Madhya Pradesh Court February 2007 Judgments
Prashant M. Aachawal Vs. Gulab Singh Raghuvanshi
Court: Madhya Pradesh
Decided on: Feb-28-2007
Reported in: 2007CriLJ3035; 2007(2)MPLJ212
ORDERB.M. Gupta, J.1. The instant petition has been filed for invoking the inherent powers of this Court under Section 482 of Cr.P.C. praying therein to set aside the impugned order dated 14-11-2006 passed by Second Additional Sessions Judge (Fast track Court), Vidisha in Criminal Revision No. 130/2006 whereby the learned Judge has affirmed the order dated 19-7-2006 passed by JMFC Vidisha in Criminal Case No. 1412/06. Vide the aforementioned orders, both the Courts below did not allow the contention raised on behalf of the petitioner, that the complaint filed by the respondent for the offence punishable under Section 138 of Negotiable Instrument Act (hereinafter referred to as the Act) is pre-mature.2. During the course of arguments Shri Bhagwan Pandey, the learned Counsel for the petitioner has drawn attention on para 5 of the complaint dated 28-11-2005, the application dated 22-4-2006 filed by the Petitioner before the trial Court and the re ply dated 16-6-2006 of this application su...
Tag this Judgment!Ramdayal Vs. Hari Singh
Court: Madhya Pradesh
Decided on: Feb-28-2007
Reported in: 2007(3)MPHT444
ORDERArun Mishra, J.1. This Misc. Appeal has been filed under Section 47 of the Guardians and Wards Act, 1890. Appellant Ram Dayal maternal grandfather of Ku. Nidhi has claimed her custody. The Court below has allowed the application filed by Hari Singh respondent under Section 7 read with Section 8 of Guardians and Wards Act.2. It is not in dispute that marriage of Rekha was performed with late Indrapal Singh s/o Hari Singh more than 13 years before. Two daughters namely Ku. Neha aged 12 years and Ku. Nidhi aged 10 years were born out of wedlock. Indrapal had died in an accident dated 22-1-1996. It is not in dispute that Rekha the mother of Ku. Neha and Ku. Nidhi has performed re-marriage (Natra) with one Makhan Singh of Village Bamuliya and she is residing separately at Village Bamuliya, not with any of the daughter. An elder daughter Ku. Neha is living with grandfather Hari Singh, he filed an application under Section 7 read with Section 8 of Guardians and Wards Act submitting that ...
Tag this Judgment!Nagda Municipality Vs. Itc Ltd.
Court: Madhya Pradesh
Decided on: Feb-27-2007
Reported in: AIR2007MP142; 2007(3)MPHT309
S.K. Kulshrestha, J.1. This appeal assails the order dated 26 9 2006 passed by the learned single Judge in W.P. 1699/ 2006, whereby the learned single, Judge has quashed the demand raised vide notice Ex. P.9 for development charge and in relation to the determination of compounding fee for illegal construction by the respondents petitioner, directions have been issued as under:In the facts and circumstances of the case, the demand raised by the respondents towards Development Charges, Annexure P-6 and compounding fee Annexure P/19 are quashed with the following directions:1. That the petitioner shall submit a detailed representation before the respondent No. 2, regarding the nature of land and the actual area of unauthorized construction within a week.2. If such a representation is submitted by the petitioner, the respondents shall submit the same before President-in-Council, who shall consider the same in accordance with Section 187A of the Act and also in accordance with the Guidelin...
Tag this Judgment!Jhabbu Lal Vs. Purroo and ors.
Court: Madhya Pradesh
Decided on: Feb-27-2007
Reported in: AIR2007MP223
ORDERDhirendra Mishra, J.1. This Civil Revision is directed against the order dated 6-5-96 passed by 2nd Civil Judge Class-II, Raipur in Civil Suit No. 119-A/94 whereby the application of the non-applicant/plaintiff under Order 22. Rule 3 of the C.P.C. for bringing Legal Representatives of deceased Puroo has been allowed and name of the respondents No. 1. 1 to 1.4 has been ordered to be substituted in place of deceased/Puroo.2. The short question involved for adjudication of this Civil Revision is that whether an application under Order 22, Rule 3 of the C.P.C. for substitution, preferred after expiry of 90 days from the date of the death of plaintiff, can be considered and allowed in the absence of an application for setting aside abatement under Order 22. Rule 9 of the C.P.C.3. Learned Counsel for the applicant submits that plaintiff Puroo died on 15-5-89 and respondent No. 1.1 to 1.4 Legal Representatives filed application for bringing them as Legal Representatives of plaintiff on 2...
Tag this Judgment!Brijesh Kumar Sharma Vs. Ramprakash Kulshrestha
Court: Madhya Pradesh
Decided on: Feb-27-2007
Reported in: III(2007)BC706; 2007(2)MPLJ605
ORDERB.M. Gupta, J.1. The instant petition has been filed by the petitioner impugning the order dated 4.12.2006 passed by Session Judge, Morena in Criminal Appeal No. 183/06. Vide impugned order the learned Judge, while considering an application under Section 389 of Cr.P.C. filed on behalf of the petitioner for suspension of the sentence awarded by the Court below, has observed that only sentence of imprisonment can be suspended by him and not the fine imposed by the Court below and directed that amount of fine of Rs. 1,35,000/- is to be deposited by the petitioner. It is further directed by him that the jail sentence of imprisonment imposed on the petitioner shall remain suspended on his furnishing his personal bond of Rs. 5,000/-along with surety for the condition that he will remain present in the Appellate Court during the hearing of the appeal. Imposing the condition of depositing the amount has been assailed by this petition on behalf of the petitioner.2. It is submitted by Mr. ...
