Madhya Pradesh Court October 2001 Judgments
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Tukaram Vs. Nirvachan Adhikari
Court: Madhya Pradesh
Decided on: Oct-11-2001
Reported in: 2002(1)MPHT540; 2002(1)MPLJ91
ORDERA.M. Sapre, J.1. By filing this writ under Articles 226/227 of Constitution of India, the petitioner seeks to assail the order dated 6-2-2001 (Annexure P-12) passed by Returning Officer, Ujjain, under Municipal Corporation Act, By impugned order, the Returning Officer has rejected the nomination paper of petitioner. Facts that led to filing of this writ need mention in brief.2. An election for Councillor for Ward No. 35 of Nagar Palika Nigam, Ujjain were announced. The Ward No. 35 was declared as a reserved constituency - earmarked for SC/ST Community, for contesting election for the post of Councillor.3. The petitioner claiming to belong to Scheduled Tribe Community 'Halba' submitted his nomination paper on 26-9-2000, for contesting election for the post of Councillor from Ward No. 35. The respondent (Returning Officer) by his order dated 26-5-2000 (Annexure P-10) rejected nomination paper. The petitioner then felt aggrieved filed writ being W.P. No. 1175/2000challenging the orde...
Laxman Prasad Rajak and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-10-2001
Reported in: 2002(1)MPHT533; 2002(1)MPLJ196
Arun Mishra, J.1. This appeal is preferred by the appellants aggrieved by the order dated August 1st, 2001 passed by the learned Single Judge of this Court dismissing the Writ Petition No. 2206/2000 and several others similar writ petitions by a common order.2. The appellants were appointed as 'Gurujis' under the scheme called the 'The Education Guarantee Scheme' which was framed by the Govt. of M.P. in furtherance of its constitutional obligation to provide free and compulsory education for all the children until they complete the age of 14 years. The petitioners were appointed as 'Gurujis' on the honorarium of Rs. 500/- per month. A committee was formed on the district level for implementation of the scheme. The State level committee was also constituted. Budget provisions and disbursement of the amount are provided in para 8.2 of the policy.3. In the District of Tikamgarh various centres were established under 'The Education Guarantee Scheme' and 400 Gurujis were appointed. The Dist...
Ramesh Gupta Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-10-2001
Reported in: 2002(1)MPHT56
N.K. Jain, J. 1. Heard.2. Accused applicant Dr. Ramesh Gupta who is facing trial on the charge under Sections 3/7 of the Essential Commodities Act, is aggrieved by the order dated 21-8-2001 passed by the Trial Magistrate directing for implead-ment of one Maheshchandra Gupta as co-accused of the case and for his trial jointly with the present accused applicant.3. The impugned order is passed by taking recourse to Section 319 of the Code of Criminal Procedure. It is significant to note that the offence in question was committed way-back on 22-12-79. The charge-sheet in the case was filed on 6-1-1982. The charges were framed on 1-4-82. It was only after the entire prosecution evidence was recorded and the case was closed for judgment that the learned Magistrate on his own passed the impugned order, thus, reopening the entire case after more than 20 years of its institution.4. While Section 319 of the Code of Criminal Procedure gives ample power to Court to take cognizance and add any pers...
Pratiksha Vs. Pravin
Court: Madhya Pradesh
Decided on: Oct-09-2001
Reported in: I(2002)DMC242; 2002(1)MPHT276; 2002(1)MPLJ68
ORDERA.K. Gohil, J. 1. The appellant/wife, who is defendant in a divorce petition filed by the respondent/husband under Section 13(1)(a) of the Hindu Marriage Act, has filed this Misc. Appeal under Order XLIII Rule 1 of the Code of Civil Procedure (for short 'the Code') against the order dated 27-7-1998 passed by IXth Additional District Judge, Indore in Hindu Marriage Case No. 258 of 1998 granting an injunction against the appellant/wife restraining her not to enter forcibly into the house of the respondent/husband.2. The facts giving rise to this appeal are that the respondent/husband filed a divorce petition under Section 13(1)(a) of the Hindu Marriage Act against the appellant/wife on the ground of cruelty. Alongwith this petition, respondent/husband has also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code praying therein that appellant/wife be restrained not to forcibly enter into the house of the respondent/husband because the appellant/wife...
Leela Purohit and Company Vs. Arun Agrawal and ors.
Court: Madhya Pradesh
Decided on: Oct-09-2001
Reported in: AIR2002MP58; 2002(1)MPLJ342
ORDER1. This is a revision by the defendants No. 1 to 4 against the order by which the plaintiffs appeal under Order 43 Rule 1 (r) C.P.C. has been alloowed and these defendants have been restrained from lev-elling the tank and raising any construction thereon until the decision of the suit. 2. Undisputed facts of the case are that by order dated 6-7-1965 of the Additional Collector, Jabalpur it was directed: 'the tank bearing Khasra No. 1318 within Murwara be recorded in the name of appellant Shri T.C. Bajan subject to rights of utetarjsfsr-cised by the villagers in th5 tank'- In the Khatauni of the year 1954-55 It Is recorded that according to wajib-ul-arz the villagers take bath and their cattle drink water and bathe in this tank. After the aforesaid order the entries which appear against this Khasra are :- (Vernacular matter omitted......Ed.This entry continued up to the year 1977-78. It was deleted by the order dated 2-5-1979 of the Sub-Divisional Officer on the application of T.C....
