Madhya Pradesh Court November 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Satish Vs. Dharmendra and ors.
Court: Madhya Pradesh
Decided on: Nov-29-2006
Reported in: II(2007)ACC668
ORDERW.A. Shah, J.Heard. This appeal can be finally disposed of at the motion hearing stage without notice to other side hence following final order is being passed....
Commissioner of Sales Tax and ors. Vs. Metalman (India)
Court: Madhya Pradesh
Decided on: Nov-28-2006
Reported in: (2007)9VST568(MP)
ORDER1. The applicants (Revenue) have filed this application under the provision of order 47, Rule 1 of the Civil Procedure Code for review of the order dated April 7, 1998 passed by learned single judge in M.P. No. 1276 of 1989. Learned A.A.G. contends that though the judgment of a division Bench of this court in Western Coalfields Ltd. v. State of Madhya Pradesh [1997] 106 STC 406 : [1996] MPLJ 439 by which Section 7(5) of the M.P. Sthaniya Kshetra Me Mai Ke Pravesh Par Kar Adhiniyam, 1976 (for short, 'the Adhiniyam') was set aside as ultra vires, had been reversed by the apex court in State of Madhya Pradesh v. Bharat Heavy Electricals : 1998(99)ELT33(SC) , said decision of the Supreme Court having not been brought to the notice of the learned single judge, learned single judge proceeded on the division Bench decision of this court and allowed the petition of the respondent.2. We may at the outset point out that failure to cite a decision before the court cannot be made a ground for...
Mohil Fibers Vs. Shri Saai Agro Industries and anr.
Court: Madhya Pradesh
Decided on: Nov-27-2006
Reported in: II(2007)BC470
ORDERS.C. Vyas, J.1. This is a petition under Section 482 of the Code of Criminal Procedure preferred by petitioner complainant for quashment of the impugned order dated 5.8.2004 in criminal case No. 831 of 2003 whereby the learned Trial Magistrate dismissed the complaint and discharged the respondent of the offence on the ground that complaint was filed by Power of Attorney Holder of the complainant and, therefore, no cognizance could be taken.2. The said impugned order was challenged by petitioner complainant by filing Cri. Revision before Addl. Sessions Judge, Khargone which has also been dismissed vide order dated 20.5.2005. That is how petitioner complainant has come up before this Court.3. Short facts of the case are that a private complaint was filed against the respondents for commission of offence under Section 138 of Negotiable Instruments Act (hereinafter shall be referred as the 'Act') on behalf of Mohil Fibers Bhikangaon, through Power of Attorey Holder Basant Kumar Jain w...
Smt. Hira Bai and ors. Vs. Pratap Singh and anr.
Court: Madhya Pradesh
Decided on: Nov-23-2006
Reported in: 2008ACJ2660; AIR2007MP134
Dipak Misra, J.1. The claimants-appellants, the legal representatives of deceased Lakhan Singh Lodhi (hereinafter referred to as 'the claimants'), have called in question the sustainability of the award dated 31-1-2005 passed in Claim Case No. 66/03 by the First Additional Motor Accident Claims Tribunal, Sagar (in short 'the tribunal').2. The facts which are essential to be stated for adjudication of this appeal are that on 23-10-2002 Lakhan Singh Lodhi was seated in a tractor bearing registration No. M.P. 15/F-2354 belonging to Pratap Singh the respondent No. 1, for the purpose of ploughing the field of one Khalak Singh and at that juncture the tractor turned turtle as a result of which Lakhan Singh came underneath the said tractor and breathed his last at the spot. A report was lodged by Khalak Singh son of Roop Singh Lodhi at the Police Station, Gorjhamar and accordingly a criminal case under Section 304A of the Indian Penal Code was registered. Because of the death of Lakhan Singh ...
Shiv Kali Bai Vs. Dr. Sunanda Choudhary and ors.
Court: Madhya Pradesh
Decided on: Nov-23-2006
Reported in: 2007ACJ2607
Deepak Verma, J.1. This first appeal under Section 96 of the Code of Civil Procedure has been preferred by unsuccessful plaintiff against the judgment passed by District Judge, Seoni in C.S. No. 9-A of 1998 on 14.12.2000, whereby her claim for damages to the tune of Rs. 5,00,000 on account of failure of sterilisation operation was dismissed.2. Facts, not in dispute, are mentioned hereinbelow:The appellant had undergone sterilisation operation at Khwasa Camp, Seoni on 17.11.1994. The said operation was performed by Dr. Sunanda Choudhary, the respondent No. 1, who was then serving as Specialist in Obstetrics and Gynaecology in Civil Hospital at Seoni. She was under the control and supervision of respondent Nos. 2 to 4.3. According to the appellant, she belongs to poor strata of society and was already having four children. Since her husband was drawing a meagre salary by doing labour work, both of them thought it fit that appellant should undergo sterilisation operation so as to restrict...
