Madhya Pradesh Court January 2002 Judgments
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Prakash Bhagwani Vs. Sammati Food Products Pvt. Ltd., Sagar
Court: Madhya Pradesh
Decided on: Jan-21-2002
Reported in: AIR2002MP127; 2002(2)MPHT100; 2002(3)MPLJ344
ORDERS.P. Khare, J.1. This is a revision by the judgment debtor against the order by which the executing Court has directed execution of the money-decree by his arrest and detention in prison on the application of the decree-holder.2. It is not in dispute that judgment debtor Prakash Bhagwani was carrying on whole-sale business of Maida, Suji and flour in the name of 'Bhagwani Sales Agency' in Gandhi Bhawan, Jhulelal Market, Jabalpur and he had purchased goods from decree-holder Sammati Food Products Private Limited, Sagar in connection with that business. The decree-holder filed civil suit against him and obtained the money decree in respect of the price of those goods. The execution is for recovery of Rs. 91,248/-. This execution case is pending for eight years. Now the business in the name of 'Pasand Traders' is being carried at the same place in the same commodities. Jitendra Kumar is brother of the judgment-debtor.3. The case of the decree-holder is that the whole-sale business in...
Rajasthan Traders Vs. State
Court: Madhya Pradesh
Decided on: Jan-21-2002
Reported in: 2002(3)MPHT123; 2002(2)MPLJ314
S.L. Kochar, J. 1. The applicant has filed this revision petition against the order passed by Scssions Judge, West Nimar, Mandleshwar in Criminal Appeal No. 330/2000 wherein the learned Judge affirmed the order passed by the Collector/Licensing Authority, District Khargone in case No. 13/2000 where the Collector found that contravention of Madhya Pradesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991 (for short, 'the Order') under which license was granted and there was breach of Condition Nos. 2 and 3 and Clause 8 (i) of the said Order was committed by the applicant and ordered for confiscation of Rs. 50,000/- (Rupees Fifty thousand) out of price of wheat weighing 494.50 quintals worth Rs. 2,96,000/-.2. The facts of the case in brief are that the Food Inspector inspected the premises of the applicant on 6th of June, 2000 and found that in the stock register dated 20-4-2001, 2 quintals wheat was mentioned in excess and the same was not rectified even ...
Hiralal and anr. Vs. Bhoja (Dead) Through L.Rs. and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2002
Reported in: 2002(3)MPHT252
A.K. Gohil, J.1. The appellants/defendants have filed this second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 19-8-1982 passed by Additional Judge to the Court of District Judge, Mandleshwar in Civil Regular Appeal No. 9-A/82 whereby decreed the suit of the respondents/plaintiffs by setting aside the judgment and decree passed by Civil Judge, Class-II, Sendhwa which was passed on 23-2-1982 and whereby suit of the respondents/plaintiffs was dismissed for declaration of title and for partition and possession including mesne profits.2. This appeal was admitted for final hearing on the following substantial questions of law :--'(1) Whether respondent Nos. 2 to 8 daughters of original Bhumiswami Chinda had relinquished their share over the suit lands in the mutation proceedings before the revenue authorities ? (2) What will be the effect of any such alleged relinquishment ? (3) Whether the respondents are estopped from claiming title over th...
Sunderlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-21-2002
Reported in: 2002(3)MPHT571; 2002(3)MPLJ125
1. Appellant Sunderlal stands convicted under Section 302, IPC, with sentences of imprisonment for life and fine of Rs. 1000/-, vide impugned judgment dated 21-2-90 passed by IInd Additional Sessions Judge, Raisen in Sessions Trial No. 35/89. 2. Appellant Sunderlal has been found guilty of causing solitary incised wound on the head region of his younger brother Hari Singh by means of an axe during the course of an altercation between them in the night of 28-12-88, leading to his death the same night. 3. Appellant's conviction is founded on the solitary eye-witness account of Mishri Bai (P.W. 12), widow of deceased Hari Singh, who has categorically deposed that on the fateful night when her husband Hari Singh was abusing his elder brother appellant Sunderlal, the appellant suddenly came out and dealt one blow by means of an axe on the head region of her husband Hari Singh and, thereafter, fled away. 4. The learned Counsel for the appellant vehemently argued that the Trial Court has erre...
Vinay Kumar Kohli Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2002
Reported in: AIR2003MP1; 2003(1)ARBLR340(MP); 2002(2)MPHT96
ORDERS.P. Khare, J.1. This is a revision by the plaintiff against the order by which his appeal under Order 43 Rule 1 (r) C.P.C. challenging the rejection of his application for temporary injunction by the trial Court has been dismissed.2. It is not in dispute that there was a contract dated 29-9-1995 between plaintiff Vinay Kumar Kohli and defendant No. 3 'Chairman, Cable T.V. Network Committee, Ordnance Factory, Katni' for running a Cable T.V. Network in the factory area for a period of five years. This contract was renewed by Agreement dated 22-9-2000 for a period of three years. Clause 19 (ii) of this Agreement provides : 'General Manager, Ordnance Factory, Katni shall be empowered to cancel the contract if there is continuous unsatisfactory service or improper functioning of the system resulting in frequent interruptions.' Clause 20 further stipulates 'In case of any dispute between the contractor and the nominated/constituted committee by the G.M., O.F., Katni, decision of the G....
