Madhya Pradesh Court May 2003 Judgments
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Rajiv Sharma Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: 2003(3)MPHT225
ORDERRajenra Menon, J.1. Petitioner, an elected President of Municipal Council, Ambah District Morena, has called in question tenability of an order dated 12-12-2002, passed by the State Government vide Annexure P/4-A, removing him from the post of President, in exercise of the powers conferred under Section 41 (A) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act of 1961).2. According to the petitioner, he was elected to the Municipal Council (hereinafter referred to as the Council) in the election held on 26-12-1999, result thereof was declared on 28-12-1999, certificate, Annexure P-1 is the declaration under the relevant statutory rule declaring him to be elected as President of the Council.3. It is the case of petitioner that even though he was discharging his duties effectively and in accordance with law, but certain persons were personally annoyed with him, therefore, complaints were made to respondent No. 1 who by letter dated 17-7-2001, Annexure...
Bhanwarlal and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: 2003(3)MPHT272
S.K. Seth, J. 1. This appeal by the appellants, who are husband and wife, is against their conviction under Section 3(1)(ii) and 3(1)(xv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). For the said offences, Additional Sessions Judge, Garoth has handed down sentence of 2 years' rigorous imprisonment plus fine of Rs. 1,000/- each or to undergo simple imprisonment of 3 months in default of payment of fine. Trial Court passed the impugned judgment in Special Criminal Case No. 64 of 1991.2. Prosecution case in brief. On 10-8-1991, appellants, who are neighbours of Kaluram (P.W. 2), dumped excreta and waste matter in his courtyard with intent to force Kaluram to leave the house purchased by him. When his wife, Shaynibai (P.W. 1) objected to it, both appellants started pelting stones from the roof-top of their adjoining house and, caused injuries to Shaynibai (P.W. 1) and her daughter Ku. Lilabai. Incident is alleged to have taken...
Smt. Nirmala Choudhary and ors. Vs. Smt. Kamla Devi
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: 2003(3)MPHT240; 2003(3)MPLJ509
ORDERS.K. Pande, J.1. Being aggrieved by the order dated 25-2-2002, passed by VII Additional District Judge, Bhopal in MCA No. 13/2001 reversing/modifying the order dated 8-10-2001 passed by 3rd Civil Judge, Class-I, Bhopal in MJC No. 15/2001, petitioners have preferred this revision petition under Section 115 of CPC read with Section 388(3) of the Indian Succession Act, 1925.2. Facts in brief are that Late Dr. Balkrishna Choudhary died at Sehore on 3-2-99. He was a Doctor in the service of the State of M.P. and was posted at Civil Hospital, Sehore. On 10-1-99, Late Dr. B.K. Choudhary while in hospital at Indorc, executed a Will (Ex. P-13) in favour of the petitioners Smt. Nirmala Choudhary, Ku. Ritu Choudhary, Renu Choudhary, Ku. Varsha Choudhary and Vikrant Choudhary. On the death, an application under Section 372 of Indian Succession Act was filed for issuance of his succession certificate in respect of debt, securities of Late Dr. B.K. Choudhary. Respondent, Kamla Devi claiming her...
Gabbu and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: 2004CriLJ2001; 2003(3)MPHT288; 2003(3)MPLJ349
S.L. Kochar, J. 1. Unsuccessful appellants approached this Court against Judgment dated 30th April, 1996 passed by learned Sessions Judge, Indore in Sessions Trial No. 147/94, thereby convicting them for the offence punishable under Sections 302, 302/34, IPC and sentencing them imprisonment for life.2. Gravamen of the prosecution case is that on 19th January, 1994 at about 9.15 p.m. accused/appellants went to the house of Ramawatar to call him out at that time, Kaushalya (P. W. 5) sister of Ramawatar and Anita (P.W. 7) her sister-in-law were in the house. They told the appellants that Ramawatar had gone to market. On this accused/appellants threatened them to finish Ramawatar and also abused filthily. Thereafter, Ramawatar was seen standing at the square. The accused/appellants surrounded him and was assaulted by lethal weapons. Anita (P.W. 7) wife of Ramawatar, Ranibai mother of Ramawatar, Santosh and Harinarayan reached the spot. Seeing them accused/ appellants ran away. Ramawatar wa...
Smt. Anita Sand and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: 2003(4)MPHT244; 2003(4)MPLJ204
ORDERArun Mishra, J. 1. Petitioners in these writ petitions are assailing the orders passed by the SDO, Addl. Collector, Commissioner and Board of Revenue refusing to divert the land primarily on the ground that land in question comes under Indira Sagar Project and there was proposal to acquire the same. Notification under Section 4 has been issued on 24-8-2001, declaration under Section 6 of the Land Acquisition Act was issued on 23rd August, 2002.2. Petitioners submitted an application (R-II) on 2-9-2000 claimingfor diversion on the ground that land was lying fallow and petitioner intend touse it for non-agricultural purpose.3. SDO as per order (P-1), dated 6-6-2001 disallowed the prayer on two grounds mainly that land is being acquired and application is not bona fide. Secondly Sub-section (7) of Section 172 of M.P. Land Revenue Code deals with diversion of fallow land stands omitted with effect from 1996. It was found that Section 4 notification was going to be issued very soon. Or...
