Madhya Pradesh Court August 2009 Judgments
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Afsar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-24-2009
Reported in: 2010(1)MPHT343
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 8-7-1997 passed by the learned Additional Sessions Judge, Dabra, Distt. Gwalior, in Sessions Trial No. 246/94, convicting the appellant under Section 302/34 of IPC and thereby sentencing him to suffer life imprisonment, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973.2. In brief, the case of the prosecution is that on 25-3-1974 at 7 in the morning Lachchhiram (hereinafter referred to as 'the deceased') along with his brother Sunman was going to Dabra to purchase house hold items. He was accompanied by Hukuma and Puran. All these persons were going on their foot. As soon as they reached nearby Bhadau Nariya, it is said that appellant as well as absconding co-accused Ramesh met these persons. It is said that absconding accused Ramesh hurled a taunt to him and by hurling the abuses, stated that he was waiting for the deceased and ...
Rajesh Singh and ors. Vs. Manoj Kumar
Court: Madhya Pradesh
Decided on: Aug-21-2009
Reported in: AIR2010MP16; 2009(4)MPHT373
ORDERA.P. Shrivastava, J.1. This writ petition is filed by the defendant challenging the order dated 15-4-2009 passed by Second Additional District Judge to the Court of First Additional District Judge, Gwalior in Civil Suit Mo. 59-A/06 whereby the Trial Court has rejected the application filed by the present petitioner defendant under Section 10 of the Code of Civil Procedure for stay of subsequent suit.2. Facts of the case, briefly stated are that the respondent plaintiff had filed a civil suit for declaration in respect of the property in dispute against the present defendant in the month of November, 2005. Present petitioner filed his written statement in the said suit denying the title of the plaintiff. Plaintiff, therefore, filed another suit under Section 12 (1) (a), (c) and (n) of the M.P. Accommodation Control Act, 1961 against the present petitioner for ejectment. In that suit, the defendant filed his written statement and again denied the title of the plaintiff. In such circ...
Amolak Singh Chhabra Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-21-2009
Reported in: 2009(5)MPHT233
Subbash Samvatsar, J.1. This writ appeal is preferred by the appellant [respondent No. 3 in the Writ Petition No. 3584/08 (S)] assailing the judgment dated 15-5-09 passed by the learned Single Judge of this Court whereby the writ petition filed by Suresh Chandra Pandey, i.e., the respondent No. 3 before the Court is allowed.2. Brief facts of the case are that petitioner Suresh Chandra Pandey was appointed as District Excise Officer on 12-8-83 while Amolak Singh Chhabra, appellant before this Court and who was joined as respondent No. 3 before the Writ Court was appointed on the same post on 22-3-88. Thus, admittedly, the Suresh Chandra Pandey was senior to Amolak Singh Chhabra, in the cadre of District Excise Officer.3. In the year 2002, a Departmental Promotion Committee was held for considering the cases of District Excise Officers for promotion to the post of Assistant Commissioner (Excise). The Departmental Promotion Committee after considering the cases of Suresh Chandra Pandey an...
Ramlal Gaud and anr. and M.P. High Court Bar Association Through Its S ...
Court: Madhya Pradesh
Decided on: Aug-20-2009
Reported in: 2009(4)MPHT390
ORDERArun Mishra, J.1. Writ Petition No. 6228/02 has been filed by the petitioners calling in question legality of the order dated 13-9-2002 passed by the Recovery Officer, Debts Recovery Tribunal, Jabalpur by which the objection against the attachment and auction sale has been dismissed as withdrawn without there being any consent of the Counsel or the objector. W.P. No. 7290/02 has been filed by M.P. High Court Bar Association levelling serious charges of improper judicial behaviour by Shri C.K. Solanki, the then Presiding Officer, Debts Recovery Tribunal, Jabalpur.2. The case of petitioner in W.P. No. 6228/02 is that Shri C.K. Solanki was the then Presiding Officer, DRT, Jabalpur. His son Rishi Kumar Solanki/ respondent No. 4 was the auction purchaser in the auction which was held on 9th September, 2002 by Recovery Officer, DRT. He was the only auction bidder and auction was finalized in his favour. There is allegation made of manipulation of order-sheet dated 13-9-2002. It is submi...
Julious Prasad Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-20-2009
Reported in: 2010(1)MPHT217
ORDERP.K. Jaiswal, J.1. This order will dispose of two writ petitions, they being Writ Petition Nos. 3623 and 10326 of 2007. In both the writ petitions, the petitioner challenges the order dated 13-2-2007 passed by the Registrar, Public Trust, Damoh in Revenue Case No. 3-B/113 (1)/2002-2003, wherein the Registrar declared the Disciples of Christ Church Committee, Damoh as Public Trust.2. Petitioner-Julious Prasad of W.P. No. 3623 of 2007 is the Secretary of Disciples of Christ Church Committee, Damoh (M.P.), which is affiliated to Indian Church Council Disciples of Christ, a society registered under the M.P. Societies Registrikaran Adhiniyam, 1959, having Registration No. 286. The entire affairs of the Society are being managed by the Council. It consists of nine members who are known as elders, who have been managing the affairs of the Church. Somewhere in the 1895 the Church was constructed on Nazul Sheet No. 41, Plot No. 86 situated at Damoh. As per revenue record, out of total area...