Raja Vs. Ajay
Court: Madhya Pradesh
Decided on: Nov-22-2006
Reported in: 2008ACJ670; 2007(2)MPHT225; 2007(1)MPLJ325
ORDERS.K. Kulshrestha, J.1. This case will also govern the disposal of M.A. No. 3350/2005 as the facts of the two cases are similar and similar question of law is involved.2. The applicants (appellants) approached the Labour Court under the Workmen's Compensation Act to seek damages on account of the injuries suffered in an accident while they were travelling in a Truck. The appellant's employer examined himself on the basis that he had objected to his being employer of the two appellants. The Commissioner for Workmen's Compensation, finding that the appellant has failed to prove the relationship of employer and the employee, dismissed the claims as not maintainable. It is against this dismissal that the appellant has approached this Court.3. In view of the finding based on evidence that the appellants were not the employees, we find that they were not entitled to invoke the provisions of Workmen's Compensation Act. The Counsel for the respondents have invited attention to Section 167 ...
Hariom Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-2006
Reported in: 2006(1)MPLJ533
ORDERRakesh Saksena, J.1. Applicant has filed this revision against the order dated 20-12-2005, passed by II Additional Sessions Judge, Sagar, in Sessions Trial No. 316/05, framing the charge against him under Section 306 of IPC.2. Learned Counsel for the applicant submits that there is absolutely no material on record for making out charge under Section 306 of IPC.3. In brief, the prosecution story is that in the night between 19th and 20th February, 2005, at about 1.30 o'clock, applicant entered the house of Pushpa (deceased) with a view to outrage her modesty. Hearing noise, Hemant and of her persons reached there, whereupon, applicant ran away from the room. Hemant assaulted applicant by means of lathi. Next morning i.e., about 8.00 a.m. on 20-2-2005, Pushpa committed suicide by hanging in her room. A merg report was lodged by Ambika Prasad, the grand father of Pushpa. On post-mortem examination of the dead body, it was opined that Pushpa had died by hanging.4. During investigation...
M.P. Police Housing Corporation Ltd. Vs. Smt. Lakshmi Thakur and ors.
Court: Madhya Pradesh
Decided on: Nov-17-2006
Reported in: [2007(112)FLR738]
ORDERR.K. Gupta, J.1. The petitioner by way of filing this petition before this Court under Article 227 of the Constitution of India has challenged the order Annexure P-1, dated 5-8-2003 passed by Labour Court. By this order the Labour Court has classified the respondent/employee w.e.f. 11-11-2000 as a permanent employee. The petitioner preferred an appeal to the State Industrial Court and the State Industrial Court has also confirmed the order passed by the Labour Court by order Annexure P-3, dated 27-9-2005.2. The learned Counsel for the petitioner submitted that this Court in W.P. No. 6662/2000 Hari Sharma v. State of M.P. and Ors. decided on 19-9-2006 and W.P. No. 3838/2005 (S) Daddi Lal Yadav v. State of M.P. and Ors. decided on 3-8-2006 with of her connected petitions has already held that the persons those who are employed on daily rate basis after 31st December, 1988 have no right to claim their regularization. The aforesaid case is based upon by the judgments passed by the Ape...
C.L. Yadav and anr. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Nov-16-2006
Reported in: 2007(2)MPHT360
ORDERS.C. Vyas, J.1. This is a petition tiled under Section 482 of Cr.P.C. challenging the order passed by Chief Judicial Magistrate, Ujjain in Criminal Case No. 1562/2003 on dated 3-10-2005, whereby an application filed on behalf of the petitioners for discharging them from the charges punishable under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for brevity) read with Rule 64-B of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rules' for brevity), has been dismissed.2. Criminal Case No. 1562/2003 is pending in the Court of Chief Judicial Magistrate, Ujjain, on the basis of a complaint filed by Food Inspector, Ujjain for alleged violation of Section 7(ii) read with Section 16(1)(a)(i) of the Act read with Rule 42(S) and 64-B of the Rules.3. The case of the prosecution in short is that Food Inspector, Ujjain purchased a sample of Maggi 2 Minutes Noodles from one Kishor...
Sanjiv Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-15-2006
Reported in: 2007CriLJ2020
U.C. Maheshwari, J.1. This judgment shall govern aforesaid both the appeals as arising out of the same judgment.2. The appellant of Cr. A. No. 543/92 has preferred this appeal being aggrieved by the judgment dated 30-4-1992 passed by Sessions Judge, Chhindwara in S. T. No. 134/91 convicting him under Section 306 of I.P.C. with imprisonment of till rising the Court and fine of Rs. 50,000/-, in default of it two and half years SI was directed. While the State of Madhya Pradesh has preferred Cr. A. No. 704/92 under Section 377 of Cr.P.C. for enhancement of aforesaid punishment.3. The facts giving rise to these appeals are that the wife of appellant in Cr. A. No. 543/92 namely Babita committed suicide by hanging and died by unnatural death in the intervening night of 22nd and 23rd May 1991 in their home. On information to Police Kundipura, by the appellant a marg intimation (Ex. P.9) was registered on 23-5-1991. After preparation of dead body Panchnama (Ex. P. 10) and spot map (Ex. P. 11) ...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »