Madhya Pradesh Court August 2008 Judgments
Karan Singh and ors. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2008
Reported in: 2009(1)MPHT155
ORDERAjit Singh, J.1. Original plaintiff/petitioner Kamal Singh died during the pendency of this petition and hence the names of his legal representatives have been substituted as petitioners.2. This petition, under Article 227 of the Constitution, is directed against the order dated 9-9-2005 passed in Miscellaneous Civil Appeal No. 17/2005 by the District Judge, Chhatarpur, whereby he has dismissed the plaintiff's appeal confirming the order of rejecting the application for grant of temporary injunction as passed by the Trial Court.3. The case of plaintiff Kamal Singh in his suit before the Trial Court is that the premises in question (land, house and well) belonged to the erstwhile Maharaja Bhawani Singh of Chhatarpur who, on being pleased with the services rendered by his parents, gifted the same to him by a gift deed 12-7-1946. According to Kamal Singh, on 1-3-1958 he joined the services of the State Forest Department and was posted at Chhatarpur on 24-11-1976 whereupon respondent ...
Tag this Judgment!Subodh Shukla Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Aug-28-2008
Reported in: 2008(5)MPHT299
ORDERR.S. Jha, J.1. The petitioner has filed this petition being aggrieved by order dated 1-10-2003 by which a punishment of loss of seniority of one year in the rank has been imposed upon the petitioner. The petitioner has also challenged order dated 27-9-2004 by which his review petition has been rejected.2. The brief facts leading to the filing of the petition are that the petitioner who, at the relevant time, was posted as a Major at Sagar in 36 Infantry Division Ordinance Unit and was officiating as the Second-in-Comrnand, submitted a complaint to his higher authorities on 30-3-2001 bringing to their notice several irregularities and illegalities committed by his Commanding Officer and one Major R.S. Dudee. On receiving no response thereon he filed another statutory compliant under Section 27 of the Army Act, 1950 again bringing to the notice of the higher authorities the illegalities committed by his Commanding Officer Col. Devinder Yadav and Major R.S. Dudee. On 23-5-2001 the pe...
Tag this Judgment!Smt. Gomti Bai Tamrakar and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-28-2008
Reported in: 2009(2)MPHT26
ORDERPrakash Shrivastava, J.1. The writ petition has been filed challenging the notification dated 28th March, 2008 issued under Section 4 (Annexure P-1) and the notification dated 15th May, 2008 (Annexure P-2) issued under Section 6 of the Land Acquisition Act.2. The case of the petitioners is that the petitioner No. 1 is owner of the house situated on Hiraganj Tiraha and the petitioner No. 2 is the owner of the house situated on Garg Chowk, Malviya Ganj, Katni. The notification dated 28th March, 2008 issued under Section 4(1) of the Land Acquisition Act was published in the M.P. State Gazette dated 25-4-2008. Thereafter, the declaration under Section 6 was published on 15-5-2008. In the present petition, the notifications under Section 4(1) of the Act as well as declaration under Section 6 are under challenge.3. Learned Counsel appearing for the petitioners submitted that the notification under Section 4(1) of the Act is vague inasmuch as it does not contain the full details of the l...
Tag this Judgment!Smt. Uma Shukla Vs. M.P. Poorva Kshetra Vidyut Vitran and ors.
Court: Madhya Pradesh
Decided on: Aug-27-2008
Reported in: 2009(1)MPHT177
ORDERSanjay Yadav, J.1. Order passed in this Writ Petition No. 2775/2007 shall also lead to the final disposal of W.P. No. 1800/2007 because of the identical issue involved in both the writ petitions being same.2. The issue is whether the respondent Madhya Pradesh Poorva Kshetra Vidyut Vitran Company is justified in its action in declining to grant fresh electricity connection to the premises, purchased in auction by the petitioners, in lieu of recovery of electric charges due on previous owner.3. The brief facts of W.P. No. 2775/2007 are that the petitioner being successful in a bid in auction purchased M/s. Shri Ram Carbon Pvt. (Ltd.) District Centre Imlikheda, Chhindwara (M.P.), a sale-deed in pursuance was executed in favour of the petitioner on 27-6-2004. The said premises carried a liability of electricity charges to the tune of Rs. 46,084/-, therefore, when the petitioner requested for grant of fresh electricity connection the respondents relying upon Clause 4.17 of M.P. Electri...
Tag this Judgment!Haji Abdul HussaIn T. Malu Bhai Vs. Assistant Commercial Tax Officer a ...
Court: Madhya Pradesh
Decided on: Aug-27-2008
Reported in: (2009)24VST117(MP)
Viney Mittal, J.1. This order shall dispose of three wit petitions being W. P. No. 4418 of 2008, W. P. No. 4419 of 2008 and W. P. No. 4420 of 2008, as a common challenge has been made to penalty orders passed by the assessing authority and revisional orders passed by the revisional authority, whereby the revision petitions filed by the petitioners have been dismissed. Three petitions have been filed for three separate assessment years. For the sake of convenience, the facts are borrowed from W. P. No. 4418 of 2008.2. The petitioner is a proprietorship concern engaged in the business of purchase and sale of timber. It has been claimed that the petitioner had primarily dealt in tax-paid goods, i.e., purchase of timber from local registered dealers for its resale in Madhya Pradesh. The petitioner was initially assessed to commercial tax vide order dated December 19, 2000. On the basis of some third party information, claimed to have been collected by the authorities of the Commercial Tax ...
