Madhya Pradesh Court May 2003 Judgments
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SukhdIn Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-02-2003
Reported in: 2003(2)MPHT495; 2003(3)MPLJ412
ORDERSubhash Samvatsar, J.1. Heard the Counsel for parties and perused the case diary.2. This is first bail application under Section 439, Cr.PC. Crime No. 27/2003 is registered against the applicant for committing offences under Sections 212, 216, IPC and Sections 11 and 13 of M.P.D.A.V.P.K. Act.3. It is alleged that on 14-2-2003 the present applicant has supplied belt of cartridges, food and other domestic articles to the gang of dacoits. Hence, the present criminal case is registered against him. Lower Court rejected the bail application under Section 439, Cr.PC on the ground that since offence under Sections 11 and 13 of M.P.D.A. V.P.K. Act are levied against the applicant, the applicant is not entitled to bail in view of Section 5 (2) of the M.P.D.A.V.P.K. Act.4. This bail application is opposed by Counsel for State. It is submitted by learned Govt. Advocate that Section 5 (2) of the M.P.D.A.V.P.K. Act provides that when a Govt. Advocate opposes an application for bail on the grou...
Arun Kumar Pandey Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-02-2003
Reported in: 2003(3)MPHT40; 2003(3)MPLJ90
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 7-12-2001 (Annexure P-14) of respondent No. 1 State of Madhya Pradesh by which the petitioner has been compulsorily retired from Higher Judicial Service on the recommendation of the High Court on completion of 20 years of qualifying service under Rule 42 (1) (b) of the M.P. Civil Services (Pension) Rules, 1976 and other enabling rules. 2. It is not in dispute that the petitioner was appointed as Civil Judge, Class-II on 6-11-1981. He was confirmed and promoted in the hierarchy of judicial service from one tier to other though his case was deferred on each occasion once or twice. There were adverse entries in his annual confidential reports from the year 1995-96. He was graded 'E' (poor) for the year ending 31-3-1996 by the Portfolio Judge (Judge of the High Court) and Hon'ble the Chief Justice. In the year 1996-97 the District Judge made adverse entry regard...
Badri Vishal Tiwari and anr. Vs. Secretary, Non-collegiate Education a ...
Court: Madhya Pradesh
Decided on: May-02-2003
Reported in: AIR2004MP121; 2003(3)MPHT354; 2003(4)MPLJ2
ORDERArun Mishra, J.1. The relief prayed by the petitioners in the instant writ petition is that their result of mathematics subject was illegally cancelled by the respondents on the ground of mass copying in the examination held on 4-4-2000 of Class 8th.2. Petitioners have come with the averment that there was no mass copying on the day on which examination of Mathematics was held and there was no report of mass copying of Class 8th students in the subject of Mathematics. Without there being any complaint to the said effect a decision was taken to cancel the examination and petitioners were granted supplementary. They have appeared and passed with first class marks in the supplementary examination. However, a blot has been cast on the performance of the petitioner by cancelling their examination of Mathematics papers on the ground of mass copying.3. A return has been filed by the respondents and an application for taking documents on record has also been filed on 1-5-2000. In the retu...
Kalpana JaIn Vs. Shiv Kumar Jain
Court: Madhya Pradesh
Decided on: May-02-2003
Reported in: II(2003)DMC828
A.K. Awasthy, J.1. Appellant/petitioner has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree passed on 3.5.2000 by the IInd Additional District Judge, Balaghat in Civil Suit No. 32-A/98 rejecting the petition of the appellant filed for judicial separation under Section 10 of the Hindu Marriage Act and allowing the prayer of the respondent/husband for dissolution of the marriage by decree of divorce on the ground of cruelty and adultery.2. The admitted facts of the case are that the appellant and respondent are Swetamber Jain and their marriage was solemnised on 7.5.1985 at Balaghat in accordance with Hindu customs and rights. It is not in dispute that from the wedlock they had two daughters namely Shruti and Shriya who are living with the respondent/husband. That the respondent is working in the Indian Oil Corporation and since August, 1994 the appellant and husband are living separately.3. The case of the appellant/petitioner is that at the ...
Ramlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-01-2003
Reported in: 2003(4)MPHT354
ORDERA.K. Srivastava, J.1. The accused/applicant has assailed the order passed by the learned Sessions Judge, Panna in Criminal Appeal No. 85/1994 confirming the judgment passed by the Chief Judicial Magistrate, Panna in Criminal Case No. 1098/92 whereby the applicant has been convicted for the offence punishable under Section 33(1)(b) of the Indian Forest Act, 1927 (in short 'the Act') and under Section 16 of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (in short 'the Adhiniyam') sentencing him to suffer two months' R.I. and fine of Rs. 500/- under Section 33(1)(b) of the Act and six months' R.I. and fine of Rs. 1000/- under Section 16 of the Adhiniyam.2. The facts shorn of unnecessary detail lie in a narrow compass. The case of the prosecution is that on 20-11-1992, Range Officer, Panna along with his staff went to Itwakala, he was having a search warrant on the basis of which he made search of the house of the applicant. During the search he found 117 wooden logs of teak woo...
