Madhya Pradesh Court August 1999 Judgments
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Madhu @ Sanjeev Kumar Vs. Smt. Lalita Bai
Court: Madhya Pradesh
Decided on: Aug-17-1999
Reported in: 2000(1)MPHT524; 2000(1)MPLJ76
ORDERR.P. Gupta, J.1. The order of interim maintenance has been passed against the petitioner in favour of the respondent by J.M.F.C. Balaghat on 16-4-98 in Cr. Case No. 57/95 under Section 125 Cr.P.C.. The objection of the petitioner-husband is that the wife was not complying with the decree of restitution of conjugal rights passed under Section 9 of the Hindu Marriage Act by the Court of Distt. Judge, Balaghat on 19-3-97 in C.S. No. 28-A/92. The petition for maintenance was filed by the wife before the magistrate in the year 1995. It appears that while the petition under Section 125 Cr.P.C. as well as suit under Section 9 of the Hindu Marriage Act were pending, the husband was paying interim maintenance to the wife under Section 24 of the Hindu Marriage Act under orders of the Distt. Judge, where the suit was pending. That maintenance pendent lite was stopped after the decree for restitution of conjugal rights was passed. The decree is said to be under appeal now in the High Court bu...
M.P. Financial Corporation and anr. Vs. R.R. Flour Mills Pvt. Ltd. and ...
Court: Madhya Pradesh
Decided on: Aug-16-1999
Reported in: 1999(2)MPLJ646
S.P. Srivastava, J.1. Feeling aggrieved by an order passed by the learned Single Judge of this Court disposing of a Miscellaneous Appeal contemplated under Order XLIII, Rule l(r) of the Code of Civil Procedure, 1908, with certain directions while affirming the findings in regard to the prima facie case and balance of convenience returned in favour of the plaintiff, the defendants/appellants have now come up in Letters Patent Appeal praying for the setting aside of the order passed by the learned single Judge as well as the order passed by the trial Court dated 17-11-1998 which had been challenged by them before the learned single Judge in the aforesaid appeal.2. We have heard the learned counsel for the parties and have carefully perused the record.3. The facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass : The respondent No. 1, M/s R.R. Flour Mills Private Limited had filed a suit being suit No. 3-A 1998, wherein the present appellant...
Sher Khan Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-16-1999
Reported in: 2000CriLJ783; 2000(1)MPHT273; 2000(3)MPLJ331
S.P. Srivastava, J.1. Feeling aggrieved by an order dismissing his writ petition upholding the order passed by the Commissioner whereunder the petitioner's appeal directed against the order cancelling the fire arm licence issued to him, as having been filed beyond the period prescribed, he has now come up in Letters Patent Appeal seeking redress praying for the reversal of the impugned orders passed by the learned Single Judge as well as the Commissioner.2. We have heard the learned counsel for the appellant as well as the learned Govt. Advocate representing the respondents and have carefully perused the record.3. The facts in brief, shorn of details and necessary for the disposal of this appeal lie in a narrow compass : The petitioner-appellant had been granted an arms licence for keeping a twelve bore gun under the provisions of the Arms Act. This licence was suspended by the Licensing Authority acting under Section 17(3) of the Arms Act and was later on cancelled vide the order date...
State of M.P. Vs. B.L. Kaul and ors.
Court: Madhya Pradesh
Decided on: Aug-16-1999
Reported in: 2000(1)MPHT79
ORDERS.P. Srivastava, J. 1. Feeling aggrieved by the order passed by the M.P. State Administrative Tribunal whereunder allowing the application filed by the respondent No. 1, the order compulsorily retiring him from service dated 1-10-1997 had been quashed with a direction to reinstate him forthwith and pay to him all consequential benefits of the salary etc., the State has, by means of the present writ petition, approached this Court seeking redress praying for the reversal of the impugned order passed by the Tribunal.2. We have heard the learned Government Advocate representing the petitioner as well as the learned counsel representing the contesting respondent and have carefuly perused the record.3. The facts in brief, shorn of details and necessary for the disposal of this writ petition lie in a narrow compass. The State Government had issued a Circular dated 13th of January, 1997 in supersession of its previous orders constituting Screening Committee laying down the norms and the ...
Kandra Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-16-1999
Reported in: 2000(1)MPHT289; 2000(1)MPLJ98
R.S. Garg, J.1. Being aggrieved by the Judgment passed by learned Special Judge, (NDPS), Balaghat in Special Criminal Case No. 67/91, decided on 28-11-92, convicting the appellant under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, sentencing him to undergo R.I. for ten years and pay fine of Rs. 1 lac, in default of payment of fine to undergo R.I. for two years, the appellant has filed this appeal.2. The prosecution case in brief is that on 28-2-91 Sub- Inspector Salim Khan received an information that the present accused-appellant was cultivating Poppy in contravention of the provisions of Narcotic Drugs and Psychotropic Substances Act. Taking with him certain Panchs and the Police guard he proceeded to village Suswa where he found the accused and enquired from him that he had come to take search of the Badi (field) of the accused as he had the information about the growing of the Poppy plants. The accused straight way admitted cultivation of the Poppy plants. Therea...
