Madhya Pradesh Court April 2007 Judgments
Sheikhlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-30-2007
Reported in: 2007(3)MPHT250
U.C. Maheshwari, J.1. This appeal is directed being aggrieved by the judgment dated 31-1-07 passed by the Special Judge, Mandla (constituted under the NDPS Act, in short 'the Act') in Special Case No. 18/06 convicting and sentencing the appellant under Section 8 read with Section 20(b)(ii)(b) of the NDPS Act, 1985, for three years' RI with fine of Rs. 2000. In default of it, further nine months' RI has been awarded.2. According to the case of the prosecution on dated 5-9-06 Madan Shrivastava, ASI Police posted at Police out post Anjaniya P.S. Bamhani received an information from the approver that the appellant having possession of 'Ganja' is going to sell the same towards the Magada culverts. After recording such information in the Rojanamchasanha he called the independent witnesses and their presence prepared the Panchanama of such information and also recorded the reasons for not obtaining the search warrant as there was possibility to escape the appellant with the substance. Subsequ...
Tag this Judgment!Abde Ali Vs. HakumuddIn and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2007
Reported in: 2007(3)MPHT316
N.K. Mody, J.1. Being aggrieved by the judgment and decree dated 18-4-2000 passed by ADJ, Indore in Civil Regular Appeal No. 14/99 whereby the judgment and decree dated 18-4-2000 passed by VI Civil Judge Class II, Indore in Civil Suit No. 366-A/96 was set aside, the present appeal has been filed which has been admitted for final hearing on 22-1-2001 on the following substantial question of law:Whether the First Appellate Court has committed a patent illegality in reversing the judgment and decree passed by the Trial Court on the ground of not asking for any declaration in the suit?2. Short facts of the case are that appellant filed a suit for redemption of mortgage and possession on 11-3-87 against the respondents alleging that suit property bearing House No. 20/4 situated at Ushaganj, Indore was of the ownership of Mulla Ibrahim Bhai, whose L.Rs. are respondent Nos. 6 and 7. It was alleged that suit property has been purchased by the appellant from Mulla Ibrahim vide registered sale d...
Tag this Judgment!Gulabbai and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-30-2007
Reported in: 2007(3)MPHT240
U.C. Maheshwari, J.1. This appeal is directed being aggrieved by the judgment dated 24-11-1992 passed by First Additional Sessions Judge, Sehore in S.T. No. 182/91 convicting and sentencing the appellants under Section 306 of IPC for which each one has been directed to under go for five years RI with fine of Rs. 2,000/-, in default of its further six months' RI has been awarded.2. The facts giving rise to this appeal in short are that the deceased Sauram Bai was married in the form of Natra with Babulal, the son of the appellant No. 1 and the brother of appellant No. 2 before nine-ten months from the date of the incident. On 16-3-1991, her head body was found in the well of family field at Village Bhawra. On receiving such information from Dilip Singh a merg intimation was registered at Police Station, Astha. On carrying out its inquiry it was revealed that she committed suicide on account of giving abatement by the appellants as the day before the recovery of her dead body some quarre...
Tag this Judgment!Devendra Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-30-2007
Reported in: 2007(3)MPHT247; 2007(4)MPLJ447
ORDERSushma Shrivastava, J.1. Applicant has preferred this revision against the order dated 17-1-2006 passed by IIIrd Additional Sessions Judge, Khandwa (Fast Track Court) in S.T. No. 116/2005, whereby charges under Sections 306 and 506 (Part II) have been framed against the applicant. Applicant, however, has mainly challenged the charge framed against him under Section 306 of IPC.2. Deceased Suresh committed suicide on 27-1-2005 at Village Ahmadpur, Khaigaon, District Khandwa leaving behind a suicide note indicating that the applicant was constantly harassing the deceased by giving threats to his life for last one month prior to the incident in order to recover the amount lent to him. On the basis of merg enquiry, an offence was registered against the applicant and was investigated and applicant was prosecuted under. Section 306 of IPC. On case being committed to the Court of Sessions, applicant was charged under Sections 306 and 506B of IPC by the impugned order, which has been chall...
Tag this Judgment!Sheikh Mohd. Anis Vs. Smt. Shabana Khan
Court: Madhya Pradesh
Decided on: Apr-30-2007
Reported in: II(2007)DMC392; 2007(3)MPHT368
ORDERN.K. Mody, J. 1. Being aggrieved by the judgment and decree dated 11-10-2005 passed by IADJ, Dhar in Case No. 3-A/03 whereby the suit filed by the appellant for realisation of Rs. 1,50,000/- was dismissed, the present appeal has been filed.2. Short facts of the case are that appellant and respondent are husband and wife. In the suit filed by the appellant, it was alleged that appellant was married with the respondent on 12-11 -94. The behaviour of the respondent was not cordial with the appellant as according to the appellant, she was involved in love with someone else and marriage took place against her wishes. It was further alleged that respondent requested the appellant to give divorce. It was also alleged that request was made by the respondent repeatedly and frequently and it was also offered that if the appellant agrees to give divorce to the respondent, then the respondent shall not claim Rs. 11,786/- as amount of Mehar, on the contrary, she will pay a sum of Rs. 50,000/- ...
Tag this Judgment!Dhirajsingh Vs. Sardarsingh and anr.
