Madhya Pradesh Court March 2001 Judgments
Chandra Bhan Singh Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Mar-31-2001
Reported in: 2001(2)MPHT242; 2001(2)MPLJ419
ORDERBhawani Singh, C.J.1. Shri Chandra Bhan Singh and Shri Rao Khetsingh were elected members of Zila Panchayat, Damoh. Election of President, Zila Panchayat, Damoh was held on March 1, 2000 in which they contested against each other. Polling was followed by counting of votes. Shri Chandra Bhan Singh was declared elected and granted certificate to that effect under Rule 17 of the M.P. Panchayat (Up-Sarpanch, President, Vice-President) Nirvachan Niyam, 1995 (hereafter for short 'the Rules of 1995'). Shri Rao Khetsingh immediately approached the Election Tribunal and obtained stay against issuance of notification under Rule 22 of the Rules of 1995. The Election Tribunal entertained the election petition and stayed issuance of notification. Finally, the election of ShriChandra Bhan Singh was set aside. This order of Election Tribunal, passed at the instance of Shri Rao Khctsingh has been challenged through Writ Petition No. 2349 of 2000 by Shri Chandra Bhan Singh.2. The substance of chal...
Tag this Judgment!Durgalal Vijay Vs. Govt. of M.P. and Others
Court: Madhya Pradesh
Decided on: Mar-31-2001
Reported in: 2001(3)MPHT105; 2001(2)MPLJ291
ORDERS.S. Jha, J.1. Petitioner has filed this petition challenging his unlawful detention and for quashing the criminal proceedings initiated against him by respondent No. 2. Petitioner has also claimed damages to the tune of Rs. one lac.2. Petitioner has submitted that he alongwith his wife and two sons had purchased separate pieces of land which were adjacent to each other in Gandhi Chowk, Sheopur Kalan, through registered deed of sale. Thereafter, construction was made on the aforesaid plots in the year 1984-85, On 27-1-1997 respondent No. 3 Shri M.K. Agrawal was posted as Additional Collector at Sheopur Kalan, which was at that time part of District Morena. Respondent No. 2 S.K. Sharma was holding the post of Sub-Divisional Magistrate and respondent No. 4 was Town Inspector of Sheopur Kalan. According to the petitioner, respondent No. 3 had come to the spot and manhandled him which caused injuries to the petitioner. Thereafter, the petitioner was taken to the Police Station, Sheopu...
Tag this Judgment!Smt. Usha Guru Baxani Vs. Lalit Guru Baxani and Others
Court: Madhya Pradesh
Decided on: Mar-31-2001
Reported in: 2001CriLJ4305; I(2002)DMC188; 2001(3)MPHT197; 2001(3)MPLJ485
ORDERUsha Shukla, J. 1. Applicant is the first wife of non-applicant No. 1 and non-applicant No. 2 is his brother. A complaint was filed by her before the Judicial Magistrate First Class, Jabalpur against both the aforesaid non-applicants and five others including the second wife of non-applicant No. 1. The case was registered by the Magistrate against the two non-applicants alone for an offence of bigamy under Section 494 of the Indian Penal Code against Lalit Gurubaxani, and under Sections 494/109, IPC against his brother non-applicant No. 2. Both the non-applicants challenged the jurisdiction of the Court alleging that only the Court at Satna where the first marriage was performed, or the Court at Rewa where the second marriage was performed, had jurisdiction to try the offence. This objection was overruled by the learned Magistrate by an order passed on 16-9-1996, holding that the Court at Jabalpur had jurisdiction under Section 182(2) of the Code of Criminal Procedure, 1973. This ...
Tag this Judgment!Nanhi Bai and ors. Vs. Netram
Court: Madhya Pradesh
Decided on: Mar-31-2001
Reported in: 2001CriLJ4325; I(2002)DMC463; 2001(4)MPHT405; 2001(3)MPLJ170
ORDERA.K. Mishra, J.1. Learned Single Judge Shri Justice S.K. Dubey (as he then was) has referred the instant revision to Larger Bench, in order to decide the question whether the application filed for recovery of the amount of previous one year under Section 125(3) of the Code of Criminal Procedure, 1973 can continue for recovery of the future amount also and whether it is necessary to file separate application/applications for the amount falling due in future during the pendency of the said proceedings. As learned Single Judge has referred the entire revision, we are deciding the same after hearing the parties on merits.2. Learned Single Judge found conflict in the judicial pronouncements of this Court in the case of Loonchand v. Hemkanta (Criminal Revision No. 334 of 1985) decided on 5-3-1986 [1986 (I) MPWN 144] decided by Shri Justice K.L. Shrivastava, learned Single Judge and in the case of Vimal Kumar v. Siya Bai (Criminal Revision No. 92/91 (J) decided on 28-4-93 by Shri Justice...
Tag this Judgment!Dr. (Smt.) Sunita Sharma Vs. State of M.P. and Three ors.
Court: Madhya Pradesh
Decided on: Mar-31-2001
Reported in: 2001(5)MPHT276; 2001(2)MPLJ524
ORDERS.P. Srivastava, J.1. Dr. Sunita Sharma, the appellant in L.P.A. No. 199 of 1999; who was an 'in service' candidate holding the post of Assistant Surgeon and fell in 'general category', had appeared in the PRE-PG-1999 examination held by Professional Examination Board, Madhya Pradesh, Bhopal and was able to secure 370 marks out of the total mark of 900.2. Dr. (Kum.) Roli Agarwal, the appellant in L.P.A. No. 227 of 1999. Who was an 'institutional candidates' and fell in the 'general category' had also appeared in the same entrance examination and had secured 620 marks out of total marks of 900. Both the aforesaid doctors had sought for their admissions in the Post Graduate M.S. course in the subject of 'Gynaecology' and 'Obstetrics'.3. The Writ Petition No. 1213/99 giving rise to L.P.A. No. 199 of 1999 was filed on 9-8-1999. Whereas the Writ Petition No. 1659 of 1999 giving rise to L.P.A. No. 227 of 1999 was filed on 25-10-1999. Both the writ petitions were consolidated and heard t...
