Madhya Pradesh Court March 2004 Judgments
Smt. Gulshan Choudhary Vs. Vinay
Court: Madhya Pradesh
Decided on: Mar-29-2004
Reported in: III(2004)BC453
ORDERA.K. Awasthy, J.1. The applicant has filed this Misc. Cr. Case No. 14 of 2004, along with Misc. Cr. Case No. 15 of 04 and Misc. Cr. Case No. 16 of 04 under Section 482 Cr. P.C. against the order dated 3.12.03 passed by learned 11th Additional Sessions Judge, Indore in a revision confirming the order dated 12.11.03 passed by learned Judicial Magistrate First Class, Indore in Cr. Case No. 1042 of 02, 1227 of 02 and 1045 of 02.2. These complaints by the respondent Vinay s/o Ramdayal Biyani were filed under Section 138 of the Negotiable Instrument Act, against the applicant on the allegation that the applicant Gulshan w/o Amar Singh, is a director of Shaktiman Auto Fabricators Pvt. Ltd. and the cheques given by the husband of applicant Gulshan, namely Amar Choudhary, were dishonoured and even after the notices given by the complainant the amount was not paid by the applicant of the dishonoured cheques. The learned trial Court recorded the statement of the complaint to all the three co...
Tag this Judgment!Sportina Exim Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2004
Reported in: 2004(4)MPHT168
ORDERK.K. Lahoti, J.1. The petitioner aggrieved by rejection of technical bid Annexure P-4, dated 22-11-2003 for the contract of 'providing and laying Global Category Synthetic Hockey Surface' has filed this petition.2. The short facts of the case are that the petitioner is a company incorporated in India under the provisions of Indian Companies Act, 1956. Petitioner is representative of various international suppliers in India, for supply of material relating to sports and providing assistance in procurement of the business in India by various international companies. Petitioner is also a representative of M/s. Desso DLW Sports Systems, Netherlands, which is engaged in the manufacture and supply of synthetic turf surfaces for installation in sports stadium. The firm M/s. Desso DLW Sports System, Netherland is having ISO Certificate 9001 for process of manufacture of yarn and process of installation thereof. This firm also manufactures and supplies artificial grass.3. Respondent Nos. 2...
Tag this Judgment!Gyan Singh Markam Vs. Central Government Industrial Tribunal-cum-labou ...
Court: Madhya Pradesh
Decided on: Mar-26-2004
Reported in: 2004(3)MPHT82; 2004(3)MPLJ435
ORDER1. This is an appeal under Clause 10 of the Letters Patent against order dated 24-6-2002 in Writ Petition No. 1708 of 2002.2. The writ petition was filed by the petitioner challenging the award dated 5-11-2001 of the Industrial Tribunal, Jabalpur by which it was held that Malajkhand Copper Project of WCL was justified in terminating the services of the petitioner as he was not the 'dependent' of the land oustee. The domestic inquiry was held as proper and valid. The Industrial Tribunal observed that in the domestic inquiry the petitioner did not plead that he was the adopted son of the displaced person. As the petitioner had secured employment on the false pretext that he was dependent of the displaced person, his services were held to have been terminated rightly. The Single Bench while dismissing the writ petition in limine observed that the petitioner had 'hood-winked the authorities and obtained appointment and after due enquiry his services were terminated'.3. A preliminary o...
Tag this Judgment!Shikhar Chandra JaIn (Since Dead) Through L.Rs. Anil Kumar JaIn and or ...
Court: Madhya Pradesh
Decided on: Mar-26-2004
Reported in: 2004(4)MPHT402; 2005(1)MPLJ86
ORDERS.K. Pande, J.1. This revision under Section 115 of CPC is directed against the order dated 30-7-2003 passed by 3rd Civil Judge Class II, Satna, in MJC No. 15 of 2000.2. C.S. No. 22-A/91 filed by petitioners was dismissed on 13-10-2000 for non-appearance. Therefore, they filed application for its restoration. During the pendency of aforesaid application in MJC No. 15/2000, petitioners on 2042-2002 filed an application under Order XXII Rule 4, CPC for substitution of L.Rs. of defendant late Ramkumar Agrawal stating inter alia that they, for the first time learnt about the death on 28-10-2002 during revenue proceedings before the Commissioner. Thereafter the petitioners also filed application under Order XXII Rule 9, CPC and application under Section 5 of Limitation Act alongwith affidavit. The applications aforesaid were resisted by the respondents stating inter alia that late Ram Kumar Agrawal died on 22-1-2001 and the fact of his death was very much known to the petitioner Asha C...
Tag this Judgment!Gouri Shankar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-25-2004
Reported in: 2004(2)MPHT301
S.P. Khare, J.1. Appellant Gaurishankar has been convicted under Section 302, IPC and sentenced to imprisonment for life.2. The prosecution case is that on 9-12-1989 deceased Indudas entered into the house of accused Gaurishankar and was found in a room with Sheelabai (P.W. 3) who is wife of elder brother of the accused. According to the prosecution, Indudas was attempting to commit rape on her and at that point of time, accused Gaurishankar came there. Indudas begged to be excused for his misconduct. Indudas tried to run away and accused Gaurishankar caused injuries to him with an axe and he died there. The accused himself went to the police station and lodged the FIR (Ex. P-19). The accused gave the information in this respect that he had put the dead body of Indudas and the axe in his house. Thus, according to the prosecution the accused committed murder of Indudas.3. The accused pleaded not guilty.4. The Trial Court after appreciation of the evidence on record held that accused Gau...