Court: Madhya Pradesh
Decided on: Apr-28-2007
Reported in: I(2008)BC40; 2007(4)MPHT362
ORDERS.L. Kochar, J. 1. This is an application filed under Section 482 of the Code of Criminal Procedure seeking quashment of the order dated 10-1-2006 passed by the learned Judicial Magistrate First Class, Sawer in Criminal Complaint No. 757/2004.2. Learned Counsel for the applicant at the out set does not wish to press this Misc. Criminal Case. Prayer of the learned Counsel for the applicant is allowed. However, looking to the substantial question of law involved in this case, this Court feels it just and proper to decide the pure question of law viz., Whether under Section 138 (Proviso - c) of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') it is necessary for the payee or the holder in due course of the cheque is required to mention the period of 15 days for payment of the cheque amount to the drawer in a statutory notice required to be sent by the payee or holder of the cheque as per provision under Section 138 Proviso (b) To resolve the controversy it woul...
Tag this Judgment!Ku. Priyanka and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-27-2007
Reported in: AIR2007MP182; 2007(3)MPLJ325
ORDERA.K. Patnaik, C.J.1. In this batch of writ petitions, we are called upon to decide the fees payable by students admitted to free seats in MBBS and BDS courses in private Medical and Dental Colleges in the State of Madhya Pradesh during the academic year 2003-2004.2. The relevant facts briefly are that the Professional Examination Board set up by the Government of Madhya Pradesh conducted the Common Entrance Examination, known as 'PMT 2003', for admissions to the MBBS and BDS courses in Private Medical and Dental Colleges in the State of Madhya Pradesh for the academic year 2003-2004. The Government of Madhya Pradesh in the Medical Education Department issued orders on 3-7-2003 fixing the fees for free seats, payment seats and NRI seats in private Medical and Dental Colleges in MBBS and BDS courses at Rs. 38,500/-, Rs. 1,65,000/- and $ 12,000 respectively. Accordingly, call letters were issued to the students for counselling mentioning fees for admission to free seats in MBBS and B...
Tag this Judgment!Sant Kumar Vs. Ashok Kumar and ors.
Court: Madhya Pradesh
Decided on: Apr-27-2007
Reported in: 2007(3)MPHT121; 2007(2)MPLJ472
S.K. Gangele, J.1. Plaintiff filed this appeal against the judgment and decree passed in Civil Appeal No. 51-A of 1994 reversing the judgment and decree passed in Civil Suit No. 94-A of 1979, dated 11-3-1980. The appeal was admitted for hearing on 23-7-1999 on the following substantial questions of law:(1) Whether appeal of sub-tenant against a decree for eviction against the tenant is maintainable ?(2) Whether the Lower Appellate Court was justified in reversing well reasoned findings about the bona fide need of the appellant ?2. The plaintiff appellant filed a suit for eviction initially against the defendant Ashok Kumar. He pleaded that the defendant had taken the suit premises which was a hall on monthly rent of Rs. 200/- on 1-6-1975 and another land admeasuring 7 feet x 18 feet was rented out to the plaintiff on 10-4-1973 granted by the Municipal Council to the plaintiff on monthly rent of Rs. 15/-. The defendant had been using the aforesaid land also. Hereinafter called the suit ...
Tag this Judgment!M.K.S. Engineering Co. (P) Ltd. and anr. Vs. the Assistant Commissione ...
Court: Madhya Pradesh
Decided on: Apr-27-2007
Reported in: 2007(3)MPHT256; (2009)20VST485(MP)
ORDERDipak Misra, J.1. As common question of law emerges in these two writ appeals, they were heard analogously and are disposed of by this singular order. For the sake of clarity and convenience the facts exposited in W.A. No. 542/2006 are adumbrated herein.2. The appellants-petitioners invoked the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for quashment of the circular dated 30-10-2004 issued by the Commissioner, Commercial Tax. Along with the aforesaid prayer many other ancillary alternative prayers were made. It was put forth in the writ petition that the petitioner No. 1, company is engaged in construction of roads and the petitioner No. 2 is a shareholder of the company. The assessment for the period 1-4-2001 to 31-3-2002 was completed by the Assistant Commissioner, Commercial Tax, Jabalpur on 29-1-2005 and tax amounting to Rs. 11,57,017/- was demanded. In the assessment order the respondent No. 1 had denied the claim of set ...
Tag this Judgment!Shri Swami Devi Prasad Pandey and Ramawtar Chaurasiya Vs. State of M.P ...
Court: Madhya Pradesh
Decided on: Apr-27-2007
Reported in: 2007(3)MPHT262
ORDERA.K. Patnaik, C.J.1. Both these writ petitions relate to Maa Sharda Devi Mandir at Maihar in District Satna in the State of Madhya Pradesh.2. The State Legislature has enacted The Madhya Pradesh Maa Sharda Devi Mandir Adhiniyam, 2002 (for short 'the Adhiniyam'), which has admittedly come into effect by a notification issued by the State Government under Sub-section (2) of Section 1 of the Adhiniyam. Section 4 of the Adhiniyam provides that notwithstanding anything contained in any decree or order of any Court or any custom or usage or contract, sanad, instrument, deed or property, engagement to the contrary, the ownership of the Mandir and all the endowments which have been or may after the enactment of the Adhiniyam be made for the benefit of the Mandir in the name of any person whatsoever or for the convenience, comfort or benefit of the pilgrims visiting the Mandir and all offerings including Chadotri shall vest in the deity of Maa Sharda Devi. Section 5(1) of the Adhiniyam pro...
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