Madhya Pradesh Court May 2002 Judgments
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Devendra Kumar Surana Vs. Lalit
Court: Madhya Pradesh
Decided on: May-03-2002
Reported in: 2002CriLJ4176; 2002(3)MPHT127
ORDERS.L. Kochar, J. 1. This revision has been brought by the applicant before this Court against the order dated 19-9-2001 passed by the learned Third Chief Judicial Magistrate, Indore in Cr. Case No. 1295/2000.2. The facts in nut shell are that the non-applicant Lalit Porwal had filed a criminal complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') after dishonour of the cheque issued in his favour by the applicant. The cheque was dishonoured and intimation of the same was given by the Bank of the non-applicant Lalit Porwal on 30-3-2000. He sent a notice as per provision under Section 138 Proviso (b) of the Act on 15-4-2000. The applicant, after appearing before the Court below, submitted an application on 25-1-2001 that the notice was sent after completion of 15 days i.e., 15-4-2000. Therefore, it was barred by limitation and the provision relating to this purpose is mandatory and, hence, the complaint is not maintainable and is liable ...
Ram Bharosi Sharma Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-03-2002
Reported in: 2002(3)MPHT205; 2002(3)MPLJ189
ORDERRajendra Menon, J.1. The petitioner who was owner of certain land in Survey No. 3056/30, Village Gohad, moved an application for exchange of his land with land bearing Survey No. 911. The reason for making such an application was sentimental values attached to the said land by the petitioner, because his father was cremated in the said land. The petitioner moved an application before the Commissioner, Gwalior Division, Gwalior who vide Annexure P-6 dated 17-12-1990 directed the petitioner to make proper application before the Collector, Bhind. Accordingly the application was made and Collector directed SDO to conduct enquiry and submit his report, accordingly, the report was submitted by the SDO and on the basis of the same vide order dated 2-9-1991 Annexure P-3 exchange of land was permitted subject to the condition that petitioner deposits difference of value, accordingly, an amount of Rs. 12,500.00 was deposited by the petitioner on 26-10-1992 and the land in question was enter...
Narmada Construction Company Vs. UjjaIn Nagar Palika Nigam and ors.
Court: Madhya Pradesh
Decided on: May-03-2002
Reported in: 2003(1)MPHT191
ORDERA.K. Gohil, J. 1. This order shall also govern disposal of Civil Revision Nos. 568, 569, 570, 571, 572 and 573 of 1996 (M/s. Narmada Construction Company, Khalghath v. Ujjain Nagar Palika Nigam, Ujjain and 2 others) as all these Civil Revisions have been preferred against the common Award dated 31-1-1996 passed by M.P. Arbitration Tribunal, Bhopal in Reference Case Nos. 215, 216, 217, 218, 219, 220 and 221 of 1991.2. The long and short facts involved in these reference petitions are that the petitioner Company filed aforesaid seven reference petitions before the Arbitration Tribunal, Bhopal for claiming an award for Rs. 3,29,000.00; Rs. 6,70,049.00; Rs. 2,63,103.00; Rs. 3,90,000.00; Rs. 92,369.00; Rs. 1,71,819.00 and Rs. 2,16,096.00 respectively against Ujjain Nagar Palika Nigam, Ujjain for infructuous overheads; loss of profit; refund of earnest money and ante-lite interest/The terms and conditions of the contracts, the circumstances and the facts of all these seven cases are ide...
Ghanshyam Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-03-2002
Reported in: 2002(5)MPHT262
S.P. Khare 1. Appellant Ghanshyam has been convicted under Section 161, IPC and Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for two years on each count.2. It is not in dispute that accused Ghanshyam was Assistant Superintendent of Post Offices at Sagar. Asharam (P.W. 1) was Extra Departmental Messenger. He was transferred and posted as a Peon in City Post Office at Sagar. He was earlier getting remuneration of Rs. 247/- per month and after his posting as Peon he started getting an amount of Rs. 550/- per month. It is further admitted that on 31-1-1986 at about 5.00 P.M. Asharam (P.W. 1) gave an amount of Rs. 80/- to the accused near Natraj Hotel. This amount consisted of four currency notes of Rs. 20/- each. This amount was seized from him as per seizure memo Ex. P-14. The hands of accused Ghanshyam were washed in the solution of the Sodium Carbonate and the colour of the liquid became pink.3. The prosecutio...
Gaya Prasad Modi Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-02-2002
Reported in: 2002(4)MPHT38
ORDERRajendra Menon, J. 1. The petitioner President of Nagar Panchayat, Bhitarwar, District Gwalior, has called in question the proceedings initiated for his recall under Section 47 of the M.P. Municipalities Act, 1961. According to the petitioner he was elected as President of Nagar Panchayat and notification in this regard was issued on 23rd January, 2002. On 7-1-2002 vide Annexure P-4 certain councillors moved an application to the Collector under the provision of Section 47 of the M.P. Municipalities Act, 1961 asking for recall of the petitioner. It is the case of the petitioner that Collector without following the procedure contemplated under Section 47 and in cross violation there of made a proposal to the State Government for initiating action for recall, the State Government forwarded the same to the State Election Commission and the Commission has notified election for recall of the petitioner which is to be held on 6th May, 2002. The prayer made in the petition is that entire...
M.S. Varghese and ors. Vs. Rajeev Kumar Khera and ors.
