Madhya Pradesh Court January 2008 Judgments
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Sagar Machhua Sahakari Samiti Vs. Chief Executive Officer, Janpad Panc ...
Court: Madhya Pradesh
Decided on: Jan-11-2008
Reported in: 2008(1)MPHT254
ORDERDipak Misra, J.1. Perceiving two sets of opinions one rendered in Ramlakhan Rawat v. State of M.P. and Ors. 2000 (2) MPLJ 176 and S.K. Shrivastava v. Collector (Mining), Bhind, 2001 (2) Vidhi Bhaswar 103, laying down the law that appeal or revision does not lie against a resolution passed by the Gram Panchayat and the other in Hem Lata v. State of M.P. 1997 (2) Vidhi Bhaswar 113 and Om Prakash Verma v. State of M.P. 2001(2) Vidhi Bhaswar 30, enunciating the principle that against the resolution of the Panchayat the remedy available is revision, the learned Single Judge thought it appropriate to refer the matter to a Larger Bench and framed two questions of law which are reproduced below:(1) Whether a resolution passed by the Panchayat or its Standing Committee is revisable?(2) Whether the law laid down in Hem Lata and Om Prakash or in Ram Lakhan and Sanjay Kumar Shrivastava decides the correct interpretation of Section 91 of the Act?2. It is worth noting that a reference has been ...
Yashwant Vs. SachIn and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2008
Reported in: 2008(2)MPHT135
ORDERS.C. Vyas, J.1. Petitioner has challenged the order dated 29-6-2007 passed in Criminal Case No. 466/07 by Sub Divisional Magistrate, Indore, appointing the receiver in respect of a disputed property, which is a Church, known as 'Masih Mandir' situated at 61, Shradhanand Marg, Indore. A criminal revision was also filed by the petitioner before 9th ASJ, bearing Cr. R. No. 573/07, which was dismissed by that Court on 11-7-2007, confirming the order passed by learned Sub Divisional Magistrate with certain modifications.2. Learned Counsel for the petitioner, Sr. Advocate Shri Jai Singh assisted by Shri A.S. Rathore, Advocate submitted that the disputed property is a Church known as 'Masih Mandir' and was constructed by Presbyterian Church in the year 1926. The Presbyterian Society was constituted in the year 1885 and the then Governor General, Central India allotted a piece of land to this society for the purpose of construction of a Church and with the help of donations given by membe...
Yogesh Ganore, Son of Late Shri Tulsiram Ganore Vs. State of Madhya Pr ...
Court: Madhya Pradesh
Decided on: Jan-10-2008
Reported in: 2008(1)MPHT352
ORDERA.K. Saxena, J.1. This is an application under Section 439 read with Section 439(1)(b) of the Code of the Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for regular bail in connection with M.J.C. No. 02/07 of the Court of Chief Judicial Magistrate, Jabalpur and crime no. 546/06 of the Police Station Ranjhi, Jabalpur. 2. According to the facts of the case, the prosecutrix lodged the FIR in the Police Station Ranjhi, Jabalpur and the Crime No. 546/06 was registered under Section 376 of the Indian Penal Code against the applicant, but during investigation, the police found that no case is made out against the applicant and, therefore, a 'Khatma' report was submitted by the concerned Police Station. The Chief Judicial Magistrate issued the notice to the prosecutrix on this 'Khatma' report and thereafter, the statements of the prosecutrix and her witnesses were recorded and then the Court took the cognizance against the applicant. Thereafter, the non-bailable warrant ...
Lakhan Lal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-10-2008
Reported in: 2008CriLJ1191
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 6-8-1997 passed by learned Ist Additional Sessions Judge, Tikamgarh in S.T. No. 63/94 convicting the appellant under Sections 302, 201 and 498A of I.P.C. and sentencing him to suffer life imprisonment, 3 years RI respectively, the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.2. In brief the prosecution's case is that Savitri Bai (hereinafter referred to as deceased) is the wife of appellant. Their marriage took place in the year 1987. The behaviour of appellant was cordial with the deceased up to 3-4 years of the marriage, but, thereafter appellant started ill-treating the deceased and was causing Maarpeet as well as taunting on her. It is also the case of the prosecution that appellant was making a demand of Rs. 5,000/-, watch, radio, cycle etc.3. In between the night of 28-29/3/94 appellant caused Marpeet to the deceased. It is the fur...
Rakesh Kumar Sharma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-10-2008
Reported in: 2008(2)MPHT472
ORDERS.K. Gangele, J.1. Petitioner has filed this petition challenging the order, Annexure P-1, dated 3-6-2006. By the aforesaid order absorption of the petitioner on the post of Principal, Government Higher Secondary School (10 + 2) has been cancelled.2. Petitioner was appointed initially as Principal, Maharishi Ram Sumeran Das Higher Secondary School, Sahasram, District Sheopur vide order dated 15-6-1990. At that time the school was a private school. Copy of the order of appointment has been filed as Annexure P-2. It is mentioned in the order of appointment that the petitioner would obtain a degree in M.A. and also degree in B.Ed. within five years. Thereafter, the petitioner obtained a degree in M.A. in the year of 1993 and degree in B.Ed. in the year of 1994. The school was taken over by the Government on 17-9-1997. Thereafter, the petitioner was absorbed on the post of Principal vide order dated 26-12-1998, Copy of the order has been filed as Annexure P-3. Subsequently, some compl...
