Madhya Pradesh Court April 2002 Judgments
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Chandrakala Bai Vs. Bhagwan Singh
Court: Madhya Pradesh
Decided on: Apr-08-2002
Reported in: 2003(2)ALD(Cri)10; 2002CriLJ3970; I(2003)DMC185
ORDERS.L. Kochar, J.1. The applicant-wife has preferred this revision against the order dated 20.9.2001 passed by the learned Addl. Sessions Judge, Narsinghgarh, District Rajgarh in Cr. Revision No. 17/2001 setting aside the order of grant of maintenance to the applicant passed in M.Cr.C. No. 33/1998 by the learned Judicial Magistrate, First Class, Narsinghgarh on 4.10.2000.2. The applicant-wife Chandrakala had filed an application on 12.5.1998 against the non-applicant/husband Bhagwansingh for grant of maintenance on the ground inter alia that she was ill-treated and thereafter turned out from the house because she was black and ugly. She has no means to maintain herself and the non-applicant is not taking her care. She had also alleged that the non-applicant had entered into a second marriage.3. The non-applicant/husband denied all the allegations levelled by the wife and contended that she of her own accord had gone to the house of her parents with brother by promising for her retur...
Shankar Singh Vs. Presiding Officer and anr.
Court: Madhya Pradesh
Decided on: Apr-08-2002
Reported in: 2002(5)MPHT281
ORDERA.M. Sapre, J.1. The only question involved in this writ is whether Labour Court was justified in refusing to award the back wages to the petitioner. In other words, the question that arises for consideration is whether finding of Labour Court in refusing to award back wages is sustainable or not.2. A reference under Section 10 of Industrial Disputes Act was made to Labour Court for deciding the legality of termination order of the petitioner. It was contested by the petitioner as also by the respondent No. 2 (employer). Parties led evidence to support their stand. Eventually by impugned award dated 17-5-2000 passed by Labour Court in Case No. 44/91/IDR (Annexure P-5), the Labour Court answered the reference partly in favour of petitioner, It was held that misconduct alleged against the petitioner is not proved. Accordingly termination order was set aside and direction to reinstatement followed. However, while setting aside of the termination order and directing reinstatement, the...
Ram Kumar Shrivastava Vs. Smt. Saroj JaIn and anr.
Court: Madhya Pradesh
Decided on: Apr-05-2002
Reported in: 2002(4)MPHT54
ORDERUma Nath Singh, J.1. The revision impugns the order passed by the learned Sub-Divisional Magistrate, Bareli, Raisen, dated 31-3-98, whereby possession of the land in question was given to a receiver on a report received from the police.2. Both the parties submitted that since a civil suit registered as No. 15A/97 (Original No. 11A/88) is pending before the learned District Judge, Raisen at final stage of the trial, therefore, it would be a futile exercise to go into the matter on the question of possession under Sections 145/146, Cr.PC. They further submitted that the out come of the criminal revision will be coterminus with the result of the suit and placed reliance on a decision of the Apex Court in the matter of Bhinka and Ors. v. Charan Singh (AIR 1959 SC 960). In para 16 of the said judgment the Apex Court has held as under :--'16. This leads us to the consideration of the legal effect of the order made by the Magistrate under Section 145 of the Code of Criminal Procedure. Un...
Galla Mandi Mahila Shramik Sangh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-05-2002
Reported in: AIR2002MP266; 2002(4)MPLJ110
ORDER1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner, Galla Mandi Mahila ShramikSangh, Satna (hereinafter referred to as 'the society') has prayed for seeking a declaration of the terms of 'Hammal' brought into existence by way of amendment in Clause 2(ja) of the Bye-laws of the Krishi Upaj Mandi Samiti as ultra vires of the Articles 14, 15 and 21 of the Constitution as well as M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as 'the Act') and further to quash the resolution of the Krishi Upaj Mandi dated 29-4-2000, Annexure P-12, as illegal, discriminatory and arbitrary and to pass such order/orders as may be warranted in the facts and circumstances of the case. 2. Essential facts which need to be stated for disposal of this writ petition are that the petitioner is a registered society under the provisions of Trade Unions Act, 1926 having its registered office in the District of Satna. It i...
Smt. Usha Sahu and anr. Vs. Jaswinder Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-04-2002
Reported in: 2003ACJ1820; 2002(2)MPHT339
ORDERBhawani Singh, C.J. 1.This appeal arises out of award dated March 9, 1999 passed by Motor Accident Claims Tribunal, Jabalpur in M.V.C. No. 48/1997.2. Accident took place on 14-2-1997 at Check-Post, Ranjhi (Jabalpur) when Truck No. HYQ 9365 driven rashly and negligently by Chandrabhan (Driver) hit cycle of Munna Lal (deceased). As a result of this accident, Munna Lal (42) died. The truck was owned by respondent 1 and insured with respondent 2. Compensation of Rs. 9,98,000.00 has been claimed by claimants (appellants) for the death of deceased Munna Lal who was husband and father of appellant Nos. 1 and 2 respectively. Driver died during pendency of proceedings, therefore, his name has been deleted from the case. Surviving respondents have stated that deceased was driving the cycle recklessly after taking liquor and fell down after being hit by other vehicles in the crowd. The truck was being driven carefully and cautiously and accident did not take place with the truck. A false cas...