Court: Madhya Pradesh
Decided on: May-02-2002
Reported in: 2003ACJ2140; 2002(4)MPHT535; 2002(3)MPLJ607
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur, in Claim Case No. 70/1995, dated October 27, 1998.2. Happen Varghese was the only son of the claimants 1 and 2. At the time of accident, he was 23 years old. He had completed B.Sc. course from Calicut University (Kerala) and was doing MBA course at Jabalpur. It is alleged that the deceased had a bright future and could earn salary of Rs. 10,000.00 per month. 3. Unfortunately, on 15-9-1995, when he was going on his motor cycle towards Jabalpur, truck bearing registration No. MP-20-A/4522, driven rashly and negligently by Namo Narayan (Driver), dashed against the motor cycle of deceased. As a result of this accident, Happen Varghese died. The vehicle was owned by Rajeev Kumar Khera and was insured with the Oriental Insurance Co. Ltd., Jabalpur. Compensation of Rs. 43,38,800.00 is claimed under various heads like future prospects of earning, mental loss, mental shock etc. 4....
State of M.P. Vs. U.K. Khare
Court: Madhya Pradesh
Decided on: May-02-2002
Reported in: 2002(4)MPHT544; 2003(1)MPLJ54
ORDERAjit Singh, J. 1. In this writ petition, preferred under Article 227 of the Constitution of India, the State of M.P. has called in question the sustainability of the order passed by the Madhya Pradesh Administrative Tribunal (for short 'the Tribunal') in O.A. No. 162/2001, dated 7-7-2001.2. The respondent was a Chief Engineer in the Water Resources Department (for short 'the Department'). The date of his superannuation was 31-7-2000 by only seven days before the said date the State Government by order dated 24-7-2000 dismissed him from service following a disciplinary proceeding instituted against him. The respondent preferred a departmental appeal against his punishment order but the same was also dismissed. He, therefore, approached the Tribunal for quashing of the dismissal order on number of grounds but finally confined himself only to the question of punishment imposed. The Tribunal, by the impugned order, quashed the order of dismissal of respondent and instead converted his...
Rakib Mohammad Vs. the District Collector and Specified Officer and or ...
Court: Madhya Pradesh
Decided on: May-02-2002
Reported in: AIR2003MP39; 2002(5)MPHT487; 2002(3)MPLJ415
Bhawawi Singh, C.J.1. Order of single Judge dated 27-3-2002 passed in W. P. No. 1151 of 2002 (Raqib Mohammad v. District Collector, Raisen and others) has been challenged through this Letters Patent Appeal under Clause 10 of the Letters Patent,2. Petition under Articles 226/227 of the Constitution of India was preferred by Raqib Mohammad for quashing impugned order dated 25-2-2002 whereby Collector. Raisen allowed Election Petition filed by Jtnesh Singhai arid ordered re-count of voles cast in the polling booths of ward No. 1 Janapad Paiachayat, Gairatganj. For membership of Janapad Panchayat, Gairatganj, Raqib Mohammad and Jinesh Singhai were contesting candidates. Votes were cast on 20-1-2001. Raqib Mohammad was declared successful securing 1358 votes and Jinesh Singhai secured 1341 votes. Ballot papers account submitted in Form-15 under Rule 67 of the M.P. Panchayat Nirvachan Niyam, 1995 (1995 Rules) mentions number of ballot papers inserted in the ballot boxes 3213 while result she...
Raju @ Rajesh @ Topa Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-01-2002
Reported in: 2002(3)MPHT459; 2002(4)MPLJ225
Ajit Singh, J. 1. Appellant Raju alias Rajesh alias Topa, the sole accused in this case, has been convicted under Sections 302 and 397 of the Indian Penal Code and sentenced to imprisonment for life and seven years respectively (both sentences to run concurrently) by 1st Additional Judge to the Court of Sessions Judge, Bhopal, vide impugned judgment dated 6-5-1991 for causing the murder of Jagannath Patel and robbing Rs. 500/- from his wife Bardi Bai (P.W. 1). Appellant has been found guilty of causing fatal injuries on the deceased by means of an axe and robbing Rs. 500/- from Smt. Badri Bai (P.W. 1) at 9.30 p.m. on 20-12-89 in the farm house of Sayyad Mustafa alias Achhe Mia. 2. Briefly stated facts giving rise to this appeal are as under :-- About three years prior to the date of incident, Jagannath (since deceased) and his wife, Smt. Bardi Bai (P.W. 1) were employed by Sayyad Mustafa (P.W. 7) as a care-taker of his farm. Sayyad Mustafa (P.W. 7) himself resided at Bhopal whereas his...
Kamlesh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-01-2002
Reported in: 2002(5)MPHT550
S.P. Khare, J.1. Appellants Kamlesh, Ram Milan and Laxmi Bai have been convicted under Sections 304B, 306 and 498A, IPC, and sentenced to rigorous imprisonment for ten years, seven years and two years respectively.2. It is not in dispute that deceased Anita committed suicide by hanging herself on 27-6-1997 in her matrimonial home in Village Shivrajpur within three years of her marriage with accused Kamlesh. Accused Ram Milan is her Jeth and accused Laxmi Bai is her Jethani. The information relating to her unnatural death was given by accused Kamlesh to the police on the same day as per Ex. P-11. The parents of the deceased were informed about her death by accused Ram Milan and they were present when the Panchnama (Ex. P-5) of her dead-body was prepared.3. The prosecution case is that the accused persons were demanding an amount of Rs. 10,000/- and a T.V. as dowry; Anita used to complain to her parents about this demand; she was being harassed by them on that count an amount of Rs. 2,00...
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