Madhya Pradesh Court January 2002 Judgments
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Surendra Kumar Dilliwai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2002
Reported in: 2002(1)MPHT415; 2002(1)MPLJ441
ORDERA.K. Gohil, J.1. The petitioner has filed this review application under Order XLVII Rule 1 of the Code of Civil Procedure against the order dated 5-6-2000 delivered by Hon'ble Shri J.G. Chitre, J., in Writ Petition No. 1167 of 2000 dismissing the same in motion hearing in summer vacation.2. The material and short facts giving rise to this review petition tie in narrow compass: The petitioner had filed one petition under Articles 226/227 of the Constitution of India on 31-5-2000 which was registered as Writ Petition No. 1167 of 2000 alongwith two applications, one for urgent hearing and the other application for hearing writ petition in the summer vacation as the matter was very urgent and it was specifically prayed in those applications that the matter is very urgent, therefore it should be heard during summer vacation very early. In the writ petition the order passed by the State Administrative Tribunal in O.A. No. 905 of 1993 on 3-5-2000 was under challenge. Ordinarily such peti...
Prakash Chand Soni Vs. Anita Jain
Court: Madhya Pradesh
Decided on: Jan-09-2002
Reported in: 2002(2)MPHT424; 2002(2)MPLJ121
ORDERS.P. Khare, J.1. This is a revision by the defendant against the order by which his application under Section 10, CPC for stay of the suit has been rejected.2. Defendant Prakash Chand Soni was tenant of Kesharbai in a portion of house No. 303, Golganj, Chhindwara. She has sold this house to plaintiff Anita Jain by registered sale-deed dated 14-6-1995. She has filed the present Civil Suit No. 53-A of 1998 for eviction of the defendant on 13-1-1997 under various clauses in Section 12 (1) of the M.P. Accommodation Control Act, 1961. The defendant claims that Kesharbai by Agreement dated 17-5-1995 had contracted to sell this house to him and he has instituted Civil Suit No. 16-A of 1997 on 12-2-1997 in the Court of Ist Additional District Judge, Chhindwara for specific performance of the contract of sale against Kesharbai and the present plaintiff Anita Jain. In the eviction suit the evidence of both the sides has been recorded. In the suit for specific performance of contract the evi...
Shivnath and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-08-2002
Reported in: 2002(1)MPHT260; 2002(1)MPLJ553
Uma Nath Singh, J. 1. This is an appeal from the judgment and findings recorded by the learned Sessions Judge, Sidhi, in the Sessions Trial No. 65/88 whereby accused/appellants were convicted for offences under Sections 302/34 and 201/34, IPC and sentenced to life imprisonment and one year R.I. respectively.2. Deceased Manshah, as well as both the accused persons namely Shivnath and Nanhu, and the eye-witnesses of the incident resided in village Amlori, Jhiria, on 21-5-88, the date of incident. At about 8-9 in the evening of the said date in the presence of Kunti and Ramkhilavan, wife and uncle of the deceased, the accused persons took the deceased along on a pretext to settle some accounts about Tendu Patta, although it is said that the deceased was not engaged in that business. On reaching the house of accused Shivnath, the deceased was thrashed with lathis, probably in revenge of some earlier incident of beatings of this accused. On hearing a hue and cry raised by hostile witness Su...
Asian Paints India Ltd. Vs. Commissioner, Sales Tax
Court: Madhya Pradesh
Decided on: Jan-08-2002
Reported in: [2002]126STC239(MP)
ORDERA.M. Sapre, J.1. By filing this petition under Article 226/227 of Constitution of India, the petitioner has challenged the six orders all dated July 27, 1993 filed (annexure A collectively) passed by Commissioner, Sales Tax, Indore, in exercise of powers conferred under Section 42-B of Madhya Pradesh General Sales Tax Act (since repealed) (for short called 'the Act'). Facts in brief are these.2. Petitioner is a limited company registered under the Companies Act, 1956. It is engaged in the business of manufacture and sale of paints and what is called 'primers'. Petitioner is a dealer under the Act. The dispute in this case relates to six types of primers manufactured by the Petitioner--namely, (1) Tractor redoxide metal primer, (2) Wood rite primer, (3) Deco prime cement primers (oil base), (4) Asian redoxide metal primer, (5) Apcolite primer surfacer and (6) Decoprime cement primer (water base).3. A question arose before the taxing authorities under the State Sales Tax Act, as to ...
New India Assurance Co. Vs. Kokilabai and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2002
Reported in: III(2002)ACC48
Deepak Verma, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter for brevity the 'Act') has been preferred by the Insurance Company against the Award dated 7.5.1993, passed in Claim Case No. 10 of 1990 by IInd Addl. Motor Accident Claims Tribunal, Khargone.2. Facts material for deciding the said appeal in short are mentioned herein below:Claimants/respondent Nos. 1 to 3 herein, filed a claim petition before the Claims Tribunal on account of the death of one Prakash Patil who was said to have died in a road accident. He was travelling in a Matador bus bearing registration No. CII 2869. The accident had taken place on 27.6.1990. It has been mentioned in the claim petition that he was aged 26 years on the date of his death and was earning Rs. 50/- per day as Band-Master. It has further been mentioned that as and when he was not engaged in the Band Party, he was also doing other job of manufacturing Tin-Trunks.3. Respondent Nos. 4 and 6 did not file any written...
