Madhya Pradesh Court January 2001 Judgments
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State of M.P. Vs. Pattu Alias Pratap Singh
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: 2001CriLJ3217
1. Pattu alias Pratap Singh, Roop Singh, Chuttu alias Jagat Singh, Kuddu alias Gajraj Singh, Karra alias Kallu, Narayah Singh, Vijay Singh, (hereinafter referred to as the accused) besides three other accused persons were put on trial for offence under Sections 147, 148, 302/149 (on two counts) and 436 of the Indian Penal Code. First Additional Sessions Judge, Katni, by judgment dated 30-11-1999 passed in Sessions Trial No. 230/98 acquitted three accused persons of all the charges, but found the aforementioned accused persons guilty for offence under Sections 148 and 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year and death respectively. Accused Pattu alias Pratap, accused Chuttu alias Jagat Singh, accused Kuddu alias Gajraj Singh and accused Narayan Singh have further been found guilty for offence under Section 436 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. As the learned Judge had awarded the sen...
Prem Bai and anr. Vs. Ramesh and ors.
Court: Madhya Pradesh
Decided on: Jan-23-2001
Reported in: 2003ACJ633
Bhawani Singh, C.J.1. This appeal is directed against the award dated 5.11.1993 of the Motor Accidents Claims Tribunal, Bhopal in M.C.C. No. 41 of 1993.2. Claimants are widow and son of the deceased Sattulal. Deceased Sattulal was truck driver in truck No. CIQ 755. He was going from Indore to Sagar and when hereached near village Kharkhedi at about 1 a.m., vehicle No. MIB 7246, driven rashly and negligently by respondent Ramesh, owned by Kuldeep Singh and insured with Oriental Insurance Co. Ltd. dashed against this vehicle. As a result of this accident, Sattulal received injuries due to which he died on the spot.3. Consequently, a claim petition was filed against respondents for compensation of Rs. 2,20,000. Allegation is that accident took place due to the rash and negligent driving of vehicle No. MIB 7246 by driver Ramesh, otherwise the accident would not have taken place. The claimants were dependent on the deceased for survival. The deceased was earning Rs. 3,000 per month plus Rs....
Shyam Sharma Vs. Punjab National Bank and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2001
Reported in: 2002(1)MPHT510; 2001(3)MPLJ660
ORDERJ.G. Chitre, J. 1. Heard.2. Petitioner filed this writ petition with the grievance that respondent Nos. 1 and 2 did not property, correctly and legally implement the scheme of grades and categorisation of posts enunciated in Chapter II of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) (hereinafter referred to as 'the Act') and on account of that the petitioner has been superseded by almost all Bank Officers who were below in gradation listwhich was prepared by the then New Bank of India which was merged into Punjab National Bank by the rprovisions of the Act. Shri B.C. Jain made reference in that context to 4 grades which were indicated by Chapter II. Those four grades will have to be mentioned for the purpose of unfolding the matter for understanding:--(a) Executive Grade Scale VII Rs. 4100-125-4600Scale VI Rs. 3850-125-4350.(b) Senior Management Grade Scale V Rs. 3375-110-3658-115-3800 Scale IV Rs. 2925-105-3450.(c) Middle Management Grad...
Brajesh Kumar Sharma Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jan-22-2001
Reported in: 2001(3)MPHT306; 2001(3)MPLJ164
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has called in question the pregnability of the order dated 11-2-2000 passed by the Task Force Committeeand concurred by the Manager, District Industries Centre, Narsinghpur vide Annexure P-9 and has prayed for quashment of the same.2. The facts lie in a narrow compass. The Central Government in the Department of Small Scale Industries and Agro and Rural Industrial floated a scheme namely Primer Minister's Rojgar Yojna. The said scheme is intended to open new industries for the educated unemployed to seek employment with the assistance of the institutional finance and the State subsidy. The said scheme has the objective to provide employment to more than a million persons by setting up seven lakhs Micro Enterprises by the educated unemployed. The scheme also seeks to associate reputed non-Government organisations in implementation of the Pr...
Manwani Industries Ltd. and ors. Vs. Debts Recovery Tribunal and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2001
Reported in: 2001(5)MPHT451
ORDERDipak Misra, J.1. By this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioners have prayed for quashment of order dated 11-7-2000, Annexure-P-5, passed by the Debts Recovery Tribunal, the respondent No. 1 herein, and order dated 2-11-2000, Annexure-P-9, passed by Debts Recovery Appellate Tribunal, the respondent No. 3 herein.2. The facts of the case lie in a narrow compass. The respondent No. 2 instituted Original Application No. 157/2000 before the Debts Recovery Tribunal, Jabalpur (hereinafter referred to as 'the Tribunal') for recovery of Rs. 5,07,87,915.57 P. After the application was presented before the Tribunal it issued notice to the present petitioners, the defendants therein, to appear on 4-5-2000. The petitioners appeared on the said date and filed an application for grant of time to file their reply/written statement. The Tribunal allowed time till 11-7-2000. While granting time the Tribunal made it clear by observing that no ...
