 have been taken into consideration for disposal of all these appeals. The learned Single Judge modified the interim order passed earlier and directed that during the period of six weeks from the date of the order, i.e. 6-4-99, all the petitioners shall deposit 50% of the demanded amount and shall furnish bank guarantee for the balance of 50%. The matter was posted to be listed for 25-6-99 for further hearing. Aggrieved against this interim order, the present L.P.A. has been filed by the appellants.2. It is not necessary to dilate on the detailed facts. Suffice it to say that certain mining demands were raised by State against the petitioners. Therefore, they filed writ petitions challenging that demand and prayed for stay. initially whole demand was stayed by learned Single Judge. Thereafter the learned Single Judge modified the earlier s...


Jun 22 1999

Kamal Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Jun-22-1999

Reported in: I(2000)DMC236

R.S. Garg, J. 1. By this appeal under Section 374(2) of the Code of Criminal Procedure, the appellant seeks to challenge the conviction recorded on 21.4.1995 by the IInd Addl. Sessions Judge to the Court of District and Sessions Judge, Chnindwara in Sessions Trial No. 23/94 convicting the appellant under Sections 306 and 498A, I.P.C. and sentencing him to undergo R.I. for 7 years and pay fine of Rs. 250/- and undergo R.I. for 2 years and pay fine of Rs. 250/- respectively; in default of payment of fine to undergo R.I. for six months under each default.2. The prosecution case in brief is that within about 2 years of 1st/2nd July, 1993, the accused and his parents were harassing and maltreating the deceased Heera @ Meerabai, wife of the present appellant. According to the prosecution, the appellant and the acquitted accused persons were making demand of money for purchasing a motor pump and as the deceased was unable to arrange the money and the relations of the deceased could not meet t...


Jun 22 1999

Nandlal Khatri Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Jun-22-1999

Reported in: 2000CriLJ1631; 2000(1)MPHT401

ORDERR.P. Gupta, J.1. This petition is directed against the confirming judgment dated 22-6-1993 in Criminal Appeal No. 128/88 passed by 4th Addl. Sessions Judge, Bilaspur whereby the conviction and sentence of the petitioner made by the Court of Judicial Magistrate First Class, Pendra Road, Bilaspur in Criminal Case No. 432/87 vide judgment dated 8-6-1988 was confirmed. The petitioner was convicted under Section 7(1) r/w 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter called 'the Act'), for selling a sample of turmeric power to food inspector P.W. 1 on 23-6-87 in the area of Pendra. The sample was found to be adulterated by Central Food Laboratory in so far as it was found to be having foreign material (starch originating from rice). No other adulteration was found although the Public Analyst on his analysis had found it adulterated because of presence of non-permitted colour.2. Reliance placed by the Trial Magistrate was on the evidence of Food Inspector Shri LA...


Jun 14 1999

Sapna Sangeeta Distributors, Indore Vs. City Cable, Indore and ors.

Court: Madhya Pradesh

Decided on: Jun-14-1999

Reported in: AIR2000MP43

ORDERJ.G. Chitre, J.1. Both these two persons appearing for respondents Nos. 2 and 3 submitted that they do not have any cause to show so far as the admission of this petition is concerned. Therefore, this petition stands admitted and for the reasons stated hereunder this petition is being decided today finally, as a short question arises for determination which would be conveying guidelines to the subordinate Courts as to what should be the approach while dealing with urgent matters which have been filed during vacation for seeking urgent orders to meet out urgent needs.2. This question is dealing with exhibition of film 'Bewi No. 1' which was to be exhibited in Sapna-Sangeeta Talkies owned by the petitioner who was entitled to exhibit it under an agreement and necessary certification from the Central Board of Film Certification of Govt. of India. The learned District Judge, Indore, while dealing with an urgent hearing application praying the District Court to exercise Civil Jurisdict...



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