Madhya Pradesh Court September 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Rajendra Rathor and anr. Vs. Madhya Pradesh Stock Exchange and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1999
Reported in: [2000]102CompCas300(MP); 2000(3)MPLJ207
B.A. Khan, J.1. The principal question that arises for consideration and determination in these appeals is whether the M. P. Stock Exchange was 'State' within the meaning of Article 12 and if not whether it could still be made amenable to the writ jurisdiction under Article 226 of the Constitution of India.2. Four writ petitions (W. P. No. 1454 of 1993, 1928 of 1993, 1410 of 1995 and 493 of 1997) were filed by the writ petitioners claiming different reliefs against the respondent 'exchange'. A preliminary objection questioning their maintainability was taken on the plea that the respondent exchange was not 'State' under Article 12 and thus, not amenable to the writ jurisdiction. The writ court formulated a question whether the stock exchange was a 'State' under Article 12 and whether it was amenable to the writ jurisdiction under Article 226 and upon a detailed discussion and analysis found that it was neither a 'State' because the Central Government had no effective control or involve...
Dushyant Singh and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1999
Reported in: 2000(1)MPHT588
ORDERJ.G. Chitre, J.1. The petitioners Dushyant Singh, Zahid Khan and Pallavi Shah are hereby knocking the door of High Court for the purpose of getting a solace in the nature of relief for the purpose of giving certainty to their future so far as their desire to complete the course of Physio Therapy for obtaining Bachelor's degree in it. The petitioners have been admitted in an institution named Maharaja Ranjit Singh College of Professional Science, Khandwa Road, Indore - Res. 4 for first year. They studied there though said institution was not affiliated to Devi Ahilya Vishwa Vidhyalaya - Res. 3 (hereinafter referred to as University for convenience) and, therefore, they could not appear for the concerned examination when it was held in July, 99 and when by the intervention of the Court which passed an order asking M.G.M. Medical College, Indore to accommodate them and to allow them to appear for the examination for the said year and directing Res. 3 to permit them to appear for the ...
Champabai and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1999
Reported in: 2000(1)MPHT583
ORDERA.K. Gohil, J.1. By this petition under Article 226/227 of the Constitution of India, the petitioners are seeking the relief of issuance of a writ of Certiorari as well as writ of Mandamus for setting aside the order of the Competent Authority dated 17-07-1989 (Annexure-H) by which the petitioners' application for grant of exemption from Urban Land Ceiling was rejected and the order passed by the Additional Commissioner, Ujjain dated 14-08-1990 (Annexure-I) dismissing the appeal and the Notification dated 03-06-1987 declaring the land surplus.2. In short the case of the petitioners is that the petitioners are the Bhoomiswami of land Survey No. 44 area 1.39 hectares and Survey No. 58 having area of 0.878 hectares situated at Village Khilchipur, Tehsil Ghatia, District Ujjain. The aforesaid lands are recorded in the names of the petitioners in the revenue record and the petitioner No. 2 is having possession over the lands. It is the agricultural land. The certified copy of the Panch...
Kamla Bai and ors. Vs. Bhanwar Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1999
Reported in: 2001ACJ1821
A.K. Gohil, J.1. The appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for convenience) against the order dated 21.4.1999 passed by the Third Additional Member, Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 61 of 1998 whereby the learned Member rejected the application moved under Section 140 of the Act for payment of interim compensation on the principle of 'no fault liability'.2. The short submission of the learned counsel for the appellants is that the appellants are the legal representatives of the deceased Karulal and learned Member of the Tribunal has failed to hold an inquiry and has also failed to provide opportunity to lead evidence to the effect that the appellants are the legal representatives of the deceased Karulal and thus, wrongly rejected the application without holding an inquiry.3. The learned counsel for the appellants also placed reliance on the judgment of the Supreme Court in...
Kamlabai and ors. Vs. Bhanwarsingh and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1999
Reported in: I(2000)ACC253
ORDERA.K. Gohil, J.1. The appellants have preferred this appeal under Section 173 of the M.P. Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act' for convenience) against the order dated 21.4.1999 passed by the Third Additional Member, Motor Accident Claims Tribunal, Mandsaur in Claim Case No. 61/98 whereby the learned Member rejected the application moved under Section 140 of the Act for payment of interim compensation on the principle of 'No fault liability'.2. The short submission of the learned Counsel for the appellants is that the appellants are the legal representatives of deceased Karulal and the learned Member of the Tribunal has failed to hold an inquiry and has also failed to provide opportunity to lead evidence to the effect that the appellants are the legal representatives of deceased Karulal and thus., wrongly rejected the application without holding an inquiry.3. The learned Counsel for the appellants also placed reliance on the judgment of the Supreme Court i...
Chief Municipal Officer, Nagar Panchayat, Kymore (Mp) Vs. Eternit Ever ...