Tag this Judgment!Preston College and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-27-2007
Reported in: AIR2008MP99
Deepak Verma, J.1. This common order shall govern disposal of aforesaid petitions, pertaining to identical question of law, and heard analogously.2. Essentially the question involved, in all the three matters, is with regard to constitutionality of the policy of reservation in admission to Bachelor of Education (hereinafter referred to as 'B.Ed.') course to the extent of 75% seats for residents of Madhya Pradesh (hereinafter referred to as 'MP'}, and 25% seats for the candidates coming from outside MP with a total restriction on conversion in favour of students not residing in MP. The constitutional validity of the corresponding norm/guidelines incorporated as Rule 1.5.1(a) of Rules of Admission to B.Ed. Course, 2006 (hereinafter referred to as 'Rules'), is under challenge.3. English transcription of the Rule, is reproduced hereinbelow:1.5.1 (a). 75% of the total seats in B.Ed, course shall be for students residing in Madhya Pradesh. Remaining 25% of the seats would be for students, wh...
Tag this Judgment!Lallu Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-26-2007
Reported in: 2007(2)MPHT261; 2007(2)MPLJ283
ORDERA.K. Gohil, J.1. Petitioner has filed this pro bono publico petition under Article 226/227 of the Constitution of India stating therein that the petitioner is an agriculturist of Village Dihayala, Tehsil Narwar, District Shivpuri. He is also sugarcane grower and supplying the sugarcane to the sugar factories. In the petition, it is alleged that around 10,000 acres of land was reserved for growing sugarcane in Tehsil Karera and Tehsil Narwar. Crop of sugarcane is ready but now the sugar factory, respondent No. 12 for whom the area is reserved is not purchasing the sugarcane and because of the reservation and ban imposed by the Cane Commissioner, Madhya Pradesh, Bhopal, the farmers are not in a position to sell their produce of sugarcane to any other factory or to any other purchaser except to the Gwalior Sugar Company Limited, Dabra (respondent No. 12). Copy of letter dated 8th December, 2006 issued by the Gwalior Sugar Company Limited, Dabra was placed on record as Annexure P-1, i...
Tag this Judgment!Smt. Rajantabai S. Parihar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-23-2007
Reported in: 2007CriLJ2495; II(2007)DMC479
1. The appellant has challenged the impugned judgment of conviction under Section 302 of the Indian Penal Code and sentence of imprisonment for life passed by the learned Sessions Judge, Dewas in Sessions Trial No. 217/97 by judgment dated 31-3-1998.2. In short, the prosecution case as narrated before the trial Court is that the de-ceased-Ashabai was married to P.W. 1 Bharat, step son of appellant in the year 1993. For one year after the marriage the appellant behaved properly with the deceased and thereafter used to quarrel and abuse her filthily and also to beat her. Whenever deceased-Ashabai was visiting the house of her parents, she was disclosing all these facts to her mother. Before her death, the deceased lived for 17 days with her mother and returned back to her husband's house on persuation by P.W. 3 mother Shakuntala on the eve of MATA POOJAN festival. The appellant is the step mother-in-law of the deceased. On the date of incident (10-10-1997) in the morning at about 7.30 a....
Tag this Judgment!Shailja Timoti and anr. Vs. Sabhan Khan and ors.
Court: Madhya Pradesh
Decided on: Feb-23-2007
Reported in: 2008ACJ2221
Dipak Misra, J.1. Mid of June 1999 was a period of intensified embitterment, total despondency and gloominess for the claimants-appellants which has further deepened and worsened, for the initial lamentation instead of paving the path of alleviation and attenuation, as it seems, has led to further distress, misfortune, mishap and tribulation. The claimant-appellant, Shailja Timoti, could never had dreamt that the exhilaration and jollity which have a base on vivacious animation of youth, the life and soul of life, would melt into a complete disaster annihilating the mirth in entirety, for on 16.6.1999 while she was travelling on a Luna to the house of teacher to be tutored at Chhindwara from her village Loniakarbal, a lorry bearing registration No. MP 28-B 0324 being rashly and negligently driven by the driver, the respondent No. 1 herein, dashed against her vehicle as a consequence of which, she sustained grievous injuries on the head and various parts of the body and she became uncon...
Tag this Judgment!Ram Das Vs. Mahesh Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2007
Reported in: 2007(2)MPHT266
P.K. Jaiswal, J.1. This second appeal is filed by the defendant No. 1 against the judgment and decree dated 11-3-1998 passed by Third Additional District Judge Bhind in Civil Appeal No. 2-A/97, whereby learned Additional District Judge affirmed the judgment and decree of the Trial Court dated 7-1995 passed by the Civil Judge Class I Lahar in Civil Suit No. 27-A/93 by which suit of the respondent No. 1 was decreed.2. Brief facts of the case are that the agriculture land of Survey No. 16 area 0.888 hectare, Survey No. 263 area 0.063 hectare and survey No. 429 area 0.261 hectare, situated in Village Asokhar, Tehsil Mehgaon, District Bhind was owned and possessed by Ramdin s/o Bhavsingh who died issueless on 29-5-1982. Ramdin Singh during his life time executed a will dated 24-5-1982 (Exh. P-1) in favour of the respondent No. 1 Mahesh Singh. The Will was got registered thereafter on 3-6-1982 before the Sub Registrar, Mehgaon. The respondent No. 1 filed a suit for declaration of title and p...
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