Madhya Pradesh Court February 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Chironjilal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-14-2008
Reported in: 2008CriLJ1784
S.A. Naqvi, J.1. The appellant Chironjilal has preferred the appeal being aggrieved by the impugned judgment dated 25-11-1993 passed by the Special Judge and 1st Additional Sessions Judge, Damoh in Special Case No. 8/92 whereby the appellant has been convicted under Section 161, IPC read with Section 7 of the Prevention of Corruption Act 1988 (in short the 'Act') and under Section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo one year R.I. and fine Rs. 1,000/- in default six months R.I. and two years RI with fine of Rs. 2,000/- in default six months R.I. respectively.2. The admitted facts of the case are that the appellant Chironjilal was Head Constable at Police Station Batiyagarh District! Damoh at the relevant point of time; the appellant was working as public servants. The case of prosecution in a nutshell is that in 1983 and 1985-86 Tatu Singh donated his 16 acres land and house to Kunj Bihari (P.W. 1). But Smt. Bari Bahu wife of Tatu Singh later on o...
Jaypee Rewa Cement Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-14-2008
Reported in: 2009(4)MPHT69
R.S. Garg, J.1. The appellant M/s. Jaypee Rewa Cement a Division of Jai Prakash Industries Limited, being aggrieved by the order dated 23-3-2006 passed in W.P. No. 3734/1998 passed by learned Single Judge of this Court dismissing the writ application have filed this appeal under Section 2 of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005. The appellant M/s. Jaypee Rewa Cement is producer of cement and is in control of certain captive mines. The question raised before the learned Single Judge was whether the consumption made in the colonies held, managed and possession by the petitioner is to be clubbed into the consumption of the energy by the industry under the phrase 'cement industry including its captive mines' or it is liable for duty under the head of other non-industrial purposes. The learned Single Judge after referring to the table attached to Section 3 of the M.P. Electricity Duty Act, 1949 providing rates of duty came to the conclusion that separate pr...
Smt. Rajni Yadav Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-14-2008
Reported in: [2008(117)FLR587]
R.K. Gupta, J.1. Petitioner by Shri Anoop Shrivastava, Advocate. Respondents by Shri S.S. Bisen, G.A. They are heard.2. The present petition is filed by the petitioner challenging the order of dismissal dated 28.3.2005 and the order dated 15.2.2006 may be declared as illegal and improper, The petitioner has also claimed for an appropriate direction to reinstate the petitioner with all consequential benefits.3. The facts leading to the present case are that on the relevant date, the petitioner was working on the post of Upper Division Clerk. She was absent from her duties for a period from 1997 to 2002, therefore, a show cause notice, was issued to the petitioner on 3.2.2005 which is Annexure P/10 to the petition According to the respondents the petitioner did not join her duties and was remaining absent, therefore, the respondents passed the order of dismissal which is Annexure P/1 dated 28.3.2005.4. Learned Counsel for the petitioner submitted that petitioner preferred an appeal again...
Smt. Shanti Devi Tiwari Vs. Town Improvement Trust
Court: Madhya Pradesh
Decided on: Feb-13-2008
Reported in: 2008(4)MPHT117
ORDERArun Mishra, J.1. The appeals have been preferred by the claimants and erstwhile Town Improvement Trust, Rewa, substituted by Municipal Corporation, Rewa (hereinafter referred to as 'the Corporation') during the pendency of the appeals. The determination of compensations by Joint Tribunal of Town Improvement Trust of M.P. (in reference cases No. 3/85, 5/85, 2/88, 1/87 & 2/85) has been assailed.2. It is not in dispute that notification regarding the acquisition was published in the gazette dated 25.2.1984 under erstwhile Town Improvement Trust Act, 1960. In M.A. No. 567/91 the area admeasuring 0.59 acres comprised in survey No. 379 was acquired by the Land Acquisition Officer at the rate of Rs.27,600/-per acre. On reference being sought the tribunal has determined the compensation at the rate of Rs.2.50 per sq. ft. In M.A. No. 568/91 compensation at the similar rate has been awarded. Consequently Town Improvement Trust taken over by Muncipal Corporation, Rewa has come up in M.A. No...
Smt. Shyam Vs. Land Acquisition Officer and ors.
Court: Madhya Pradesh
Decided on: Feb-13-2008
Reported in: 2008(3)MPHT253
ORDERViney Mittal, J.1. This order shall dispose of two writ petitions being W.P. No. 1066/2002 and W.P. No. 1928/2002, as in both writ petitions a common challenge has been made to the acquisition of the land of the writ petitioners and similar arguments have been raised by their learned Counsel. For the sake of convenience, the facts are borrowed from W.P. No. 1066/2002.2. Indore Development Authority (IDA) had passed a resolution on May 14, 1999, proposing to frame a scheme No. 135, comprising of a total area of 28.3 hectares in Village Tejpur Gadbadi, Tehsil and District Indore. After the said declaration of its intention to prepare the scheme, the said declaration was published in the Government Gazette on June 18, 1993, in terms of Section 50(2) of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as 'Adhiniyam'). Thereafter in terms of Section 50(3) of the Adhiniyam, the draft scheme was prepared on May 19, 1995, which was duly published in the ...
