Madhya Pradesh Court February 2001 Judgments
State of M.P. and anr. Vs. Dr. P.K. Shrivastava and 17 ors.
Court: Madhya Pradesh
Decided on: Feb-26-2001
Reported in: 2001(5)MPHT349; 2001(3)MPLJ1
Arun Mishra, J.1. State of Madhya Pradesh is assailing the order passed by in Writ Petition No. 2939/89 by which the learned Single Judge allowing the writ petition, a direction has been given to the State to revise the pay scales of the respondents who are lecturers in the faculty of Education in various colleges receiving grant-in-aid from the Government, similar to the pay scales as is given to the Lecturers/Assistant Professors of the Government aided Colleges of Arts, Science and Commerce faculty with effect from 1986.2. The respondents are working in the private Colleges which were receiving 100% grant-in-aid. Though they perform same function, their pay scales are different from those as are given to their counter parts in the Government Colleges and in other faculties in aided Colleges. While revising the pay scales under Revision of Pay Rules, 1990 which were made applicable with effect from 1986, their salary was not revised. The respondents are serving in various colleges kn...
Tag this Judgment!Amarnath Dwivedi and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-24-2001
Reported in: 2001(5)MPHT343; 2001(3)MPLJ53
ORDERDipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioners in this batch of writ petitions have prayed for issue of a writ of mandamus to the Secretary, Board of Secondary Education to enforce the order dated 15-12-2000, issued by the State Government and further to command the said respondent to issue examination forms to the students to enable them to undertake the examination to be held in the mid of March, 2001. For the sake of clarity and convenience the facts of W.P. No. 851/2001 are adumbrated herein.2. The petitioner No. 1 is the President of Nisant Higher Secondary School and petitioner No. 2 is the working President of Gyanganga Teerath Prasad Tiwari High School. Both the schools are situate in the District of Rewa. It is averred in the writ petition that both the schools are run by two different societies. The petitioner No. 1 started the school on 1-7-99 and submitted the recognition f...
Tag this Judgment!N.P. Jharia Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-24-2001
Reported in: 2001(5)MPHT416; 2001(2)MPLJ588
S.P. Khare, J.1. Appellant N.P. Jharia has been convicted under Section 5 (1)(e) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter to be referred to as the Act) and sentenced to rigorous imprisonment for three years and to a fine of Rs. 75,000/-.2. It is not in dispute that the appellant was appointed as Sales Tax Officer on 16-9-1975 and he was occupying that post during the check period 16-9-1975 to 31-12-1983. He was married to Pushpa Jharia (D.W. 1) in the year 1969 and he has three children.3. The prosecution case is that during the period 16-9-1975 to 31-12-1983 the appellant was in possession of pecuniary resources and property worth Rs. 10,19,210/- as disproportionate to his known sources of income. A detailed discussion will be made later in this judgment. After investigation the Special Police Establishment had submitted 'final report' on 1-3-1990 informing the Court that no offence is made out against the appellant. That final report was accepted...
Tag this Judgment!N.P. Jharia Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-24-2001
Reported in: 2001CriLJ3212
S.P. Khare, J.1. Appellant N.P. Jharia has been convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter to be referred to as the Act) and sentenced to rigorous imprisonment for three years and to a fine of Rs. 75,000/-.2. It is not in dispute that the appellant was appointed as Sales Tax Officer on 16-9-1975 and he was occupying that post during the check period of 16-9-1975 to 31-12-1983. He was married to Pushpa Jharia (DW 1) in the year 1969 and he has three children.3. The prosecution case is that during the period 16-9-1975 to 31-12-1983 the appellant was in possession of pecuniary resources and property worth Rs. 10,19,210/- as disproportionate to his known sources of income. A detailed discussion will be made later in this judgment. After investigation the Special Police Establishment had submitted 'Final Report' on 1-3-1990 informing the Court that no offence is made out against the appellant. That final report was accepted ...
Tag this Judgment!Murari Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-23-2001
Reported in: 2001CriLJ2968; 2001(2)MPHT129; 2001(2)MPLJ242
ORDERFakhruddin, J. 1. The applicant has filed this revision against his conviction under Section 304A, Indian Penal Code, and sentence of nine months simple imprisonment and a fine of Rs. 2,000/- and in default, to further simple imprisonment for six months, passed by the Fifth Additional Sessions Judge, Morena, in Criminal Appeal No. 19/1994, vide judgment dated 12-9-1997, whereby the Lower Appellate Court while affirming the conviction under Section 304A, IPC, reduced the sentence of imprisonment from one year to nine months and affirmed the fine, passed by the Judicial Magistrate First Class, Jaura (District Morena), in Criminal Case No. 82/1986, decided on 22-1-1994.2. Briefly stated, prosecution case is that the applicant on 8-5-1986 at about 9 P.M. in the night was driving truck bearing No. MPW/1875. The truck was carrying stone slabs. Several people including the three deceased persons and the injured were sitting on the stone slabs in the truck. Due to rash and negligent drivi...