Court: Madhya Pradesh
Decided on: Sep-10-1999
Reported in: AIR2000MP129; 2000(1)MPHT33; 2000(2)MPLJ291
A.K. Mathur, C.J. 1. Both the aforesaid appeals arise out of the common order; therefore, they are disposed of by this common order.2. For convenient disposal of both the aforesaid appeals, the facts given in the case of Chief Municipal Officer v. Eternit Everest Ltd. (L.P.A. No. 374/98) are taken into consideration.3. The respondent No. 1, a company, registered under the Indian Companies Act, 1956, has its head office at Bombay and is engaged in business of manufacture of various kinds of cement. It has one cement manufacturing plant at Kymore known as 'Kymore Cement Works'. On 22-5-1991 Kymore Municipality in exercise of powers conferred under Section 127(1) read with Clause (16) of the M.P. Municipalities Act, 1961 (hereinafter referred to as the '1961 Act' for brevity), resolved to impose the export tax on cement and other commodities which are exported from the limit of Kymore Municipality. A notification dated 2-5-1991 was issued, which was published in M. P. Rajpatra dated 12-7-...
Shyam Ramkishan Sharma and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-10-1999
Reported in: 1999(2)MPLJ703
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the order dated 5-4-1999 (Annexure P-7) by which Shri Mahboob Ansari, Advocate has been appointed as Special Public Prosecutor under Section 24(8) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) to conduct Sessions Trial No. 38 of 1999 pending before VI Additional Sessions Judge, Bhopal.2. The petitioners are facing prosecution under Sections 147, 333/149 and 395/397, Indian Penal Code on the charges that they have voluntarily caused grievous hurt to Shri I. D. Saxena, Excise Officer and for committing dacoity in respect of a Pistol belonging to Shri Pankaj Tiwari, Excise Sub- Inspector on 8-10-1998 while they were discharging their official duties. The Excise Officer is said to have been badly injured while he was apprehending the offenders engaged in the trade of illicit liquor. During the course of the trial Shri Mahboob Ansari, Advocate appeared on...
Kapil Kumar Brahman Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-10-1999
Reported in: 2000(1)MPHT421
S.S. Saraf, J.1. This Criminal Appeal has been filed by the accused-appellant against the judgment and order dated 20-12-1994 passed by Additional Sessions Judge, Gadarwara District Narsinghpur in Sessions Trial No. 28 of 1994 whereby the accused-appellant has been convicted for offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment.2. The prosecution case in brief was that on 29-9-1993 at Gadarwara, District Narsinghpur, that being the Anant Chaturdashi day, the accused-appellant, the deceased Mukesh and the other acquitted accused were participating in Ganesh Visarjan Procession. When the procession reached Hanuman Ward, the accused-appellant suggested to play a filmy song. The deceased Mukesh declined the request of the accused-appellant and told that only religious songs would be played during the procession. Thereupon the accused-appellant took a knife out of the pocket of his pant and inflicted stab wounds on the person of the deceased. Thereafter, the acc...
Badri Prasad Shrivastava Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-10-1999
Reported in: 2000CriLJ2070
ORDERDipak Misra, J.1. Feeling aggrieved by the order dated 22-7-99 passed by the learned Additional Sessions Judge/Special Judge, Sidhi in Special Case No. 55/96 the applicant has invoked the revisional jurisdiction of this Court for quashment of the same.2. The facts as have been uncurtained are that the Economic Offence Wing, Rewa filed a charge-sheet against the applicant under Section 13(1)(e) read with Section 13(1)(2) of the Prevention of Corruption Act, 1988 on 2-6-92 on the ground that he had disproportionate assets and could not account for Rs. 56,864/-. It was also alleged that the applicant had misused his post as a public servant by taking recourse to corrupt practice. At the time of framing of charge the applicant prayed for his discharge on two counts, namely, certain agricultural income has not been taken into consideration by the investigating, agency and if the same would have been taken into consideration the charge-sheet could not have been submitted against him and...
V.P. Sheth Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-10-1999
Reported in: 2000CriLJ1767; 2000(1)MPLJ518
ORDERR.P. Gupta, J.1. In this revision petition the preliminary question involved is whether in case of a public servant who has been compulsorily retired, when he is sought to be prosecuted for offence under Section 120B, I.P.C. and under Sections 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act, 1988, a sanction as precondition for his prosecution under Section 19 of the Prevention of Corruption Act, 1988 or Section 197, Cr.P.C. is essential. The petitioner in this case was a member of Indian Administrative Service. At the relevant time of offence he was employed as Managing Director of M.P. Leather Development Corporation. The period was the year 1988-89. The allegation is that during that period he committed criminal misconduct punishable under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. Section 13(1)(d) of this Act declared the following conducts of the public servant as criminal misconducts :13. Criminal misconduct by a public serv...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- Next ›
- Last »