Madhya Pradesh Court February 2002 Judgments
Purushottam Lal Vs. Smt. Pushpalata
Court: Madhya Pradesh
Decided on: Feb-28-2002
Reported in: 2003(2)MPHT332
ORDERNarain Singh 'Azad', J.1. Heard. 2. It is not being disputed that non-applicant is wedded wile of petitioner No. 1 and petitioner No. 2 is born out of this wedlock. As per photostat copy of certified copy of order-sheets recorded in unregistered Cr. Case No. Section 98 of Cr.PC, pending in the Court of S.D.M., Waraseoni, non-applicant filed a petition under Section 98 of the Cr.PC. The copy of the petition is not filed on behalf of the petitioners. The learned S.D.M. ordered issuance of summons to non-applicant. This order of issuance of summons to non-applicant is found to have been challenged by these petitioners in Cr.R. No. 107/2001, which is pending in the Court of A.S.J., Waraseoni. The perusal of order-sheets dictated by learned A.S.J., Waraseoni in aforesaid Criminal Revision reveals that Shri Vasant Shukla, Advocate, registered his attendance on behalf of non-applicant in aforesaid Cr.R. No. 107/2001. Then on 18th of September, 2001 Shri Narswani, Adv. appearing for the p...
Tag this Judgment!Sadan Kumar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-27-2002
Reported in: 2002(2)MPHT257
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of order dated 21-11-2001, Annexure P-4, passed by the Additional Commissioner, Sagar Division, Sagar, the respondent No. 2 herein, in Revision Case No. 106-A-89/2001-2002 whereby he has stayed the order passed by the Additional Collector, Sagar in Case No. 2-A/89/2001-2002.2. The facts as have been uncurtained are that the petitioner is the elected Sarpanch of Gram Panchayat, Bansiya Bardo, District Sagar. A 'Motion of No Confidence' was initiated against the petitioner by some of the members of the said Gram Panchayat and the Naib Tehsildar, Circle Surkhi, District Sagar, the respondent No. 6 herein, was appointed as the Presiding Officer of the meeting which was scheduled to be held on 8-10-2001. The 'Motion of No Confidence' was passed against the petitioner. The Prescribed Auth...
Tag this Judgment!Kanhaiyalal Agarwal and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Feb-27-2002
Reported in: 2002(3)MPHT47; 2003(1)MPLJ426
ORDERBhawani Singh, C.J. 1. These Letters Patent Appeals (L.P.A. No. 173 of 2001, Kanhaiyalal Agarwal v. Union of India and Ors., L.P.A. No. 198 of 2001, Hukumchand Constructions v. Union of India and Ors., and L.P.A. No. 211 of 2001, Union of India and Ors. v. Hukumchand Constructions and Anr.) are proposed to be decided by this judgment since they arise out of judgment of learned Single Judge dated 8-8-2001 passed in W.P. No. 2171 of 2001. 2. Railways invited tenders for supply, delivery and stacking of 75,000 Cu.M. Machine crushed track ballast as per specifications at Naurozabad Depot in Bilaspur Division from outside the Railway Land and loading into railway wagons. Supply period was 24 months and probable amount of supplies was Rs. 2,57,25,000.00. The opening date of tender was 1-3-2001. The petitioner Hukumchand Constructions submitted his tender at Shahdol. It was opened at the same place. Clause (2) of the Conditions in the tender required the tenderer to state his rate in wor...
Tag this Judgment!Tara Vs. Dabla Alias Lalita and ors.
Court: Madhya Pradesh
Decided on: Feb-26-2002
Reported in: 2002(2)MPHT554; 2002(3)MPLJ591
ORDERDipak Misra, J. 1. By this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 16-12-2000, Annexure P-4, passed by the Specified Officer under provisions of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to 'the Rules').2. The facts as have been adumbrated are that the petitioner was elected as Sarpanch of the Gram Panchayat Thandi, District Betul in the year 1999. The respondent No. 1, being aggrieved by the victory of the petitioner in the election, assailed the same by initiating a proceeding under Section 122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhmiyam, 1993. The election petition was prepared and verified on 21-2-2000 and was presented through the counsel on 25-2-2000. The order-sheet dated 25-2-2000 bears the signature of the clerk of the counsel but does not bear th...
Tag this Judgment!Noor Mohammad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-26-2002
Reported in: 2002(3)MPHT296
ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure (in short 'the Code') the petitioner has called in question the legal validity of the order dated 17-8-2001 passed by the learned Second Additional Sessions Judge, Bhopal, in Criminal Appeal No. 324/2001 whereby he has affirmed the order dated 16-7-2001 passed by the learned Trial Magistrate, who had refused to grant permission for withdrawal of the prosecution under Section 321 of the Code.2. The facts as have been depicted are that the petitioner on the basis of an FIR lodged on 18-1-1999 at Nishatpura Police Station was proceeded in respect of the offences punishable under Sections 451 and 506 of the Indian Penal Code (for brevity 'the IPC') which gave rise to Crime No. 26/99 and eventually was registered as R.T. No. 212/99 before the learned Judicial Magistrate First Class, Bhopal. During the pendency of the trial before the learned Magistrate the State Gove...
