Madhya Pradesh Court February 2001 Judgments
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Ashok Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-08-2001
Reported in: 2001CriLJ2439; 2001(2)MPHT151
1. Appellant has preferred this appeal being aggrieved by his conviction for offence under Section 302 of the Indian Penal Code and sentence of rigorous imprisonment for life, passed by the 3rd Addl. Sessions Judge, Bhopal in Sessions Trial No. 64/84, by judgment dated 29-7-1989.2. It is an admitted position that the deceased Mohni alias Madhu was the wife of the appellant. According to the prosecution, appellant and the deceased fought several litigation and sometimes prior to the date of the incident, deceased had started living with him. On 21-12-82 Police Control Room gave information to the Hanumanganj Police Station about the death of Mohni on the basis of which, a Murg was registered. During the investigation, it was found that appellant used to harass the deceased which led her to commit suicide and accordingly case under Section 306 of the Indian Penal Code was registered.3. Dead-body of the deceased was sent for post-mortem examination which was jointly conducted by P. W. 8 D...
Rajendra Singh Vs. Administration
Court: Madhya Pradesh
Decided on: Feb-08-2001
Reported in: 2001(2)MPHT377
ORDERN.K. Jain, J.1. Heard.Applicant is aggrieved by the order dated 11-12-2000 passed by Special Court, Dhar, whereby the Court below on an application made by accused respondent No. 2 Rafiq Khan under Section 319 of Cr.P.C., has issued notice to the applicant to show-cause as to why he should not be impleaded as co-accused in the case together with respondent No. 2 Rafiq Khan who is facing trial on the charges under the Prevention of Corruption Act, 1988.2. It is a common ground that evidence in the case has yet not commenced. In fact, the case is still fixed for arguments for framing of charges.3. It is too well settled that the Court can issue process against a person who is not charge-sheeted under Section 193, only after having begun the trial and having recorded some evidence of the prosecution. [See : Ranjeet Singh, 1998 (7) SCC 149 and Tegnarayan, 1999 SCC (Cr.) 356]. In the instant case, as already pointed out, the trial is at the stage of framing of charge. Obviously, the st...
Coverage and Consultants Limited Vs. Union of India and anr.
Court: Madhya Pradesh
Decided on: Feb-08-2001
Reported in: (2001)169CTR(MP)217; [2001]250ITR289(MP)
A.M. Sapre, J.1. By filing this writ under Articles 226 and 227 of the Constitution of India, the petitioner--an assessee under the Income-tax Act--seeks a writ of mandamus for acceptance of his figure of tax payable under the Kar Vivad Samadhan Scheme, 1998 (for short 'the KVSS'). The facts of the case lie in a narrow compass.2. Consequent upon the introduction of the Kar Vivad Samadhan Scheme, the petitioner made an application (annexure A) to the designated authority (Commissioner of Income-tax, Indore) in the prescribed Form No. 1A. According to the petitioner, they were only liable to pay a total tax outstanding to the tune of Rs. 4,66,324. In other words, the petitioner's case was that out of the total liability of tax due from the petitioner of Rs. 1,31,46,459 out of which they have already paid a sum of Rs. 1,26,04,352. On this basis, the petitioner offered to pay a balance sum of Rs. 4,66,324 and settled the matter by filing the application under the Kar Vivad Samadhan Scheme,...
Mridula Chincholikar and ors. Vs. Indore Development Authority and ors ...
Court: Madhya Pradesh
Decided on: Feb-07-2001
Reported in: 2001(4)MPHT348
ORDERJ.G. Chitre, J.1. The petitioners are venting out their grievances of not getting promotion, by way of presentation of this writ petition challenging the order Annexure R-l by which respondent 3 Smt. Amita Makwana has been promoted to the post of P. A/Steno on pay scale of Rs. 8000-275-13500 in view of the decision taken by D.P.C. held on 5-1-2000.2. Shri C.B. Patne, counsel appearing for the petitioners submitted that in view of Annexure P-11, Notification of M.P. State dated 30th May, 96 published in Official Gazette dated 1-6-96, the State of M.P. categorised the cadre of the State Employees which included public relation officer at S. No. 14 falling in category or' Gazetted Officer Clause II. It further pointed out that senior stenographer falls in the cadre of Clause III employees and get pay scale of Rs. 1640-2900. In view of that, it is submitted by Shri Patne that respondent No. 1 I.D.A. illegally promoted respondent 3 Smt. Makwana to the post of P.A./Steno at the pay scal...
Hukum Singh Vs. Narayan Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-07-2001
Reported in: 2002ACJ2109
Shambhoo Singh, J.1. This appeal is directed by the claimant against the award dated 31.1,1997 passed by IV Addl. Motor Accidents Claims Tribunal, Dewas, in Claim Case No. 229 of 1993 whereby he was awarded compensation of Rs. 1,25,000 for the injuries sustained by him in the accident.2. The case of the claimant was that on 25.5.1993, he was going to Dewas from his village Napakhedi on his cycle. When he reached near Bane Singh's field while going on kacha road (patri), respondent No. 1 came from behind driving passenger bus No. MP 13-0 2828 belonging to respondent No. 2 and insured with respondent No. 3 in a rash and negligent manner and dashed against him as a result of which he sustained injuries on his spinal cord, hip and other parts of the body. He was admitted in M.Y. Hospital, Indore and was discharged on 7.6.1993. He was employee in S. Kumar's Ltd. and was insured under Employees' State Insurance Act. He took treatment in insurance hospital. Due to injuries in spinal cord his ...