Nathu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-05-2002
Reported in: 2002CriLJ2167
S.L. Kochar, J.1. Both these appeals are arising out of Judgment and order dated 18-11-1994 passed by 4th Addl. Sessions Judge, Ratlam in ST No. 185/93 convicting and sentencing the appellant No. 1 Nathu for the offences under Sections 302 and 394, IPC sentence to RI for life with fine of Rs. 1,000/-(one thousand) in default of payment of fine further RI for 1 year. He was also sentenced to 10 years RI with fine of Rs. 1,000/- (one thousand) in default of payment of fine one year RI respectively. Appellants Rajesh and Sohan were convicted for the offence under Section 414 of IPC each sentenced to RI for 2 years with fine of Rs. 1,000/- (one thousand) in default of payment of fine Rl for six months.2. Briefly stated the prosecution case before the trial Court was that PW/1 Ahmed Hussain was at his field on 1-4-1993 at 7 p.m. he was informed by PW/3 Ranjeet about murder of his tenant Ayodhya Bai. On this information, he came to the house and while peeping inside the house saw that light ...
Nirmal Chand JaIn Vs. Vijay Kumar
Court: Madhya Pradesh
Decided on: Jan-04-2002
Reported in: 2002(1)MPHT529
ORDERP.C. Agrawal, J. 1. This is a second appeal under Section 100 of the Code of Civil Procedure, 1908.2. Vimalchand Jain (appellant) and Vijay Kumar (R-1) are real brothers. Smt. Vishambai (since deceased on 23-5-98 her legal representatives are brought on record) was his wife. Sharad Kumar (R-5) is son of Vijay Kumar(R-1) and Smt. Vishambai. Smt. Ritu Jain (R-2), Smt. Babli Jain (R-3), Ku. Megha Jain (R-4) are the daughters of Vijay Kumar (R-1) and Smt. Vishambai. Vijay Kumar (R-1), his wife late Smt. Vishambai and Sharad Kumar (R-5) had sold certain agricultural lands situate in village Kelwas, which are disputed in this case, to Vijay Kumar son of Chhakorilal (R-6) on 2-9-1987 by three different registered sale-deeds. Possession was handed over to Vijay Kumar son of Chhakorilal (R-6). These lands have been mutated in his name and Bhoo Adhikar and Rin Pustika has also been issued to him.3. On 25-3-86 the appellant filed a civil suit for declaration of title and permanent injunction...
M.L. Chaurasia Vs. Tehsildar, Balaghat and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2002
Reported in: AIR2002MP151; 2002(2)MPHT480; 2002(3)MPLJ134
ORDERArun Mishra, J. 1. Learned counsel for the petitioner submits that no Court or authority or jurisdiction to issue Land Revenue Recovery certificate in view of Section 17 read with Section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and there is specific bar under the said provisions. The challenge of the petitioner is to a recovery initiated under Section 3 of the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987 (Act No. 1 of 1988). Certain loan was advanced to the petitioner and revenue recovery certificate/overdraft was also drawn. Land Revenue Certificate amounting to Rs. 40,60,000/- has been received. Recovery of which is being made under the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987.2. The reliefs claimed in the instant writ petition is to the following effect:--It is, therefore, prayed that this Hon'ble Court be pleased to : (i) issue a writ in nature of writ of certiorari for quashing Annexure...
Manpyare and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: 2002CriLJ3046; 2002(1)MPHT253; 2002(2)MPLJ11
Uma Nath Singh, J. 1. This is an appeal from the judgment and findings dated 21-11-89 passed by Second Additional Sessions Judge, Chhatarpur in the Sessions Trial No. 48/87 whereby the appellants were convicted for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and sentenced to undergo three years rigorous imprisonment and a fine of Rs. 500/- on each count and in default, to further undergo six months R.I. on each count. However, accused Shiv Prasad was not found guilty on any count, therefore, acquitted of said charges.2. Briefly narrated the facts of the prosecution case are that prosecutrix Geeta Bai (P.W. 4) is daughter of Sunderlal (P.W. 7). Being a minor she was in lawful guardianship of her parents on the date of offence. Accused Manpyare was living in a house opposite the house of Sunderlal (P.W. 7), at Barigarh. Accused Ramprasad brother-in-law of accused Manpyare was also staying there for his study. Another student accused Shiv Prasad was also l...
Veeran and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: 2002(1)MPHT248; 2002(1)MPLJ620
Uma Nath Singh, J. 1. The appellants have preferred the instant criminal appeal against the impugned judgment and findings recorded by the 1st Additional Sessions Judge, Raisen in S.T. No. 115/89, whereby they were held guilty for the offence under Sections 302/34 of the IPC for committing murder of Ajab Singh and sentenced to life imprisonment, but were acquitted of the charges under Sections 307 and 307/34, IPC for attempt to murder Radhelal. Instead, accused Lakhan alone was convicted for lesser offence under Section 323, IPC on that count and sentenced to undergo rigorous imprisonment for three months. However, all the accused persons were acquitted of the charge under Section 148, IPC and accused Munna and Chetu were acquitted of all the charges.2. Succinctly narrated, the facts of the case are that on 24-3-85 at 2 O'clock in the day time Kublabai, daughter of Radhelal (P.W. 7), had gone to the village water tank for fetching water where accused-appellant Summa Gond made some inde...
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