Madhya Pradesh Court February 2008 Judgments
Suneel Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-28-2008
Reported in: 2008(2)MPHT456
A.P. Shrivastava, J.1. This appeal is directed against the judgment of conviction and sentence dated 15-5-02 passed by the Additional Sessions Judge, Lahar, Distt. Bhind in S.T. No. 03/01 by which the appellant has been convicted under Section 376 of IPC and sentenced to undergo Rigorous Imprisonment for ten years with a fine of Rs. 5,000/- with default stipulation. He has further been convicted under Section 323 of IPC and sentenced to undergo Rigorous Imprisonment for six months.2. The story of the prosecution, in short, is that on 23-10-2000 at about 11.00 a.m., when the prosecutrix (minor girl of about eight years of age) went to pick up dung, the appellant came there, took the prosecutrix to the nearby a bushes ('Beshram ki Jhadi'), threatened her, removed her undergarments and committed sexual intercourse with her. On hearing her cries, her mother Munni Devi and uncle Rajesh came there rescued her from the appellant. On this the appellant started beating the mother of the complai...
Tag this Judgment!Gendlal Patel Vs. M.P. Public Service Commission and anr.
Court: Madhya Pradesh
Decided on: Feb-27-2008
Reported in: 2008(2)MPHT390
ORDERA.K. Patnaik, C.J.1. This is an appeal against the order dated 9-1-2008 passed by the learned Single Judge in W.P. No. 11133/2007 (S) filed under the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.2. The facts briefly are that the appellant, who was earlier serving in the Army and retired, applied pursuant to the advertisement issued by the M.P. Public Service Commission oh 2-1-2006 for the post of State Civil Services. After he took examination for recruitment to the State Civil Services, he was not called for interview and he was informed later on that his candidature was not. valid. As per Sub-rule (5) of Rule 6 of the Madhya Pradesh Civil Services (General Conditions of Services) Rules, 1961, (for short 'the Rules'), no candidate shall be eligible for appointment to a service or post who has married before the minimum age fixed for marriage and the appellant solemnized marriage at the age of 21 years. Aggrieved, the appellant has filed Writ Petiti...
Tag this Judgment!Raja Ram Ahirwar Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-27-2008
Reported in: 2008(2)MPHT381
A.K. Patnaik, C.J.1. This is an appeal filed under Section 2 (i) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, against the order dated 30-11-2007 passed by the learned Single Judge in Writ Petition No. 1890/2005 under Article 226 of the Constitution. The facts briefly are that the respondent No. 3 was enrolled in the voter list of Gram Panchayat, Lakhahar, published in the year 1999. He contested the election of Zila Panchayat, Sagar and was elected from Village Lakhahar in the year 2000. The respondent No. 3 was also registered as a voter in the electoral roll of Shivaji Ward No. 50, Bina Municipality and he contested the election for the Bina Municipality and was declared elected as President of Bina Municipality on 25-11-2004. The appellant who is also a registered voter of Shivaji Ward of Bina Municipality filed a writ petition under Article 226 of the Constitution praying for a writ of quo warranto against the respondent No. 3 or for his removal from t...
Tag this Judgment!Fanish Kumar Shukla Vs. Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Feb-27-2008
Reported in: 2008(3)MPHT492
ORDERAbhay M. Naik, J.1. Petitioner is a student of 10th Class aged 16 years. Enrollment has been denied by the Board of Secondary Education, Madhya Pradesh, Bhopal, which forced him to approach this Court by filing writ petition under Article 226 of the Constitution of India.2. It is averred in the writ petition that the petitioner passed Class IX Examination in the year 2005-06 from Adivasi Girls Higher Secondary School, Kapuri, District Sidhi. After obtaining School Living Certificate, the petitioner was admitted in Pratibha Higher Secondary School, Anand Nagar, Bhopal in Class X (High School). He submitted an application for his enrollment in the ' Board of Secondary Education, M.P., Bhopal (hereinafter referred to as 'the Board' for brevity) on 8-9-2007. Principal of the said school (respondent No. 3) vide his letter dated 10-9-2007 (Annexure P-5) submitted additional information to the Board for facilitating the enrollment. Requisite fees was also paid to respondent No. 1 as reve...
Tag this Judgment!Jitendra S/O Mohan Singh JaIn Vs. Rahul S/O Shriram Singh Parihar and ...
Court: Madhya Pradesh
Decided on: Feb-27-2008
Reported in: 2008(5)MPHT336
ORDERN.K. Mody, J.1. Arguments heard on merits. Order dictated in open Court.This order shall also govern the disposal of M.A. No. 1251/2005 as both the appeals are arising out of one award dated 1442-2004 passed by Member, MACT, Indore in Claim Case No. 291/2004 whereby the claim case filed by appellant was allowed and a sum of Rs. 31,000/- was awarded as compensation on account of injuries sustained by appellant. M.A. No. 1529/2005 is filed by appellant for enhancement while M.A. No. 1251/2005 is filed by respondent No. 3 wherein liability of respondent No. 3 is challenged.2. Short facts of the case are that appellant filed a claim case alleging that on 29-7-2003 appellant was going on his Scooty at about 4.00 p.m. It was alleged that at that time a motor-bike bearing registration No. MP-09/JV/8215, which was driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 came from other side and dashed the vehicle of appellant with the result appellant sustai...
