Madhya Pradesh Court November 2001 Judgments
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Vinod Kumar Vs. State
Court: Madhya Pradesh
Decided on: Nov-29-2001
Reported in: 2002(1)MPHT214
ORDERN.S. Azad, J.1. This petitioner is facing trial in Criminal Case No. 914/2000 pending in the Court of J.M.F.C. Waraseoni, for the offence punishable under Sections420 and 406/34, IPC, who framed charges against this petitioner on 16-12-2000. Then this petitioner and two others unsuccessfully challenged that order, in Criminal Revision No. 41/2001, which stood disposed of by First Addl. Sessions Judge, Waraseoni on 9-8-2001.2. Shri Pandey has led me through the statements of witnesses, namely, Bhuvan Lal (Branch Manager), M.R. Pachori, Rajendra Arora, B.L. Kawde and T.L. Daneshwar. In addition to this, he took me through the photostat copy of letter addressed to Home Minister by M.L.A., a letter of Home Minister written to the Collector, Balaghat and a letter written by the Collector to the Field Officer, Zila Antyavsai, Balaghat. On the basis of the aforesaid documents, it is submitted by Shri Pandey that in fact this petitioner is falsely implicated and a false case is made out a...
Bhag Chand Vs. State
Court: Madhya Pradesh
Decided on: Nov-29-2001
Reported in: 2002(1)MPHT22
ORDERN.S. Azad, J.1. C.D. of Crime No. 113/2001 of P.S. Kotwali, Damoh Dchat, Dist. Damoh, pertaining to offences punishable under Sections 34(1-A) and 49(A) of the Excise Act perused.2. On 11th February, 2001, this petitioner is alleged to have been found in possession of 60 litres of country made liquor, who is in custody since 12th February, 2001.3. A perusal of order dated 11th July, 2001 passed by Third Addl. Sessions Judge, Damoh, on petitioner's bail application discloses that the charge against this petitioner was framed on 11th May, 2001. Therefore, keeping in view the provision contained in Sub-section 6 of Section 437 of the Cr.PC, it is ordered that the petitioner shall be released on his executing a personal bond worth Rs. 15,000/- with a surety in the like amount to the satisfaction of JMFC concerned.C.C. as per rules....
Neo Sack Ltd. Vs. Commissioner of Cus. and C. Ex., Indore
Court: Madhya Pradesh
Decided on: Nov-29-2001
Reported in: 2002(80)ECC67; 2002(139)ELT506(MP)
A.M. Sapre, J.1. By filing this writ under Articles 226 and 227 of the Constitution of India, the petitioner has sought quashing of what they describe in the relief clause to be a demand letter, dated 6-9-2000, issued by Deputy Commissioner of Customs, LCD., Pithampur (Annexure P-19). Since, the challenge is only/to this impugned letter, it is necessary to reproduce the same infra verbatim to understand the challenge laid and issued urged :-'Subject: conversion of EPCG Licence No. 01500532, dated 10-10-96 from Zero duty scheme to 15% duty scheme-reg.' Please refer to DGFT, New Delhi's letter No. 01/36/2/24/AMS/EPCG-11/266, dated 30-7-2001 on the above mentioned subject. On your request EPCG Licence has been converted to 15% Duty EPCG Licence from zero duty EPCG Licence by DGFT vide the above referred letter. After this conversion, the governing Customs notification for the said licence has also changed from Customs Notifications 111/95 to 110/95 and consequent upon you are liable to pa...
Steel Tubes of India Limited Vs. Assistant Commissioner of Commercial ...
