Madhya Pradesh Court March 2009 Judgments
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Madhusudan Bhardwaj and ors. Vs. Mamta Bhardwaj
Court: Madhya Pradesh
Decided on: Mar-31-2009
Reported in: 2009CriLJ3095
ORDERB.M. Gupta, J.1. Feeling aggrieved with an order dated 6/9/2007 passed by 4th Additional Sessions Judge, Gwalior in Criminal Appeal No. 164/07, this revision has been preferred by all the three petitioners. Vide impugned order, the learned Judge has affirmed an order dated 9/7/2007 passed by Judicial Magistrate First Class, Gwalior in criminal case No. 5279/2007, whereby the learned Magistrate has partly allowed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act') filed by respondent-Mamta Bhardwaj, the wife of the petitioner No. 1-Madhusudan Bhardwaj and has- (1) restrained the petitioners not to create any domestic violence with the respondent, (2) directed the petitioners to permit the respondent to share her residence in family house or in alternate, petitioner No. 1 to arrange suitable house of the same status for her, (3) directed the petitioners to execute their bonds of Rs. 10,000/- (Rs. Ten Thou...
Vishnu Agrawal and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2009
Reported in: 2009(4)MPHT123
A.K. Shrivastava, J.1. Feeling aggrieved by the impugned order dated 13-2-2007 passed by learned Single Bench of this Court in W.P. No. 646/2004 the appellants have preferred this writ appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.2. The order passed in this appeal would also decide the fate of connecting Writ Appeal No. 231/07 (Sushiladevi Agrawal v. State of Madhya Pradesh and Ors.) since both the appeals have arisen from 'a common order passed by learned Writ Court holding that the Gwalior Bench of this Court is not having territorial jurisdiction over the matter.3. The facts necessary for disposal of this appeal lie in narrow compass. A sale deed executed by one Smt. Hardevi in favour of the appellant on 2-5-1998. This sale deed was tendered for registration before Sub Registrar, Satna who found that the document does not disclose correct market value of the property which was sold and hence the Sub-Registrar referred ...
M.P. State Electricity Board Vs. Sitaram S/O Sh. Sunshilal and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2009
Reported in: (2010)ILLJ531MP
ORDERA.K. Srivastava, J.1. By this writ Petition filed under Article 227 of the Constitution of India, the petitioners are challenging the pregnability of the impugned order dated November 5, 2004 passed by learned Industrial Court of Madhya Pradesh, Bench at Gwalior in Appeal No. 22/MPIR/2002, whereby the order dated December 18, 2001 passed by learned Labour Court No. 1, Gwalior in Case No. 494/89/MPIR has been reversed and set aside and the application filed under Section 31(3), 61 and 62 of Madhya Pradesh Industrial Relations Act, 1960 (in brevity as an 'Act') by the respondent No. 1 has been allowed.2. The respondent No. 1 (hereinafter referred to as an 'Employee') filed an application under Sections 31(3), 61 and 62 of the Act before the learned Labour Court that he is serving since 1983 in the establishment of the petitioners (hereinafter referred to as an 'Employee') on a clear vacant post of helper and his work has been found to be satisfactory and hence, he has acquired right...
Sumiran Choudhary Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-30-2009
Reported in: 2009(3)MPHT201
ORDERS.C. Sinho, J.1. Heard on I.A. No. 283 2/2009 which is an application for taking documents on record.2. For the reasons stated in this application, I.A. No. 2832/2009 is allowed.3. With the consent of learned Counsel for the parties, the petition is finally heard.4. Applicant/surely has filed this petition under Sections 397/401 of Cr.PC against the order dated 12-11 -2008 passed by Second Additional Sessions Judge, Mandla, in Criminal Case No. 14/2007 whereby learned Session Judge had forfeited the bond amount of Rs. 20,000/- and further ordered if the aforesaid amount is not recovered then the applicant will suffer SI for 6 months.5. Accused Jaswant Singh is an accused under Sections 302 and 201 of IPC and his trial is pending before Additional Sessions Judge, Mandla. The applicant had taken his bail bond for Rs. 20,000/- for producing him before Court on every date of hearing. Accused absconded from the Court on 18-10-2006, and a notice was given to applicant to produce him bef...
Shobhana Enterprises (P) Ltd. Vs. M.P. Paschim Kshetra Vidyut Vitran C ...
Court: Madhya Pradesh
Decided on: Mar-30-2009
Reported in: AIR2010MP6
ORDERViney Mittal, J.1. The petitioner, M/s. Shobhana Enterprises Pvt. Ltd., (hereinafter referred as the petitioner-company), is a purchaser of the land, building, plant, machinery, furniture and fixtures belonging to one M/s. Tristar Soya Products Ltd. under liquidation, in sale proceedings conducted by the Official Liquidator, attached to this Court, ordered in Company Petition 11 of 2003, vide order dated July 11,2005. On the aforesaid purchase, having been duly approved by the Company Judge, the possession of the said assets was handed over to the petitioner-company on September 9, 2005.2. It appears that the aforesaid company-in-liquidation, M/s. Tristar Soya Products Ltd. was in agreement for supply of electrical energy with M. P. Electricity Board, the predecessor in interest of M. P. Paschim Kshetra Vidyut Vitaran Company Ltd. (hereinafter called as respondent-vitaran company). It is also conceded position between the parties that the company-in-liquidation was a defaulter com...
