Madhya Pradesh Court October 2001 Judgments
Jabalpur Plywoods Vs. Sushila Shukla
Court: Madhya Pradesh
Decided on: Oct-31-2001
Reported in: 2002(1)MPHT165; 2002(1)MPLJ527
ORDERS.P. Khare, J.1. These are the revisions by the non-applicants under Section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act) against order dated 5-11-1999 by which the Rent Controlling Authority has directed them to deliver vacant possession of the non-residential suit accommodation to the applicant.2. It is not in dispute that non-applicants are tenants of the applicant in the suit accommodation in a part of house No. 517, Madhatal, Jabalpur at a monthly rent of Rs. 350/-. At present the suit accommodation consists of two shops but initially it was let out in the year 1976 as one shop to the non-applicants. They are two brothers--one is carrying on his business in the name of 'Jabalpur Plywood' and the other in the name of 'Plywood Agencies'. Applicant Smt. Sushila Shukla is carrying on business in the name of 'Ankur Lodge' just behind the suit accommodation. The access to that lodge is through a narrow passage of 8'-3' on the eastern s...
Tag this Judgment!Sanjeev Mishra and anr. Vs. Manoj Jain
Court: Madhya Pradesh
Decided on: Oct-31-2001
Reported in: 2002CriLJ1704; 2002(2)MPHT47; 2002(1)MPLJ286
ORDERN.K. Jain, J. 1. This petition under Section 482 of the Code of Criminal Procedure is directed against the judgment dated 9-8-2001, passed by IIIrd Addl. Sessions Judge, Indore, in Criminal Revision No. 448/2000, dismissing petitioners' aforesaid revision for enhancement of sentence solely on the ground that the Sessions Court has no power to enhance the sentence. 2. On a complaint made by the petitioners under Section 138 of the Negotiable Instruments Act, accused-respondent Manoj Jain was convicted and sentenced to pay fine Rs. 2,500/- as also the compensation by Judicial Magistrate First Class, Indore, in Criminal Case No. 31/1999. Dissatisfied with the quantum of sentence, complainant-petitioners preferred revision (Cr. Rev. No. 546/2000) before this Court. In the meanwhile, the accused respondent filed appeal (No. 221/2000) against his conviction in the Sessions Court, Indore, which was ultimately made over to IIIrd ASJ, Indore. On being informed about filing of the appeal by...
Tag this Judgment!Ramchandra and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2001
Reported in: 2001(4)MPHT501
ORDERN.K. Jain, J. 1. This revision is directed against the order dated 22-9-2001 passed by the 1st Addl. Sessions Judge, Neemuch in S.T. No. 204/2000 framing charges under Sections 27 and 29 of the M.P. Vinirdishta Bhrastha Acharan Nivaran Adhiniyam, 1982 and overruling the objection raised by the accused-applicants as to the tenability of the prosecution. 2. The offences in question are said to have been committed in between 17-1-1989 and 20-2-1995. Initially the charge-sheet was filed directly in the Sessions Court in the year 1997. However, the charge-sheet was returned to the prosecution on 31-8-2000 for being presented before the Magistrate for committing the case to the Court of Sessions. The charge-sheet was accordingly represented before the CJM, Neemuch on 31-8-2000 who in turn committed the case to the Sessions Court and which ultimately led to passing of the impugned order giving rise to this revision. 3. It is a common ground that both the aforesaid provisions i.e.,Section...
Tag this Judgment!Commissioner, Customs and Central Excise, Raipur and anr. Vs. Shyamlal ...
Court: Madhya Pradesh
Decided on: Oct-31-2001
Reported in: 2001(4)MPHT393; 2002(4)MPLJ254
ORDERS.L. Kochar, J. 1. The petitioners have lodged their grievance by filing this writ petition against the order dated 4th Aug., 2000, in O.A. No. 599/2000 Shyamlal Dewangan v. Union of India and Ors, passed by Central Administrative Tribunal, Jabalpur. The Central Administrative Tribunal while deciding the application of respondent Shyamlal Dewangan challenging his transfer order from Bhilai to Range Waidhan, Division Satna made observations/directions directing that 'within a year of his joining, the respondent should be transferred either to Bhilai or any station in or around Raipur on humanitarian grounds so that the applicant's family life and his children's education is not disturbed for long'. By this order dated 4th August, 2000 (Annexure P-6) the Central Administrative Tribunal did not quash the order of transfer on the ground as urged by respondent Shyamlal Dewangan but made the aforesaid observation.2. The factual matrix giving rise to this petition is as follows: Responde...
Tag this Judgment!Smt. Phoolwanti Bai Vs. Rewaram Pandav
Court: Madhya Pradesh
Decided on: Oct-31-2001
Reported in: II(2002)DMC32
ORDERS.S. Saraf, J.1. This petition under Section 482, Cr. P.C. has been directed for quashing the order dated 31.3.2001 passed by the learned IInd Additional Sessions Judge, Waraseoni in Criminal Revision No. 87/2000 modifying the order dated 16.6.2000 passed by the learned Judicial Magistrate First Class, Waraseoni in Miscellaneous Criminal Case No. 3/1995 on the application filed by the petitioner for grant of maintenance under Section 125, Cr. P.C.2. On an application filed by the petitioner against the respondent for grant of maintenance allowance under Section 125, Cr. P.C, the learned Magistrate by Murder dated 16.6.2000 directed the respondent to pay an amount of Rs. 500/- per month to the petitioner as maintenance allowance from the date of application. Being aggrieved by the order of the learned Magistrate, the respondent filed a revision before the Court of Sessions. The learned IInd Additional Sessions Judge, Waraseoni by the impugned order dated 31.3.2001 reduced the amoun...
