Madhya Pradesh Court April 2002 Judgments
Laxmi Chand JaIn Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-26-2002
Reported in: 2002(5)MPHT450; 2003(1)MPLJ509
ORDERArun Mishra, J.1. Petitioner is challenging the order passed by the District Magistrate of suspending the licence as per order (Annexure P-3) dated 31st January, 2001.2. Petitioner is running a cinema hall Paras Talkies; on 30th July, 2000, a raid was made in the cinema hall and exhibition of blue film was found; offence was registered under Cinematography Act; information was sent by the Supdt. of Police, Sagar vide letter dated 23rd November, 2000; cassettes of blue films were recovered and offence was found to have been committed; challan was filed on September 5th, 2000 before the CJM, Sagar. The petitioner was required to show cause under Section 123 of M.P. Cinemas (Regulation) Rules, 1972 (for short 'the Rules of 1972'). Notice was issued on 31-1-2001 to the effect that why licence should not be cancelled. Reply was required to be filed within seven days. Suspension order was issued on the same day. Petitioner submits that action to suspend the licence is in contravention o...
Tag this Judgment!Khajanchi Film Exchange and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2002
Reported in: AIR2003MP3; 2002(3)MPHT103; 2002(3)MPLJ490; 2003(26)PTC183(MP)
ORDERBhawani Singh, C.J. 1. This appeal is directed against order dated 5-2-2002 passed by Single Judge in W.P. No. 6077 of 2001 (Khajanchi Film Exchange and Anr. v. State of M.P. and Ors.).2. Appellants alleged that producers have not released video rights of film 'Kabhi Khushi Kabhi Gam', therefore, violation of Copyright by illegal duplication of film and screening thereof would cause them immense financial disadvantage. They take shelter of right to trade, Copyright Act apart from Bye-laws to take cognizance and seize pirated material.3. Consequently, writ petition is preferred seeking mandamus against 35 respondents. Appellants succeeded in obtaining interim relief, however, failed ultimately and suffered cost of Rs. 15,000.00, Single Judge having come to the conclusion after consideration how appellants move the Court, conduct amounting to gross misuse of writ jurisdiction of the Court, putting respondents to unnecessary notice.4. Short question advanced for our consideration by ...
Tag this Judgment!Akbar Mohd. Khan and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2002
Reported in: 2002(4)MPHT64
ORDERBhawani Singh, C.J. 1. This appeal is directed against order dated 4-2-2002 passed by Single Judge in W.P. No. 534 of 2002 [2002(2) M.P.H.T. 495]. 2. Statutory tenure of Board of Directors of M.P. State Co-operative Marketing Federation Limited (MARKFED) under Section 49 (7-A) of M.P. Co-operative Societies Act, 1960 is five years. This way, it was to end on 3-1-2002. State Government extended the period with respect to all the societies by twelve months under sub-section (7-AA) of Section 49 of the Act of 1960 from the date of expiry of the usual term by notification dated October 28, 2000. 3. Pursuant to document Annexure A-13, steps for holding election were initiated. Accordingly, election programme was notified on 17-1-2001. It mentions number of steps to be taken on respective dates and ultimately election on 4-2-2002 and declaration of result the same day. It is stated that as many as 32 Directors were elected unopposed. 4. Grievance of appellants is that election has to ta...
Tag this Judgment!Karansingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-24-2002
Reported in: 2003CriLJ1787; 2002(4)MPHT582
ORDERS.L. Kochar, J.1. This petition under Section 482, Cr.PC has been filed for quashing the charge framed against applicant for offence under Section 188, IPC by the learned J.M.F.C., Barwaha, Distt. Khargone in Criminal Case No. 139/2001.2. Against the aforesaid order of framing of charge by J.M.F.C., applicant went up in revision and the same has been dismissed vide Cr. Rev. No. 198/2001 by order dated 23-11-2001.3. Necessary facts for decision of this case are that the police of Police Station, Barwaha had filed a charge-sheet for the offence under Section 188, IPC against the applicant vide Crime No. 377/2002 before learned J.M.F.C., Barwaha. The aforesaid crime was registered by police on the basis of report submitted by patwari Halka No. 12, Tehsil Barwaha, which appears to be sent through Tehsildar, Barwaha. There is an endorsement on this report dated 24-11-2000 made by Tehsildar forwarding this application for necessary action to the Station House Officer, Barwaha.4. The app...
Tag this Judgment!Munshi Alias Munesh and Etc. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-24-2002
Reported in: 2002CriLJ4808; 2002(4)MPLJ269
S.P. Khare, J.1. Appellants Munshi alias Munesh and Bharat alias Bharat Singh have been convicted under Section 376(2)(g), I.P.C. and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 2000 / - each. They have also been convicted under Section 506 Part II, IPC and sentenced to rigorous imprisonment for six months each on that count. Both the substantive sentences of imprisonment have been directed to run concurrently.2. The prosecution case is that on 19-12-1997 at about 9.P.M. Elizabeth George (P.W. 10) aged about 51 years working as a staff nurse residing in Mohalla Benisagar was going to the hospital for night duty. The hospital is at a distance of about one kilometre from her residence, Accused Munshi who is son of a sweeperess working in the same hospital and Bharat met her on the way and took her near the temple on the bank of Benisagar tank and had forcible sexual intercourse with her one by one. They did so on the point of knife and threatened the prosecutrix...
