Madhya Pradesh Court March 2010 Judgments

Kishore Goyal Vs. Hanif Patel

Court: Madhya Pradesh

Reported in: 2010(2)MPHT426

ORDERN.K. Mody, J.1. Being aggrieved by the order dated 17-7-2009 passed by JMFC, Indore in Criminal Case No. 15233/2009, whereby the application filed by the petitioner for dismissal of the complaint was dismissed, the present petition has been filed.2. Short facts of the case are that the respondent filed a complaint under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as 'NI Act') alleging that a cheque was issued by the petitioner for a sum of Rs. 1,00,000/- on 10-9-2007 in favour of Kudrat Patel, father of the respondent. It was alleged that the cheque was presented by the respondent for collection through its banker which was returned by the concerned Bank with a memorandum bearing remark 'account closed'. It was alleged that vide notice dated 20-11-2007 demand was made by the respondent but neither the notice was replied nor the cheque amount was paid, thus, petitioner committed an offence alleged to have been committed under Section 138 of NI Act...

Ahsan-ur-rehman and Mridulata Mishra (Smt.) Vs. the M.P. State Co-oper ...

Court: Madhya Pradesh

Reported in: 2010(2)MPHT503

ORDERR.S. Garg, J.1. The petitioner who was member of respondent No. 2 Shaskiya Mudran Karmachari Grah Nirman Sahkari Sanstha Maryadit, Bhopal, has filed this writ petition before this Court being aggrieved by the order dated 18-5-2007.2. The facts giving rise to this petition are that the petitioner being member, had obtained certain allotments in his favour vide resolution dated 26-3-2000. The respondent- Society, in its general meeting resolved to enhance the development charges from Rs. 16 per square feet to Rs. 28 per square feet. The petitioner, despite appropriate information, did not deposit the enhanced amount, therefore, in the Board meeting dated 3-1-2008, he was expelled from the membership of the Society under Section 19-C of the Act. The order of expulsion was challenged by the petitioner before the Deputy Registrar, who vide his order dated 21-10-04 dismissed the said matter treating that to be an appeal under Section 19-C (1-A) of the Co-operative Societies Act. The pet...

The New India Assurance Company Limited Vs. Budhsen Mishra and ors.

Court: Madhya Pradesh

Reported in: 2010(2)MPHT509

ORDERSanjay Yadav, J.1. The appellant, Insurance Company calls in question the legality of the award dated 31-7-09 passed by Additional Motor Accident Claims Tribunal (Fast Track Court), Rewa in MVC Case No. 42/09, whereby, in lieu of death of Surendra Kumar, awarded the compensation of Rs. 3,49,000/-.2. Sole ground on which the appellant questions the award is that the death of Surendra Kumar was not arising out of motor accident but was murdered.3. Facts giving rise to the claim for compensation and passing of award thereof, briefly are that, on 28-10-05 at Village Baillwa Paikkon on NH-7 opposite shop of Birjwasi Singh at 7:30 p.m., on the road, Surendra Kumar (the deceased) was engaged in chit-chatting with one Dhirendra Singh when one Rajrakhan Singh came from his house and started talking with Surendra Kumar during course whereof he, i.e., Rajrakhan Singh pushed Surendra Kumar towards the Highway and at that very moment he was run over by truck bearing Registration No. UP-70U-934...

Hanish Kukreja Vs. State of Madhya Pradesh and ors.

Court: Madhya Pradesh

Reported in: 2010(2)MPHT522

Prakash Shrivastava, J.1. In this writ petition, the petitioner has prayed for a direction for holding his NRI sponsorship to be valid and further holding his admission in B.E. course under Non-Resident Indian (NRI) quota as valid.2. The petitioner had made an application for admission in B.E. first year course in the respondent No. 5 Institute of Engineering and Technology, Indore against NRI quota. The petitioner was offered provisional admission against NRI quota on 14-8-2009. The petitioner was sponsored by his first cousin, i.e., his mother's sister's son, who is an NRI. His admission was later on cancelled. The petitioner alleges that the cancellation was not communicated to him. He, therefore, approached this Court by way of the present writ petition.3. The writ petition was opposed by the respondent Nos. 3 and 4, i.e., Rajeev Gandhi Technical University and Engineering Courses Counselling Authority (ECCA), by taking the plea that the admission offered by the respondent No. 5 to...