Court: Madhya Pradesh
Decided on: Nov-29-2001
Reported in: [2003]131STC422(MP)
ORDERA.M. Sapre, J.1. The decision rendered in this writ shall govern disposal of other two writs of this very petitioner being W.P. nOR. 2364 and 2365 of 2001, as all these three petitions involve identical issues.2. Challenge in this writ filed by the petitioner under Articles 226 and 227 of the Constitution of India is to an assessment order dated May 29, 2001 (annexure P1) and an order passed under Section 19 of the Madhya Pradesh Genera] Sales Tax Act, 1958 and also Madhya Pradesh Commercial Tax Act (annexure P2), passed by the Additional Commissioner, Commercial Tax, Indore, Circle 3, for the period from April 1, 1989 to March 31, 1990.3. The main ground on which the learned counsel for the petitioner assailed these assessment orders was that they were passed contrary to earlier remand order passed by higher authorities (revisionary authority). The submission was that time and again, the assessment orders were being set aside by the revisionary authority and directions were given...
Smt. Mayabai Vs. Mishrilal
Court: Madhya Pradesh
Decided on: Nov-29-2001
Reported in: I(2002)DMC361
ORDERS.B. Sakrikar, J.1. Applicant (wife) has directed this application under Section 24 of the C.P.C. against the non-applicant seeking transfer of Hindu Marriage Case No. 0/00 pending in the Court of IIIrd Addl. District Judge, Ujjain, to the competent Court at Ratlam.2. In the application, it is alleged that the applicant was married to non-applicant at Village Bajenda, Tehsil Namli, District Ratlam on 20.4.1988 and had three children born out of the said wedlock aged about 9 years, 7 years and 5 years respectively. It is stated that the non-applicant behaved with cruelty and in May-June, 2000 he turned her out from the matrimonial house for bringing money from her father and thereafter she is living along with his father at village Bajeda, Tehsil Namli, District Ratlam. That on 5.9.2000, the applicant filed one application against the non-applicant in the Court of J.M.F.C, at Ratlam under Section 125 of Cr. P.C for grant :of maintenance. The non-applicant with the intention to hara...
D.R. Longre and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-28-2001
Reported in: 2002(1)MPHT421; 2002(2)MPLJ534
ORDERN.S. Azad, J.1. This order shall dispose of M.Cr.C No. 2691/99 Filed on behalf of D.R. Longre and M.Cr.C. No. 1362/2001 filed on behalf of Sylvester Ekka.2. These petitions are filed, seeking the relief of quashment of proceedings in Criminal Case No. 387/94, pending in the Court of J.M.F.C., Baihar, Distt. Balaghat, on the ground of lack of sanction for prosecution as provided in Section 197 of Cr.PC.3. The facts leading to the prosecution of these two petitioners may be summarised as follows:--D.R. Longre and Sylvester Ekka were working and in control of relief work, which was being carried out at Singhbagh, Jalgaon and Manikpur stop dam in the capacity of S.D.O. and Sub-Engineer respectively in the Department of Water Resources under the State Government of Madhya Pradesh. It is alleged against both of these petitioners that while disbursing the payment to the labourers, which were engaged to carry out the work, these two petitioners prepared the forged muster rolls and by show...
Arjun Vs. Ranchhod and ors.
Court: Madhya Pradesh
Decided on: Nov-28-2001
Reported in: 2002(1)MPHT558
ORDERS.L. Kochar, J. 1. This petition has been directed by the applicant under Section 378(3) of Cr.PC for grant of leave to file appeal against the judgment of acquittal of non-applicants Ranchhod and seven others, passed by Sessions Judge, Dewas in S.T. No. 78/2000, dated 6-5-2000.2. Police of Police Station Industrial Area, Dewas filed a charge sheet for offences under Sections 147, 148, 323, 336, 302 read with Section 149 of IPC against the non-applicants and other two convicted accused persons i.e., Dr. Bhagirath and Bhojraj.3. The prosecution case in short was that on 28-1-2000 in the noon at 12.15 p.m., in Village Chhota Tigaria, voting was going on, at Booth Nos. 148 and 149 for Gram Panchayat Election. At the time of said voting, deceased Raghu alias Ashok s/o Doulatram reached at Polling Centre and asked for Ballet Papers. On which the Polling Officer (Pithasin Adhikari) disclosed that Ashok had already polled his vote. It is further alleged by the prosecution that the accuse...