Tag this Judgment!Prabhat Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-23-2002
Reported in: 2002(4)MPHT56
Rajendra Menon, J.1. The petitioner by this petition has prayed for a writ of mandamus for quashing the order, Annexure P-1 by which his case for release on probation has been rejected by the State Government. It is the case of the petitioner that he was convicted for having committed an offence punishable under Sections 302/149, IPC and was sentenced to life imprisonment on 11-8-1997 in Sessions Trial No. 46/86 by the Additional Sessions Judge, Shivpuri. In all, there were live accused persons in the said case. One of the accused. Rad-heykishan son of Gopal has been acquitted by the Supreme Court in appeal and the appeal of four accused had been dismissed. After serving the sentence for five years, they moved an application under Rule 4 of the Madhya Pradesh Prisoners' Release on Probation Rules, 1964 (hereinafter referred to as the 'Rules'), One of the accused, Feran Singh has been released on probation vide Annexure P-2 but in the case of petitioner and two other accused, the prayer...
Tag this Judgment!New India Assurance Company Ltd. Vs. Abdul Said Kha and ors.
Court: Madhya Pradesh
Decided on: Apr-23-2002
Reported in: III(2002)ACC45
ORDERSubhash Samvatsar, J.1. This is an appeal filed by the Insurance Company under Section 30 of the Workmen's Compensation Act against the direction to pay penalty.2. Question of payment of penalty is concluded by the judgment of the Supreme Court in the case of Ved Prakash Garg v. Premi Devi and Ors. : AIR1997SC3854 , and the subsequent judgments in the case of New India Assurance Co. Ltd. v. Shiv Singh and Anr. : (2000)ILLJ1395SC , and in the case of Kashibhai Rambhai Patel v. Shahabhai Somabhai Parmar and Ors. : (2000)ILLJ1121SC , in which the Supreme Court laid down that Insurance Company cannot be held liable for payment of penalty and owner is liable for the said amount.3. Counsel for the respondents-claimants has said that he has filed an appeal against the same award for enhancement of compensation. The said appeal was registered as Misc. Appeal No. 467/1996. The appeal was dismissed by this Court on 30.1.1997; Letters Patent Appeal No. 116/1997 preferred against the said jud...
Tag this Judgment!Nawab Saheb Vs. Firoz Ahmed
Court: Madhya Pradesh
Decided on: Apr-22-2002
Reported in: 2002(3)MPHT414
Dipak Misra, J.1. The present second appeal at the instance of the plaintiff/appellant is against the judgment and decree dated 7-11-1996 passed by the learned Additional District Judge, Khandwa Camp at Burhanpur in Civil Appeal No. 8/94 whereby he has confirmed the judgment and decree dated 7-10-1994 passed by the learned IInd Civil Judge, Class-II, Burhanpur in Civil Suit No. 107-A/94 wherein the learned Trial Judge had dismissed the suit for eviction and recovery of rent.2. The plaintiff instituted the aforesaid suit under Section 23 of the M.P. Accommodation Control Act, 1961 on the grounds of bona fide requirement and non-payment of rent. There was also the prayer for recovery of rent and grant of damages. The plaintiff's case before the learned Trial Court was that he had purchased the suit property from the original title holder, Shyamlal by registered sale-deed dated 8-6-1983 and the defendant was a tenant under said Shyamlal at the time of purchase of the property. Plaintiff a...
Tag this Judgment!Jagannath Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-22-2002
Reported in: 2002(3)MPHT525; 2002(3)MPLJ214
ORDERRajendra Menon1. The petitioner by this petition is aggrieved by the action of the respondent Nos. 1 to 4 declaring the respondent No. 5 to be elected as Representative of Agriculturist for the election held to Ward No. 4 of Krishi Upaj Mandi Samiti, Porsa Distt. Morena. It is the case of the petitioner that he is resident of Village Mandhata Ka Pura, Tehsil Porsa, Distt. Morena. He was a candidate contesting for election to the Office of Representative of Agriculturist of Ward No. 4 of the Krishi Upaj Mandi Samiti. His name finds place at Sr. No. 479 in the Voter List. It is the case of the petitioner that he is qualified to participate in the election. Various elections to the Krishi Upaj Mandi Samitis are held as per the provisions of Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972. The eligibility conditions for election are mentioned in Section 11B(2). According to the provisions of this section, a person to be a voter must be recorded as a Bhoomiswami in the Village Land Re...
Tag this Judgment!Ashok Kumar Tripathi Vs. Janpad Panchayat and anr.
Court: Madhya Pradesh
Decided on: Apr-22-2002
Reported in: 2002(4)MPHT408
ORDERRajendra Menon, J.1. The petitioner was appointed as Shiksha Karmi by the respondent, Janapad Panchayat, Lahar with effect from 30-4-1997 vide order Annexure P-2, dated 2-1-1997 and was posted at Prathmik Vidhyalaya, Tola, Pargana Lahar, District Bhind. Subsequently, he was again appointed from time to time for various periods. Finally, after the Madhya Pradesh Shiksha Karmi (Bharti Tatha Seva Sharteon) Niyam, 1997 (hereinafter referred to as the Rules of 1997) were framed. The petitioner was appointed as a Shiksha Karmi, Grade-III in the scale of Rs. 800-1200 vide order dated 13-7-1998 (Annexure P-4). The petitioner's contention is that with effect from 13-7-1998 he has been regularly appointed as a Shiksha Karmi, Grade-III as per the Rules of 1997.2. While the petitioner was discharging the duties as a Shiksha Karmi in Tola, he had an excellent record of service and there was nothing adverse against him. Certificates of appreciation issued by the authorities with regard to the s...
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