Anil JaIn Vs. Managing Director, M.P.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Feb-13-2008
Reported in: [2008(118)FLR462]
J.K. Maheshwari, J. 1. This order shall govern the disposal of all other similar writ petitions, the details thereof ace mentioned in a separate list appended to this judgment.2. The bunch of all these writ petitions involve two sets of cases; in one set, the employees have retired on attaining the age of superannuation or under the voluntary retirement scheme floated by the Corporation and received the amount of E.D.F, but interest on the said deposits or on clearness allowance has not been paid. In other set, employees are working in the Corporation, claiming interest on the deposits or on the amount of dearness allowance deposited in Employees Deposit Fund Scheme.3. In all these petitions a common question of law requires adjudication 'whether employees of the Madhya Pradesh Slate Road Transport Corporation, either retired or in employment are entitled to get interest on the deposits or on dearness allowance deposited under the Employees Deposit Fund Scheme, and what should be the r...
S.P. Chemicals Vs. Assistant Commissioner of Commercial Tax and ors.
Court: Madhya Pradesh
Decided on: Feb-12-2008
Reported in: (2008)16VST533(MP)
Viney Mittal, J.1. This order shall dispose of four writ petitions being W.P. No. 7568 of 2007, W.P. No. 7569 of 2007, W.P. No. 7570 of 2007 and W.P. No. 7572 of 2007. All the writ petitions have been filed raising an identical controversy by the two different assessees. Identical arguments have been raised before me. Whereas two writ petitions being W.P. No. 7568 of 2007 and W.P. No. 7570 of 2007 pertain to a dispute with regard to the assessment of the commercial tax qua the assessees. However, two writ petitions being W.P. No. 7569 of 2007 and W.P. No. 7572 of 2007 pertain to assessment of the entry tax qua the said assessees. For the sake of convenience, the facts are borrowed from W.P No. 7568 of 2007.2. The petitioner is a proprietorship firm owned by Prince Goyal. The petitioner-firm had obtained a temporary registration from Commercial Tax Department, Sendhwa, with a view to establish a manufacturing unit at Nimrani for manufacture of thinner, distemper, oil paint, chemical, et...
Regional Manager and ors. Vs. Ram Prasad Mandal
Court: Madhya Pradesh
Decided on: Feb-12-2008
Reported in: (2008)IIILLJ911MP
R.S. Garg and Prakash Shrivastava, JJ.1. The appellants, officers of Central Bank of India, being aggrieved by order dated April 20, 2006 passed by the learned single Judge of this Court in Writ Petition No. 4079/1994 have filed this appeal submitting inter alia that the order passed by the learned single Judge is illegal, deserves to be interfered with and set aside in the appellate jurisdiction of this Court.2. It is to be noted that being aggrieved by the order dated February 22, 1993 (Annexure-P/1) passed by the Disciplinary Authority dismissing the petitioner from service and order dated August 18, 1994 (Annexure P/2) whereunder the appeal preferred by the respondent was dismissed, the respondent/employee filed Writ Petition No. 4079/1994. The learned single Judge after going through the inquiry proceedings came to the conclusion that the conduct of the Inquiry Officer was unfair because on one side he was directing the department to produce and supply the documents demanded by th...
Ramnaresh and anr. Vs. Arjun and ors.
Court: Madhya Pradesh
Decided on: Feb-08-2008
Reported in: 2008CriLJ2866; 2008(4)MPHT109(NULL)
ORDERB.M. Gupta, J.1. This petition is for impugning the order dated 11th October, 2007 passed by the Additional Sessions Judge (Fast Track Court), Jaura in criminal revision No. 18/07, whereby the learned Judge while setting aside the order dated 16th January, 2007 passed by the JMFC, Jaura in criminal case No. 1175/04, rejecting an application under Section 321 of Cr.P.C. filed on behalf of the prosecution, has allowed the application for withdrawal of the prosecution pending in aforementioned case against respondents No. 1 to 7 for the offence punishable under Sections 147, 148, 323/149, 325/149 of IPC and has acquitted them.2. Admittedly, with regard to an incident happened on 25/3/01, two cross-cases are pending in the trial court. In criminal case No. 1175/04 pending in the court of learned Magistrate, the respondent Nos. 1 to 7 are the accused persons and facing trial for the offence punishable under Sections 147, 148, 323/149 and 325/149 of IPC. In cross-case No. 1205/04 pendin...
Shiv Babu Shukla Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-08-2008
Reported in: 2008(2)MPHT312
ORDERDipak Misra, J.1. In this appeal preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the defensibility and justifiability of the order dated 3-12-2007 passed by the learned Single Judge in W.P. No. 16086/07 (S) : 2008(1) M.P.H.T. 418, is called in question.2. The facts which are essential to be enumerated for the purpose of this appeal are that the appellant-petitioner (hereinafter referred to as, 'the appellant'), a Head Constable of Police, was convicted for offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act, 1961 and sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 500/-. Being aggrieved by the judgment of conviction and order of sentence he preferred Criminal Appeal No. 528/07 wherein this Court by order dated 25-4-2007 had directed suspension of sentence and grant of bail.3. During...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- Next ›
- Last »