Madhya Pradesh Court September 2008 Judgments
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Jagdish Laldas Badole Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-26-2008
Reported in: 2008(5)MPHT268
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 5-10-1996 passed by learned 5th Additional Sessions Judge and Special Judge (CBI), Jabalpur in Special Case No. 52/87 convicting appellant under Section 5(1)(e) read with Section 5(2) of Prevention of Corruption Act, 1947 (in short 'the Act') and thereby sentencing him to suffer R.I. of three years and fine of Rs. 30,000/-, in default of payment of fine, further RI of one year, the appellant has knocked the door of this Court by preferring this appeal under Section 374(2) of Code of Criminal Procedure, 1973.2. In brief, the case of prosecution is that appellant was serving on the post of Assistant Controller of Estate Duty of Income Tax Department at Jabalpur. He joined his services in the year 1973 as Inspector of Income Tax and thereafter in 1982 he was promoted to the rank of Income Tax Officer. During the year 1986 he was holding the post of Assistant Controller of Estate Duty and the...
Santosh Sharma Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-26-2008
Reported in: 2008(5)MPHT278
ORDERSanjay Yadav, J.1. Challenge in the present writ petition filed under Article 226/227 of the Constitution of India is to an order of detention passed by the respondent No. 2, the District Magistrate, Hoshangabad on 5-1-2008, Annexure P-1 and affirmed in appeal by order dated 22-4-2008, Annexure P-3. The order has been passed in exercise of powers under Section 3(2)(3) of the National Security Act, 1980 on the ground that the activities of the petitioner being prejudicial to the maintenance of the public order.2. The order of detention is an outcome of a letter dated 29-12-2007 by the Superintendent of Police, Hoshangabad requesting the District Magistrate, Hoshangabad for taking an action against the petitioner because the increasing criminal activities of his has caused an imminent danger to the tranquility of public peace and social order in the society. The District Magistrate in exercise of his power under Section 3(2)(3) of the National Security Act, 1980 passed the detention...
Bhavanraj Singh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-26-2008
Reported in: 2009(1)MPHT370
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 18-12-1998 passed by learned Sessions Judge, Sidhi in Sessions Trial No. 76/97 convicting appellants under Section 302 read with Section 34 of IPC and thereby sentencing them to suffer life imprisonment, the appellants have knocked the door of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.2. Filtering out necessary details the facts lie in narrow compass that on 5-5-1997 at 10 a.m. Ku. Gita Singh was taking care of mango trees at that juncture, appellant Prithvipal Singh alias Rintu came and started plucking mangoes from the trees, at that juncture Munna Singh also arrived there and he pacified appellant Rintu not to pluck mangoes. On this point some altercation took place between them. Dharamraj Singh (hereinafter referred to as 'the deceased') after evacuating also came there and he also pacified Munna Singh and appellant Rintu not to ...
Smt. Shabana Bano Vs. Imran Khan
Court: Madhya Pradesh
Decided on: Sep-26-2008
Reported in: 2009(1)MPHT516
ORDERBrij Mohan Gupta, J.1. Feeling aggrieved with an order dated 11-3-2008 passed by Additional Principal Judge of Family Court, Gwalior in Miscellaneous Criminal Case No. 286/2006, this revision has been preferred by the petitioner/wife against the respondent/husband.2. The facts of the case in brief arc that the petitioner filed one application under Section 125 of Cr.PC on 26-4-2004 against the respondent alleging therein that she has been married with the respondent on 26-11 -2001 in Gwalior. At the time of marriage, necessary items for the use of family were given by her father, as per the list enclosed (Annexure A-2). After marriage, respondent and his family members played cruelty on her on demand of dowry. At the time when she was pregnant she was left by the respondent at her parental home with a threat that unless the demand about the dowry is fulfilled she will remain in the parental home. There is no source of income of the petitioner while respondent is earning Rs. 12,000...
Smt. Manjula Dayre Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-25-2008
Reported in: 2008(5)MPHT284
ORDERR.S. Jha, J.1. Heard Shri S.K. Nema, learned Counsel for the petitioner on the question of admission and interim relief.2. The petitioner has filed this petition being aggrieved by order dated 28-6-2008 by which he has been denied two advance increments on account of having undergone a tubectomy operation.3. The brief facts leading to the filing of the present petition are that the State Government issued a circular dated 29-1-1979 to the effect that all Government servants who voluntarily undergo a tubectomy operation after two children would be given two advance increments and those who undertake operation after three children would be given one advance increment. The circular also prescribed that this benefit would be made available to persons working under Semi Government Institution as well as those who are working under any institution receiving grant from the State. The petitioner, who was appointed as Assistant Grade III by order dated 29-7-1995, requested for grant of two...
Abdul Hasan Qureshi and Smt. Rani Chandra Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-25-2008
Reported in: 2009(1)MPHT322
ORDERAbhay M. Naik, J.1. This order disposes of W.P. No. 7007/08 and W.P. No. 7163/08. Reference to annexures is taken from Writ Petition No. 7163/08 unless otherwise mentioned. Petitioner of Writ Petition No. 7163/08 is hereinafter described as 'A' and of Writ Petition No. 7007/08 is hereinafter described as 'R'.2. Short facts involved in the petitions are that an advertisement marked as Annexure P-4 was issued on 5-8-2007 by Gram Panchayat Magron, Block Batiyagarh, District Damoh, inviting applications thereby for the post of Panchayat Karmi in the said Gram Panchayat. Petitioners of both the writ petitions and certain other applicants made their respective applications pursuant to the said advertisement. A meeting of the Gram Panchayat was convened and after considering the applications, 'A' was selected and appointed by majority of Panchas for the post of Panchayat Karmi and a resolution to this effect was passed on 29-8-2007, vide Annexure P-5. An order of appointment was, accordi...