Bhopal Development Authority Vs. National Consumer Disputes Redressal ...
Court: Madhya Pradesh
Decided on: Oct-08-2001
Reported in: 2002(1)MPHT454; 2002(1)MPLJ432
Arun Mishra, J. 1. This appeal is preferred by the Bhopat Development Authority (for short 'the Authority') assailing the order passed by the learned Single Judge. The Single Judge has dismissed the writ petition challenging the order passed by the National Consumer Disputes Redressal Commission.2. Respondent No. 3 applied for allotment of a flat situate at Ankur Complex, Shivajinagar, Bhopal. The Authority delayed the delivery of possession. The possession of the flat was supposed to be delivered on 1-1-1991; it was delivered on 17th March, 1992. The dispute arose as to the demand of escalated cost. The respondent No. 3 demanded compensation for late delivery of the possession. The District Consumer Disputes Redressal Forum (for short 'the District Forum') negatived the claim on the ground of limitation though it found that there was deficiency of service. An appeal was taken to the State Consumer Disputes Redressal Commission (for short 'the State Commission'). The State Commission a...
Smt. Shalini Darekar Vs. Ashish
Court: Madhya Pradesh
Decided on: Oct-08-2001
Reported in: I(2002)DMC517
S.B. Sakrikar, J.1. The Counsels are heard on the application filed on behalf of thze petitioner (wife) under Section 24 of the C.P.C. for transfer of Hindu Marriage Case No. 6/99 pending in the Court of IInd ADJ, Shajapur to any Court of competent jurisdiction at Indore, Barwaha or Vidisha. In the subsequent application filed on behalf of the applicant, LA. No. 1752/2001, the petitioner submitted that the aforesaid case may be transferred to competent Court at Indore. On behalf of non-applicant, no written reply is filed to the aforesaid application. However, the learned Counsel apearing for the non-applicant does not have any objection if the pending case at Shajapur is transferred to competent Court at Indore.2. On considering the facts stated in the application, it emerged that the non-applicant Ashish Kumar has filed an application before the ADJ, Shajapur under Section 9 in the alternative under Section 13 of the Hindu Marriage Act against the applicant for grant of decree for re...
Rekha Vs. Shri Travels and ors.
Court: Madhya Pradesh
Decided on: Oct-08-2001
Reported in: 2003ACJ1559
A.M. Sapre, J.1. The decision rendered in this appeal shall govern the disposal of other appeal being Misc. Appeal No. 696 of 1995, Shri Travels v. Rekha, as both these appeals involve common question of facts and, secondly, they arise out of one impugned award rendered in one claim case.2. This appeal is filed by the claimant under Section 173 of Motor Vehicles Act, against an award dated 14.8.1995 passed by First M.A.C.T., Mhow, District Indore in Claim Case No. 37 of 1988. By impugned award, the learned Member of Tribunal is pleased to partly allow the claim of the claimant (appellant herein). The claimant is not satisfied with what is awarded to her and hence she has come up in appeal for enhancement through her father, natural guardian and also for other reliefs as will be clear from the facts stated infra in brief.3. The claimant-appellant, a minor girl aged 15 years at the relevant time was student of 7th class in one school, Rajlika in Indore. On 1.3.1988 the school authorities...
Commissioner of Income-tax Vs. Ram Singhani Dall Mills
Court: Madhya Pradesh
Decided on: Oct-06-2001
Reported in: [2002]254ITR264(MP)
A.M. Sapre, J. 1. This is an application made by the Revenue under Section 256(2) (since repealed) of the Income-tax Act, 1961, seeking to call for a reference to this court on questions of law which according to the Revenue do arise out of the order of the Tribunal passed in second appeal bearing ITA No. 903/Ind of 1985 decided on October 18, 1990. By order dated March 27, 1991, the Tribunal ('the ITAT, Indore'), was pleased to reject the application made by the Revenue under Section 256(1) of the Act, holding, inter alia, that no question of law arises out of the Income-tax Appellate Tribunal order, and hence no reference could be made to the High Court. 2. For the assessment year 1979-80, the respondent (assessee) filed a return showing loss to the extent of Rs. 11,400. However, when the Assessing Officer (AO) made the assessment, he was of the view that the total income of the assessee is Rs. 71,970 which included a sum of Rs. 77,454 being the sum towards sales tax. In the opinion ...
Mohan Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-05-2001
Reported in: 2002(1)MPHT547; 2002(1)MPLJ510
Rajeev Gupta, J.1. Appellant Mohan Singh stands convicted under Section 302, IPC with sentence of imprisonment for life, vide impugned judgment dated 11-9-90, passed by Sessions Judge, Shahdol in Sessions Trial No. 47/90.2. Appellant Mohan Singh has been found guilty of causing four external injuries on his wife Mst. Subhiya Bai by means of a sickle in the noon of 22-11-89, in his field situated in village Karpa, Distt. Shahdol.3. Appellant's conviction is founded on the incriminating circumstances that deceased Subhiya Bai was last seen alive in the company of the appellant a few hours before her death; immediately after the incident the appellant came back to his house and left his minor daughter in the custody of his father; and body of Subhiya Bai was found next morning lying in the appellant's field. Though the prosecution also relied upon the alleged seizure of the weapon of offence 'sickle' at the instance of the appellant, but as no blood stains much less of human origin were d...
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