Madhya Pradesh Court April 2009 Judgments
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Commissioner, Commercial Tax Vs. Saurabh Metals Pvt. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2009
Reported in: (2009)24VST520(MP)
ORDERDipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner, Commissioner, Commercial Tax, Government of Madhya Pradesh, has prayed for issue of a writ of certiorari for quashment of the order dated December 12, 2007 passed by the Appellate Authority for Industrial and Financial Reconstruction, New Delhi in Appeal No. 238 of 2007 and order dated May 17, 2007 passed by the Board for Industrial and Financial Reconstruction in Case No. 48 of 1994-M/s. S.M.P.L. and to grant any other appropriate relief as deemed fit in the facts and circumstances of the case.2. The facts as have been uncurtained are that respondent No. 1, M/s. Saurabh Metals Pvt. Ltd., moved an application before the Board for Industrial and Financial Reconstruction, New Delhi (for short, 'the BIFR') conveying that it had accumulated loss of Rs. 522 lacs which had made its net worth negative by Rs. 469 lacs. The Bank of India was appoi...
Jama S/O Mithu Vs. Khalil S/O MohinuddIn and ors.
Court: Madhya Pradesh
Decided on: Apr-23-2009
Reported in: 2009(4)MPHT367
Shantanu Kemkar, J.1. Appellant/defendant No. 1 has filed this Second Appeal against the judgment and decree dated 28-1-2006 passed by II Additional District Judge, Mandsaur in Civil Regular Appeal No. 42-A/05, reversing the judgment and decree dated 4-4-2005 passed by Civil Judge, Class II, Mandsaur in Civil Suit No. 277-A/02.2. This second appeal was admitted on 15-2-2008 on following substantial questions of law:(a) Whether in the facts and circumstances of the case the learned Lower Appellate Court was right in holding that the transaction in question was mortgage and not a sale outright sale?(b) Whether the impugned judgment and decree as passed by the learned Lower Appellate Court suffer from perversity ?3. Briefly stated, the plaintiff-respondent No. 1 Khalil filed a suit against the appellant No. 1 for redemption of land bearing Survey No. old 82, new No. 350, 0.4 hectare situated at Village Bajkhedi, Tehsil Mandsaur. It was averred by the plaintiff that his father Mohinuddin h...
Mangilal Vs. Haider Ali and anr.
Court: Madhya Pradesh
Decided on: Apr-22-2009
Reported in: 2009(5)MPHT311
ORDERShantanu Kemkar, J.1. The petitioner/claimant has filed this revision filed under Section 115 of the Code of Civil Procedure challenging the order dated 5-2-2009 passed by the IVth Additional Member, Motor Accident Claims Tribunal, Indore (for short 'the Tribunal') in Claim Case No. 199/2001.2. The petitioner/claimant sustained grievous injuries in a motor accident occurred on 24-5-2001. He filed a Claim Case No. 199/2001 before the Tribunal. The Tribunal vide award dated 21-10-2003 awarded compensation of Rs. 21,330/- with interest at the rate of 8% per annum to the petitioner/claimant. Dissatisfied with the amount of compensation awarded to him the petitioner/ claimant filed Miscellaneous Appeal No. 134/2004 under Section 173 of the Motor Vehicles Act, 1988 before this Court seeking enhancement of the compensation amount.3. On 28-6-2008 in Mega Adalat constituted for speedy disposal of Claim Appeals involving disputes like enhancement of compensation, etc., the petitioner/claima...
Suman Suchita Lakra (Smt.) Vs. State of Chhattisgarh and ors.
Court: Madhya Pradesh
Decided on: Apr-21-2009
Reported in: 2009(3)MPHT62(NULL)
ORDERSunil Kumar Sinha, J.1. Challenge in this petition is to the order dated 17-9-2008 (Annexure P-4) passed by respondent No. 2 in Revenue Case (Appeal) No. 33-A/89 (6) 2007-08, whereby stay has been granted in favour of respondent No. 4 against the order removing respondent No. 4 from the post of Sarpanch as a consequence of no-confidence motion passed by the Gram Panchayat against her.2. The facts, briefly stated, are as under:The petitioner is an elected Panch of Gram Panchayat Goriya, Janpad Panchayat Kunkuri, District Jashpur (C.G.). Gram Panchayat consists of 21 Panchas. Respondent No. 4 was the elected Sarpanch of Gram Panchayat. The elected members of Gram Panchayat gave a notice to move a motion of no-confidence against respondent No. 4 to the Prescribed Authority in accordance with Rules. On receiving the notice, the Prescribed Authority, after being satisfied, fixed the date, time and place for the meeting of the Gram Panchayat to consider the motion of no confidence. Tehs...
Hemlata Mandloi (Smt.) Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-21-2009
Reported in: 2009(3)MPHT392
ORDERS.C. Sharma, J.1. The petitioner before this Court has filed this present petition challenging the order dated 14th January, 2009 (Annexure P-l) passed by the State Government in exercise of the powers conferred under Rule 8 (5) of the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as 'the Rules, 1961') terminating the services of the petitioner. The contention of the petitioner is that she is a member of the Scheduled Tribe and she was appointed by virtue of a process of selection conducted by the Madhya Pradesh Public Service Commission for the post of Chief Executive Officer, Janpad Panchayat. The petitioner in compliance to the appointment order dated 10th January, 2006 submitted her joining on 23rd January, 2006 at Janpad Panchayat, Chachoda, District Guna and thereafter started working as the Chief Executive Officer, Janpad Panchayat, Chachoda, District Guna. The petitioner has further stated that the Accountant of the Janp...