Tag this Judgment!Shrichand JaIn and ors. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Feb-26-2002
Reported in: 2002(5)MPHT422; 2002(3)MPLJ30
ORDERArun Mishra, J.1. Question which arises for the decision in the instant writ petition is whether legal representatives of deceased freedom fighter are entitled to claim the pension; which was applied for by the deceased freedom fighter but was not released on impermissible grounds.2. Late Shri Sundarlal Jain participated in the freedom struggle; took part in 'Bharat Chhodo Aandolan' and was arrested at Sagar and was later sent to Central Jail, Jabalpur; he was arrested in September, 1942 and was transferred on 14-10-1942 from Sagar to Central Jail, Jabalpur where he remained confined upto 28-6-43. After release Late Shri Sundarlal Jain again actively participated in freedom struggle. State Government granted the pension admissible to a freedom fighter, however, the Central Government declined to grant pensionary benefits to Late freedom fighter Shri Sundarlal Jain; he made an application to the Central Government in the year 1984.3. The petitioners claim that petitioner was arrest...
Tag this Judgment!Babulal and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-25-2002
Reported in: 2002(5)MPHT385
Uma Nath Singh, J.1. This is an appeal against the judgment and findings recorded by the Sessions Judge, Raisen in the S.T. No. 74/90 whereby accused persons were held guilty of offences under Sections 148, 333, 307/149, 302/149 and 396, IPC, and sentenced to R.I. for 2 years, 2 years, 5 years and life imprisonment respectively but no separate sentence was recorded for offence under Section 396 in view of the sentence awarded under Section 302/149, IPC.2. The alleged incident occurred on 10-11-87 at 5 p.m. in the Karvoli Forest, taking a toll of two lives, namely Rajendra Bhargava, a forest guard, on the complainant side and Kashiram, on the accused. In the same incident, complainant Bhagwan Singh (P.W. 1), a forest guard, also received serious injuries. On the said date, Bhagwan Singh (P.W. 1), while on duty as a beat guard, was informed by deceased Rajendra Bhargava, a forest guard, that the accused persons were illegally felling teak woods, therefore, he rushed to the spot with othe...
Tag this Judgment!Baboo Lal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2002
Reported in: 2002CriLJ3455
Uma Nath Singh, J.1. This is an appeal against the judgment and findings recorded by the Sessions Judge, Raisen in the S.T. No. 74/90 whereby accused persons were held guilty of offences under Sections 148, 333, 307/149, 302/149 and 396, IPC and sentenced to R.I. for 2 years, 2 years, 5 years and life imprisonment respectively but no separate sentence was recorded for offence under Section 396 in view of the sentence awarded under Section 302/149, IPC.2. The alleged incident occurred on 10-11-87 at 5 p.m. in the Karvoli Forest, taking a toll of two lives, namely Rajendra Bhargava, a forest guard, on the complainant side and Kashiram, on the accused. In the same incident, complainant Bhagwan Singh (PW 1), a forest guard, also received serious injuries. On the said date, Bhagwan Singh (PW 1), while on duty as a beat guard, was informed by deceased Rajendra Bhargava, a forest guard, that the accused persons were illegally felling teak woods, therefore, he rushed to the spot with other for...
Tag this Judgment!Meenakshi Sundaram Textile Ltd. and anr. Vs. Gokulchand Rakhabchand
Court: Madhya Pradesh
Decided on: Feb-22-2002
Reported in: 2002CriLJ4366
ORDERS.L. Kochar, J.1. This petition under Section 482, Cr.P.C., has been filed by the applicants against the order dated 14th August, 2001 passed by XII ASJ Indore in Cri. Revision No. 372/99, arisingout of the order dated 13.10.1999 passed in Criminal Complaint No. 431/99 by II Additional Chief Judicial Magistrate, Indore.2. Non-applicant Gokulchand Rakhabchand has filed criminal complaint against the applicants before II ACJM Indore. His case, in brief, is that through cotton broker, Algappan, the applicants had approached him for purchase of bale of cotton with an assurance to make the payment between 15 to 20 days from the date of receipt of bale of cotton after deducting 19% through DD. On this inducement the non-applicant agreed to send cotton bundles but they did not pay the price as per the agreement. The non-applicant was sending cotton bales valuing more than crores of rupees on the pretext of their promise to pay money. He was also sending cotton bales for maintaining relat...
Tag this Judgment!M. Saran and Etc. Etc. Vs. Central Bureau of Investigation
Court: Madhya Pradesh
Decided on: Feb-22-2002
Reported in: 2002CriLJ3635; 2002(4)MPLJ173
ORDERDipak Misra, J.1. This batch of criminal revisions being interconnected were heard together and disposed of by this common order. For the sake of clarity, I will refer to the distinguishing facts in the cases where the same is necessary.2. First I shall deal with the facts in Criminal Revision No. 611/2001. In this petition the petitioner, M. Saran, has called in question the legal propriety of the order dated 11-4-2001 passed by the learned Special Judge (CBI), Jabalpur Special Case No. 5/2000. The facts as have been uncurtained are that the petitioner is an accused in Special Case No. 5/2000. Briefly stated, the prosecution case is that M/s. Sunita Textiles Private Ltd. is situated at Bapi, in the State of Gujarat and coal was issued to the aforesaid company by South Eastern Coal fields Limited (in short 'the SECL') for the year 1991 by rail movement based on the sponsorship issued by the Indian Cotton Mill Federation, Bombay. The accused Jagdish Prasad has been working as the M...
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