Union of India Vs. R.B. Shukla and Others
Court: Madhya Pradesh
Decided on: Feb-06-2001
Reported in: 2001(2)MPHT66
ORDERS.S. Jha, J. 1. Petition is by Union of India, challenging the order passed by the Authority under the Payment of Wages Act, Labour Court, Gwalior. S.P.C. was sent to the respondent No. 1 for hearing of the case, for today ie., 6-2-2001 but none appears for respondent No. 1. Earlier also, respondent No. 1 though appeared in the Court and sought adjournment in spite of adjournment, he is not appearing in the Court. Respondent No. 1 insisted that a counsel should be appointed for him by the Court, which is not permissible under the law. Respondent No. 1 was directed to approach the Legal Service Authority for appointment of a counsel for him, but he has not approached the Legal Service Authority for appointment of a counsel for him.2. Respondent No. 1 moved an application under Section 15 of Payment of Wages Act, praying that the respondent No. 1 was appointed in Western Railway, Kota Division, on the post of Ticket Collector. Then, he was sent on deputation as Inspector Ticket Chec...
Padam Kumar Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2001
Reported in: [2001]250ITR45(MP)
A.M. Sapre, J.1. The short question that falls for consideration in this writ filed under Articles 226 and 227 of the Constitution of India is, whether the impugned action of the respondent-income-tax authorities (Tax Recovery Officer) in auctioning the house in question is in confer-mity with the requirement of Rule 11 of the Second Schedule framed under Section 222/276 of the Income-tax Act, 1961. Since the respondent, i.e., the Income-tax Department, despite notice to them did not choose to file any return/counter affidavit placing any material on record, though the matter is pending in this court for the last seven years and hence, 1 have no option but to proceed to decide the petition only on the basis of what is pleaded and filed in the petition by the petitioner.2. In realisation of certain income-tax arrears from respondent No. 4-- Gulab Chand (since dead)-and now deleted from the cause title, two houses bearing Nos. 118, Satigate and house No. 37, Musaddipura, both situated in...
Shyam Narayan Tripathi Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-05-2001
Reported in: 2001CriLJ3029; 2001(2)MPHT122; 2001(2)MPLJ234
ORDERFakhruddin, J. 1. This petition under Section 482, Cr.P.C. has been filed on behalf of the petitioner, who is practising Advocate of Ashoknagar (Guna), for expunging the remarks given against him by the Trial Court, while rejecting his application for adjournment, vide impugned order dated 29-5-2000.2. The impugned order dated 29-5-2000 was passed by the Trial Court in a Criminal Misc. Case No. 64/95 (State of M.P. v. Sukka and others), in which an application was made by the present petitioner seeking adjournment on the ground of self-illness, which was rejected by the impugned order and certain remarks were also passed against the petitioner/Advocate. The Trial Court in the impugned order aforesaid also noted that the counsel has not been appearing from 9-3-96 onwards and nor he has filed memo of appearance on the record. While rejecting the application, the following remarks were passed by the Trial Court as under:--vr% Li'V gS fd Jh ';keukjk;.k f=ikBh ,M+vfHk;qDrx.k dh vksj ls...
Lok Ayukta of Madhya Pradesh Vs. Umashankar Gupta, Mayor, Municipal Co ...
Court: Madhya Pradesh
Decided on: Feb-05-2001
Reported in: 2001CriLJ2397; 2001(2)MPHT285; 2001(2)MPLJ180
ORDERC.K. Prasad, J. 1. Bereft of unnecessary details, facts necessary for the decision of this contempt petition are that the Bhopal Municipal Corporation look decision on 27th April, 1999 to set-up Power Generation Project based on urban waste to subserve twin purpose of eliminating the garbage and urban waste and to improve the environmental condition of the city. With this object in mind, the Municipal Corporation invited tenders from the interested parties, firms and companies for the work of energy generation from solid waste. In response thereto, tenders were received, out of which one of the lenders was offered by M/s. Balaji Traders, which is consortium of several constituents; one of them being Mr. M.Z. Siddiqui, son of Lok Ayukta of the State of Madhya Pradesh, Hon'ble Mr. Juslice Faizanuddin. Shri Siddiqui is an Engineer and had 5% interest in the business of M/s. Balaji Traders for the service he would be rendering as an Engineer to it. According to the Municipal Corporati...
Abhishek Malviya Vs. Addl. Welfare Commissioner and Others
Court: Madhya Pradesh
Decided on: Feb-05-2001
Reported in: 2001(4)MPHT159
ORDERDipak Misra, J. 1. In the case of Union Carbide Corporation v. Union of India, 1991 SCC (4) 584, the Apex Court observed as under :-- 'Early in the morning of December 3, 1984, one of the greatestindustrial tragedies that history has recorded got clamped down on the otherwise quiet township of Bhopal, the capital of Madhya Pradesh. The incident was large in magnitude 2,660 people died instantaneously and quite a good number of the inhabitants of the town suffered from several ailments. In some cases the reaction manifested contemporaneously and in others the effect was to manifest itself much later.' 2. The present litigation relates to a situation wherein the manifestation was really at a much later stage inasmuch as the petitioner was in his mother's womb. In the 'Puranas' it has been narrated that 'Ashtabakra' learnt 'Shashtras' while he was in the womb of his mother and listened to the sagacious discourses of his father and 'Abhimanyu' son of 'Sabyasachi' acquired the knowled...
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