Madhya Pradesh Court January 2009 Judgments
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Asif Ansari and ors. Vs. Wakf Mahal Umrao Jehan and anr.
Court: Madhya Pradesh
Decided on: Jan-22-2009
Reported in: 2009(2)MPHT270
ORDERK.K. Lahoti, J.1. All the aforesaid petitions are filed, challenging the order of Chief Executive Officer, M.P. Wakf Board, Bhopal dated 26-4-2008 by which an application filed by petitioner (non-applicant before the Chief Executive Officer) under Order 14 Rule 1 read with Section 151 of the Code of Civil Procedure, 1908, dated 9-1-2008 was rejected.2. The authority found that under Section 54 of the Wakf Act, 1995 (hereinafter referred to as 'Act' for short) it was not necessary for him to frame the issues to decide the disputes between the parties. Section 54 does not make applicable the procedure envisaged in the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for short). The Chief Executive Officer is also not a Civil Court and the proceedings under Section 54 of the Act are not under the CPC. Section 54(3) provides a limited enquiry in respect of encroachment on Wakf property and after issuing a notice to the encroacher, the Chief Executive Officer is empowere...
Smt. Sujata Sarkar Vs. Anil Kumar Duttani
Court: Madhya Pradesh
Decided on: Jan-22-2009
Reported in: 2009(2)MPHT186
R.S. Jha, J.1. This appeal has been filed by the landlord against the reversing judgment and decree of the First Appellate Court passed in Civil Appeal No. 59-A/2003, decided on 18-2-2005 whereby the judgment and decree passed by the Ninth Civil Judge, Class II, Jabalpur, in Civil Suit No. 5-A/97, decided on 22-4-2002 has been reversed and the suit filed by the landlord/plaintiff for eviction has been dismissed.2. This Court had admitted this second appeal on the following substantial question of law:(1) Whether non-examination of the plaintiff was fatal to the eviction suit, when her son Dr. Sanjeev Sarkar and his wife Dr. Rupa Sarkar were examined to prove their bona fide need3. At the time of hearing it is observed that the following additional substantial questions of law also arise for adjudication in this appeal namely:2. Whether the First Appellate Court has committed gross error of law by ignoring the extensive and cogent evidence on record in respect of bona fide need of the s...
Chandan Ramesh Chandra Choudhary and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-22-2009
Reported in: 2010CriLJ73
S.L. Kochar, J.1. Both the appeals are arising out of one common judgment, therefore, decided by this common judgment.2. The appellants have challenged their conviction, by filing this appeal, under Section 304-B of the IPC and sentence of imprisonment for 10 years with fine of Rs. 5,000/-each, in default of payment of fine additional S.I. for two years each vide judgment passed by learned Special Sessions Judge, Mandleshwar, District West Nimad, in Sessions Trial No. 376/1996 dated 21-8-1998.3. The prosecution case in nut-shell as put forth before the trial Court is that deceased Kirtibala was married with appellant No. 1 Chandan before 414 months from the date of her death i.e. on 13-9-1996. The father of deceased had given dowry according to their custom and his capacity. After some time of marriage Kirtibala was harassed because of dissatisfaction of the appellants regarding dowry. Kirtibala was being ill-treated by pointing out minor mistakes in household work and for her slightly...
M.P. Urja Vikas Nigam Ltd. and ors. Vs. Santosh Kumar Dubey and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2009
Reported in: [2009(121)FLR509]; (2009)IIILLJ634MP; 2009(1)MPHT535
ORDERArun Mishra, J.1. In the instant writ petitions, the facts are common. Common question is involved for consideration hence the writ petitions are being decided by the common order.2. Other facts are similar except the period and the post held by the employee. The employee preferred an application under Section 31(3) of MPIR Act. It was averred that he was initially appointed as Helper on 23-2-1991 in the integrated Rural Energy Programme. Rakesh Kumar Gautam was initially appointed as Helper on 5-2-90, Subodh Kumar Jain was initially appointed as Helper on 15-12-97, Laxminarayan was initially appointed as Junior Assistant on 27-9-91, Lekhram was initially appointed as Helper on 1-4-91, Deepak Singh was initially appointed as Junior Assistant on 1-2-96 and Rajendra Kostha was initially appointed as Mechanic on 11-11-92. All the employees continuously worked up to 31-10-2000. The employee in W.P. No. 6479/08 (s) (M.P. Urja Vikas Nigam Ltd. v. Santosh Kumar Dubey) continuously worked...
Vishal Singh Vs. Shailendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2009
Reported in: 2009(2)MPHT101
ORDERS.K. Gangele, J.1. The appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 23-12-2003, passed by the First Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No. 47/2002.2. The appellant had been working as driver of a truck bearing registration No. M.P. 09-KA-2751. On 15-11-2000, when he had been driving the truck and coming from Indore to Mugawali, another truck bearing registration No. H.R.-38-E-5921, driven rashly and negligently, dashed the truck of the appellant. In the aforesaid accident, the appellant received serious injuries. The report of the accident was lodged at the Police Station Dharnawada and a criminal case vide Crime No. 209/2000 was also registered. The appellant was treated various times at J.A. Hospital, Gwalior, ultimately his right leg above knee level, was amputated. The appellant filed a claim application claiming total compensation of Rs. 11,00,000/-.3. The learned Claims Tribunal has h...
