Madhya Pradesh Court August 1999 Judgments
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Mahavir Prasad Shrivastava Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-19-1999
Reported in: 2000CriLJ1232
ORDERR.P. Gupta, J.1. The petitioner is being prosecuted for an offence punishable under Section 13(1)(e) read with 13(2) of the Prevention of Corruption Act, 1988 in Special Case No. 22/97 before the Special Judge, Jabalpur. The Special Judge vide impugned order dated 15-12-1998 directed framing of charge under those provisions and have actually framed charges under those provisions alleging that the petitioner in his public capacity as Superintending Engineer, Madhya Pradesh Electricity Board possessed assets amounting to Rs. 4,02,037.10 disproportionate to his known source of income during the period March 1965 to December, 1993.2. The petitioner approaches this Court in revisional jurisdiction with two-fold assertion; (i) that Section 17 proviso 2 requires preauthorization by Superintendent of Police to investigate into offence punishable under Section 13(1)(e) read with 13(2) of the Act. It is urged in this case although there purports to be such an authorization dated 19-1-1993 b...
Khageshwar Prasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-19-1999
Reported in: 2000CriLJ5041; 2000(3)MPLJ453
ORDERR.P. Gupta, J. 1. This is a petition under Section 482, Cr.P.C. to invoke the inherent jurisdiction of this Court against order dated 19-8-98 of Special Judge, Bilaspur whereby the learned Judge declined the prayer of the petitioner to summon, at pre charge stage an alleged earlier report of Up-Lokayukt, con-cerriing assets acquired by him in proceedings of an earlier inquiry. The report was allegedly given in 1986 and was kept in the office of Up-Lokayukt. This inquiry pertained to the period 1-1-80 to 1986 about the assets of the accused.2. The petitioner has been sent up for trial for offences under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 for having acquired assets more than his income during the period 1 -1 -80 to 30-4-92. The offence has been investigated by the Special police establishment constituted under M. P. Special Police Establishment Act, 1947 as extended to the State of M. P. by Section 3(1) of M. P. Extension of Laws Act, 1958 (Act No....
Moolji Bhai and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Aug-18-1999
Reported in: AIR2000MP38; 2000(2)MPHT477
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the imposition of terminal tax by respondent Nagar Panchayat, Timarni on export of timber, fuel wood, coal and bamboos as per Section 129 of the M.P. Municipalities Act, 1961 (hereinafter to be referred to as the Act).2. By resolution dated 13-8-1995 (Annexure P-2) respondent No. 2 Nagar Panchayat, Timarni has revised the terminal tax levied under Section 127(6)(n) of the Act on the goods exported from its Municipal limits. The revised rate is 0.50 per cent on the price of bamboos, fuel wood, coal and timber. The terminal tax was originally imposed by the respondent No. 2 by the notification dated 19-5-1992 of the State Government. The State Government has now framed the Terminal Tax (Assessment and Collection) on the Goods Exported from the M.P. Municipal Limits Rules, 1996 (hereinafter to be referred to as the Rules) by the notification dated 21-2-1997 published in M.P. Gazette on 7-3-...
Badan Singh Raghuvanshi Vs. B. Rajgopal Naidu and anr.
Court: Madhya Pradesh
Decided on: Aug-18-1999
Reported in: AIR2000MP56
ORDERS.P. Srivastava, J.1. The petitioner claims that he was the authorised candidate of the Bharatiya Janata Party to contest the election of the Legislative Assembly of the State of Madhya Pradesh from Constituency No. 249, Shamshabad and had been allotted 'Kamal' as the election symbol.2. The result of the election was declared on 28-11-1998 whereunder the petitioner was shown to have lost the election by 544 votes.3. By means of the present election petition; the election petitioner has prayed for staying the declaration of the result by the respondent No. 1 with a direction for recounting of the votes.4. The election petition was presented by the petitioner before the Additional Registrar, High Court of Madhya Pradesh, Jabalpur on 9-1-1999. He had been identified by Shri V. S. Parihar, Advocate from Ujjain.5. The Additional Registrar in his report dated 9-1-1999 has pointed, out that the election petition was in Hindu language and quarter margin had not been left in the left side,...
Jai Bhansingh Pawaiya Vs. Madhavrao and ors.
Court: Madhya Pradesh
Decided on: Aug-18-1999
Reported in: AIR2000MP111; 2000(1)MPHT348
ORDERS.P. Srivastava, J.1. This is an application filed by the respondent No. 1 seeking dismissal of the election petition asserting that the petitioner was required to present the election petition in English language only and since it has been filed in Hindi language, it was not in accordance with law, the election petition deserved to be dismissed.2. On 5-2-1999, a learned single Judge of this Court to whom the election petitionstood assigned under Section 86(2) of the Representation of the People Act ,1951, after hearing the counsel for the contesting respondent had granted time to the counsel for the petitioner as prayed for to file the objections.3. A reply to the aforesaid application containing the objections was filed on 10-3-1999 asserting that there was no provision in the Representation of the People Act and the Rules framed thereunder requiring that an election petition should be filed in any particular language. It was further asserted that in the absence of any provision...