Narayan Prasad Pandey Vs. Dr. Hari Singh Gour Vishwavidyalaya and anr.
Court: Madhya Pradesh
Decided on: Sep-25-2008
Reported in: 2009(1)MPHT25
ORDERAbhay M. Naik, J.1. This petition has been preferred for commanding the respondents to declare the result of the petitioner of examination of B. A. Part I of the year 2007. Issuance of mark-sheet has also been prayed for.2. Facts involved in the petition are that the petitioner passed the Higher Secondary School Certificate Examination in the year 1980 with Roll No. 324778, which was conducted by the Board of Secondary Education, M.P. Bhopal. He got admitted in B.Sc. Part-I. He appeared in the examination of B.Sc. Part-I in the year 1982 held by the University of Sagar. He failed to succeed and left the studies. Thereafter, he applied for appearing in the main examination of B. A. Part-I of the year 2007 as a private candidate on the basis of mark-sheet of Higher Secondary School Certificate Examination of the year 1980 which is on record as Annexure P-l. Admit card was issued vide Annexure P-4 bearing No. 107760 and Enrollment No. NA/07/14076. He appeared in the examination Cente...
Trilokinath Agrawal and anr. Vs. Shivraj and ors.
Court: Madhya Pradesh
Decided on: Sep-25-2008
Reported in: 2009ACJ2387
S. Samvatsar, J. 1. This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act, challenging the award dated 12.12.2005 passed by the Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 38 of 2004 whereby the Claims Tribunal has awarded a sum of Rs. 4,18,500 as compensation to the claimants for the death of Sanchita Agrawal who died in a motor accident.2. In brief, the facts of the case are that deceased Sanchita Agrawal was working as Vice Principal in Gwalior Glory Higher Secondary School, Gwalior. On 13.6.2004 when she was travelling in car No. KA 04-N 2157, Swaraj Mazda minibus No. KA 01-D 0707 hit the car, as a result of which the deceased sustained injuries and succumbed to the injuries sustained by her.3. After her death, present appellants who are husband and daughter of the deceased filed claim petition claiming compensation. The Claims Tribunal found that deceased was Vice Principal in Gwalior Glory Higher Secondary School, Gwalior and as per her ...
Smt. Annapurna Dubey Vs. Champalal @ Chaua and anr.
Court: Madhya Pradesh
Decided on: Sep-24-2008
Reported in: 2009(1)MPHT144
ORDERA.K. Shrivastava, J.1. The plaintiff has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 assailing the judgment and decree dated 9-2-2007 passed by learned First Additional District Judge, Hoshangabad in Civil Suit No. 84-A/2006, whereby the suit for specific performance of contract has been dismissed and a decree to return Rs. 13,000/- with interest has been passed.2. In brief, the case of plaintiff is that agricultural land bearing Survey No. 19/3 is of defendant No. 1, Champalal @ Chaua. In order to marry his daughter, defendant on account of legal necessity entered into an agreement with the plaintiff to get the suit property sold to her for Rs. 96,000/- and a document of agreement of sale was executed on 18-9-2002. The plaintiff also paid Rs. 13,000/- on the insistence of defendant No. 1 to one Shekh Salim to cancel the agreement which was between Shekh Salim and defendant No. 1. Despite the insistence of plaintiff, defendant did not perform his pa...
Ashok Kumar Goyal and ors. Vs. Income Tax Settlement Commission and or ...
Court: Madhya Pradesh
Decided on: Sep-23-2008
Reported in: (2008)220CTR(MP)274; 2009(1)MPHT225; [2009]178TAXMAN354(MP)
ORDERS.K. Gangele, J.1. This order shall govern disposal of (1) Writ Petn. No. 3358 of 2008, Ashok Kumar Goyal v. ITSC and Ors.; (2) Writ Petn. No. 3356 of 2008, Harishankar Goyal v. ITSC and Ors.; (3) Writ Petn. No. 3361 of 2008, Yash Kumar Goyal v. ITSC and Ors.; (4) Writ Petn. No. 3364 of 2008, Tarun Kumar v. ITSC and Ors.; (5) Writ Petn. No. 3360 of 2008, Smt. Pretti Goyal v. ITSC and Ors.; (6) Writ Petn. No. 3363 of 2008, Smt. Renu Goyal v. ITSC and Ors.; (7) Writ Petn. No. 3357 of 2008, Smt. Nirupam Kaur v. ITSC and Ors.; and (8) Writ Petri. No. 3359 of 2008, Gulzar Singh v. ITSC and Ors.2. For the purpose of decision in all these writ petitions the facts stated in Writ Petn. No. 3358 of 2008, Ashok Kumar Goyal v. Income-Tax, Settlement Commission and Ors., have been taken into consideration.3. Heard on the question of admission and grant of interim relief.4. All the writ petitions have been filed against certain directions issued, vide order dt. 31st March, 2008 by respondent No...
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