Madhya Pradesh Court November 2008 Judgments
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Vivek Aggarwal and ors. Vs. Premchand Guddu
Court: Madhya Pradesh
Decided on: Nov-18-2008
Reported in: 2009(1)MPHT251
ORDERRakesh Saksena, J.1. Applicants have filed this revision against the order dated 30-4-2008 passed by the Special Judge (Prevention of Corruption Act), Bhopal, in MJC No. 45/2008, under Section 156(3) of the Code of Criminal Procedure directing the Inspector General, Special Police Establishment, Lokayukt, Bhopal to investigate the matters alleged in the complaint filed by the respondent/complainant and to proceed under the provisions of Chapter XII of the Code of Criminal Procedure.2. The facts of the case, in short, are that, applicant No. 1-Vivek Aggarwal, an IAS Officer belonging to the Madhya Pradesh Cadre, was posted as Collector at Indore. Applicant No. 2-Smt. Sapna Aggarwal is his wife. Complainant Premchand Guddu, who is a Member of the Legislative Assembly, filed a complaint against the applicants in the Court of Special Judge (Prevention of Corruption Act), Bhopal making allegations of corruption in high places of administration attracting the penal provisions of Section...
Ramroop Rathore Vs. Rajkumari
Court: Madhya Pradesh
Decided on: Nov-18-2008
Reported in: AIR2009MP82
A.P. Shrivastava, J.1. Appellant who is the husband of the respondent filed this appeal under Section 19 of the Family Courts Act, 1984, against the impugned judgment and decree dated 14-12-2000 passed by the VIIth Additional District Judge in Civil Suit No. 218A/99 HMA by which the petition under Section 13 of the Hindu Marriage Act filed by the appellant has been dismissed.2. It Is not in dispute that the marriage of the appellant with the respondent took place on 11-7-1994.3. The appellant filed a petition for dissolution of marriage on the ground that after eight days of the marriage, the respondent left the house of the appellant. On 3-9-1999, appellant along with father-in-law and relatives went to take her back from his in-laws house. But the respondent refused to come with him as she did not like the appellant. Appellant also got information that the respondent is having illicit relationship with other man and also having a child of one year old. Appellant filed the petition fo...
Jaswant Singh Vs. Chief Election Commission and ors.
Court: Madhya Pradesh
Decided on: Nov-18-2008
Reported in: AIR2009MP104
Dipak Misra, J.1. The appellant, a sexagenarian, being dissatisfied with and aggrieved by order dated 12-11-08 passed by the learned single Judge in W.P. No. 13698/08 has preferred this appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko) Appeal Adhiniyam, 2005.2. The expose' of facts which are imperative to be adumbrated are that the appellant being aspirant for contesting the Assembly Elections scheduled to be held on 27-11-08 filed his nomination papers from Constituency No. 143, Silvani in the District, Raisen. The nomination papers were submitted on 3-11-2008, as pleaded, with the requisite declaration. The Returning Officer scrutinised the nomination papers and found that the appellant had submitted Forms 'A' and 'B' in contravention of the requirements contained in the Handbook of the Returning Officer in terms of the provisions of the Election Symbols (Reservation and Allotment) Order 1968 (for short '1968 Order').3. Being grieved with the afore...
Dallu Basore Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-17-2008
Reported in: 2009(2)MPHT34
R.S. Garg, J.1. The appellant Dallu s/o Gokul Basore being aggrieved by the judgment dated 30-8-2008 passed by the learned First Additional Sessions Judge, Damoh, in Sessions Trial No. 219/2005 convicting the appellant under Section 302, IPC and sentencing him to undergo life imprisonment and pay fine of Rs. 500/-, in default of fine to undergo R.I. for four months, and also convicting him under Section 201, IPC sentencing him to undergo R.I. for 7 years and pay fine of Rs. 500/-, in default of fine to undergo further R.I. for four months, the substantive jail sentence to run concurrently, has filed this appeal.2. The prosecution case in brief is that complainant Achhelal Ahirwar (P.W. 2) lodged a report (Exh. P-3) at Police Station Nohta, District Damoh on 28-8-2005 at about 10.45 p.m. that on the said date at about 3.00 p.m. when he went to the bus stand he found that his son Reenu and the accused Dallu were having hot exchange of words in relation to a sum of Rs. 500/-. He tried to ...
Ambrish Kumar and Damodar Das and ors. Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-14-2008
Reported in: 2009(3)MPHT374
ORDERDipak Misra, J.1. These two appeals have been preferred under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, challenging the defensibility and sustainability of the order dated 8-8-2008 passed by the learned Single Judge in W.P. No. 8723/2007 and W.P. No. 8726/2007. Be it noted, the learned Single Judge has disposed of both the writ petitions in a composite manner and adverted to the facts in Writ Petition No. 8726/2007. As in Writ Appeal No. 960/2008 the assail is to order passed in Writ Petition No. 8726/2007, for the sake of clarity and convenience, we shall advert to the material facts and grounds urged in the said appeal.2. The appellant is the owner of the land bearing Survey No. 957 admeasuring area 1.58 hectares at Village Morghari, District Khandwa. The said land was diverted by order dated 3-11-2005 under Section 172 of the M.P. Land Revenue Code, 1959 (for short 'the Code') for construction of godown. The petitioner has availed a...