Bina Power Supply Co. Ltd. and anr. Vs. State of Madhya Pradesh and or ...
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: AIR2004MP68
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 13-7-2002 of the respondent No. 3 M. P. Electricity Board by which the security deposit of Rs. 52.24 crores made by the petitioner Company has been forfeited and for a direction to the Board to refund this amount to the petitioner.2. It is not in dispute that with the laudable objective of increasing the power supply and to tide over the difficult power situation a decision was taken by the Government to invite private parties for generation of electricity. The petitioner company was amongst others to submit its offer to set up a Thermal Power Plant at Bina in Madhya Pradesh. There was an agreement dated 12-2-1996 (Annexure P-1) between the petitioner and respondent M. P. Electricity Board (hereinafter to be referred to as the Board). This is known as 'Power Purchase Agreement (PPA). Clause 8(e) of this Agreement was: 'MPEB shall at all times following the ...
Bharat Heavy Electricals Ltd. Vs. Kalpana Gears Pvt. Ltd.
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: 2004(2)MPHT4; 2003(4)MPLJ473
ORDERS.K. Pande, J.1. This revision under Section 115 of CPC is directed against the order dated 9-7-02 passed by Second ADJ, Bhopal in C.S. No. 26-B/2002, rejecting the application under Section 8 of the Arbitration and Conciliation Act, 1996.2. The facts in brief are that plaintiff/respondent M/s Kalpana Gears Pvt. Limited entered into an agreement with the defendant/petitioner to do the specified job on blank forgings to be supplied by the defendant/ petitioner. Accordingly, work order (Annexure R-2) was placed by the defendant/petitioner in respect of 35 blanks. There was an agreement to the effect that all cases of disputes arising out of the agreement aforesaid, shall be referred to the sole arbitration of the Executive Director/General Manager of BHEL, Bhopal or any other person, nominated by the said Executive Director/ General Manager to act as sole Arbitrator. Arbitration shall be under the Indian Arbitration Act, 1940 and rules made therein.3. A bank guarantee to the extent ...
Neha Khullar Vs. Rakesh Khullar
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: I(2004)DMC719
A.K. Awasthy, J.1. Being aggrieved by the judgment and decree dated 4.2.1994 in Civil Suit No. 33-A/92 passed by the 4th Additional District Judge, Jabalpur, the appellant-non-applicant has preferred this appeal against the finding of dissolving the marriage by a decree of divorce on the ground of desertion and cruelty.2. Admittedly the facts of the case are that the marriage between the appellant and the respondent was solemnised at Jabalpur on 12th May, 1989 according to Hindu rites and customs and they have a daughter from the wedlock.3. Respondent/husband filed a petition on the allegation that the appellant/ wife insults and mentally tortures him by saying that her husband is lame and by refusing cohabitation. It is alleged that on 29.12,1989 the appellant/wife in the absence of the respondent took an amount of Rs. 15,000/- and the ornaments of the respondent and left the house. That report in the police was lodged on 29.12.1989 in the Police Station, Gorakhpur, Jabalpur against t...
Smt. Rajni Garg Vs. Balkrishna Garg
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: I(2004)DMC298
A.K. Awasthy, J.1. Being aggrieved by the judgment and decree dated 25.1.2000 passed by Xth Additional District Judge, Bhopal in Civil Suit No. 39-A/ 1999, the appellant/wife has preferred the appeal under Section 28 of the Hindu Marriage Act against the decree of divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act (hereinafter referred to as 'the Act').2. The admitted facts of the case are that the marriage in between the appellant and respondent was solemnised on 14.2.1994 at Bhopal according to Hindu rites and customs and from their wedlock on 29.1.1995 a son was born, who is at present living with the appellant/wife.3. The case of the respondent/petitioner is that after the marriage, in 1995 the appellant/wife misbehaved with the respondent and his parents and she threatens that the petitioner should get prepared himself to face the dire consequences. That on 30.3.1995, the appellant, in the absence of the petitioner, has left the matrimonial house with all her belo...
Mst. Saraswati Vs. Sooraj Prasad
Court: Madhya Pradesh
Decided on: May-13-2003
Reported in: III(2003)ACC195
A.K. Awasthy, J.1. Being aggrieved by the judgment and decree dated 8.4.1992 in Civil Suit No. 7-B of 1989 passed by the Additional District Judge to the Court of District Judge, Panna dismissing the suit for compensation of Rs. 35,000/-, the appellant/plaintiff has preferred this appeal.2. The case of the plaintiff is that deceased Shobha was her widow daughter and she has died on 22.7.1986 by the shock of the electric current in the house of the respondent/defendant while she was working in his house as a labour employed by the respondent/defendant. The appellant/plaintiff has prayed that the defendant be directed to pay Rs. 35,000/- as compensation.3. Respondent/defendant has denied that the deceased Shobha was engaged by him to work in his house. It is also denied that she has died in his house while working as a labour. Respondent has stated that the appellant is not the mother of deceased Shobha and as such she is not entitled for damages.4. Learned Trial Court has dismissed the ...
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