Premnarayan Vs. Kailashchandra and anr.
Court: Madhya Pradesh
Decided on: Jan-10-2008
Reported in: III(2008)BC658
N.K. Mody, J.1. Being aggrieved by judgment and decree dated 29.9.2006 passed by Additional District Judge, Sonkatch, District Dewas whereby the suit filed by the respondent was decreed and the appellant was directed to pay a sum of Rs. 40,000/- along with interest @ 6% per. annum with effect from 1.8.2002, the present appeal has been filed.2. Short facts of the case are that the respondent filed a suit for realization of Rs. 68,500/- on 19.7.2005 alleging that appellant and respondent are doing the business of Cutlery in Hat Bazar. Respondent gave a sum of Rs. 40,000/- to the appellant on 1.8.2002, which was payable along with interest @ 2% per month. It was alleged that appellant executed a promissory note in favour of respondent in presence of Jeevan Singh and Kama. It was alleged that since the loan amount was not paid by the appellant hence the sister of the respondent went to the house of the appellant in the year 2004 for demand, at that time appellant quarrelled with the sister...
Ganesh Dutt Pandey Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2008
Reported in: 2008(1)MPHT282
ORDERR.S. Jha, J.1. The petitioner has filed this petition challenging the constitutionality of the amendment made by the respondent No. 2 vide order dated 3-6-2002 in Rule 72(1) of the Bank Karmachari Sewa (Niyojan, Nibandhan Tatha Unki Karya Stithi) Niyam, 1982, whereby the age of the superannuation of the petitioner has been reduced from 60 years to 58 years. The petitioner has also sought quashing of order dated 18-7-2006 issued by respondent Nos. 3 and 4 by which the petitioner has been superannuated with effect from 10-10-2006 on completing the age of 58 years. The petitioner has also claimed relief of a direction to the respondents to continue him in service till the age of 60 years.2. The petitioner has challenged the legal validity of the Rules on the ground that the Rules have been made and notified without complying with the mandatory condition prescribed under Section 95(3) of the M.P. Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act') which provides th...
Jagram Manjhi Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2008
Reported in: 2008(1)MPHT390
ORDERDipak Misra, J.1. The singular and seminal question that emanates for consideration in the writ petition preferred under Article 226 of the Constitution of India is whether the petitioner, a student of Post Graduate Course in Diploma in Paediatrics in Gandhi Medical College, Bhopal is entitled to get himself transferred to G.R. Medical College, Gwalior on the foundation that he and one Dr. Rameshwar Patel had sought mutual transfer.2. Sans unnecessary details the facts which are imperative to be exposited are that the petitioner was allotted a seat at Bhopal in the course mentioned hereinabove in the counselling held on 26-5-2007 and thereafter submitted an application for mutual transfer inasmuch as one Dr. Rameshwar Patel who was allotted a seat in G.R. Medical College, Gwalior wanted to go to Bhopal. As the said application was not deait with the petitioner preferred a Writ Petition No. 3628/2007, wherein this Court directed the respondents therein to decide the representation ...
Mahesh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-09-2008
Reported in: 2008(3)MPHT47
ORDERR.C. Mishra, J.1. Arguments heard.2. This is an application, under Section 482 of the Code of Criminal Procedure (for short 'the Code'). The applicants are aggrieved by the order dated 19-5-2007 passed by 1st ASJ, Katni in Cr. Revision No. 70/07 affirming the order dated 28-4-2007 passed by CJM, Katni in Cr. Case No. 1414/07 whereby their application for compulsive release on bail under proviso to Sub-section (2) of Section 167 of the Code (hereinafter referred to as 'the Proviso') was rejected.3. The applicants were arrested on 22-1-2007 in connection with Crime No. 29/07 registered at P.S. Kuthla Distt. Katni in respect of the offences punishable under Sections 395 of the IPC and 30(iii) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The corresponding trial is pending as S.T. No. 79/07 in the Court of End ASJ, Katni. On 23-1-2007 they were first produced before the Trial Magistrate who authorised their detention in the police custody till 31-1-2007 and ...
State of M.P. Vs. Raghuveer Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2008
Reported in: 2008CriLJ2150
Abhay Gohil, J.1. This is State Appeal against the judgment of acquittal dated 30-9-1997 for the offences under Sections 147/302 and 149/302 passed by First Additional Sessions Judge, Guna in S.T. No. 358/96.2. As per prosecution story on 2-9-1996 in the morning deceased Mathuralal was going along with his son Hardayal from his village to Guna. They had to get the bus at village Bhonra at about 7 a.m. When they both reached near culvert of river at village Bhonra; Sitaram, who was carrying Farsi in his hand, Dataram, who was carrying iron object; Raghuveer, Jagdish and Pappu carrying lathis, Pothi, Radhyashyam and Giriraj carrying stones in their hands and Santosh, who was bare handed, came to them and said that; 'Aaj In Bap-Bete Ki Peshi Kara Do'. Seeing them Hardayal ran way from the spot and Mathuralal, who was an old aged person, could not run away. Santosh caught-hold the hand of Mathuralal, thereafter Sitaram gave Farsi blow on his head, which was obstructed by Mathuralal. On acc...
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