Tag this Judgment!Ku. Divya Tiwari Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2001
Reported in: 2001(5)MPHT178; 2001(3)MPLJ26
ORDERDipak Misra, J.1. Invoking the extra ordinary jurisdiction of this Court the petitioner has prayed to call for the record from the cutody of respondent No. 2 and upon perusal of the same to command the respondents to declare her as a successful candidate in the Secondary School Examination and further to direct them to issue fresh mark sheet declaring her to have passed in the examination. Quite apart from the above prayer is also made for imposing cost on respondent Nos. 2 and 3 for commission of serious irregularity.2. The facts as have been uncurtained are that the petitioner appeared in the All India Secondary School Examination, 1997 conducted by Central Board of Secondary Education. In the aforesaid examination she failed in the subject of Mathematics. It has been averred that respondent No. 1 had started many beneficial schemes for providing better educational facilities to such students who are unable to continue their studies regularly. As a result of the said scheme Nati...
Tag this Judgment!Rajni Sudhakar Mane and ors. Vs. Govind and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2001
Reported in: 2003ACJ305
Shambhoo Singh, J.1. This appeal is directed by the claimants against the award dated 22.12.1992 passed by Fourth Additional M.A.C.T., Dewas, in Claim Case No. 65 of 1993.2. Claimants' case, in brief, was that on 14.2.1992, at 6 p.m. the deceased, Sudhakar Shanker Mane, husband of appellant No. 1 and father of appellant Nos. 2 and 3 was coming to his house from the factory on his scooter. In Ram Bag, respondent No. 1 Govind, came from opposite direction, driving truck No. MBI 9535, belonging to respondent Nos. 2 and 3 and insured with respondent No. 4, in a rash and negligent manner and dashed against him as a result of which he died. His age was 42 years and he was earning Rs. 72,090 per year from Hind Filters, where he was serving as Additional Production Manager. The claimants filed claim case seeking compensation of Rs. 14,25,000. The respondents resisted the claim. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the tru...
Tag this Judgment!Vikas Kumar JaIn and Others Vs. Smt. Rita JaIn and Another
Court: Madhya Pradesh
Decided on: Feb-20-2001
Reported in: 2001(2)MPHT127; 2001(2)MPLJ310
ORDERS.P. Khare, J. 1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for quashing the complaint filed by respondent Smt. Rita Jain on the ground that the Court at Bhopal has no territorial jurisdiction to entertain this complaint.2. In the complaint it is alleged that accused Vikas Kumar Jain, Vijay Kumar Jain and Smt. Sarla Jain have committed the offence of criminal breach of trust which is punishable under Section 406, IPC. A list of articles has been submitted alongwith the complaint. Smt. Rita Jain was married to accused Vikas Kumar Jain. According to the complainant the articles as per list Annexure I were given by her parents to the accused persons and these articles are her Stridhan property. One of the items is said to be bankdrafts of Rs. Two Lakhs. The evidence in support of the complaint was adduced. After recording the evidence the Addl. Chief Judicial Magistrate, Bhopal has held that it has territo...
Tag this Judgment!Bandi Udham Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-20-2001
Reported in: 2001CriLJ3259; 2001(2)MPHT252; 2001(2)MPLJ15
ORDER1. Heard the learned counsel for the petitioner as well as the learned Government Advocate representing the respondent-State.2. Perused the record.3. The petitioner has prayed for a direction requiring the respondent to release him from the jail custody complying with the order issued by the State Government dated 10-8-1998, as he satisfied the requisite condition which entitled to the emission of the sentence and his unconditional release.4. The record indicates that the petitioner had been convicted under Sections 395/397 and 396, IPC and sentenced to life imprisonment vide the judgment and order dated 31-5-1979 passed by the Sessions Judge and his appeal to this Court was dismissed vide the judgment and order dated 29-4-1980, confirming his conviction and the sentence awarded to him.5. It may be noticed that the Stale Government had issued an order on 10-8-1998 exercising its jurisdiction contemplated under Section 432(1) of the Code of Criminal Procedure, 1973, providing inter...
Tag this Judgment!Daryanamal Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Feb-20-2001
Reported in: 2001(3)MPHT135
ORDER1. Heard the learned counsel for the petitioner. Perused the record.2. A sale-deed in respect of a house was executed by Patiram Kushwah in favour of the petitioner for a consideration of Rs. 1,14,000/-on 11-7-1995. The instrument of sale-deed was executed on the general stamp papers of the value of Rs. 14,250/-. The general stamp papers were purchased on 10th July, 1995.In the aforesaid sale-deed, the vendor had in equivocal terms staled that he had received the entire sale consideration agreed upon and had also handed over possession of the property to the vendee which was the subject-matter of the sale-deed.3. It is not disputed that the aforesaid sale-deed could not be presented for registration with the result that the transfer remained ineffectual in law.4. On 15th September, 1995, the vendee, the present petitioner moved an application praying for the refund of the amount for which the general stamp papers had been purchased after deducting the commission. Along with the ap...
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