Madhya Pradesh Court May 2008 Judgments
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Arvind Kumar Vyas Vs. State Bank of Indore
Court: Madhya Pradesh
Decided on: May-06-2008
Reported in: 2008(4)MPHT402
N.K. Mody, J.1. Being aggrieved by the judgment and decree dated 20-01-04, passed by Additional District Judge, Bhanpura (Camp-Garoth), District Mandsaur, in Civil Suit No. 16-B/03, whereby the suit filed by the respondent was decreed and the appellant was directed to pay a sum of Rs. 44,455/- alongwith interest @ 12.50% p.a., the present appeal has been filed.2. Short facts of the case are that the respondent filed a suit against the appellant on 10-04-2000 for realization of a sum of Rs. 1,20,206/- alleging that the respondent is a Bank and appellant was posted as Branch Manager in the respondent bank, at Shyamgarh Branch. It was alleged that appellant performed his duties negligently during his tenure. It was alleged that due to the negligency on the part of appellant respondent suffered loss of Rs. 89,597/- as per income leakage order report dated 12-04-97. It was alleged that out of the aforesaid amount respondent is entitled to recover a sum of Rs. 78,260/- from the appellant per...
Abdul Hamid Vs. Daudi Bohra Jamat
Court: Madhya Pradesh
Decided on: May-06-2008
Reported in: 2008(4)MPHT405
N.K. Mody, J.1. Being aggrieved by the judgment and decree dated 21-09-04 passed by Ilnd Additional District Judge, Dewas in Civil Suit No. 3-A/03, whereby the suit filed by the appellant for compensation of Rs. 2,50,000/- was dismissed, the present appeal has been filed.2. Short facts of the case are that the appellant filed a suit for realisation of Rs. 2,50,000/- as compensation on 10-05-01 alleging that respondent is recorded Bhumi Swami of the land bearing various survey numbers measuring 1.589 hectors situated at Tehsil and District Dewas. It was alleged that respondent filed a petition under Section 168 of MP. Land Revenue Code, which shall be referred hereinafter as MPLRC, in the Court of SDM, Dewas alleging that appellant is in occupation of the land as lessee. It was alleged that the said petition filed by the respondent was registered as case No. 232/B-121/98-99 and was allowed vide order dated 31-07-2000. It was alleged that against the order dated 31-07-2000 passed by SDM,...
S.K. Verma Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-06-2008
Reported in: 2008(5)MPHT438
R.S. Jha, J.1. The present appeal has been filed by the appellant being aggrieved by order dated 17-10-2007 passed by the learned Single Judge in Writ Petition No. 14313/2007 (S), whereby the petition filed by the petitioner has been dismissed on the ground of availability of an alternative remedy.2. The facts in brief necessary for adjudication of the present appeal are that the respondent No. 6, who belongs to the Scheduled Caste category and is an Under Secretary working in the School Education Department filed a complaint before respondent No. 2/Madhya Pradesh. State Scheduled Caste Commission against the present appellant/petitioner alleging that the appellant/petitioner had deliberately delayed the writing of his Annual Confidential Reports relating to the years 2005, 2006 and 2007 and also made allegations that the appellant/petitioner was addressing and abusing the respondent No. 6 on the basis of his caste.3. The issue was taken up by the respondent No. 3 in his capacity as Ch...
Ram Vilas Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-02-2008
Reported in: 2008(3)MPHT510
Sushma Shrivastava, J.1. Appellant has challenged his conviction and order of sentence passed by Special Judge, Hoshangabad in Special Case No. 44/1991, decided on 11-2-1994.2. Appellant has been convicted under Section 3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter to be referred as 'Act') and sentenced to Rigorous Imprisonment for six months with fine of Rs. 1,000/- by the impugned judgment.3. According to prosecution, prosecutrix is a member of Scheduled Tribe. On 4-12-1991, at about 4 o'clock in the evening, prosecutrix had gone to her field, situated near Village Basaniya to graze her cattle alongwith one Amardas, aged about six years. Appellant Ram Vilas then came there and asked her to give some berry, but the prosecutrix refused. Appellant then tried to catch hold of her sari with intent to outrage her modesty and also pressed her hands. Her sari was torn in the incident. Prosecutrix came back to her house and narrated the whole in...
Shyam Bihari Singh and ors. Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-02-2008
Reported in: 2008(4)MPHT151
ORDERA.K. Patnaik, C.J.1. By a common order dated 2-12-2006 passed in the writ petitions, a learned Single Judge of this Court has referred the following two questions for opinion of the Division Bench:(i) Whether under Section 247 of the M.P. Land Revenue Code, 1959 for assignment of the right by the Government to any person in respect of land of which surface right vests in third person, the consent of land owner (Bhumiswami) is necessary? Any grant by the Government without any consent of such Bhumiswami is sustainable under the law?(ii) Whether the Division Bench in Premchand (supra), has rightly held that for assignment of rights in respect of any minerals, mines and quarries by the Government to a third person under Section 247 of the Code, an opportunity of hearing or consent of the Bhumiswami is not required?2. Mr. Vivek Tankha, learned Senior Counsel appeared for the petitioner in W.P. No. 3548 of 2008 and Mr. A.P. Singh, learned Counsel appeared for the petitioners in W.P. No...
Mahesh Kumar Singhal and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-01-2008
Reported in: 2008(1)MPLJ272
Abhay Gohil, J. 1. Appellants have filed this writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 10.7.2007 passed by Single Judge in W.P. No. 157/2004.2. The brief facts of the case are that the appellants are the bus operators. They are registered owners of the vehicle and are residents of Kurwai, district Vidisha. They have challenged the bye- laws framed by the Nagar Panchayat, Kurwai (Annexure P-1) dated 27.12.2003 which came into force w.e.f.1.2.2004. Bye-laws have been framed exercising powers under Sub-section (3) of Section 357 as well as exercising the powers under Section 349 (2), 357 (5) and 358 (4), Sub-clause (b) and (d) of the Madhya Pradesh Municipalities Act, 1961 (in short the 'Act of 1961'), by which they have imposed parking fees on the owners of the vehicles, i.e., motor, truck, buses and matador, which are parked at the bus stand, at the rate of Rs. 20/- per day (Rs.600/- per mo...
Smt. Vinita Vs. Sandeep
Court: Madhya Pradesh
Decided on: May-01-2008
Reported in: 2008(4)MPHT219
ORDERN.K. Mody, J.1. Being aggrieved by the judgment and decree dated 11-12-2003 passed by 1st Additional District Judge, Dhar in Civil Suit No. 42-A/01, whereby divorce petition filed by the respondent on the ground of cruelty was allowed and a decree of divorce was passed, the present appeal has been filed.2. Since the appeal is barred by 281 days, therefore, an application for condonation of delay is filed. The reason for condoning the delay assigned in the application is that after passing of the decree on 11-12-03 appellant approached her Counsel Mr. Suresh Raj Purohit, who was contesting the case on her behalf before the learned Court below. It was alleged that all the necessary documents were given by her to the learned Counsel, who assured that the appeal shall be filed before this Court. It is submitted that thereafter, appellant came to know on 28-10-04 in the proceedings of maintenance under Section 125 Cr.PC, that no appeal has been filed by the learned Counsel. It is furth...
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