Punampursho Vs. Putsh
Court: Madhya Pradesh
Decided on: Jan-22-2001
Reported in: I(2001)DMC547
A.K. Gohil, J. 1. Heard. This is a transfer application under Section 24 of the Code of Civil Procedure which has been filed by the applicant/wife for transfer of suit/proceedings for divorce pending before the Court of IXth Additional District Judge, Indore as Divorce Case No. 174 of 2000.2. The applicant has filed this application on the ground that the marriage between the parties took place on 20th November, 1995 at Indore and thereafter out of the wedlock one son Sanjay was also born but the non-applicant/husband deserted the applicant/wife when she was pregnant and now at present she is residing at Chhatarpur along with her father. The further submission of the learned Counsel for the applicant is that the father of the applicant is old and infirm and a retired person aged about 65 years and the distance between Chhatarpur to Indore is around 525 kms., therefore, she cannot come on each and every hearing along with a small child to attend the hearing. The further submission is th...
Vinod Kumar Shivhare and Others Vs. Tarachandra Gupta
Court: Madhya Pradesh
Decided on: Jan-18-2001
Reported in: 2001CriLJ2970; 2001(2)MPHT168
ORDERN.K. Jain, J. 1. Both these petitions arise out of the order dated 30-5-1998 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 332/1998, whereby the learned Magistrate has not only taken cognizance of the offences under Sections 395 and 450, Indian Penal Code, but also proceeded with the trial and directed for recording evidence before charge.2. The offences under Sections 395 and 450 both are triable exclusively by the Court of Session. Obviously, the Magistrate could not proceed with the trial of the case and direct recording of evidence before charge. To this extent the order of the Magistrate is clearly without jurisdiction.3. These petitions involve yet another point. The Magistrate before taking cognizance of the offences, recorded statements of the complainant and two witnesses, who were not cited as witnesses in the complaint. In the list of witnesses annexed with the complaint four witnesses besides complainant were named. However, neither of those w...
S.P. Kori Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-18-2001
Reported in: 2001CriLJ3468; 2001(2)MPHT300; 2001(2)MPLJ702
ORDERS.C. Pandey, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the proceedings in Special Case No. 74/2000 pending in the Court of Special Judge, Khurai, District Sagar.2. The applicant was Sub-Divisional Officer in Department of Water Resources, Khurai. The applicant alongwith one M.L. Rawla (since deceased) who was working as Sub-Engineer were charged with an offence punishable under Section 5 of M.P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 (for short 'the Adhiniyam') as also under Section 409/34, IPC. The job of present applicant and co-accused M.L. Rawla to supervise the construction of stop-dam constructed at Guryana, Sagar, After the construction of dam was concluded on 8-12-95, the Executive Engineer under whom the present applicant was working, sent the completion report to the Chief Engineer. Thereafter the fully commissioned stop-dam was handed over to District Rural Development Authority. On 16-1-96 the Asstt. Coll...
Makhanlal Choubey and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2001
Reported in: AIR2001MP258
ORDERDipak Misra, J.1. The petitioners are bhumiswamis of Khasra No. 75/12, Village Condia, Khasra No. 59 Jaisinagar, Revenue Circle, Tahsil and District Sagar. They hadgrown teak trees over the said area. According to the petitioners teak is a forest produce and the State Legislature has created a monopoly in favour of the State Government by enacting M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (hereinafter referred to as 'the Act'). Under the provisions of the aforesaid Act there is total restriction on purchase or transport on specified forest produce except in accordance with the provisions of Section 5 of the Act. Under the Scheme of the Act timber is required to be sold to the State Government, its officers or its agents and they are in turn to dispose of the same in accordance with the provisions of the Act. Under the provisions of Sections 240 and 241 of the M.P. Land Revenue Code, 1959 permission is accorded to a Bhumiswami to cut the trees. As per the said Code the Bhum...
Metalman Pipe Mfg. Co. Ltd. and anr. Vs. Commissioner of Sales Tax and ...
Court: Madhya Pradesh
Decided on: Jan-18-2001
Reported in: [2001]122STC124(MP)
ORDERA.M. Sapre, J.1. By filing this writ under Article 226/227 of the Constitution of India, the petitioner prays for following reliefs :(a) Issue a writ of mandamus directing the respondents to release the goods forthwith without levy of penalty.(b) To declare that the detention and seizure of the goods by the authorities concerned was illegal, bad in law and without jurisdiction and the petitioner is entitled to the release of goods.(c) To issue a writ of certiorari or any other writ, direction or order requiring the respondents to certify this honourable court, all the records of the proceedings in which the order of seizure, if any, is passed and after examining the legality and/or propriety, quash the same.(d) That to issue a writ of certiorari or any other writ, direction or order requiring the respondents and in particular the respondent No. 2 (Check-post Officer) to certify to this honourable High Court all the records of the proceedings in which the impugned notices (annexure...
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