Ramesh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-26-2009
Reported in: 2009CriLJ3268
S.L. Kochar, J.1. The appellants, by filing this appeal under Section 374 of the Code of Criminal Procedure, have challenged their conviction under Section 302 read with Section 34 of the Indian Penal Code and consequent sentence of imprisonment for life vide judgment dated 30-11-1999 passed by the learned Third Addl. Sessions Judge, Khargone in Sessions Trial No. 235/1993.2. According to the prosecution case, on 2-8-1993 on the eve of Raksha Bandhan festival in village Roshiya six coconuts were offered to Lord Bajrang Bali by the villagers through village Chowkidar Shri Ram (P.W. 2) and P.W. 8 Shankar Singh. Out of six coconuts, four were eaten by Shankar Singh on which Chowkidar Shri Ram admonished him, but Shankar Singh started picking up quarrel with Shri Ram. Shankar was admonished by village Sarpanch Prahlad Singh and complainant P.W. 1 Kamal Singh. At that moment, appellant told Kamal Singh that he (Kamal Singh) was behaving like a bullie and he (the appellant) would finish him....
Oriental Insurance Company Ltd. Vs. Suresh Kumar Nema and ors.
Court: Madhya Pradesh
Decided on: Mar-24-2009
Reported in: AIR2009MP191
Abhay M. Naik, J.1. Brief facts relevant for the purposes of this appeal are that one Arun Kumar Nema, son of Late Shri B. L. Nema, aged about 30 years was Assistant Professor in Jawaharlal Nehru Krishi Vishwa Vidhyalaya, Jabalpur, at a salary of Rs. 3585/- per month. While driving his Scooter on 1-12-1989, he was hit by a Tempo bearing registration No. MBK-7717 at about 9.30 a.m. He was immediately taken to Medical College Hospital, Jabalpur, where he died on 3-12-1989. His mother and brother submitted a Claim Petition for compensation under Section 166 of the Motor Vehicles Act, 1988, with allegation that the offending tempo was being driven by respondent No. 3 in a rash and negligent manner. It was owned by respondent No. 4 and was further transferred to respondent No. 5. It was stated to be insured with the appellant Insurance Company.2. Appellant (Insurance Company) denied its liability on the ground that the insurance policy was obtained subsequent to the accident by fraudulent m...
Ruksana Begum Siddiqui (Smt.) Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-24-2009
Reported in: 2009(5)MPHT74
ORDERR.S. Jha, J.1. The petitioner has filed this petition being aggrieved by communications dated 2-6-2006 and 3-6-2006 whereby she has been informed that her application seeking voluntary retirement with effect from 30-4-2006 has been accepted and consequently she has been voluntarily retired.2. The case of the petitioner, before this Court, is that the petitioner, who at the relevant time was working as an Assistant Teacher and was posted at Govt. Boys Middle School (Urdu), Gohalpur, submitted an application on 29-3-2006 seeking voluntary retirement with effect from 30-4-2006. Thereafter, the petitioner was directed by the authorities to submit the application in the prescribed Statutory Form 28 under the M.P. Civil Services (Pension) Rules, 1976 (hereinafter referred to as 'the Service Rules') and, accordingly, the petitioner by Annexure P-2 submitted her application for voluntary retirement in the prescribed form under the Service Rules stating therein that she desires to retire f...
Amaan Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-24-2009
Reported in: 2009(5)MPHT110
ORDERN.K. Mody, J.1. Heard.Being aggrieved by the order dated 4-3-2009 passed by X ASJ, Indore in Cr. Rev. No. 163/2009 which is arising out of order dated 24-2-2009 passed by JMFC, Indore in Cr. Case No. 25927/05 whereby the application filed by the petitioner under Section 437(6), Cr.PC was dismissed, was maintained the present petition has been filed.2. Short facts of the case are that petitioner was prosecuted for an offence punishable under Sections 3, 10 and 13 of Unlawful Activities (Prevention) Act, 1967 and the petitioner was arrested on 19-8-2008. The application was filed by the petitioner under Section 437(6), Cr.PC on 19-2-2009 wherein it was alleged that since more than 2 months have lapsed and no evidence has been adduced by the prosecution, therefore, petitioner be released forthwith. The application was contested by the State. After hearing the parties the application was dismissed against which a revision petition was filed which was also dismissed hence this petition...
Muzaffar Ali Vs. Central Narcotic Bureau
Court: Madhya Pradesh
Decided on: Mar-20-2009
Reported in: 2009(3)MPHT490
ORDERShubhada R. Waghmare, J.1. By the present petition, petitioner has challenged order dated 15-1-2009 passed by the Special Judge, NDPS Act, Neemuch in Case No. 10/2005 rejecting the application of the petitioner for submitting the sample a second time for the analysis to the Forensic Laboratory.2. Counsel for the petitioner has submitted that the Central Narcotic Bureau received information on the date of incident, i.e., 19-4-2004 that some narcotic substance has been illegally smuggled by the petitioner and there was half kg. of smack heroin concealed in his house whereupon the house was raided and one of the room inside the house a small iron box was found to contain a blue polythene bag having a powder which was seized and on testing with the departmental-kit, the product was verified and it was found to be heroin weighing 140 gms. out of which two samples of 5 gms. each were prepared and the articles were marked as A-B and further search was conducted of the house whereupon a s...
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