Premlal Tiwari Vs. the Secretary, Board of Secondary Education and ors ...
Court: Madhya Pradesh
Decided on: May-01-2003
Reported in: 2003(4)MPHT414; 2003(4)MPLJ563
ORDERArun Mishra, J.1. Petitioner in this writ petition has prayed for the relief to declare nd publish the results of the students of petitioner/school in High School Certificate Examination, 2002 and Higher Secondary School Certificate Examinations, 2002 submitting that there was no mass copying and he action of the Board in cancelling the examination of the school in question is bad in law.2. Petitioner is the Principal of Dr. Ram Manohar Lohia Uchchattar Madhyamik Vidyalaya, Tikuri-37, Block Gangeo, District Rewa. It is averred that from petitioner's school 127 students appeared in Class Xth and 177 in Class XIIth. Govt. Junior High School, Chandeh was the center for examination. Board had taken the decision as per Order A-1, dated 19-6-2002 to cancel the examination on the ground of mass copying, there was no mass copying at the center in question. None of the student was indulged in copying, No unfair means was adopted. Reports of Dr. S.P. Pandey have been relied upon by the peti...
Suresh Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: May-01-2003
Reported in: 2005ACJ958
Deepak Verma and S.K. Seth, JJ.1. Mr. S. Patwa, learned counsel for appellant, Mr. S.V. Dandwate, learned counsel for respondent No. 1 insurance company, Mr. S.S. Chouhan, learned counsel for respondent Nos. 2 and 3. They are heard on I.A. No. 1184 of 2003 made by the appellant for early hearing of the appeal on merits. Application perused and considered. The same is hereby allowed. With consent arguments heard on merits.2. Additional Motor Accidents Claims Tribunal, Kukshi, Distt. Dhar, (M.P.) in M.V. Case No. 84 of 1999 decided on 13.10.2000 has awarded a total amount of Rs. 60,751 to appellant for the grievous injuries sustained by him in a motor accident, which had taken place on 19.2.1999. At the relevant point of time appellant was aged about 25 years and was working as labourer. On account of the injuries sustained by him in the motor accident, the lower portion of his body has been rendered almost crippled. PW 2 K.C. Gupta has certified that the permanent disability of the appe...
Avtar Singh Vs. Ito
Court: Madhya Pradesh
Decided on: May-01-2003
Reported in: [2003]132TAXMAN113(MP)
ORDERA.K. Shrivastava, J.This appeal has been preferred under section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against the order dated 29-7-1999 passed by the Income Tax Appellate Tribunal. The following substantial questions of law arise for consideration :'1. Whether on the facts and circumstances of the case, the Tribunal was justified in concluding that the appellant had transferred the property in dispute within the meaning of section 2(47) of the Act during the assessment year 1991-92 ?2. Whether the order of the Tribunal is perverse and is based on the material not on record ?'2. According to the appellant, in the return he showed a loss of Rs. 26,800 in the business and income from property at Rs. 13,060 together with income of Rs. 48,010 from interest. According to him, the net taxable income was Rs. 29,270.3. The assessing officer assessed the appellant on an income of Rs. 18,49,835 and an agricultural income of Rs. 30,000. In assessing the income...
Suresh @ Sursingh Vs. New India Insurance Co. Ltd.
Court: Madhya Pradesh
Decided on: May-01-2003
Reported in: III(2003)ACC394
Deepak Verma, J.1. Mr. S. Patwa, learned Counsel for appellant.2. Mr. S.V. Dandwate, learned Counsel for respondent No. 1-Insurance Company.3. Mr. S.S. Chouhan, learned Counsel for respondent Nos. 2 and 3.4. They are heard on I.A. No. 1184 of 2003 made by appellant for early hearing of the appeal on merits. Application perused and considered. The same is hereby allowed. With consent arguments heard on merits.5. Additional Motor Accident Claims Tribunal, Kukshi, Distt. Dhar in M.V. Case No. 84 of 1999 decided on 13.10.2000 has awarded a total amount of Rs. 60,751/- to the appellant for the grievous injuries sustained by him in a motor accident which had taken place on 19.2.1999. At the relevant point of time appellant was aged about 25 years and was working as labourer. On account of the injuries sustained by him in the motor accident, the lower portion of his body has been rendered almost crippled. P.W. 2 K.C. Gupta has certified that the permanent disability of the appellant is to the...
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