Madhya Pradesh Court August 2004 Judgments
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Raghunath Singh Bhadouria Vs. Principal, Maharaja Mansingh Maha Vidyal ...
Court: Madhya Pradesh
Decided on: Aug-12-2004
Reported in: [2005(104)FLR178]; (2005)ILLJ947MP
S.S. Jha and A.K. Gohil, JJ.1. This appeal is filed against the judgment of single Bench - dismissing the writ petition of appellant on December 15, 1998. Appellant filed a writ petition for quashing the enquiry report filed as Annexure P/9 with the writ petition and prayed that the order dated April 5, 1995 passed by this Court in M.P. No. 150/81 be implemented and back-wages be paid to the petitioner with compensation amounting to Rs. 5 lakhs on account of mental agony also suffered by the petitioner.2. Petitioner has filed a writ petition (M. P. No. 150/81) which was decided on April 5, 1995 in which directions were given for payment of back-wages as well as pensionary benefits within a period of three months. The order passed by the Tribunal was upheld and appellant was allowed to rejoin the service on April 24, 1995. He retired on June 30, 1995. He filed contempt petition (M.C.C. No. 359/95) for enforcement of order passed in writ petition on November 17, 1995. In that (sic) M.C.C...
Sayarbai Vs. Ayodhyabai and ors.
Court: Madhya Pradesh
Decided on: Aug-12-2004
Reported in: I(2005)DMC406
P.C. Agarwal, J. 1. This is a second appeal by the defendant who lost in both the Courts below. Smt. Ayodhyabai (R-1) and Smt. Kamlabai (R-2) mother and daughter had filed this suit for declaration of the title and perpetual injunction in respect of agricultural land. As per plaint Smt. Ayodhyabai (R-1) had been the married wife of Daryaosingh while Smt. Kamlabai (R-2) is his daughter. The suit land was owned by late Daryaosingh. Smt. Sayarbai (the appellant) had claimed that late Daryaosingh had re-married her during the life-time of his earlier married wife Smt. Ayodhyabai (R-1) and, thus, being a co-widow, she could claim 1/2 share in the suit land. Certainly, a woman who marries a man who is already married after advent of Hindu Marriage Act, 1955 does acquire any right of inheritance. Such marriage in view of Section 5 is wholly void and, clearly such a wife is not a wife at all, she does not acquire such status and does not acquire any right of inheritance also. As such, the Cour...
Charan Kodhar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-11-2004
Reported in: 2004CriLJ4413; 2004(3)MPHT529; 2004(4)MPLJ429
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 17-12-1999 passed by learned Sessions Judge, Chhatarpur, in Sessions Trial No. 82/99 convicting him under Section 302 of IPC and sentencing to suffer Rigorous Imprisonment for life and the fine of Rs. 2000/-, in default of payment of fine further R.I. for one year, the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973. 2. In brief the case of the prosecution is that on 25-2-1999 at 10.30 a.m., Village Chowkidar Matadeen lodged first information report that Shankar Patel and Ramu Dhimar told him that Hira Kondar (hereinafter referred to 'the deceased') is lying dead in front of the door of accused/appellant and blood is coming out from his head. These persons also told him that accused/appellant was carrying a lathi, his clothes were stained with blood and he had fled towards jungle, has killed deceased by lathi, bricks and stones. 3. After re...
Dr. V.K. Chakravarty Vs. Indira Kala Sangeet Vishwavidyalaya and ors.
Court: Madhya Pradesh
Decided on: Aug-11-2004
Reported in: 2004(4)MPHT131
R.V. Raveendran, C.J.1. The appellant was working as Principal of Bhatkhande Sangeet Mahavidyalaya, Bilaspur, since 1984. The first respondent (Indira Kala Sangeet Vishwavidyalaya, Khairagarh, District Rajnandgaon) (hereinafter referred to as 'the University') invited applications for the post of Registrar by advertisement dated 20-1-1994. The appellant was one of the applicants for the said post. The Selection Committee interviewed the candidates on 8-7-1994 and submitted a panel of three names-- Dr. V.K. Chakravarty (the petitioner), Dr. Sabhapati Singh (third respondent) and one Dr. P.P. Joshi, to the Karyakarini Samiti (Executive Council) of the University. The Executive Council considered the recommendations of the Selection Committee and by resolution dated 17-7-1994, appointed the third respondent (second name in the panel) as Registrar.2. Feeling aggrieved, the appellant filed W.P. No. 3031/1994 seeking for the following reliefs :--(i) for quashing the resolution dated 17-7-199...
Smt. Devika Bai and ors. (L.Rs. of Ram Swaroop Chaturvedi) Vs. State o ...
Court: Madhya Pradesh
Decided on: Aug-11-2004
Reported in: 2004(4)MPHT289
ORDERA.K. Shrivastava, J.1. After filing this petition in the year 1993, the petitioner expired on 15-4-2001. An application for bringing legal representatives on record has been filed. Arguments on that application are heard. The application is hereby allowed. Necessary amendment he carried out today only.2. The petitioner who is a low paid employee and was serving on the post of Peon has assailed his order of dismissal (Annexure A-ll), dated 25-8-1992 passed by Collector, Tikamgarh. The order was affirmed in appeal by Commissioner, Sagar vide order dated 20-4-1993 (Annexure A-14).3. According to learned Counsel for petitioner, if the report of enquiry officer as well as the punishment order is read in proper perspective and in the realm of facts and circumstances, it would reveal that no charge has been proved against the petitioner. According to learned Counsel though the findings arc not against the petitioner, even then he has been punished by the extreme penalty, by dismissing hi...