Tag this Judgment!Gopya Alias Gopal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-25-2008
Reported in: 2009(4)MPHT78
Sushma Shrivastava, J.1. Appellant has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions Judge, Burhanpur in S.T. No. 202/96, decided on 24.12.98.2. Appellant has been convicted under Section 302 of IPC and sentenced to imprisonment for life by the impugned judgment.3. According to prosecution, deceased Bharat (hereinafter referred to as 'deceased') used to live with his father and sister at Kala Bagh, Burhanpur. His mother had illicit relations with the appellant and had started living with him. On 27.6.96 at about 5.30 P.M., appellant Gopya @ Gopal entered into the house of the deceased, uttered filthy abuses, quarrelled with him, poured kerosene oil over him, set him ablaze and fled away. Deceased Bharat was rushed to the Govt. Hospital Burhanpur. On receipt of telephonic information from the Hospital, after preliminary enquiry an offence was registered against the appellant at Police Station Ganpati Naka and was investigated. The d...
Tag this Judgment!National Insurance Co. Ltd. Vs. Kusma Devi and ors.
Court: Madhya Pradesh
Decided on: Aug-25-2008
Reported in: 2008ACJ318
S. Samvatsar, J.1. s judgment shall govern the disposal of both the aforesaid misc. appeals as they are filed against the award dated 29.11.2002 passed by the Additional Member Judge, Motor Accidents Claims Tribunal, Morena in Claim Case No. 105 of 2002 whereby the Claims Tribunal has awarded a sum of Rs. 8,75,000 as compensation to the claimants for the death of Vijay Singh Jadon, who died in a motor accident.2. Misc. Appeal No. 231 of 2003 is filed by the insurance company against the impugned award challenging rejection of its application under Section 170 of the Motor Vehicles Act and challenging the findings on quantum and negligence while Misc. Appeal No. 510 of 2003 has been filed by the claimants seeking enhancement of compensation.3. Facts of the case briefly stated are that on 27.3.2002 around 4.30 in the evening, deceased Vijay Singh Jadon along with his friend Sarnam Singh was going to Gwalior from Morena in a Maruti car bearing registration No. UP 84-A 6257. The car was dr...
Tag this Judgment!Phool Singh Tekam Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-22-2008
Reported in: 2009(2)MPHT509
Sushma Shrivastava, J.1. Appellant has preferred this appeal under Section 351 of Cr.PC against the order dated 22-2-94 passed by First Additional Sessions Judge, Satna, in MJC No. 3/94 sentencing him to pay a fine of Rs. 25/-, in default simple imprisonment for three days, under Section 349 read with Section 345 of Cr.PC.2. The facts of the case lie in a narrow compass. Appellant Phool Singh was posted as Inspector, City Kotwali, Satna at the relevant time. He was directed to produce the case diary of Crime No. 60/94 of P.S. Kotwali, Satna, before First Additional Sessions Judge, Satna on 18-2-94 at 11.00 a.m. for hearing of Bail Petition No. 138/94. Appellant, however, could not produce the case diary before the Court of First Additional Sessions Judge on 18-2-94 when the case was called for hearing at 1 o'clock. The show-cause notice was, therefore, issued to him as to why action should not be taken against him under Section 349 of Cr.PC for not producing the case diary before the C...
Tag this Judgment!Mahendra Singh Bhadauria Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-22-2008
Reported in: 2009(2)MPHT366
ORDERP.K. Jaiswal, J.1. Heard.The petitioner in this writ petition under Article 227 of the Constitution of India is challenging the order dated 7-1-2008 passed by the Appellate Authority, whereby the learned Appellate Authority affirmed the order of the District Magistrate dated 31-7-2007 passed in Case No. Q/RDM/No. 5/83/2007.2. It is not in dispute that Armed Licence bearing No. 644/88 for personal safety has been granted to the petitioner. On 10-7-2007, the petitioner was going to his relation from Gwalior to Morena, near Police Station Purani Chhawani, Gwalior, his vehicle was stopped and during search he was asked to produce his arms licence to the Police person. He produced his arms licence to the Police person. During checking it was found that more than the permissible limits of cartridges (30 rounds) was being carried by the petitioner and therefore a case was registered against the petitioner, by the respondent No. 3 vide Crime No. 513/07 under Sections 20, 25, 27 and 30 of ...
Tag this Judgment!Santosh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2008
Reported in: 2009(3)MPHT196
Sushma Shrivastava, J.1. Appellant has preferred this appeal challenging his conviction and order of sentence passed by Vth Additional Sessions Judge, Bhopal in S.T. No. 36/93, decided on 5-4-94.2. Appellant has been convicted under Section 376 of IPC for committing rape on a minor girl aged about eight years and sentenced to Rigorous Imprisonment for seven years by the impugned judgment.3. According to prosecution, on 21-11-92 in the evening at Motinagar, Bhopal, when complainant's daughter aged eight years (hereinafter referred to as 'victim') was playing outside her house, appellant came there and took her to cattle-shed and committed sexual intercourse with her. When she shouted, appellant intimidated and threatened her not to disclose the incident to anyone at her house. When the mother of the girl discovered the injuries oh her private part while giving bath to her, she enquired from her. The girl then narrated the incident of rape to her mother. The matter was then reported to P...
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