Tag this Judgment!Ajay Tripathi and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-27-2008
Reported in: 2008(5)MPHT195
R.S. Garg, J.1. By this writ petition filed under Article 226 of the Constitution of India the petitioners are challenging the constitutional validity of Madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 (hereinafter referred to as 'Rules of 2005') as ultra vires the Constitution of India and being violative of the provisions of Madhya Pradesh Panchayat Raj Awam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Panchayats Act 1993'). They are also seeking a direction that the Court may by issuing appropriate writ, direction or order strike down Sub-rules (1) to (13) of Rule 6 of 2005 Rules and the Court may issue appropriate writ declaring that Madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and Conditions of Services) Rules, 2001, dated 11-7-2001 to be valid piece of legislation and issue appropriate writ, direction or order quashing the entire process of selection of Samvida Shala Shikshak which commences from 4-5-2...
Tag this Judgment!Utv Software Communication Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2008
Reported in: AIR2008MP177; 2008(2)MPHT392
A.K. Patnaik, C.J.1. The petitioner carries on inter alia the business of distribution of feature films and claims to be the sole distributor of the Hindi feature film 'Jodha Akbar'. The case of the petitioner in the writ petition is that the film 'Jodha Akbar' was cleared by the Central Board of Film Certification (for short 'the Board') and a Class U/A Certification was issued by the Board on 6.2.2008. Thereafter, the film 'Jodha Akbar' was put up for public screening in the theatres throughout the State of Madhya Pradesh and was being screened in about 30 theatres in the cities and towns of Madhya Pradesh when the Government of Madhya Pradesh issued an order dated 22.2.2008 suspending the screening of the film throughout the State of Madhya Pradesh with immediate effect. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution with a prayer to quash the impugned order dated 22.2.2008. The petitioner has also prayed for an interim order for staying...
Tag this Judgment!Nilesh Singhal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-26-2008
Reported in: [2008(118)FLR871]
ORDERJ.K. Maheshwari, J.1. By filing this petition a blind citizen has knocked the door of this Court for enforcement of the mandate of law known as 'Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act,1995' ( for brevity hereinafter referred to as 'the Act'), seeking protection of the umbrella of justice delivery system. The non-enforcement of the provisions of the said Act in true spirit and sense is writ at large to establish social justice envisaged under the Constitution of India.2. Petitioner had passed intermidate 10+2, B.A.and M.A.in Political Science in first class in 1997, and secured second position in the merit list of Devi Ahilya Vishwavidyalaya, Indore. Being a blind he has filed disability certificate showing 100% absence of sight. It is further pleaded that the M.P.Public Service Commission had issued an advertisement for recruitment to various posts, wherein he had appeared and got selected in preliminary and mains exam. But i...
Tag this Judgment!D.J. Laboratories Pvt. Ltd., Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-26-2008
Reported in: (2008)14VST586(MP)
R.S. Garg, J.1. This judgment shall finally decide W. P. No. 28298 of 2003 (Bimla Steel Industry v. State of M. P. and Ors.), W. P. No. 28300 of 2003 (D. J. Laboratories Pvt. Ltd. v. State of M.P. and Ors.) and W.P. No. 28830 of 2003 (Pithampur Oxygen Pvt. Ltd. v. State of M.P. and Ors.).2. The short facts necessary for decision of these three petitions are that the State Government vide its Notification No. A-3-24-94-ST-V (108) dated October 6, 1994 observed that the State Government was satisfied that it was necessary so to do in the public interest and, therefore, in exercise of the powers conferred by Section 12 of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as, 'the State Act') and Sub-section (5) of Section 8 of the Central Sales Tax Act, 1956 (hereinafter referred to as, 'the Central Act') subject to paragraphs 2 to 10 and the general conditions specified in paragraph 12 exempted from payment of tax under Section 6 and Section 7 of the State Act and u...
Tag this Judgment!Rajendra Prasad Vs. Chetna
Court: Madhya Pradesh
Decided on: Feb-26-2008
Reported in: I(2008)DMC867
N.K. Mody, J.1. Being aggrieved by judgment and decree dated 15.2.2001 passed by Additional District Judge, Khachroad, District Ujjain in Civil Suit No. 30-A/98, HMA, whereby the suit filed by the appellant was dismissed, the present appeal has been filed.2. Short facts of the case are that the appellant filed a petition for divorce under Section 13 of the Hindu Marriage Act on 15.7.1998 alleging that the marriage of the appellant took place with respondent on 13.5.1994. In the first year of marriage respondent lived with the appellant at his parental house for a period of 4 1/2 months and respondent went to her parental house for 10 times approximately. It was alleged that the appellant is the only son. Mother of the appellant is having fracture in her hand and father of the appellant is a patient of diabetes and blood pressure. It was alleged that the family of the appellant is from middle income group and appellant is financially not in a position to avail the facilities of engaging...
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