Prahlad Neema and anr. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-11-2004
Reported in: 2004(4)MPHT305; 2004(4)MPLJ481
ORDERS.L. Kochar, J.1. This revision has been directed by the applicants against the order of framing of charge under Section 135(1) of Customs Act, 1962 against the applicants by the learned II Addl. Chief Judicial, Magistrate, Indore, in Criminal Case No. 2/1997 order dated 1-11-2003 for the offence punishable under Section 135(1) of Customs Act, 1962 (for brevity 'the Act').2. In brief the factual matrix of the case is that on 27-2-1992, on the basis of an intelligence, the Custom and Central Excise Officers of Indore had conducted a search of the premises 42-A-43-C, Sector-E, Industrial Area, Sanwer Road, Indore. It is alleged by the prosecution that in the said search the raiding party had recovered 90 silver slabs bearing foreign markings indicating their foreign origin. These 90 silver slabs weighing 3041.493 kgs and valuing Rs. 2,41,00,000/- were seized from different places of the premises in possession of the accused persons. It has also been contended by the prosecution that...
Ratlam Wires Pvt. Ltd. Vs. C.E.S.T.A.T.
Court: Madhya Pradesh
Decided on: Aug-11-2004
Reported in: 2004(174)ELT154(MP)
ORDERA.M. Sapre, J.1. This is an appeal filed by an assessee under Section 35G of Central Excise Act against an order, dated 8-1-2004, passed by CESTAT (for short called Tribunal).2. It may be taken note of at the outset, that appellant who was respondent in appeal out of which this appeal arises was ex parte before the Tribunal. In other words, the appellant despite service of the appeal remained ex parte and did not participate in the proceedings before the Tribunal. It is only when the impugned order went against the appellant; this appeal is filed by the appellant (who as observed supra was the respondent before Tribunal).3. On 22-8-1997, the sleuths of Central Excise Department raided the factory premises of appellant. On physical verification of the stocks in relation to finished goods and inputs, a shortage of finished goods (Iron and non alloy steel wires) of the value of Rs. 10,18,874/- involving payment of Excise Duty (Rs. 1,57,330/-) and inputs weighing 630.440 Kg of Zinc in...
Vishal and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-10-2004
Reported in: 2005(1)MPHT17
ORDERS.L. Kochar, J.1. This revision has been directed against the order dated 24-5-2004 passed by the learned XI Addl. Sessions Judge, Indore in Sessions Trial No. 407/2003 thereby dismissing an application under Section 311 of the Code of Criminal Procedure filed by the applicants for recalling two witnesses for the prosecution named Sunil Kushwaha (P.W. 6) and Gajendrasingh (P.W. 10), for cross-examination.2. Learned Counsel for the applicants has vehemently submitted that the applicants arc facing murder trial and both the witnesses have not been cross-examined by their Advocate Shri Ashok Shukla. Therefore, the applicants have filed an application under Section 311 of the Cr.PC for recalling the aforesaid two witnesses for cross-examination, but the same has been dismissed without assigning any valid reason. On 6-7-2004, this Court had directed the learned Counsel for the applicants to file the certified copies of the orders right from 26-2-2004 and the same have been filed only o...
Rashid Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-10-2004
Reported in: 2004(4)MPHT503
Uma Nath Singh, J.1. This criminal appeal arises out of a judgment dated 7th of July, 1993 passed by learned Fourth Additional Sessions Judge, Ratlam in Sessions Trial No. 130/85 holding the accused appellant guilty of offence punishable under Section 304A, IPC and sentencing him only to a fine of Rs. 11,000/- with direction that out of the said amount, fine of Rs. 5000/- be paid individually to parents of the deceased towards compensation.2. Briefly narrated the facts of the prosecution case are that on 5-6-1985 an information was received at Police Station, Station Road, Ratlam that deceased Nanuram had been admitted at Civil Hospital. The police recorded the information (Ex. P-12) and made an application vide Ex. P-13 for his medical examination. The medical examination was conducted vide Ex. P-15 and as per Ex. P-16 the dying declaration of the deceased was recorded by Dr. O.P. Gupta. Another dying declaration of deceased Nanuram was recorded on 6-6-1985 vide Ex. P-17. Nanuram died...
State of M.P. Vs. Kailash
Court: Madhya Pradesh
Decided on: Aug-10-2004
Reported in: I(2005)DMC124
S.S. Jha, J.1. This appeal is filed against the acquittal of respondent for an offence under Section 302, I.P.C. and Section 498A, I.P.C.2. According to the prosecution, deceased Mamta was burnt on 29.1.1987 at her house. She was admitted to the District Hospital, Shivpuri, where she died 10 days after the incident on 9.2.1987. She remained in Hospital for 10 days. It is alleged that respondent has beaten his wife Mamta and burnt her by pouring kerosene oil upon her. After burning Mamta she was pushed out of the room where the wife of her husband's elder brother and aunt have extinguished fire by pouring water on her body and she was sent to the District Hospital where she died on 9.2.1987,3. There is no eye-witness to the incident. Prosecution case rests upon the oral dying declaration. P.W. 1 Ramavtar has deposed that the deceased remained unconscious for 3-4 days and thereafter she regained consciousness. When she regained consciousness at that time this witness Ramavtar, his father...
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