Madhya Pradesh Court February 2010 Judgments

Durgesh Chaurasiya Vs. Prakash Kushwah and anr.

Court: Madhya Pradesh

Reported in: 2010(2)MPHT369

ORDERIndrani Datta, J.1. Petitioner/plaintiff has preferred this petition under Article 227 of the Constitution of India challenging the order (Annexure P-l) dated 11-9-09 passed by 14th ADJ, Gwalior in M.A. No. 12/09 and order (Annexure P-2) passed by 10th Civil Judge Class-I, Gwalior in Civil Suit No. 2-A/09, dated 10-7-09 rejecting the application filed by petitioner/plaintiff under Section 151, CPC for referring to case to District Judge for transfer to the Competent Court and instead passing order to return to plaint under Order 7 Rule 10, CPC.2. Facts of the case in brief are that petitioner/plaintiff has filed a suit for declaration and permanent injunction against respondent/defendant No. 1. After trial of suit it was found by Trial Court that petitioner/plaintiff is owner of the suit but because he has not prayed for relief of possession suit was dismissed. Against the order of dismissal first appeal was filed by petitioner/plaintiff with an application under Order 6 Rule 17, ...

Vi Brij Fiscal Services P. Ltd. Vs. Registrar of Companies

Court: Madhya Pradesh

Reported in: [2010]155CompCas157(MP)

Shantanu Kemkar, J.1. This company petition has been filed under Section 560(6) of the Companies Act, 1956 (for short, 'the Act') read with Rules 92 to 94 of the Companies (Court) Rules, 1959 (for short, 'the Rules') seeking direction to the respondent, the Registrar of Companies, Madhya Pradesh and Chhattisgarh to restore the name of the petitioner-company in the register of the companies and consequential direction for restoration of the rights and liabilities of the company from the date of 'striking off' till the date of restoration of its name as if the name of the company was never struck off from the register of the companies.2. Notice of this company petition was issued and has been served on the respondent Registrar but no reply has been filed and none appeared for the respondent Registrar to oppose the prayer made in the petition.3. Briefly stated, the petitioner-company was incorporated on September 7, 1995, under the provisions of the Act as a company limited by shares. Aft...

Nazar Mohammad Vs. M.P. State Road Transport Corporation (Now M.P. Roa ...

Court: Madhya Pradesh

Reported in: 2010(2)MPHT527

ORDERHeard.1. Appellant has filed this writ appeal against the order dated 16-10-2008 passed by learned Single Judge of this Court in Writ Petition (S) No. 194/2007 by which the learned Single Judge has dismissed the writ petition filed by the appellant for grant of pension.2. The appellant was appointed as Carpenter in the year 1963 in Gwalior Engineering Works, Gwalior. Later on, his services were merged with Madhya Pradesh State Road Transport Corporation. He continued in service up to his retirement, i.e., 10-6-2000. The petitioner contended before the learned Single Judge that he is entitled pension in accordance with the provisions of Employees Family Pension Scheme, 1971, hereinafter referred to as the 'Scheme of 1971', as well as under the Employees Family Pension Scheme, 1995, hereinafter referred to as the 'Scheme of 1995'.3. The Union Government in exercise of powers conferred by Section 6-A of the Employees Provident Fund and Miscellaneous Act, 1952, hereinafter referred to...

Heeralal Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

U.C. Maheshwari, J.1. The applicant - accused has preferred this revision under Section 397, r/w Section 401 of Code of Criminal Procedure challenging his conviction and sentence under Section 420 of IPC. Initially Judicial Magistrate Ist Class Sagar on holding trial in criminal case No. 1172/99 convicted him under under Section 465 and Section 420 of IPC for one year RI with fine of Rs. 250/-, in default of it further one month RI and three years RI with fine of Rs. 500/-, in default it, further one month RI respectively under such Sections, vide judgment dated 17.11.1999. On filing the appeal, on re-appreciation of the evidence, the Sessions Judge, Sagar, vide judgment dated 29.12.1999 in Criminal Appeal No. 164/99 by allowing in part while acquitting the applicant from the charge of Section 465 of IPC by maintaining his conviction under Section 420 of IPC reduced his sentence upto to one year RI with fine of Rs. 500/- and in default of it further one month imprisonment.2. The facts ...

Bhikari Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Sushma Shrivastava, J.1. Appellant has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions Judge, Multai, District Betul in S.T. No. 94/2000, decided on 28.08.2002.2. Appellant has been convicted under Section 376/511 of IPC and sentenced to half of the term of the life imprisonment with fine of Rs. 100/-, in default further rigorous imprisonment for three months by the impugned judgment.3. According to prosecution, on 14.2.2000 about 12 'O'clock in the noon at village Karpa, prosecutrix had gone to her field to give water to her buffaloes. She had taken out the cattle from the hut and was sweeping there. At that juncture appellant Bhikari came there, sat in the hut and called the prosecutrix. When prosecutrix went to the appellant, he caught hold of her hand, fell her down and pressed her breast. When prosecutrix shouted, appellant insisted her for sexual intercourse, undressed her and committed forcible sexual intercourse with her. On ...

Mahavir Traders Vs. Divisional Railways Manager and ors.

Court: Madhya Pradesh

Reported in: AIR2010MP59

R.S. Garg, J.1. The petitioner being aggrieved by the demand notice dated 1-7-2006 (two in number) has filed the present petition on the ground that such demand is absolutely illegal and is based upon no evidence or is based upon alleged evidence which has been collected behind the back of the petitioner and the respondents have reached to a conclusion against the interest of the petitioner without providing him any opportunity of hearing.2. The short facts necessary for disposal of the present petition are that the petitioner for transportation of the coal from Akaltara Bilaspur Division (Chhattisgarh) to Jhukehi in Satna Division (Madhya Pradesh) had booked certain Railway wagons. At least on eleven occasions the petitioner transported coal from Akaltara to Jhukeni. It is to be noted that at the place of loading of the coal, facility of weighbridge is not available with the railways and similarly, facility of weighbridge at Jhukehi is also not available. It appears that after the coa...

Aliya Amma (Smt.) Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Reported in: 2010(2)MPHT371

ORDERN.K. Mody, J.1. This petition is filed by the petitioner under Section 482 of Cr.PC for quashment of FIR registered at Crime No. 165/09 for the offence alleged to have been committed under Sections 304-A and 420 of IPC at Police Station, Kumbhraj, District Guna.2. Short facts of the case are that the petitioner is a Nurse by profession and is working at Civil Hospital, Chachoda, Kumbhraj. On 3-7-09, the complainant Dheraj Singh Meena lodged a complaint that Suvitabai, daughter-in-law of the complainant was pregnant lady and she was due for delivery, therefore, she was admitted at Civil Hospital, Chachoda, Kumbhraj. It was alleged that because of the fact that the Nurse on duty did not refer Suvitabai to District Hospital, Guna, therefore, she died. It was alleged that the Nurse on duty committed an offence which is punishable. Upon complaint, a case has been registered against the petitioner for the offence under Sections 304-A, 420 of IPC.3. Shri Sameer Kumar Shrivastava, learned...