Gaurav Technica India Pvt. Ltd. Vs. Municipal Corporation
Court: Madhya Pradesh
Decided on: Jan-21-2009
Reported in: 2009(2)MPHT262
A.K. Patnaik, C.J.1. In response to a Notice Inviting Tender (NIT) dated 23-7-08 issued by the Municipal Corporation, Katni, the petitioner submitted a tender for item No. 5, of the NIT alongwith Fixed Deposit Receipt (FDR) of State Bank of India, Amlai Branch in favour of the Municipal Corporation, Katni, dated 31-7-08. The tender was opened on 2-8-08 while the tender of the petitioner and another contractor were not opened, the tenders of other tenderers were opened. The reasons for not opening the tender of the petitioner was on the ground that petitioner had not deposited the earnest money with the Municipal Corporation, Katni one day prior to the date of opening of the tender. Aggrieved the petitioner has filed this petition under Article 226 of the Constitution of India for direction to respondent to open the lender of the petitioner and consider the same.2. A return filed by the respondent stating that the condition in the notice dated 27-2-08 was that the tenderer was to deposi...
Sitabai and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2009
Reported in: 2009(2)MPHT442
ORDERShantanu Kemkar, J.Heard.1. All these appeals under Section 54 of the Land Acquisition Act (for short 'the Act') are arising out of common land acquisition proceedings and involve common questions of law and facts. For the convenience the facts of F.A. No. 40 of 2001 are taken.2. This appeal by the land owner is directed against award dated 9-10-2000 passed by the Additional District Judge, Khachrod in MJC No. 34/1996.3. Briefly stated the State Government exercising the powers conferred upon it under Section 4 of the Act issued a notification dated 12-10-1990 for acquisition of the land situated in Village Banbana and Village Makla, Tehsil Khachrod, District Ujjain. The acquisition of the land was for the construction of 800 KV Electricity Sub-station by the National Thermal Power Corporation Limited India. The total land acquired for the purpose is 106.469 hectares. For Village Banbana 89.78 hectares land was acquired and for Village Makla 16.78 hectares of land was acquired and...
Jagga @ Jagat Singh and ors. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-21-2009
Reported in: 2009(3)MPHT519
ORDERA.K. Shrivastava, J.1. I.A. No. 14676/2008 which is third application for suspension of sentence and grant of bail has been filed on behalf of appellant No. 3 Satish Soni.2. Shri Patel, learned Additional Advocate General has raised a preliminary objection that the first application of suspension of sentence (M.Cr.P. No. 6127/2004) which was filed by this appellant was rejected by the Bench comprising Justice Rajeev Gupta (as His Lordship then was) and Justice Rakesh Saksena on 7-1-2005. The second bail application (I.A. No. 223/2007) was dismissed by the Bench comprising of Justice S.S. Jha and Justice Rakesh Saksena on 19-1-2007, therefore, this third application of suspension of sentence cannot be listed before this Regular Bench and should be listed in a Bench in which one of the member is Justice Rakesh Saksena in view of the Full Bench decision of this Court in Gopal and Ors. v. State of M.P. 2005 (1) MPJR 141, because Justice Rajeev Gupta (as His Lordship then was) has been...
Sheikh Sultan and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-20-2009
Reported in: 2009CriLJ1827; 2009(2)MPHT78
R.C. Mishra, J.1. This appeal has been preferred against the judgment dated 29-12-1993 passed by Additional Sessions Judge, Gadarwara Distt. Narsinghpur in S.T. No: 255/1992 whereby the appellants were convicted and sentenced as under with the drrection that the custodial sentences'shall run concurrently-Convicted under SectionSentenced to304; Part I read with Section34 of the IPCundergo R.J for 7 years andfine of Rsf 5,000/- and in default, to suffer R.I. for 1 year.326 read with Section 34 ofthe IPCundergo R.I. for 4 years andfine of Rs. 3,000/- and in default to suffer R.I. for 7 months.2. The prosecution story, in short, way be narrated as under:(a) On 30-8-1992, at the time when the appellant No. 2 Hakam Khan (for short'A2') was taking the cattle through the land in occupation of Hemraj (since deceased), a quarrel ensued that led to animosity between them.(b) On the following day, ie., 31-8-1992 only, at about 8 a.m., while returning home from their fields, Hemraj and his nephew R...
Gordhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-20-2009
Reported in: 2009(4)MPHT202
ORDERS.S. Dwivedi, J.1. The applicant has filed this petition under Section 482 of the Criminal Procedure Code for quashment of the charge-sheet filed against the applicant before the Judicial Magistrate First Class, Jaora registered as Criminal Case No. 1414/06 for the offence punishable under Section 24 of the Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987 (hereinafter referred to as 'the Act').2. Brief facts of the case are that the Medical Officer posted at Primary Health Centre, Piplouda lodged the FIR on 19-3-2006 at Police Station, Piplouda that the applicant-accused being the registered Medical Practitioner in Ayurvedic Medicine and Surgery is having allopathic medicine in his Clinic also for which he has not been legally authorised. The allopathic injection, were found in the Clinic belonged to the applicant. On this information, the police had registered a case under Section 420 of the IPC and under Section 24 of the Act and after due investigation the charge-sheet has be...
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