The Bhopal Wholesale Consumer Cooperative Store Limited Vs. Madan Lal ...
Court: Madhya Pradesh
Decided on: Nov-12-2008
Reported in: 2009(1)MPHT54
ORDERDipak Misra, J.1. This is an application under Order 44 Rule 1 of the Code of Civil Procedure (for short 'the Code') read with Order 33 Rule 1 of the Code seeking permission to prefer an appeal as an indigent person against the judgment and decree dated 24-7-2007 passed by the learned District Judge, Bhopal in Civil Suit No. 271-A/2006 whereby the learned Trial Judge has decreed the suit for eviction and realization of rental amount in respect of the suit premises under the provisions of M.P. Accommodation Control Act, 1961. The learned Trial Judge while decreeing the suit for eviction has directed the defendant to pay the monthly rent of Rs. 12,970/- from 1-1-2004 to 30-6-2004 to the plaintiff.2. Being aggrieved by the aforesaid judgment and decree a memorandum of appeal has been presented under Section 96 of the Code and alongwith the present application.3. When this application was taken up for consideration, learned Counsel representing the State raised a preliminary objection...
Naresh Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-12-2008
Reported in: 2009(2)MPHT142
ORDERA.K. Patnaik, C.J.1. The petitioners in W.P. No. 13561 of 2005 are Sarpanch and Up-Sarpanch of Gram Panchayats in Anuppur District of State of Madhya Pradesh and the petitioners in other writ petitions are all owners of land in Kotma Tehsil, District Anuppur which have been acquired by the State Government for the South Eastern Coalfields Limited. The petitioners have filed these writ petitions under Article 226 of the Constitution of India challenging the acquisition of land in Kotma Tehsil for mining of coal by the South Eastern Coalfields Limited (for short 'SECL') under the Land Acquisition Act, 1894.2. The relevant facts for disposal of these writ petitions briefly are that on 30th March, 1994, the Central Government in exercise of its powers under Sub-section (1) of Section 4 of the Coal Bearing Areas (Acquisition & Development) Act, 1957 (for short 'the 1957 Act') gave notice of its intention to prospect for coal in 3412.610 hectares of land in Kotma Tehsil described in the...
Association of Private Professional Technical and Medical Institution ...
Court: Madhya Pradesh
Decided on: Nov-12-2008
Reported in: AIR2009MP110
ORDER1. In this writ petition filed under Article 226 of the Constitution by the Association of Private Professional Technical and Medical Institutions, we are called upon to decide whether a candidate who has taken admission in an institution pursuant to the first phase of counselling can be allowed to participate in the second round of counselling and reopen the allotment made in his favour in the first round of counseling.2. The facts briefly are that for regulatory fees and admissions in Private Professional Institutions in the State of Madhya Pradesh, the Madhya Pradesh Niji Vyavasayik Shikshan Sanstha (Pravesh Ke Viniyam Avam Shulk Ka Nirdharan) Adhiniyam 2007 (for short 'the Adhiniyam, 2007') was made by the State Legislature. In exercise of powers conferred by Section 12 of the Adhiniyam, 2007, the State Government made the Admission Rules, 2008 (for short 'the 2008 rules'). In accordance with the 2008 Rules, a common entrance test for candidates intending to take admission in ...
Pradeep Kumar Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-11-2008
Reported in: 2009CriLJ770; 2009(1)MPHT269
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 5-5-2000 passed by learned Fifth Additional Sessions Judge, Rewa, in Sessions Trial No. 192/99, convicting the appellants under Sections 394, 302/34 and 201 of IPC and thereby sentencing them to suffer R.I. for ten years and fine of Rs. 1000/- each, in default of payment of fine RI for three months each; life imprisonment and fine of Rs. 5000/- each, in default of payment of fine RI for one year each; and RI of five years and fine of Rs. 500/- each, in default of payment of fine RI for one month each, respectively with a further stipulation that all the sentences shall run concurrently, this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by them.2. In brief the case of prosecution is that Subhash Dwivedi lodged a report in Police Station, Sohagi on 11-3-1999 that a dead-body of unknown person is lying nearby the culvert of Jhiria Lad. On the basis o...
O.P. Pandey Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Nov-11-2008
Reported in: 2009(1)MPHT280
ORDERA.K. Patnaik, C.J.1. The petitioner was initially appointed as Commercial Tax Officer in the Commercial Tax Department, Government of Madhya Pradesh in the year 1990. He was promoted as Assistant Commissioner in the year 2007. A disciplinary proceeding was initiated against him and a penalty of censure was imposed on him under Rule 16 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short 'the Rules').2. Against the order of censure passed by the Commissioner, Commercial Tax Department, the petitioner filed an appeal before the Principal Secretary, Commercial Tax Department. The Principal Secretary Commercial Tax Department dismissed the appeal by order dated 27-1-2001. The petitioner then filed a review against the order of the Appellate Authority before the Governor on 29-6-2001. The review has not been disposed of as yet and is still pending. The petitioner has stated in the writ petition that his review petition has not been entertaine...