Abdul Majid Khan Vs. N.M. George and anr.
Court: Madhya Pradesh
Decided on: Apr-04-2002
Reported in: 2002(3)MPHT514; 2002(3)MPLJ106
ORDERS.P. Khare, J.1. This is a revision by the complainant against the judgment dated 30-4-2001 of the Judicial Magistrate First Class, Bhopal in Criminal Case No. 481 of 2000 by which though the accused has been convicted under Section 138 of the Negotiable Instruments Act (hereinafter to be referred to as 'the Act') and sentenced to pay a fine of Rs. 5,000/-, no compensation has been awarded to the complainant as per Section 357(3) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code').2. The case of the complainant was that accused N.M. George had issued two cheques dated 30-6-1999 and 15-7-1999 (Ex. P-2 and Ex. P-3) for Rs. 79,000/- and Rs. 36,000/-, respectively in favour of the complainant; these cheques were presented to the drawee bank on 9-8-1999 but these were dishonoured due to insufficiency of funds; the complainant sent the notice Ex. P-7 to the accused but he refused to accept service of the notice; the accused did not make payment of these...
Lakhan Lal Patel Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2002
Reported in: 2002(3)MPHT519; 2002(3)MPLJ41
ORDERAs per Rajendra Menon, J.1. This Letters Patent Appeal arises out of judgment dated 26-2-2001 passed in W.P. No. 1603/2001.2. Shri Ram Prakash Shrivastava, respondent No. 4 was declared elected as Sarpanch of Gram Panchayat Natwara, Block Sahpura, Tehsil Patan, District Jabalpur reserved for general (male candidate). The election was held on 28-1-2000. As many as 14 persons including the appellant Lakhan-lal patel participated in the election. In the result which was declared after the election respondent No. 4 secured 323 votes and was declared elected whereas the appellant secured only 259 votes. He filed election petition under Section 122 of the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'Act') challenging the action of respondent No. 4.3. The election Tribunal, after considering the evidence and material produced before it vide order dated 26-2-2001 (document No. 1) directed for recounting of votes. Recounting of votes was undertaken and by order dated 24-...
Gopal Das Mittal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2002
Reported in: 2002(5)MPHT116; 2003(1)MPLJ112
ORDERArun Mishra, J.1. This is the second round of the writ petition before this Court. Petitioner was granted quarry lease for construction of bricks-kiln. Initially the lease was granted for a period of three years vide order dated 16-1-1998. The quarry lease granted to the petitioner was cancelled on the ground that land falls with the prohibited area of Ratapani Sanctuary. Petitioner preferred a revision on the ground that land in question Sy. No. 12/2 situate in Village Goutampur, District Raisen is not covered under the provisions of The Wild Life Protection Act, 1972 (for short, 'the Act'). The Collector had refused the renewal application on 13-6-2000 as per order Annexure P-3. Revision was preferred. In revision an order was passed on 19-10-2000 for renewal of the lease, but still the Collector did not renew the lease as such the petitioner filed a writ petition W.P No. 2500/2001 which was decided by this Court on 20th November, 2001 as per order Annexure P-7. This Court direc...
Devisingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-03-2002
Reported in: 2002(5)MPHT267
N.K. Jain, J.1. This appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 11-2-99 passed in S.T. No. 106/96 by 6th Addl. Sessions Judge, Ujjain, convicting appellant Devisingh under Section 8/18 of the Narcotic Drugs and Psychotropic Substance Act (for short 'the Act') and sentencing him to ten years RI with fine Rs. 1,00,000/- and in default of payment of fine to suffer additional R.I. for two years.2. According to the prosecution, on 16-3-96, Sub-Inspector S.R. Dandotiya of Police Station, Ghatiya accompanied by some other subordinate police officials was on search of an absconding accused when on way near Village Kherkheri, he noticed that some opium plants were grown in a field and that accused appellant Devisingh was present in the field. He, thus summoned two Panch witnesses Bhera (P.W. 1) and Motisingh (P.W. 2) and recovered the said opium plants, total 1037 in number, from inside the said field. Before recovery, the field with accuse...
Dadu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-03-2002
Reported in: 2002(5)MPHT162; 2002(3)MPLJ495
Uma Nath Singh, J.1. This appeal impugns the judgment dated 19-3-96 passed by the learned Additional Sessions Judge, Harda in S.T. No. 131/95, whereby the accused/appellant was convicted of offence under Section 304-II, IPC and sentenced to undergo R.I. for five years and to pay a fine of rupees two thousand, in default, to further undergo one month's simple imprisonment.2. The prosecution case in brief is that on 4-11-94, the date of incident deceased Rajaram was given fists and legs blows on his chest and abdominal regions by his real brother accused Dadu. The report of the incident was lodged next day, i. e,, on 5-11-94 by the deceased and he was sent for medical examination on the same day. As per the evidence of Dr. A.K. Chandravansi (P.W. 2) in para 9 of his cross-examination when the deceased Rajaram was brought to him for medical examination, he gave him necessary treatment and allowed him to go home thereafter. The deceased did not complain of any severe pain in his chest or a...
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