Tag this Judgment!New India Assurance Co Ltd. Vs. Savitri and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2001
Reported in: III(2002)ACC310
ORDERUsha Shiikla, J.1. Respondent Savitri Bai was a young unmarried girl aged about 18 years in January, 1991. Respondent Bhaggu was aged about 42 years. They were both labourers. On 30th January, 1991 both these respondents along with some other labourers were returning on truck No. MPN 5996 after loading stones in this truck at river Patha. This truck overturned on way to Ghoda Dongri causing injuries to both respondents Savitri Bai and Bhaggu. Both the respondents filed separate claim petitions for compensation for injuries sustained by them in this accident. These petitions were registered as Claim Case Nos. 20 and 21 of 1992 and were disposed of by a common award passed on 28.4.1994 by First Additional Motor Accident Claims Tribunal, Betul. This award has been challenged by the Insurance Company in these Misc. Appeal Nos. 886/1994 and 885/1994 which are being disposed of by this common order.2. Compensation was claimed by the two injured persons on the ground that the accident ha...
Tag this Judgment!Ramesh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-30-2001
Reported in: II(2001)DMC666
C.K. Prasad, J.1. Appellants being aggrieved by their conviction for offence under Section 306 of the Indian Penal Code and sentence of rigorous imprisonment for five years and fine of Rs. 1,000/-, in default rigorous imprisonment for three months, passed by IIIrd Addl. Sessions Judge, Chhindwara in Sessions Trial No. 153/88 by judgment dated 29.11.1989, have preferred this appeal.2. According to the prosecution, two years prior to 8.8.1988, deceased Phoolwati was married to appellant No. 1 Ramesh and he used to assault the deceased on the issue of preparation of meal. Deceased Phoolwati whenever used to come to her parents' place from the house of her in-laws, she used to complain that her husband and mother-in-law i.e. appellant No. 2 Mst. Phutana Bai harassed her. According to the prosecution on 8.8.1988 at 7 a.m. she had gone to answer the call of the nature but did not return and on search the utensil which she had carried was found near the bamboo bush but she was found traceless...
Tag this Judgment!National Insurance Company Ltd. Vs. Shivshankar and ors.
Court: Madhya Pradesh
Decided on: Mar-30-2001
Reported in: II(2001)ACC588
ORDERA.K. Gohil, J.1. The appellant-Insurance Company has filed this appeal Under Section 173 of Motor Vehicles Act against the award passed on 28.3.1997 in Claim Case No. 184/94 by the Member, Motor Accident Claims Tribunal, Barwaha.2. The submission of Mr. Dandwate, learned Counsel for the appellant is that the Insurance Company has filed this appeal on two grounds, (1) that in the criminal case the owner of the vehicle has admitted that the driver Dinesh who was driving the vehicle was not having the valid driving licence and the Tribunal has not considered this admission of the owner and has committed an illegality of not exonerating the Insurance Company, (2) that the Tribunal has also not considered the case of breach of condition of insurance policy, as the owner was using the vehicle for other than agricultural purposes.3. I have heard the learned Counsel for the parties and perused the record. In para 19 of the award the Trial Court has rejected the submission of the Insurance...
Tag this Judgment!Gulab Chand Chandani Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-29-2001
Reported in: 2001(2)MPHT342; 2001(3)MPLJ467
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 prosecution of the petitioner under Section 420, IPC and Sections 69 and 81 of the Trade and Merchandise Marks Act, 1958 (hereinafter to be referred to as the Act).2. On 22-3-2000 Sanjeev Marwaha submitted a report before the Station Officer, Kotwali, Sagar in which he complained that accused Gulab Chand Chandani is manufacturing plastic shoes at Sagar using the trade name 'Micro Art 439' which is registered in the name of Ajay Industries, New Delhi. The complainant is the Salesman in this firm. The police registered a case under Section 420, IPC. After investigation a charge-sheet has been filed against the petitioner before the Chief Judicial Magistrate, Sagar.3. The petitioner contends that the offence under Section 420, IPC is prima facie not made out and the offence, if any, would be covered by Sections 78 and 79 of the Act...
Tag this Judgment!Kanhaiyalal and Another Vs. Nagar Palika Nigam and Khandwa and Another
Court: Madhya Pradesh
Decided on: Mar-29-2001
Reported in: 2001(3)MPHT320
ORDERV.K. Agrawal, J.1. The plaintiffs/petitioners filed a suit for declaration and permanent injunction against respondent No. I/Municipal Corporation, Khandwa. It was alleged by them that they had constructed their house after obtaining permission from respondent No. 1/Corporation. According to them, the construction of their house was completed in the year 1988, and that they are residing therein from the year 1989. However, the respondent No. 1/Corporation intends to demolish the construction made by them on the ostensible ground that the construction was illegally made and was not as per terms of permissionfor construction. Hence, it was prayed that the defendant/respondent No. 1 be restrained from demolishing the construction raised by plaintiffs/petitioners.2. The defendant/respondent No. 1 denied the above averments. It was denied that the construction was made after obtaining permission or that it was completed in the year 1988. It was alleged that the construction was illegal...
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