Vishali and ors. Vs. Rajendra and ors.
Court: Madhya Pradesh
Decided on: Nov-28-2001
Reported in: 2002(1)MPHT27
P.C. Agrawal, J. 1. Surendra Kumar (R-4), Birendra Kumar (R-5), Santram (R-3), Rajkumar (R-2) and Rajendra (R-l) are sons of Ram Kripal (R-6) and his wife Pan Bai (R-7). These sons filed a civil suit on 8-10-86 challenging an auction sale held by Revenue Court on 1-9-71 of khasra No. 547 area 8.191 hectares, land revenue 30.84 paise, situate in village Bhanpur. Tehsil Ajaygarh (to be called as 'suit land' only) in favour of Vishali (A-1). The grounds have been taken that :--(1) The same was for repayment of loan taken by Ram Kripal for immoral purpose and (2) that sale was nullity. (a) firstly because a higher bid of Rs. 4000/- put by one Motilal was disregarded while the bid of Vishali (A-1) who had bid next lower bid of Rs. 3000/- was accepted and (b) Secondly that the l/4th sale amount was not deposited immediately but was deposited on the next day rest of the amount i.e., 3/4th of sale amount was deposited on 22-2-78 about 6-1/2 years afterwards when the sale was confirmed. 2. It...
Ramesh Vs. Sunita Bai and ors.
Court: Madhya Pradesh
Decided on: Nov-28-2001
Reported in: II(2002)DMC285; 2002(1)MPHT23; 2002(1)MPLJ479
ORDERN.S. Azad, J.1. Arguments heard.2. Records of both the Courts below also perused.3. The non-applicant No. 1 successfully challenged in Criminal Revision No. 69/99 before Third Addl. Sessions Judge, Chhindwara the orderdated 30th March, 1999 passed by CJM, Chhindwara in M.Cr.C. No. 88/96 registered on the application moved on behalf of non-applicants under Section 125 of the Cr.PC, wherein, the non-applicants were refused their claim for maintenance. The learned Third Addl. Sessions Judge, Chhindwara granted maintenance to non-applicant No. 1 at the rate of Rs. 500/- per month and to each of the non-applicant Nos. 2 and 3 at the rate of Rs. 300/- per month since the date of filing the petition in the Lower Court i.e., 10th Jan., 1996.4. Now the petitioner challenges the order dated 19th July, 2001, passed by Third Addl. Sessions Judge, Chhindwara in aforesaid Criminal. Revision No. 69/99. Since a remedy in revision was available to this petitioner, I allow this request of Shri Lalw...
Mahesh Kumar Saini Vs. State
Court: Madhya Pradesh
Decided on: Nov-28-2001
Reported in: 2002(1)MPHT25
ORDERN.S. Azad, J.1. Heard.2. This petitioner is facing Criminal Trial No. 514/99 in the Court of CJM, Hoshangabad, for offences punishable under Sections 147,148,325 and 506 read with Section 34 of the IPC, on a police report filed on 13th July, 1999. By order dated 4th September, 2001, the learned CJM has disallowed and rejected the petitioner's applications filed for seeking exemption under Section 205 of the Cr.PC. Criminal Revision filed to challenge the aforesaid order of CJM, which was registered as Crime No. 104/2001, also stood disallowed and rejected by First Addl. Sessions Judge, Hoshangabad, on 7th of November, 2001.3. Now it is submitted by Shri Pcndarkar that the application seeking exemption from attendance in Court should not be disallowed or rejected, so far as petty offences are concerned. In support of his argument he has invited the Court's attention to Akram and Anr. v. State of M.P., reported in 2001(1) M.P.H.T. page No. 3, which pertains to offence punishable und...
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