Sultan Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-16-1999
Reported in: 2000(1)MPHT278
ORDERR.P. Gupta, J.1. The petitioners approach this Court under Section 482 Cr.P.C., for quashing the charge-sheet submitted against them in the Court of Additional Sessions Judge, Burhanpur for alleged offence punishable under Sections 24 and 27 of the M.P. Vinirdishta Bhrashta Acharan Niwaran Adhiniyam, 1982. Section 27 makes punishable act of illegal diversion of land or illegal colonization. Section 24 provides how colonization can be undertaken and if colonization is undertaken in violation of those provisions it becomes punishable under Section 27 of that Adhiniyam and punishable with imprisonment upto three years or with fine or both.2. These offences have been made cognizable by the Statute.3. Collector Khandwa on 9-2-1989 brought it to the notice of the Commissioner, Indore Division that these accused were indulging in illegal colonization punishable under this Adhiniyam, The Commissioner vide his order dated 24-7-1989, directed that investigation into offence be made. Thereup...
Ramchandra Vs. Prem Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1999
Reported in: 1999(2)MPLJ499
ORDERS.S. Jha, J.1. A preliminary objection is raised by the counsel for respondents that this revision is not maintainable against the order refusing to receive documents. He relied upon the judgment in the case of Jagjit Cotton Textiles Mills Ltd. and etc. v. Union of India and etc., reported in AIR 1990 Rajasthan 20. In support of his contention, he also relied upon the judgment in the case of Hemendra Chaudhary v. M/s Punjab National Bank and Ors., reported in AIR 1993 All. 49. This judgment of Hemendra Chaudhary relates to refusal of accepting documents and it is held that the order allowing is not a case decided under Section 115, Code of Civil Procedure. In this case, the documents were filed after the arguments were over; however, the application was allowed admitting the documents in evidence at the late stage of suit.2. Considering the facts of this case, the defendant sought to produce certified copy of the Will in the evidence. He sought permission of the Court to produce c...
Ram Chandra Vs. Prem Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1999
Reported in: 2000(1)MPHT263
ORDERS.S. Jha, J.1. A preliminary objection is raised by the counsel for respondents that this revision is not maintainable against the order refusing to receive documents. He relied upon the judgment in the case of Jagjit Cotton Textiles Mills Ltd. and etc. v. Union of India and etc., reported in AIR 1990 Rajasthan 20. In support of his contention, he also relied upon the judgment in the case of Hemendra Chaudhary v. Punjab National Bank and Ors., reported in AIR 1993 Allahabad 49. This judgment of Hemendra Chaudhary relates to refusal of accepting documents and it is held that the order allowing is not a case decided under Section 115, Code of Civil Procedure. In this case, the documents were filed after the arguments were over; however, the application was allowed admitting the documents in evidence at the late stage of suit.2. Considering the facts of this case, the defendant sought to produce certified copy of the will in the evidence. He sought permission of the Court to produce ...
Ranjitnarayan Brijnarayan Haksar Vs. Surendra Melaram Verma
Court: Madhya Pradesh
Decided on: Aug-11-1999
Reported in: 1999(2)MPLJ489
ORDERS.B. Sakrikar, J.1. UNSUCCESSFUL applicant, a landlord has directed this Revision under Section 23-E of the M. P. Accommodation Control Act, 1961 (for short 'the Act') against the order dated 15-11-1996 passed by the Rent Controlling Authority, Indore in Case No. A-90/7/52/86-87, thereby rejecting the application filed by the applicant against the respondent for his eviction from the suit accommodation on the ground of requirement of the said accommodation for establishing the office of his major son, an Advocate.2. This is one more Us between landlord and tenant in which the landlord is contesting his claim for eviction against the tenant since 1985. Period of this enormity is prone to cause frustration in the minds of both the sides. After all, how long legal battle should continue? Legal justice should not be allowed to become a teasing illusion or promise of unreality. When litigation goes on and on, it is time that litigants learnt three percepts; 'To live honorably, not to i...
Ranjit Narayan Haksar Vs. Surendra Verma
Court: Madhya Pradesh
Decided on: Aug-11-1999
Reported in: 2000(1)MPHT106
ORDERS.B. Sakrikar, J.1. Unsuccessful applicant, a landlord has directed this Revision under Section 23-E of the M.P. Accommodation Control Act 1961 (for short 'the Act') against the order dated 15-11-96 passed by the Rent Controlling Authority, Indore in Case No. A-90/7/52/86-87 thereby rejecting the application filed by the applicant against the respondent for his eviction from the suit accommodation on the ground of requirement of the said accommodation for establishing the office of his major son, an Advocate.2. This is one more lis between landlord and tenant in which the landlord is contesting his claim for eviction against the tenant since 1985. Period of this enormity is prone to cause frustration in the minds of both the sides. After all, how long legal battle should continue Legal justice should not be allowed to become a teasing illusion or promise of unreality. When litigation goes on and on, it is time that litigants learnt three percepts; 'To live honorably, not to injure...
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