Tag this Judgment!Sajjan Kumar Panda Vs. Smt. Mithlesh Kumari
Court: Madhya Pradesh
Decided on: Oct-31-2001
Reported in: II(2002)DMC255
ORDERS.S. Garg, J.1. This petition under Section 407 read with Section 482, Cr. P.C. has been filed for transfer of Miscellaneous Criminal Case No. 138/2000 pending in the Court of learned Judicial Magistrate, First Class, Bina, District Sagar to any other Court outside the district of Sagar.2. The respondent has filed a petition under Section 125, Cr. P.C. against the petitioner for grant of maintenance allowance which is Miscellaneous Criminal Case No. 138/2000 pending in the Court of learned Judicial Magistrate, First Class, Bina, District Sagar. It is alleged that on 30.9.2000 when the petitioner was in the Court premises, he was forcibly taken to a room by Raju, the brother of the respondent and one another person named Dr. Pahalwan. In that room he was beaten by both of them and was compelled to pay Rs. 2 lacs. He anyhow managed to escape and sent a written report on 3.10.2000 to the Superintendent of Police, Sagar and S.D.O. (Police), Bina. It is further alleged that on 14.11.20...
Tag this Judgment!Gambhir Singh Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Oct-30-2001
Reported in: 2002(1)MPHT205; 2002(3)MPLJ323
ORDERBhawani Singh, C.J. 1. This writ petition is directed against the order of the Central Administrative Tribunal (CAT), dated December 16, 1997, passed in O.A. No. 558/95. 2. The petitioner alleges that he was engaged Casual Labourer by the respondents. He performed duties from 28-11-1972 to 18-7-1974 reflected in the records of the respondents. Subsequently, he was engaged in 1988. While he was engaged during 28-11-1972 to 18-7-1974, he performed duties as Casual Labourer at Bhopal and in 1988 at Guna. He possessed duty card, however, he has been proceeded departmentally on the charge that he produced forged casual labour service card. The Enquiry Officer found that he served from 1972 to 1974, but there was no corresponding entries in the office record. There isalso indication that Shri S.K. Khanna took charge in 1986, therefore, casual labour service card could not bear his signature, as such, the same is bogus. The petitioner was removed from service, which action he challenged ...
Tag this Judgment!Smt. Pratibha Das Vs. Dr. V.G. Narsinghani
Court: Madhya Pradesh
Decided on: Oct-30-2001
Reported in: 2002(2)MPHT138
ORDERChandresh Bhushan, J.1. Heard learned counsel for the petitioner on the question of admission.2. Aggrieved by the judgment dated 30-7-2001 of Shri Atul Khandelwal, Judicial Magistrate First Class, Jabalpur, in Criminal Case No. 487 of 1996 holding the non-applicant No. 1 not guilty for the offence punishable under Section 354 of the IPC, and for which the non-applicant No. 1 was tried by him.3. The petitioner, who is a junior scientist working under the non-applicant No. 1, lodged a complaint in Police Station Adhartal, Jabalpur against the non-applicant No. 1 of assault on her with intent to outrage her modesty. The police, after due investigation, filed the challan against the non-applicant No. 1, who was thereafter, tried by the Court of Judicial Magistrate First Class, Jabalpur.4. The learned Trial Magistrate, after completing the trial of the case, pronounced the impugned judgment dated 30-7-2001 acquitting the non-applicant No. 1. Feeling aggrieved by that judgment, the peti...
Tag this Judgment!Khuda Baksh (Deceased) Through His L.Rs. and ors. Vs. Union of India ( ...
Court: Madhya Pradesh
Decided on: Oct-30-2001
Reported in: II(2002)ACC265
ORDERV.K. Agarwal, J.1. By this common order M.A. No. 1154/1996 and M.A. No. 1034/1996 (1997 7) are being disposed of as both the said appeals involve common question.2. The original appellant Khudabaksh filed claim petitions before the Railway Claims Tribunal, Bhopal claiming compensation for damages suffered by him on account of short delivery of consignment booked by him. The said petitions were admittedly filed after three years but before the expiry of three months thereafter from the date of booking of the goods. An application under Section 15(2) of the Limitation Act, read with Section 17(2) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'Act' for short), was filed. It was averred in the said application that as notice under Section 78(b)(now under Section 106 of the Railway Act, 1989) was a statutory requirement; hence, the petitioner/appellant was under a bona fide belief and was also legally advised that in computing the period of limitation, period of ...
Tag this Judgment!Urdu Boys Higher Secondary School and anr. Vs. Education Officer for U ...
Court: Madhya Pradesh
Decided on: Oct-29-2001
Reported in: 2002(1)MPHT289; 2002(1)MPLJ296
ORDERArun Mishra, J. 1. The petitioners, school and society challenge the order passed by the Education Officer, Khandwa endorsed at the bottom of order of termination dated31-12-1982 of Ku. Sabiha Saifi, who was working temporary as Lecturer. Termination order was passed by the Manager, Urdu Boys Higher Secondary School, Khandwa pursuant to the meeting of the Executive Body/Managing Body held on 30-12-1982, in which it was decided to terminate the service. The order Annexure P-16 was issued by the Manager. The petitioner submits that the order endorsed by the District Education Officer is invalid, which runs as under:--'The termination order is invalid hence the Lecturer is instructed to continue to attend the school and report to me daily before leaving the school.' Education Officer & PrincipalGovt. Multi-purpose HigherSecondary School, Khandwa. 2. The petitioner submits that the order was passed without hearing and the petitioner being minority institution, no interference could be...
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