Kamal Kishore Vs. Janpad Panchayat, Nalkheda and ors.
Court: Madhya Pradesh
Decided on: Aug-18-1999
Reported in: AIR2000MP225; 2000(1)MPHT212; 1999(2)MPLJ471
ORDERJ.G. Chitre, J.1. Shri Chaphekar counsel appearing for the petitioner submitted that the action taken by the respondents against the petitioner is not only inconsistent with the provisions of law but destructive to the benevolent object of 'INDIRA AVAS YOJNA'. He further submitted that the action which is being assailed by this petition is inconsistent with the procedure laid down for taking such action in view of the provisions of Section 40 of Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as Panchayat Raj Adhiniyam, for convenience). He pointed out that an inquiry has been contemplated which has to be made properly, lawfully by the officers taking action in view of the provisions of Section 40 of Panchayat Raj Adhiniyam.2. Shri Chaphekar further submitted that in the present case there has been absolutely no grievance from any corner of the society or the beneficiaries of Indira Avas Yojna. He submitted that the petitioner happened to be an executive pers...
Shyam Sundar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-18-1999
Reported in: 2000(1)MPHT103
R.S. Garg, J.1. The appellant being aggrieved by the judgment dated 23-3-99 passed in Special Case (Narcotics) No. 61/98 by the Special Judge, Narcotics, Jagdalpur convicting the appellant under Section 20B of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), sentencing the appellant to undergo three years and six months R.I. and pay fine of Rs. 5,000/-, has filed this appeal.2. The prosecution case in brief is that on 15-10-98 Station House Officer Satish Dwivedi of Police Station Nagarnar received an information that somebody was coming from Borgaon side with contraband Ganja. After recording the information and sending a copy of it to the senior officers, the said police officer proceeded towards the spot. The accused was seen coming on a bicycle; he was carrying two plastic bags filled with certain things. Said Satish Dwivedi as he says gave a notice under Section 50 of the Act; apprised the accused of his statutory right and after seeking no-objection fro...
Satya Deo and ors. Vs. Rukmani Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-18-1999
Reported in: 2001ACJ797
B.A. khan, J. 1. The insurer's liability is the bone of contention as the insurance company was let off by the M.A.C.T., but appellants' want to rope it in.2. The dispute may not have arisen but for the offending tractor No. MPU 8939 and trolley changing hands. It first belongs to one Sardar Singh and was insured with respondent No. 7 from 21.9.87 to 20.9.88. It was then transferred to appellant Nos. 2 and 3, but the insurance status remained as it was. It was driven by appellant No. 1 on 13.2.1988 when it hit one labourer Gajraj Singh, who was killed in the process. His claimants (respondent Nos. 1 to 6 herein) filed Claim Case No. 27 of 1988 but insurance company disclaimed liability because insurance policy was not transferred to new owners (appellant Nos. 2 and 3) and also because the driver (appellant No. 1) was not holding a valid licence. The Tribunal absolved the company, held appellants liable and awarded Rs. 85,000 to claimants along with 12 per cent interest. This was done o...
Sanjay Kumar Bhairav Lal Verma Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Aug-17-1999
Reported in: 1999(2)MPLJ629
S.P. Srivastava, J.1. Heard the learned counsel for the appellant.2. Perused the record.3. Feeling aggrieved by an order passed by the learned Single Judge dismissing his writ petition seeking a Mandamus requiring the respondents to implement the policy of reservation for Other Backward Classes and declaring him to be entitled to regularisation in the reservation quota for them and further requiring the respondents to pay him the difference of wages on account of less payment made as daily rated employee, the petitioner/appellant has now come up in Letters Patent Appeal seeking reversal of the order passed by the learned single Judge.4. It may be noticed that while dismissing the writ petition, the learned single Judge had made it clear that as and when a post falls vacant and the petitioner/appellant applies as against the said post, it shall be considered according to law along with the other eligible candidates for recruitment.5. The facts in brief, shorn of details and necessary fo...
Sanjay Kumar Verma Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Aug-17-1999
Reported in: 2000(2)MPHT20
S.P. Srivastava, J.1. Heard the learned counsel for the appellant.2. Perused the record.3. Feeling aggrieved by an Order passed by the learned single Judge dismissing his writ petition seeking a Mandamus requiring the respondents to implement the policy of reservation for Other Backward Classes and declaring him to be entitled to regularisation in the reservation quota for them and further requiring the respondents to pay him the difference of wages on account of less payment made as daily rated employee, the petitioner/appellant has now come up in letters patent appeal seeking reversal of the Order passed by the learned single Judge.4. It may be noticed that while dismissing the writ petition, the learned single Judge had made it clear that as and when a post falls vacant and the petitioner/appellant applies as against the said post, it shall be considered according to law along with the other eligible candidates for recruitment.5. The facts in brief shorn, of details and necessary fo...
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