Madhya Pradesh Court February 2004 Judgments
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Revaram and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-09-2004
Reported in: 2004(2)MPHT172
S.K. Pande, J. 1. Special Jud1ge, Seoni vide impugned judgment dated 16-2-98 in Special Case No. 5/96 recording conviction of accused/appellants under Sections 394 (Part I)/149, 323/149, 452, 148, IPC sentenced to undergo R.I. for a period of 10 years, 4 months and six months respectively. Being aggrieved, the accused/appellants have preferred this appeal under Section 374, Cr.PC2. On 4-2-91 in the evening, there was some quarrel between Mahesh Prasad and Revaram. On 5-2-91, accused/appellants had been to the house of Mahesh Prasad and started quarreling. Mahesh Prasad, Puranta Bai, Omkar Prasad and Inkardas sustained injuries as per beating by accused/appellants. Therefore, Mahesh Prasad lodged the report (Ex. P-2). Injured Mahesh Prasad, Puranta Bai, Omkar and Inkardas were sent for medical examination. As per medical examination reports (Exs. P-14, P-15, P-16 and P-17) simple injuries were reported. However, on 22-2-91, Inkardas died. Receiving information (Ex. P-20), the Merg was r...
State of M.P. Vs. Bhajanlal and ors.
Court: Madhya Pradesh
Decided on: Feb-09-2004
Reported in: 2004(3)MPHT143
ORDER1. Heard.2. Only question involved in the case is whether respondents are entitled to continue upto the age of 62 years in service.3. All the respondents are Gangmen, who are engaged in the Workcharged establishment. Their condition of service is governed by M.P. P.W.D. Workcharged and Contingency. Paid Employees Recruitment and Conditions of Service Rules, 1976. These rules are framed under Article 309 of the Constitution of India. Counting of period of service is defined in Rule 4 of the Rules, wherein it is provided that any persons, who on 1st January, 1974 had completed atleast one year's service as Workcharged employees or contingency paid employees and who on that date were holding the posts specified in the schedule and who on that date had not completed the age of superannuation prescribed for employees holding comparable class of posts in the regular employment of the State Government. The respondents were regularised under the provisions of the aforesaid rules. Therefor...
Y.A. Bapat Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-09-2004
Reported in: 2004(3)MPHT210; 2004(2)MPLJ521
ORDERDipak Misra, J.1. The original petitioner, an Overseer/Sub-Engineer in the Public Health Engineering Department, was put under suspension while he was working at Samnapur, District Mandla in the year 1973 on the basis of initiation of a departmental proceeding against him. As the enquiry proceeding did not see its ripenees, he approached the M.P. Administrative Tribunal, Jabalpur (in short) in O.A. No. 524 of 90. After abolition of the Tribunal, the matter has been transferred to this Court.2. It is contended in the petition that despite his sincere and unblemished service in the post of Overseer (as at the relevant time the post of Sub-Engineer was designated as Overseer) he was put under suspension on 27-8-1973 vide Annexure A-1. No charge-sheet was submitted within a period of 45 days nor was it approved by the State Government within 90 days as contemplated under Rule 9 (2b) of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (in short 'the Rules'); and...
Ramesh Kumar Goucer Vs. Burhanpur Municipal Corporation and anr.
Court: Madhya Pradesh
Decided on: Feb-06-2004
Reported in: 2004(2)MPHT86
ORDERA.M. Sapre, J.1. Having heard learned Counsel for the respondent and having heard the petitioner in person, in my opinion this contempt application has rendered infructuous in as much as the payment for which this contempt was filed has since been made by the respondents to the petitioner. The grievance of the petitioner who appeared in person was that he was put to mental harassment and secondly, some amount has not yet been paid by the respondents and hence, proceedings for initiating contempt be taken out against the respondents.2. In my opinion, this Court does not consider it proper to take out any contempt proceedings because, while passing the orders in the writ petition, out of which this contempt arose, no final determination of the amount had been done. In case, therefore, if the petitioner has any grievance about the less payment than what he was actually entitled to then the remedy lies somewhere else and in an appropriate Court of law for adjudication of his claim and...
Smt. Halki Bai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-06-2004
Reported in: 2004CriLJ2654; 2004(2)MPHT169; 2004(2)MPLJ163
A.K. Shrivastava, J. 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 21-8-2000 passed by Special Judge (N.D.P.S. Act), Guna in Special Sessions Trial No. 5/1999 whereby the appellant has been convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act') and has been sentenced to suffer rigorous imprisonment of ten years and fine of Rs. 1,00,000/- (Rupees one lac), in default further R.I. of two years, the appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure.2. In brief the case of the prosecution is that on 23-11-99 SiddhaNath Rathour, who was Station House Officer-in-Charge of Police Station,Dharnabada went for the investigation of Crime No. 228/99 under Sections363 and 366, IPC at Rutiyaee he received an information from an informantthat a lady wearing red cloths and resident of Pagara is having Opium with her.The said information was recorded in writing and...