Tag this Judgment!Amar Nath and ors. Vs. Nathuram and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2004
Reported in: 2004(2)MPHT360; 2004(2)MPLJ217
A.K. Shrivastava, J.1. This appeal has been preferred by plaintiffs being aggrieved by judgment and decree dated 14-9-1988 passed by 8th Additional District Judge, Jabalpur dismissing their appeal and confirming the judgment and decree dated 11-1-1982 passed by the Trial Court holding that partition took place in the year 1954 and in pursuance to that partition the parties arc possessing their respective shares.2. The suit was originally filed by Moorat Lal Tiwari and on his death the present appellants were brought on record. The original plaintiff Moorat Lal filed suit against Nathuram, Lakhan Lai and Smt. Malida Bai. Moorat Lal was having two wives. From his first wife Nathuram defendant No. 1 was born. After the death of his first wife, Moorat Lal married to Malida Bai (defendant No. 3) and Lakhan Lal (defendant No. 2) is his son from his second wife. Amarnath, Yogendranath and Ravindra Nath, who were brought on record as plaintiffs on the death of the original plaintiff Moorat Lal...
Tag this Judgment!Radheshyam Vs. Ramakant (Deceased) Through L.Rs.
Court: Madhya Pradesh
Decided on: Mar-25-2004
Reported in: 2004(3)MPHT76; 2004(2)MPLJ332
S.K. Seth, J.1. This second appeal, at the instance of appellant/tenant, is directed against the judgment and decree in First Appeal No. 13 of 2000, decided on 20-8-2001 by the XIII Additional District Judge to the Court of District Judge, Indore. By the impugned judgment & decree, the judgment and decree passed by the Trial Court in C.S. No. 43-A of 1994 was reversed.2. Respondent/plaintiff instituted the eviction suit against the appellant/defendant on allegation, that former is owner of the house bearing No. 128 (old) situated in Subhash Nagar, Indore and plaintiff let out two rooms on the ground floor for residential purposes to the appellant on payment of Rs. 85/- as monthly rent. Tenancy was monthly, starting from 1st of every English calendar month. Initially plaintiff claimed eviction under Section 12 (1) (e) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'Act'). Plaintiff set up the bona fide need of the suit accommodation not only for himself but also...
Tag this Judgment!Smt. Mohini and ors. Vs. Smt. Vidhyawati Rathore and ors.
Court: Madhya Pradesh
Decided on: Mar-24-2004
Reported in: 2004(3)MPHT68; 2004(2)MPLJ169
A.K. Shrivastava, J. 1. The defendants having lost from the Trial Court has challenged the judgment and decree dated 15-4-1993 for specific performance of contract passed in favour of plaintiff by First Additional District Judge, Sagar in Civil Suit No. 5-A/1989, by preferring this appeal.2. The respondents are the legal representatives of plaintiff Krishna Kumar Rathore who during the pendency of the suit died. Defendants/appellants are the heirs of Nanku Ram Sonkar. In brief the case of the plaintiff is that Nanku Ram entered into an agreement of sale with plaintiff/Krishna Kumar on 20-11-1987 in respect to the suit house. A document to that effect was executed on that day and in pursuance to the contract, plaintiff/Krishna Kumar paid a sum of Rs. 7000/- to deceased Nanku Ram. It was agreed between the parties that balance amount of consideration Rs. 16,000/-would be paid to Nanku Ram and thereafter he (deceased Nanku Ram) will execute a sale deed in favour of plaintiff. It is no mor...
Tag this Judgment!Jagannath Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-24-2004
Reported in: 2004(3)MPHT249
S.L. Kochar, J.1. This appeal has been preferred by the appellant against the judgment and finding dated 22-7-97 passed by the learned Sessions Judge, Rajgarh (Biaora) in Sessions Trial No. 66/96 thereby convicting the appellant under Section 302, Indian Penal Code and sentencing him to suffer imprisonment for life with fine of Rs. 500/-, in default of payment of fine to suffer six months additional R.I.2. Briefly stated, the prosecution case before the Trial Court was that the deceased Mangilal went to graze she-buffaloes to the forest on 9-2-96 in the morning between 7 and 8.00 A.M. In the noon at about 1.00 P.M., his brother Badesingh also went to the forest with noon-meals. Badesingh, after giving food to the deceased Mangilal, returned back to his house. Thereafter at 3.00 P.M. the she-buffaloes returned back to the house but the deceased Mangilal was not with them. On this, Bherulal, father of the deceased, brother Badesingh, and one Kalu went in search of the deceased Mangilal i...
Tag this Judgment!Vikram Cement Vs. Commissioner of Commercial Tax and ors.
Court: Madhya Pradesh
Decided on: Mar-24-2004
Reported in: [2004]137STC303(MP)
1. Heard on the question of admission.2. This letters patent appeal under Clause X of Letters Patent, is against an interim order passed by the learned single Judge in appellant's Writ Petition No. 9506 of 2003 whereby interim stay has been granted to appellant subject to furnishing bank guarantee for a sum of Rs. 24 lacs to the satisfaction of concerned assessing authority, within a period of three months from 10th December, 2003. It appears that thereafter appellant also moved an application for early hearing of the petition on merits, but said prayer has also been rejected by learned single Judge on account of heavy congestion in the court.3. After having heard learned counsel for appellant and after perusal of record, we are of the opinion that against such an interim order, L.P.A. cannot be entertained. If appellant was keen to have an order of stay in his favour then direction as contained in the order should have been complied with. But, that does not give a right to appellant t...
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