Madhya Pradesh Court December 2007 Judgments
Ramashankar Bharadwaj Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-14-2007
Reported in: 2008(2)MPHT83; 2008(1)MPLJ439
A.K. Gohil, J.1. Petitioner, who is a public spirited person, social worker and a former MLA from Sheopure, has filed this Probono Publico Petition stating therein that under the scheme of Sarva Shiksha Abhiyan, which was implemented in the State of Madhya Pradesh, the Collectors were appointed as District Mission Director, to provide free education to the children up to 14 years of age and for the betterment and upliftment of the education in District Sheopure, Collector Sheopure has made purchases of 61 Scot Duplicating Machines, 5 Digital Scanner-cum-Printer Digital Duplicator Machines, 5 Computer Interface, 1 Digital Scanner-cum-Printer Digital Duplicator Machine, 1 Computer Interface, 6 Colour Drums for RD Machine, 6 Scot Hot and Cold Roll to Roll Laminating Machines and 6 Scot Data Bind Electrically Operate Heavy Duty Plastic Comb Document Binding Machines, total costing Rs. 57,47,204/-. Those machines were purchased without calling for tenders and without appointing purchase com...
Tag this Judgment!S.S.R. Pirodia and ors. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Dec-14-2007
Reported in: [2008]302ITR1(MP)
ORDERS.C. Vyas, J.1. By this petition filed under Section 482 of the Cr. PC the order dated 25-7-2005 passed by Chief Judicial Magistrate, Ratlam in Criminal Case No. 15 of 1996 and order dated 14-7-2006 passed by IIIrd Additional Sessions Judge, Ratlam in Criminal Revision No. 180 of 2005 are called in question with a prayer to quash these orders and to quash the proceedings of Criminal Case No. 13 of 1990 which is pending in the court of Chief Judicial Magistrate against the present petitioners under Sections 276C, 277 read with 278B of the Income Tax Act, 1961. (hereinafter referred to as the 'Act').2. Short facts of the case are that a private complaint at the Instance of Income Tax Officer, Ratlam under Sections 276C, 277 read with Section 278B of the Act has been filed which was registered and petitioners were summoned. The complaint was filed on the ground that during the accounting year relevant for assessment year 1980-1981, certain income was concealed by petitioner Nos. 2 an...
Tag this Judgment!Kamlesh JaIn Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-14-2007
Reported in: 2008CriLJ1484; I(2008)DMC620
Abhay Gohil, J.1. Convicted appellant has preferred this appeal under Section 374, Cr. P.C. against the judgment of conviction under Section 302, IPC and sentence of life imprisonment with fine of Rs. 1000/- and in default of payment of fine further one month S.I. passed in Sessions Trial No. 5/92 vide judgment dated 23-12-1999.2. Prosecution case in brief is that the deceased Ushadevi was married to the appellant. The appellant used to quarrel with her over dowry demand. He has also performed second marriage and is having a son from his second wife. On 28-8-1991 at about 4.00 p.m. deceased was sitting inside the house. The appellant beat her, threw her on the ground and poured kerosene oil on her and set her on fire and thereafter he ran away. Thereafter Ushadevi went to the police station and lodged FIR at 6.10 p.m. She was then referred to hospital for medical examination, where her dying declaration was recorded by Dr. A.K. Jaiswal (P.W. 3) at 5.15 p.m. After seven days Ushadevi di...
Tag this Judgment!S.N. Bihari Vs. Western Coal Field and anr.
Court: Madhya Pradesh
Decided on: Dec-14-2007
Reported in: [2008(117)FLR739]
U.C. Maheshwari, J.1. This appeal is preferred under Section 30(1) of the Workmen Compensation Act, 1923, in short 'The Act' by the appellant-claimant being aggrieved by the order dated 18.11.2004 dismissing his claim under Section 10 of the Act.The appellant-Claimant preferred his claim under Section 10 of the Act contending that he is working as employee of the respondent on the post of Mechanical Fitter in the Coal Mine of respondents at Sarani. On account of working in the coal mine because of its dust he suffered restrictive lung disease an occupational disease whereby he sustained 40% P.P.D. The medical certificate after his examination was also issued by the doctor posted at Medical College, Bhopal. The appellant's age was 43 years when he sustained the aforesaid disease and his salary was Rs. 3500/-. Such disease was sustained by the appellant while discharging the duties in the aforesaid coal mine under the employment of the respondent. Thus, they are liable to pay the compens...
Tag this Judgment!Pitambra Peeth Shiksha Prasarani Samiti Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-14-2007
Reported in: AIR2008MP222
Dipak Misra, J.1. Regard being had to the similitude of the grievance and the reliefs sought the present batch of the writ petitions was heard analogously and is disposed of by a singular order. For the sake of clarity and convenience the facts in writ petition No. 15457/2007 are adumbrated herein.2. The petitioner college is established by the society, namely, Takshila Shiksha Samiti, Bhopal registered under the provisions of M.P. Societies Registrikaran Adhiniyam, 1973. The society was granted recognition from the National Council for Teacher Education (in Short 'the NCTE') for the academic year 2003-04. It has also been extended the benefit of recognition for the academic session 2007-08. The recognition has been granted under the National Council for Teacher Education Act, 1993 (for brevity 'the 1993 Act'). Under Section 32 of the said act a set of Regulations called National Council for Teacher Education (Guidelines for Regulation of Tuition Fees and other Fees Chargeable by Unaid...
