Madhya Pradesh Court April 2003 Judgments
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Hiraram and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-24-2003
Reported in: 2003(3)MPHT168
ORDERS.L. Jain, J.1. This is a revision under Section 397/401 of the Code of Criminal Procedure (2 of 1974) (hereinafter referred to as the 'Code') against the order dated 27-3-2001, passed by J.M.F.C., Narsinghpur, in Criminal Case No. 285/96, dismissing the petition under Section 245 of the Code filed by the petitioners.2. Tersely, the facts of the case necessary for the disposal of the present revision petition are as follows :--The petitioners are being prosecuted in the Court of J.M.F.C., Narsinghpur, for the offences, punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act') for alleged violation of Rule 32 (e) of Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the 'Rules').3. The case of the prosecution is that on 26-4-95 Food Inspector, R.P. Rai visited the shop of petitioner No. 1, Hariram and purchased 200 gms. of Tata Filtered Coconut Oil. After completing necessary formalities one of the samples...
Gulabdas Namdeo Vs. Ambuja Cement Eastern Ltd. and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2003
Reported in: 2003(3)MPHT250; 2003(3)MPLJ528; [2004]52SCL5(MP)
ORDERArun Mishra, J. 1. Petitioner in this writ petition seeks the quashment of the order passed by the learned Civil Judge Class II staying execution of a decree with respect to charges of the plaintiff which was passed in Civil Suit No. 4-B/99 on 29-7-99 for a sum of Rs. 40,000/- due on account of labour charges of painting & signboard work along with interest of 10% invoking Section 22 of Sick Industrial Companies (Special Provisions) Act, 1985. 2. Execution application was preferred on 31-7-2002. Respondent-Company was declared sick under Sick Industrial Companies (Special Provisions) Act, 1985 on 5-11-1997 as per order (R-3) passed by the BIFR (Board for Industrial and Financial Reconstruction) in Case No. 86/94. Labour charges for painting work relates to the period of the year 1997 and objection was raised by the respondents before the Executing Court that by virtue of Section 22 of Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the SICA'),...
Kanhaiyalal and anr. Vs. Sitabai and Six ors.
Court: Madhya Pradesh
Decided on: Apr-24-2003
Reported in: I(2004)ACC176; 2004ACJ1372; 2003(4)MPHT74; 2003(4)MPLJ89
ORDERS.S. Jha, J.1. This appeal is by claimants for grant of compensation on account of death of Lokesh. Appellants filed claim petition under Section 166 of the Motor Vehicles Act in the Court of Second Motor Accident Claims Tribunal, Shivpuri, claiming compensation of Rs. 4,60,000/-. Deceased Lokesh was son of the appellants. Deceased was driving a vehicle bearing registration No. MP/13-C/2886 on 28-2-1994 under the employment of owner of motor vehicle Ramdev. Ramdev was also travelling in the said jeep. Jeep met an accident which resulted into death of Lokesh and Ramdev. Claimants/appellants are father and mother of the deceased Lokesh. Claims Tribunal after considering the evidence on record has dismissed the application holding therein that for the negligence of deceased Lokesh claimants are not entitled for any compensation.2. Counsel for appellants submitted that Claims Tribunal has not considered the amended provisions of Motor Vehicles Act. He submitted that after the amendmen...
Smt. Farhona Khan and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-24-2003
Reported in: 2003(4)MPHT271
ORDERAjit Singh, J. 1. By this petition under Section 482 of the Code of Criminal Procedure the accused petitioners have prayed for quashing of the first information report, dated 22-5-2002 registered against them at Mahila Thana, Shyamla Hills, Bhopal for an offence under Section 498A of the Indian Penal Code. 2. The respondent No. 2 was married to petitioner No. 3 on 11-12-97. Petitioner Nos. 1 and 2 are sister and mother of petitioner No. 3. 3. It is submitted by the learned Counsel for the petitioners and respondent No. 2 that the differences between the parties have been resolved and now petitioner No. 3 and respondent No. 2 are living together happily as husband and wife. The respondent No. 2 has also filed a written application duly supported by her affidavit wherein she has prayed for the quashing of the first information report lodged by her against the petitioners as her differences with them have been resolved and she is living happily with the petitioner No. 3 as his wife. ...
Sunil Kumar Rai Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2003
Reported in: 2003(4)MPHT261
ORDERBhawani Singh, C.J. 1. This writ petition is directed against the order of the Central Administrative Tribunal, Jabalpur Bench (CAT), dated March 13, 2001, Original Application No. 102/2001. 2. The petitioner is seeking appointment on compassionate ground. He alleges that his father Suresh Kumar Rai was Senior Loco Inspector, Central Railways, Bhopal. In Bhopal Gas Tragedy 1984, his father was affected and suffered Hypertension and Diabities etc. Consequently, he was treated at Bombay and many other hospitals. Since he was not keeping good health, he requested for change of his post/cadre and providing alternative job, vide communication dated 9-2-1991. Consequently, his father sought voluntary retirement on the ground of ill-health from 31-3-1997. The petitioner preferred repeated representations for compassionate appointment. However, he was not appointed. Consequently, he filed Original Application No. 513/99, which was disposed of by order dated 7-10-1999 directing the petitio...
Ku. Neha Indurkhya Vs. M.P. Board of Secondary Education
Court: Madhya Pradesh
Decided on: Apr-23-2003
Reported in: 2003(3)MPHT311; 2003(3)MPLJ368
Rajeev Gupta, J. 1. Appellant Ku. Neha Indurkhya has filed this appeal under Clause 10 of the Letters Patent, against the order dated 24-10-2002, passed in Writ Petition No. 4116/2002, whereby petitioners' petition seeking 'Revaluation' of her answer-papers of the Subjects of English, Physics and Mathematics, was dismissed.2. The appellant appeared in the Final Examinations for Class XIIth, conducted by respondent Madhya Pradesh Board of Secondary Education, in the year 2002.3. The appellant on her own assessment was expecting very good marks for her performance in the Subjects of English, Physics and Mathematics. On receiving her mark-sheet she was shocked to note that she could secure only 12, 18 and 19 marks in the Subjects of English (Gen.), Physics (Theory) and Mathematics, The appellant, therefore, applied for 'Retotalling of Marks' in the above mentioned three subjects, by depositing the requisite fee as per the relevant 'Regulation'.4. The appellant being disappointed and frust...
Suresh Narayan and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-23-2003
Reported in: 2003CriLJ4731; 2003(4)MPHT178
ORDERS.L. Kochar, J. 1. Petitioner/accused persons have filed this petition under Section 482, Cr.PC for quashing the proceedings pending against them before the learned CJM, Indore, vide RCC No. 6247/95 (State of M.P. v. Kishore Modi and three others) for the offence punishable under Section 7/16(1)(A)(i) of the Prevention of Food Adulteration Act (for brevity 'the Act').2. Gravamen of the case is that the respondents State of M.P., through Food Inspector has filed a criminal complaint on 9-11-1995 against the petitioner. Their case is that on 5-1-1995 Food Inspector inspected the premises of Modi Agencies and took sample of 'Dollops Ice Cream'. After performing the required sampling formalities, he sent one sample to the State Food Laboratory, Bhopal, whilst the remaining two parts of the sample were kept with the Local Health Authority, Indore. According, to the Laboratory report, the sample was not befitting with the prescribed standard. Therefore, same was found adulterated. Thus,...
Ramesh Rawat and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-23-2003
Reported in: 2004CriLJ412; 2003(4)MPHT288; 2003(3)MPLJ495
ORDERS.L. Kochar, J.1. Petitioners have filed this petition for quashing the case pending against them before the learned Chief Judicial Magistrate, Indore, in Criminal Case No. 7060/86 for the alleged offence punishable under Section 7(1)/16 of the Prevention of Food Adulteration Act (for short 'the Act').2. The learned Counsel for petitioners have submitted that on29-4-1986, the Food Inspector purchased sample of Dalda Refined GroundnutOil from the petitioners. The Food Inspector, after completing the formalities,affixed a slip on the sample bearing Sl. No. IND/88/86 and also mentionednumber on the slip which is 026199. Thereafter one part of the sample wassent for analysis and other two parts were kept with Local Health Authority.The Public Analyst report issued by the Local Health Authority is also bearingthe number on the sample as mentioned above. The report disclosed that thesample was not in accordance with the prescribed standard. Therefore, thesame was adulterated.3. The lear...
Rajmani Sharma Vs. Presiding Officer, Cgit and ors.
Court: Madhya Pradesh
Decided on: Apr-23-2003
Reported in: (2004)IILLJ429MP; 2004(1)MPLJ349
S.L. Jain, J.1. Being aggrieved by the order dated February 21, 2002, passed by the learned single Judge in Writ Petition No. 448/2001, followed by dismissal of MCC No. 1295/2002 on January 24, 2003, filed for review of the order dated January 21, 2002, the appellant has filed this Letters Patent Appeal under Clause 10 of Letters Patent.2. The case of the appellant, in brief, is that he was working in Ramnagar Colliery with effect from July 31, 1977. He was charge sheeted on May 24, 1987. Thereafter, he was dismissed summarily from the service vide order dated May 24, 1987 passed by respondent No. 3. Aggrieved by the dismissal order, the appellant sent a representation to the Government. The Government of India referred the dispute for adjudication to Central Government Industrial Tribunal-cum-Labour Court, Jabalpur (hereinafter referred to as the 'Tribunal'). The Tribunal, fixed the case for recording evidence and after recording evidence decided the reference against the appellant ho...
B.P.L. Limited and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-23-2003
Reported in: [2006]143STC316(MP)
ORDERArun Mishra, J.1. Petitioner is assailing show cause notices P/6 and P/7 issued in December, 2001 and also communication P/10 dated February 2, 2002. As per notices P/6 and P/7 it was proposed to initiate proceedings under Section 28/29 of the Madhya Pradesh Commercial Tax Act, 1994. Petitioner was required to submit the objection within 10 days. Reliance has been placed on the decision of Bajaj Sevashram, Indore v. Commissioner of Commercial Tax, M.P., decided by the Board of Revenue on August 22, 2000 based on the Supreme Court decision. Communication P/10 indicates that there is proposal to initiate proceedings under Section 28/29. It has been observed that the decision in Bajaj Sevashramam has attained finality, as such on the basis of the said decision, proceedings under Section 28/29 can be initiated. A decision has been taken to initiate action under Section 29(1) of the Act after the year 1985-86.2. In W.P. No. 1813 of 2002 petitioner is praying for the similar relief.3. S...
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