Tata Iron and Steel Co. Ltd. Vs. G.M. Mittal Stainless Steels Ltd.
Court: Madhya Pradesh
Decided on: Feb-06-2004
Reported in: III(2004)BC548; [2004]55SCL702(MP)
ORDERA.M. Sapre, J. 1. This is a Company Petition filed under Section 433(e) and (f) of the Companies Act seeking winding up of the respondent Company known as G.M. Mittal Stainless Steels Ltd. The winding up is sought essentially on the ground that respondent Company is unable to pay admitted debt of the petitioner Company to the tune of Rs. 16,17,790/- despite repeated demand made by the petitioner Company as contemplated under Section 434 of the Companies Act. The petition then avers the necessary facts duly supported by the documents to show that the debt alleged against the respondent Company is established on facts and that it is subsisting on the date of presentation of winding up petition. The respondent on being noticed filed reply but there is nothing to indicate that the debt in question is neither disputed nor denied or nor found payable. In other words there is nothing on record for coming to a conclusion that the petitioner has failed to establish the debt payable by the ...
Daluram Mangilal Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Feb-06-2004
Reported in: (2004)191CTR(MP)46
1. Heard.2. This is review application filed by the assessee. Learned counsel appearing for applicant submitted that ITA No. 49/2003 which was disposed of finally by this Bench, vide order dt. 8th July, 2003, is based on erroneous interpretation of the reporter of ITR of the decision of the Supreme Court. Said view of reporter is reported in (2002) 255 ITR 99. Learned counsel for applicant submitted that no decision has been given by the Supreme Court with regard to sales and purchases made in the market were bogus transactions. Learned counsel for applicant further submitted that observations made by this Court may embarrass the Tribunal, if any application under Section 254(2) is made by Revenue on the strength of observations made by this Court. We, accordingly, clarify that as and when application is made by Revenue under Section 254(2), the assessee, if noticed, shall be at liberty to clarify that observations made by this Court are based on erroneous reporting of reporter of ITR ...
Jeev Rakhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-05-2004
Reported in: 2004CriLJ2359; 2004(2)MPHT158; 2004(2)MPLJ18
A.K. Shrivastava, J. 1. Feeling aggrieved by the judgment of conviction and order of sentence passed by Ist Additional Sessions Judge, Ashok Nagar, Distt. Guna, in Sessions Trial No. 338/2000, by which appellant has been convicted under Section 376 of IPC and has been sentenced to suffer seven years' R.I. and fine of Rs. 5000/-, in default to undergo six months' further R.I., the appellant has preferred this appeal under Section 374 of Code of Criminal Procedure, 1973.2. In brief, the case of prosecution is that appellant was residing in the house of father of the prosecutrix in the capacity of a tenant. In the month of Chaitra (April), 2000, the parents of the prosecutrix went to cut the crop and her brothers were not at home, in the noon at 12, the prosecutrix age 14 years was alone in the house and was going to take her bath on a handpump which is outside but nearby to her house, at that juncture, the appellant came and winked her as a result of which, she returned back to the house...
Vishnu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-05-2004
Reported in: 2004(2)MPHT164
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 20-10-2000 passed by Fourth Additional Sessions Judge, Gwalior in Sessions Trial No. 341/1996, by which the appellant has been convicted under Section 376, IPC (hereinafter referred to as 'IPC') and has been sentenced to suffer rigorous imprisonment of ten years and fine of Rs. 2500/-, in default further R.I. six months, the appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure.2. No exhaustive statement of facts are necessary for the disposal of this appeal. Suffice it to say that on 31-7-1996 at 2.30 p.m. when the prosecutrix did not turn to her house, her mother Parwati Bai went to search her. While she was searching the prosecutrix she entered in one temple, the door of which was closed but not bolted, when she opened the door she saw that prosecutrix was lying undressed and the appellant was also undressed and was lying on her, on seeing the mother o...
Vinay Mugre Vs. Vandana
Court: Madhya Pradesh
Decided on: Feb-05-2004
Reported in: II(2004)DMC72
ORDERUma Nath Singh, J.1. This first appeal has been filed under Section 96 of the Code of Civil Procedure against a judgment dated 9.5.1997 passed by learned IXth Additional District Judge, Indore, in Hindu Marriage Act Case No. 136/1992, whereby the application of the respondent/wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has been allowed.2. It appears from the earlier proceeding dated 25.4.1999 that the parties to the appeal wanted to settle the matter but did not appear before the Court. Thereafter the matter was directed to be listed before permanent Lok Adalat. The matter was adjourned from time-to-time by the Lok Adalat and finally having found no possibility of settlement, on 1.4.2000 the Lok Adalat referred the matter to the Court for consideration. The matter was listed on 28.4.2000 for early hearing of the appeal, which was dismissed being devoid of merits. Another application for early hearing was also dismissed on 2.7.2001. On 19.11.20...
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