Nabab Khan Alias Nawab and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-18-2002
Reported in: 2004CriLJ94
S.L. Kochar, J.1. Being aggrieved by the judgment and finding dated 22nd June, 1996, all these 17 appellants, have preferred this appeal against their conviction for commission of murder of four persons, by Sessions Judge, Shajapur in S.T. No. 236/94 convicting the appellants for offences punishable under Section 302 read with Section 149 of IPC sentence to R.I. for life imprisonment with fine of Rs. 1000/- each also under Section 148 of IPC, R.I. for two years and under Section 307/149 of IPC R.I. for 5 years each, Jail sentences were directed to be run concurrently and in default of payment of fine further S.I. for one year each. It has also been ordered by trial Court about its equal distribution of total amount of fine among the widows of four deceased persons and in the event of non-availability of widows, to the mothers of the deceased as compensation.2. The prosecution case before the trial Court in short was that on 19-4-1994, all 4 deceased persons named Bafati Khan, Bahadur K...
O.P. Chaudhary Vs. Uday Bhan Singh and anr.
Court: Madhya Pradesh
Decided on: Jan-17-2002
Reported in: 2002(2)MPHT41
ORDERN.S. Azad, J. 1. The petitioner seeks quashment of Criminal Case No. 2519/2001, pending in the Court of Vijay Chandra, J.M.F.C., Bhopal, which is stated to be Criminal Case No. 1539/2001 in petition. In this petition dated 16th of October, 2001, the petitioner further seeks the relief of setting aside the order, in framing the charge against this petitioner, for offence punishable under Section 409 of the IPC. It is not being disputed that by notification issued by Ministry of Home, Govt. of M.P,, which is dated 25th of October, 1994, the petitioner was appointed as Eviction Officer in Directorate of Estates. This notification is marked as Annexure B. Then by letter dated 9th of October, 95 under Secretary, Dept. of Home, made a request to Director, Directorate of Estate, Bhopal for getting Govt. Residence of F- 93/33 vacated, which was in possession of retired Principal Shri U.V. Singh, who is non-applicant No. 1 in this petition. This letter is marked as Annexure C. The aforesai...
Premlal Shrivas Vs. State of M.P. and ors. Overruled
Court: Madhya Pradesh
Decided on: Jan-17-2002
Reported in: 2002(2)MPHT473; 2002(3)MPLJ82
ORDERBhawani Singh, J. 1. This writ petition is directed against the order of the M.P. Administrative Tribunal, Jabalpur, dated 18-4-2001, passed in O.A. No. 1253/1995.2. The petitioner is serving in the Police Department of the State Government. He preferred representation to the respondents seeking correction of his father's name and date of birth in the service record, which was rejected by the Assistant Director General of Police (Works), Police Head Quarters, Bhopal. The petitioner was appointed Constable in the Police Department in 1965. In the service record prepared at the time of enrolment in the service, his date of birth is 1-6-1942 and father's name is Gayadeen. This petition continued till 1990, when he came to know about incorrections as to father's name and date of birth in the service record. Accordingly, he preferred representation, which was rejected. In support of this plea, he depends on fact that he did not sign the service record at the time of entry in service no...
Rewa Prasad Vs. Smt. Amsa Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2002
Reported in: AIR2003MP45; 2002(3)MPHT184
ORDERK.K. Lahoti, J. 1. This appeal is directed against the order passed by the learned Single Judge in First appeal No. 343/1995, dated 22-9-2001 by which judgment and decree passed by 9th Additional District Judge, Jabalpur in Civil Suit No. 199-A/95 was affirmed.2. Plaintiff/respondent filed a suit claiming l/3rd share in the joint family property. The suit was decreed and the plea of defendant that there was already a partition on 24-11-1952 was negatived and a decree for partition passed.3. Shri Alok Aradhe, learned Counsel appearing for the appellant, has contended that the defendant-appellant has not been given due opportunity to adduce the evidence and suit has wrongly been decreed in spite of registered partition deed dated 24-11-1952.4. The learned Single Judge has considered this aspect and has found that the defendant was given sufficient opportunity but neither he nor his witnesses were examined. On perusal of Trial Court records, it is found that the plaintiff had closed ...
Smt. Sunderbai and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-17-2002
Reported in: 2002(5)MPHT173; 2002(3)MPLJ561
ORDERDipak Misra, J.1. By this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioners have prayed for quashment of order dated 7-7-1984, Annexure P-3, passed by the respondent No. 2 whereby a draft statement was published under the Urban Land (Ceiling and Regulation) Act, 1976.2. Mr. L.N. Namdeo, learned Counsel for the petitioner, has raised two fold contentions, namely, the land of the petitioners was not included in the master plan of Jabalpur and, therefore, it could not have been treated as vacant land and, therefore, determination of land as surplus as has been done by the competent authority under the Act is null and void in view of the decision rendered in the case of Atia Mohammadi Begum v. The State of U.P. and Ors., AIR 1993 SC 2465, and the decision by this Court in W.P. No. 833/91, decided on 12-12-1995 (Trilok Singh Yadav v. Stale of M.P. and Ors.); and secondly the possession of the land having not been taken over as envisaged und...
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