State of Madhya Pradesh Vs. Kanhaiyalal

Court: Madhya Pradesh

U.C. Maheshwari, J.1. This appeal is directed on behalf of the appellant/ State under Section 378 of Cr. P. C. being aggrieved by the judgment dated 13.12.1994 passed by the Judicial Magistrate First Class Begumganj, District Raisen in Criminal Case No. 183/90 acquitting the respondent from the charge punishable under Section 304-A of IPC.2. As per case of the prosecution on 17.5.1990, the deceased Kallu and his father Moolchand (P.W. 1) were coming from their village to Begumganj by the Bullock Cart, on reaching from approach road to Barra Road said Kallu stepped down from the Bullock Cart and while he was crossing the road for other side to have the drinking the water the alleged offending bus bearing registration No. CIF-244 driven by the respondent in a rash and negligent manner came there and dashed him, resultantly, he sustained injuries and succumbed to it on the spot. On lodging the report by his father Moolchand (P.W.1) after preparing the spot map and inquest Panchnama the de...

Narsingh Narayan Vs. State of Madhya Pradesh

Court: Madhya Pradesh

U.C. Maheshwari, J.1. This appeal is preferred under Section 374 (2) of the Cr.P.C. on behalf of the appellant accused being aggrieved by the judgment dated 30.6.1995 passed by IIIrd Additional Sessions Judge, Satna in Session Trial No. 80/92 convicting and sentencing the appellant under Section 324 of IPC for RI three years with fine of Rs. 500. In default of depositing the fine further three months SI has been awarded.2. As per case of the prosecution on dated 13.4.1992 at about 5.30 in the evening on grazing land of the village lalahach Gohirabandh. The complainant Hariom Narayan was subjected to beating by the present appellant accompanied with the acquitted co-accused by means of different implements, which were in the hands of the accused, out of them, the appellant caused him the blow of Gadasa. Resultantly, the complainant sustained injuries. He was taken to hospital where his MLC report was prepared. In this regard FIR, Ex. P-3 was initially registered at city Kotwali, Satna, ...

UjjaIn Charitable Trust Hospital and Research Centre and ors. Vs. Stat ...

Court: Madhya Pradesh

Reported in: 2010(2)MPHT495

R.S. Garg, J.1. This judgment shall dispose of W.P. No. 6848/2008, Ujjain Charitable Trust Hospital & Research Centre v. State of Madhya Pradesh and Anr. W.P. No. 12332/2008, Choithram Hospital & Research Centre v. State of Madhya Pradesh and Ors. W.P. No. 4808/2009, Bansal Blood Bank and Pathology Centre v. State of M.P. and Ors. W.P. No. 6889/2008, M/s. Tata International Ltd. v. State of Madhya Pradesh and Anr. W.P. No. 9098/2008, Chamunda Standard Mills v. State of Madhya Pradesh and Anr. and W.P. No. 4347/2009, Kach Motors Pvt. Ltd. v. State of Madhya Pradesh and Anr..2. All the petitioners being aggrieved by notification dated 30-4-2008 fixing the minimum wages for Clerks Grade-I, Clerks Grade-II, Skilled Labour, Semi-skilled Labour and un-skilled Labour, have come to this Court with a submission that the State Government did not constitute an Advisory Board as required under Section 5 of the Minimum Wages Act, 1948, therefore and as Notification (Exh. P-5) was in relation to uns...

Ganesh Mines Private Limited Vs. the State of Madhya Pradesh and anr.

Court: Madhya Pradesh

Reported in: 2010(2)MPHT443

ORDERAjit Singh, J.1. This petition under Article 226 of the Constitution is directed against the order dated 9-4-2007, Annexure P-l, passed by the State Government (respondent No. 1) whereby it has rejected the petitioner's application for grant of mining lease and allowed the application of respondent No. 2.2. Briefly stated the facts giving rise to this petition are that on 22-1-1999, respondent No. 2, which is a partnership firm applied for the grant of mining lease in respect of forest land bearing Compartment No. 808 area 5 hectares Village Chatera, District Balaghat. The application was filed under Rule 22 of the Mineral Concession Rules, 1960 (in short 'the Rules') in prescribed Form I for the mining manganese ore. The petitioner is a private limited company registered under the provisions of Indian Companies Act. It came into existence on 10-7-2006. On 17-10-2006 the petitioner also in Form I, applied for the grant of mining lease in respect of the same land and ore. Both the ...