Gaurishankar and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Aug-20-2009
Reported in: 2010(1)MPHT347
ORDERIndrani Datta, J.1. The petitioners have filed this petition under Section 482, Cr.PC for quashing the FIR registered in connection with Crime No. 6/09 at Police Station, Jigna, District Datia.2. As per petition, respondent No. 2 complainant Dayal has lodged FIR against the petitioners alleging that on 22-2-09 complainant was returning to his home. In the way, present petitioners restrained him and abused him called him Chamrawale and thereafter started beating him and threatened him to kill. Wife of complainant reached on spot and tried to rescue complainant, then petitioners also assaulted her. On this report lodged by complainant vide Crime No. 6/09, offence punishable under Sections 323, 294, 506-B, 341/34, IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act was registered against the present petitioners and in that crime police is trying to arrest present petitioners.3. It is contended on behalf of the petitioners that the impugned FIR and entire proceedings a...
Bhismat Pandey Vs. Phoola and ors.
Court: Madhya Pradesh
Decided on: Aug-18-2009
Reported in: 2009(4)MPHT357
ORDERK.K. Lahoti, J.1. This petition is directed against an order dated 16-4-2008 by the Additional District Judge, Panna in Civil Suit No. 29-A/2007, by which the Court found that document in question was a promissory note, not an agreement for payment of remaining consideration of sale and was on a proper stamp duty. Holding it, the Trial Court found that the document can be received in evidence.2. Learned Counsel for petitioner submitted that in fact the document in question was a 'bond' and not a 'promissory note'. From the language of document it is apparent that a definite amount of money was promised to be paid to the plaintiff/respondent with a condition that only after payment of the amount the defendant shall be entitled for mutation in the revenue record. If the defendant effects mutation without such payment then the plaintiff would be entitled to object the mutation and for declaration of sale deed as void. The document was signed by both the parties and also attested by t...
Abdul Rahim Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Aug-18-2009
Reported in: 2009(4)MPHT439
ORDERSushma Shrivastava, J.1. The writ petition has been filed against the order (Annexure P-16), dated 2-8-2005 passed by the Central Administrative Tribunal, Jabalpur.2. The applicant has prayed for the relief before the Tribunal in Original Application No. 675/2005 to quash termination of order dated 23-7-2004 as illegal and without jurisdiction because petitioner's husband is mentally unsound and handicapped, therefore, entire proceeding is void and against the principles of natural justice. It was also prayed that respondent No. 3 be directed to ensure medical treatment to the husband of the petitioner and financial help to the family. All the documents be ordered to be supplied. Similar relief was prayed by the petitioner's wife in Original Application No. 642/2004 and the same was dismissed by the Central Administrative Tribunal on the ground that the original application was barred by limitation and no application for condonation of delay was filed. No supporting evidence of me...
State of Madhya Pradesh Vs. Dharmendra Rajput and ors.
Court: Madhya Pradesh
Decided on: Aug-17-2009
Reported in: [2009]318ITR402(MP)
K.S. Chauhan, J.1. This criminal appeal has been preferred by the State of M.P. under Section 378 (i) and (iii) of Cr.P.C. being aggrieved by the judgment of acquittal dated 07.08.1999 passed by Additional Sessions Judge, Gadarwara, District Narsinghpur in S.T. No. 147/98, whereby the respondents have been acquitted from the offence punishable under Sections 498A and 306/34 of I.P.C. 2. The prosecution case in short is that the marriage of Rubi @ Anita was performed with Dharmendra Rajput according to Hindu Rites prior to 18 months of this incident. The appellants used to demand gold and motorcycle in dowry and subjected her to cruelty for not fulfilling such demand. Once she was driven out from her matrimonial house and remained in her maternal house for about 6 months. Thereafter respondent Ram Singh took her back to matrimonial house assuring that no harassment be done in future. But after sometime she committed suicide by hanging. On 10.02.1998 Rupram Kotwar of village Siregaon rep...
Assistant Commissioner of Income Tax Vs. Shubhash Traders,
Court: Madhya Pradesh
Decided on: Aug-17-2009
Reported in: (2009)226CTR(MP)372
ORDERDipak Misra, J.1. These three appeals preferred under Section 260A of the IT Act, 1961 (for brevity 'the Act') were listed for default for not filing the application for condonation of delay supported with affidavit. At that juncture, a query was made from Mr. Sanjay Lal whether the High. Court can condone the delay when an appeal is preferred beyond the time prescribed under Section 260A of the Act in view of the decision rendered by the apex Court in CCE v. Hongo India (P) Ltd. and Anr. : (2009) 223 CTR (SC) 225 : (2009) 5 SCC 791. Mr. Alok Aradhe, learned senior counsel and Mr. Sumit Nema, learned Counsel were appointed as amicus curiae.2. Be it noted, there is no dispute over the fact that the appeals have been preferred beyond the period of limitation.3. The centripodal question that emerges for consideration is whether the High Court can condone the delay and if the delay is not condonable, there is no justification for granting time to file an application for condonation of...
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