Madhya Pradesh Court May 2007 Judgments
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Ramesh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-15-2007
Reported in: 2007(3)MPHT181
Sushma Shrivastava, J.1. Feeling aggrieved by the order of conviction and sentence passed by Sessions Judge, Sagar, in S.T. No. 57/96, decided on 4-10-96, appellant has preferred this appeal.2. Appellant has been convicted under Section 302 of IPC for committing murder of Ku. Shradha Koshti and sentenced to imprisonment for life with fine of Rs. 1,000/- in default, imprisonment for one month by the impugned judgment.3. According to prosecution, on 28-10-1995, at about 6 O'clock in the evening, at Vivekanand Ward, District Sagar, when deceased Shradha Koshti (hereinafter to be referred as 'deceased') was sitting at the house of her maternal aunt Munnibai with her back towards the door of the house, appellant Ramesh came there with a knife and gave two knife blows on her back with intent to kill her and fled away. Shradha Koshti was taken to the Police Station, Moti Nagar in injured condition, where she lodged the FIR. She was then sent to the hospital for treatment, where she succumbed ...
Kandhi Lal Vs. Abhilash Kumar
Court: Madhya Pradesh
Decided on: May-15-2007
Reported in: 2007(4)MPHT199; 2008(1)MPLJ146
Abhay M. Naik, J.1. This appeal has been heard on the following substantial questions of law:(1) Whether in absence of specifying the period of default of the payment of rent in demand notice Exh. P-4 the suit has been rightly decreed by the Courts below under ground under Section 12 (1) (a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to the Act)?(2) Whether in absence of any attornment by the defendant/ appellant to the plaintiff the Courts below rightly decreed the suit under the ground envisaged under Section 12 (1) (c) of the Act?(3) Whether the plaintiff who became co-owner alongwith Tara Chand may alone file suit for eviction against the defendant/ appellant?'2. Short facts involved in the appeal that the defendant is a tenant on rent @ Rs. 15 per month in the suit premises situated at Ghamapur Chowk, Jabalpur. The property comprising the suit shop was purchased by the plaintiff from Kunwarji Sonkar vide registered sale deed dated 6-6-1983. Defendant was ind...
Pooran Singh Pallaiya Vs. Lok Ayukta and ors.
Court: Madhya Pradesh
Decided on: May-15-2007
Reported in: AIR2007MP247; 2007(1)MPLJ256
Abhay Gohil, J.1. This appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 is directed against the judgment/order dated 14-11-2006 passed by Writ Court in Writ Petition No. 5649/ 2005.2. The moot question for consideration in this appeal before us is whether in Ex-Mayor of Gwalior Municipal Corporation and Ex-Councillors of the Municipal Corporation come within the purview of the definition of 'public servant' as defined under Section 2(g) of Madhya Pradesh Lokyukt Evam Up-Lokayukt Adhiniyam, 1981 (for brevity as 'Adhiniyam of 1981', which reads as under:2(g). 'Public Servant' means a person falling under any of the following categories, namely:(i) to (iv) ....(v) Any person holding any office in, or any employee of-(i)(ii) a Corporation or 'local authority established by State Government under a Central or State enactment.3. The brief facts leading to the controversy involved in the case are that the appellant No. 1 was elected as M...
Ranjeet Singh Talwar and anr. Vs. State Bank of India and anr.
Court: Madhya Pradesh
Decided on: May-14-2007
Reported in: 2007(4)MPHT296
ORDERAbhay M. Naik, J.1. This petition has been preferred for quashment of the order dated 11 -4-2005 Annexure P-1, passed by the office of Banking Ombudsman.2. Short facts relevant for the purpose of the petition are that the petitioner No. 1 is a sole proprietor of M/s. Raghbir Singh & Sons. He availed an overdraft facility from the State Bank of India to the extent of Rs. 6 lacs against one FDR of Rs. 4 lacs and 2 FDS of Rs. 1 lac each. The FDRs were pledged with the bank to secure the overdraft limit. Maturity value of FDR was Rs. 6,71,620/-(against FDR of Rs. 4 lacs) and Rs. 1,67,905/- (against each FDR of Rs. 1 lac). Maturity date of FDR was 3-1-2005. Petitioner No. 1 on 24-11-2004 received an information from the Bank that the facility of overdraft limit was reduced to Rs. 2.60 lacs from Rs. 6 lacs. In turn, the petitioners informed vide Annexure P-2, dated 24-11-2004 that the overdraft limit of Rs. 6 lacs was granted against the FDRs worth Rs. 6 lacs. Petitioner No. 1 expressed...
Rakhav Lal Vs. Sardar Kirpal Singh
Court: Madhya Pradesh
Decided on: May-14-2007
Reported in: 2007(4)MPHT339; 2008(1)MPLJ278
Abhay M. Naik, J.1. Short facts relevant for the purpose of this appeal are that the plaintiff/appellant instituted a suit for eviction and recovery of arrears of rent against the defendant/respondent, mainly, with the allegation that the defendant/respondent is a tenant in a non-residential premises belonging to the plaintiff/appellant on a monthly rent @ Rs. 190/- under an oral tenancy. Plaintiff/appellant was earlier engaged in the business of animal feed which has been handed over by him to his two major sons. Sons of the plaintiff/appellant closed the business of animal feed and started their business of ready-made garments in the premises, earlier occupied for the business of animal feed. Besides it, a small godown has been got vacated from a tenant, namely, Mohan Singh, which is being used by the plaintiffs sons for storing their stock of ready-made garments. It has been pleaded in the plaint that the plaintiff/appellant is carrying on the business of money-lending. However, he ...