Satya Pal Anand Vs. Registrar General, High Court of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-18-2009
Reported in: AIR2009MP190; 2009(3)MPHT301
ORDERA.K. Patnaik, C.J.1. This is a petition for review of the order of the Full Bench dated 31.7.2008 in W.P. No. 5806/2006.2. The background facts briefly are that Writ Petition No. 988/1999 was filed as a Public Interest Litigation (for short 'PIL') in this Court challenging the grant and payment of pension to Ex-Legislators of the State of Madhya Pradesh as well as the vires of the M.P. Vidhan Sabha Sadasya Vetan Tatha Bhatta Tatha Pension Adhiniyam. A Division Bench of this Court hearing the PIL found that the issue raised in the PIL had already been settled by another Division Bench of this Court in Raghu Thakur v. State AIR 1997 M.P. 223 and the grant and payment of pension to Ex-Legislators had been held as intra vires the Constitution and while disposing of the writ petition by order dated 9.9.1999 issued some directions for regulating filing of PIL in this Court. Thereafter, the petitioner filed W.P. No. 5806/2006 contending that the order dated 9.9.1999 of the Division Bench...
Dayaram Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2009
Reported in: 2009(4)MPHT296
Arun Mishra, J.1. The appeal has been preferred by the accused Dayaram aggrieved by judgment dated 5.8.1999 passed by Sessions Judge, Tikamgarh, in Special case No. 52/98 thereby he has been convicted for commission of offence under Section 354 of IPC and sentenced to six months RI & fine of Rs. 3,000/-, in default of payment of fine to undergo further two months' RI. He has also been convicted for offence under Section 3(1)(xi) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 and sentenced to six months RI & fine of Rs. 3,000/-, in default of payment of fine to undergo further two months' RI. Both the sentences were ordered to run concurrently.2. As per the prosecution case on 28.8.1998 the complainant Durgiya is Kumhar by caste, she was coming back to the house after selling earthen pots. When she reached near the house of accused, he caught hold of her and pressed her breast, he wanted to take her in nearby room, she raised hue & cry, Harichand, Ramvagas...
J.S.J. Real Estate Pvt. Ltd. and anr. Vs. Collector, Dewas and ors.
Court: Madhya Pradesh
Decided on: Apr-18-2009
Reported in: AIR2009MP138
ORDERA.K. Patnaik, C.J.1. This is a reference made to the Full Bench on a difference of opinion between two Division Bench judgments of this Court on interpretation of Rule 1(11) and 2(7) of Chapter IV of the High Court of Madhya Pradesh Rules, 2008 (for short 'the Rules, 2008').2. The background facts leading to the reference are that the High Court of Madhya Pradesh Rules, 2008 came into force with effect from 1.11.2008. Rule 1(11) in Chapter IV of the Rules, 2008 provides that all writ petitions under Articles 226 and/or 227 of the Constitution of India except those specified under Rule 2(7) of the Chapter will be heard by a Single Judge of this Court and Rule 2(7)(d) in Chapter IV of the Rules, 2008 provides that a Division Bench will hear all writ petitions under Articles 226 and/or 227 of the Constitution of India challenging interlocutory or final orders passed by subordinate Courts or Tribunals where no appeal or revision is provided.3. After the Rules, 2008 came into force, W....
Neelam Tiwari Vs. Sunil Tiwari
Court: Madhya Pradesh
Decided on: Apr-18-2009
Reported in: AIR2009MP225; 2009(3)MPHT215
P.K. Jaiswal, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955 (in short 'the Act'), challenging the judgment and decree dated 24-11-2006, allowing the petition of the respondent under Section 13 of the Act, and granting him a decree for divorce against the appellant-wife.2. Undisputedly the appellant was married to the respondent-husband on 22-4-2004 in accordance with Hindu rites at Village Dhaba Goutman Tola of District Rewa. After marriage she had gone to her in-laws place and stayed with them for a period of 8-10 days and thereafter she came to her parents' place at Village Dhaba Goutman Tola. According to respondent, after marriage though he lived with his wife, but he had no physical relation with his wife. The appellant-Neelam was having illicit relations with Anurag Mishra and when she was residing at her parents' place, she with her consent had gone to Surat with Anurag Mishra on 12-9-2005 and she stayed with him for a period of more than one month at S...
Ganesh Singh, Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-17-2009
Reported in: 2009CriLJ3691; 2009(3)MPHT204
R.C. Mishra, J.1. This judgment shall govern disposal of all the three appeals as, being related to the same incident, they are interlinked. For the sake of convenience, the appellants shall be referred to by their respective names.2. Relevant particulars of the appeals and the judgments impugned therein may be tabulated as under:-----------------------------------------------------------------------------------Cr. Preferred Convicted Sentenced Corresponding JudgmentAppeal by under Section toNo.-----------------------------------------------------------------------------------Dated Passed by S.T. No.-----------------------------------------------------------------------------------1448/19 Ganesh 394 read with undergo RI94 Singh 397 of IPC for 7 yearsand to pay afine of Rs.500/- and indefault, tosuffer RI for 6 months II ASJ,--------------------------------------------------506-B of IPC undergo RI 15-11-94 Tikamgarh 110/93for 1 yearwith the directionthat the jail senten-ces shall run co...
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