Tag this Judgment!Jandel Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-13-2007
Reported in: 2008(1)MPHT133
A.P. Shrivastava, J.1. This appeal has preferred by the appellant under Section 374 of Cr.PC against the judgment of conviction and sentence, 7-6-2000 passed by IVth Additional Sessions Judge, Morena (M.P.) in Sessions Trial No. 220/96 by which the appellant has been convicted under Section 376 of IPC and sentenced to undergo Rigorous Imprisonment for seven years with a fine of Rs. 3,000/- with default stipulation.2. In nutshell, the story of the prosecution is that on 27-5-96 at about 8 p.m. at Village Hamirpura, prosecutrix (P.W. 5) went to bring vegetable from her uncle Tunderam and while she was returning to home, on the way near the well, appellant met her, threw her on the ground and committed sexual intercourse with her. During the commission of act, one hand was put by the appellant on her mouth, therefore, she could not cry. After the incident, prosecutrix (P.W. 5) came to her house and informed the incident to her father Banwari (P.W. 1) and Jiji (mother) Bhagwan Devi (P.W. 6...
Tag this Judgment!B. Raman Vs. to Whom So Ever
Court: Madhya Pradesh
Decided on: Dec-13-2007
Reported in: 2008(1)MPHT267
ORDERSanjay Yadav, J.1. In the present appeal filed under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as 'Act of 1984'), the legality and validity of order dated 31-10-06 passed by the Presiding Judge, Family Court, Bhopal in MJC No. 57/06 is being questioned. By the impugned order, the Family Court while allowing the guardianship of the person of V. Raghawan has declined the claim of the appellant to regulate the bank account of V. Raghawan.2. The facts in nutshell are that V. Raghawan is the son of K.S. Venkatramani and V. Rajeshwari. K.S. Venkatramani was employed as Temporary Analyst in Town and Country Planning Organisation, E-Block, Vilas Bhawan, New Delhi. He expired on 31-7-67, leaving behind his wife V. Rajeshwari and son V. Raghawan, a mentally ill person admitted in Dr. Bose Memorial Hospital Chennai. After the death of her husband V. Rajeshwari came to Bhopal and lived with her brother, the present appellant, who was at relevant time posted in BHEL. T...
Tag this Judgment!Smt. Amna and anr. Vs. Royal Transport Services and ors.
Court: Madhya Pradesh
Decided on: Dec-13-2007
Reported in: 2009ACJ477; AIR2008MP213; 2008(1)MPLJ334
Rajendra Menon, J.1. This is claimants appeal under Section 173 of the Motor Vehicles Act seeking enhancement of the compensation granted by the Motor Accident Claims Tribunal, Vidisha in claim case No. 138/2002.2. Claimants are the widowed mother and invalid brother of deceased Sajid Khan who was working as driver in truck bearing CII-7814. It is stated that on 28-8-02 when Sajid Khan was working as driver and was checking nut bolts of the wheels after parking the truck by the road side, a bus bearing No. M.P. 04-F-0526 belonging to respondent No. 1, driven by the respondent No. 2 and insured with respondent No. 3 came from the opposite direction, it was driven in rash and negligent manner and dashed against the truck, as a result injuries were sustained by Sajid Khan and he died on the spot. Inter alia contending that Sajid Khan was earning Rs. 3000/- as salary per month, was paid daily allowance of Rs. 75/-, appellant No. 1 widowed mother and appellant No. 2 handicapped brother are ...
Tag this Judgment!Dharmendra Pratap Singh @ Kunwar Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-11-2007
Reported in: 2008(2)MPHT477
ORDERA.K. Saxena, J.1. Heard.This application has been filed for modification of order and issuance of direction to the concerned authority so that the applicant may be enlarged on bail as per orders passed by this Court on 30-11-2007 in M. Cr.C. No. 10334/07. 2. I perused the letter (Annexure A-2) written by Superintendent, Central Jail, Rewa to Chief Judicial Magistrate, Rewa and also the order sheets dated 5-12-2007 and 6-12-2007 of Judicial Magistrate First Class, Rewa.3. It appears from both the documents that both the authorities do not know the law. The person can be enlarged on bail in connection with a particular crime or a particular case registered at Police Station or in the Court. The bail order is not granted in respect of the Sections. Therefore, it was duty of the concerned Judicial Magistrate First Class to issue directions to Superintendent, Central Jail, Rewa to enlarge the applicant even though the Section 376 of IPC was not disclosed in the order of the High Court....
Tag this Judgment!Adinath Traders Vs. Commissioner, Commercial Tax Department and ors.
Court: Madhya Pradesh
Decided on: Dec-11-2007
Reported in: (2008)14VST400(MP)
Viney Mittal, J.1. This order shall dispose of eight writ petitions being W.P. No. 5053 of 2006, W.P. No. 5054 of 2006, W.P. No. 5055 of 2006, W.P. No. 5057 of 2006, W.P. No. 2252 of 2007, W.P. No. 2253 of 2007, W.P. No. 2254 of 2007 and W.P. No. 2255 of 2007. All the writ petitions have been filed by the same assessee, M/s. Adinath Traders. Whereas four writ petitions being W.P. No. 5053 of 2006, W.P. No. 5055 of 2006, W.P. No. 2252 of 2007 and W.P. No. 2253 of 2007 pertain to a dispute with regard to reassessment of commercial tax qua various assessment years, the remaining four writ petitions pertain to reassessment of entry tax qua the said assessment years. For the sake of convenience the facts are borrowed from W.P. No. 5053 of 2006.2. The petitioner-firm is a registered dealer under the provisions of the M.P. Vanijiyak Kar Adhiniyam, 1994. The petitioner-firm is dealing in the business of coconut. According to the petitioner-firm, coconut is purchased from various dealers in the...
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