Kamla Dhurve and anr. Vs. Satya Prakash and ors.
Court: Madhya Pradesh
Decided on: May-14-2007
Reported in: 2009ACJ349
Arun Mishra, J.1. This appeal has been preferred by the parents for enhancement of compensation on account of death of Bhumika aged 26 years. She was an Assistant Professor. She met with an accident on 8.8.2005 caused by truck No. MBD 8437 driven by Satya Prakash, owned by one Bhikam Singh and insured with Oriental Insurance Co. Ltd. A report was lodged and offence was registered against the driver under Sections 279, 337, 338 and 304-A of the Indian Penal Code. Salary of the deceased was Rs. 12,500 per month. Total compensation of Rs. 65,50,000 was claimed.2. The owner and driver in the written statement denied the averments made in the claim petition. Involvement of the truck in question was denied. False report was lodged against the driver. Vehicle was insured. The driver was holding valid and effective driving licence.3. The insurer in the written statement contended that the driver was not holding valid and effective driving licence, as such denied its liability to make payment o...
State of Madhya Pradesh and ors. Vs. Ashok Kumar Tripathi and anr.
Court: Madhya Pradesh
Decided on: May-14-2007
Reported in: AIR2008MP187
Dipak Misra, J.1. Regard being had to the similarity pertaining to the question of law involved in both these appeals, they were heard analogously and are disposed of by this common order. Be it noted that the pregnability of the order dated 19-5-2005 passed by the learned single Judge in W.P. 853 of 2005 has been challenged by the State of M.P. and its functionaries in Writ Appeal No. 1364 of 2006 and the defensibility of the said order is assailed by the appellant in W.A. No. 658 of 2006 who had filed an application for intervention in the writ petition.2. The facts which are required to be exposited are that district Shahdol was constituted of many a Tahsil. On 15-8-2003, it was re-organized and two separate districts, namely Shahdol and Anuppur were constituted. District Anuppur by virtue of re-organization comprises of four Tahsils, namely Anuppur, Pushparajgarh, Jaithari and Kotma. These four Tahsils were declared as Scheduled Areas under the provisions of Scheduled Area (State o...
Cit Vs. Deepak Kumar Garg
Court: Madhya Pradesh
Decided on: May-11-2007
Reported in: [2008]299ITR435(MP); 2007(2)MPLJ477
S.K. Seth, J.1. This order shall also govern the disposal of connected IT Appeal No. 64 of 2006 and IT Appeal No. 52 of 2006 as all of them are directed against the composite and common order passed by the Tribunal involve common question of law between the revenue and the assessee pertaining to assessment years 1994-95, 1995-96 and 1999-2000. In all these appeals following question of law was formulated at the time of admission:Whether the Tribunal erred in law in setting aside the order Annex. P/3 passed by the Commissioner under Section 263 by its order Annex. P/2 on the ground that the order of the assessing officer was not erroneous or prejudicial to the interest of the revenue ?2. For the sake of convenience, facts, which lie in narrow compass, have been taken from above appeal which pertains to the assessment year 1999-2000. Assessee is in the business of purchase of agricultural land and sale of developed residential plot. For assessment year assessee filed the return showing R...
Union of India (Uoi) and ors. Vs. Rajesh Sharma and ors.
Court: Madhya Pradesh
Decided on: May-11-2007
Reported in: [2007(115)FLR337]
Sanjay Yadav, J.1. The decision rendered in this writ petition shall govern the disposal of W.P. (S) No. 180/2006, as the parties submit that issues involved in these writ petitions is common and be disposed of by common order.2. The Union of India, through Secretary, Ministry of Telecommunication and other functionaries being aggrieved of the order passed by Central Administrative Tribunal, Jabalpur (hereinafter shall be referred as Tribunal) in OA 633/2001 has preferred the present writ petitions invoking supervisory jurisdiction under Article 227 of the Constitution of India. The Tribunal vide impugned order dated 18.10.2005 has directed the reinstatement with all consequential benefits by setting aside order of termination on the ground that the principle of natural justice was not followed.3. The relevant facts leading to the lis mentioned above are that the respondent in pursuant to an advertisement issued by the petitioner department was appointed as Extra Departmental Delivery ...
Ratiram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-10-2007
Reported in: 2007CriLJ3955
Abhay Gohil, J.1. In Sessions Trial No. 67/96 the four persons were tried for the offences under Sections 294, 307, 341, 323/34, 302 and 302/34. Fourth Additional Sessions Judge, Gwalior vide judgment dated 21-9-1999 acquitted the three accused persons and convicted appellant Ratirarn for the offence under Section 302 of IPC and sentenced him to life imprisonment and fine of Rs. 2,000/-, in default of payment of fine further one year rigorous imprisonment. Being aggrieved with the aforesaid judgment, the appellant has preferred this appeal.2. According to the prosecution story, on 26-9-1995 at about 10-11 a.m. in the morning at village Bhelakala under Thana Bijoli District Gwalior one Tularam was construcing platform (Chabutara). At that time Gaya Prasad s/o Maniram came and stopped him and said that the land on which he is constructing platform belongs to him. On this, there was a quarrel between Gaya Prasad and Tularam. Layakram came on spot and tried to pacify the matter. After one ...
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