Madhya Pradesh Court July 2010 Judgments
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South Eastern Coalfields Ltd. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-07-2010
1. In these writ petitions, petitioner South Eastern Coalfields Ltd. has prayed for declaring notification dated 24th May, 1979 and notification dated 20th April, 1982 as ultra vires of Article 243Q of the Constitution and Section 5 of the Municipality Act, 1961. Alternative prayer has been made that it be held that coal mines of Jamuna and Kotma are out side the territorial jurisdiction of Pasan Municipality and the definition of village does not cover coal mines. Prayer has also been made to quash demand notice (P-4) demanding a sum of Rs. 57,72,800/- for a period of 10 years towards lighting charges, general fire tax and general sanitary tax under section 127 (c ), (d) and (e) of the Municipalities Act, 1961.2. Facts are similar in both the writ petitions, they are being narrated from W.P. No. 17301/2007. It is averred in the petition that erstwhile Rewa Durbar granted a lease for coalmining purpose to M/s ACC company in the year 1941, later on the coal mines were nationalized under...
Hemraj. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-06-2010
1. This appeal is directed against the judgment dated 1st November, 1995 passed by Additional Sessions Judge, Gadarwara in Sessions Trial No.32/93 convicting the appellant for the offence under Section 498-A, IPC and directing him to undergo rigorous imprisonment of two years with fine of Rs.500/-, in default of payment of fine, additional imprisonment of six months.2. As per prosecution story, deceased-Munni Bai @ Manorama was married with Hemraj in 1988. After about one and half year of the marriage, Shiv Prasad made a demand of Rs.10,000/- and present appellant-Hemraj of motorcycle while mother-in-law Laxmi Bai demanded Gold to the extent of seven tolas. Deceased Munni Bai said to his father Kharagram regarding such demand of dowry to which he shown his inability. While the deceased was with her parents, Hemraj came there to take her and demanded motorcycle. On some suggestions, he had become agreed to go with deceased. After about one month deceased wrote a letter to her father Kha...
Bagwant Singh Thakur. Vs. Anshu VishyA.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-06-2010
1. Complaining disobedience and breach of an order dated 13/04/05 passed in W.P. No.4560/05, petitioner has filed this contempt petition.2. Petitioner entered the service of Janpad Sabha, Patan, District Jabalpur as a teacher on 23/10/1953, he retired on 31/10/1983, it seems that between 23/10/1953 to 30/09/1963 petitioner was working in the Janpad Sabha, however after 01/10/1963 the school was taken over by the State Government. After his retirement on 31/10/1983 pensionary claim of the petitioner was settled, however while doing so, the period from 23/10/1953 to 30/09/1963 i.e. 10 years and 1 month was not counted for the grant of pensionary benefit by the State Government on the ground that during this period petitioner was not an employee of the State Government.3. It is seen from the records that various employees similarly situated had filed writ petitions and claimed counting of the period of service rendered in the Janpad Sabha for the purpose of grant of pensionary benefit. On...
BesahnA. Vs. Anchna and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-06-2010
1. The appellant/defendant No.1 has preferred this appeal under section 100 of the CPC, being aggrieved by the judgment and decree dated 6.8.09 passed by II Addl. District Judge Shahdol in Civil Regular Appeal No.26-A/09, affirming the judgment and decree dated 28.8.08 passed by Civil Judge Class-I, Burhar in Civil Original Suit No.5-A/2004, whereby the suit of respondent No.1 regarding agricultural land was decreed for declaration, possession, perpetual injunction and also for mesne profit.2. The facts giving rise to this appeal in short are that the respondent No.1 herein filed the aforesaid suit against the appellant by impleading respondent No.2 her sister and respondent No.3 State as defendants inter alia contending that the disputed land described in the annexed annexure with the plaint situated at village Malya, Tehsil Jaitpur, District Shahdol was given to one Indrajeet S/o Jhari Gond on Patta in settlement in Vikram Samvat year 1983-1993. Since then, such Indrajeet, being Bhum...
Chhotelal. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-06-2010
1. This appeal is directed against the judgment dated 18.10.1995 passed by the Special Judge, Chhatarpur in Special Case No.85/94, convicting the accused/appellant for the offence under Section 20(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and directing to undergo the sentence of 3 years R.I. with fine of Rs.10,000/-, in default 1 year R.I.2. As per the prosecution allegation, on the information of the informant, received on 07.05.1994 that the present appellant is cultivating the cannabis plants on a piece of land adjoining to his house situate near Rampur Ghat, Police Station Sarvai, District Chhatarpur, the prosecution agency has reached on spot and 130 cannabis plants were seized from the spot. The accused was present in his house, however, taken into custody. On [Criminal Appeal No.1514/1995] completion of investigation cannabis plants were sent for the F.S.L. report vide Ex.P-13 and by the report Ex.P-14 it was found...
Santosh. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-06-2010
1. This appeal is directed against the judgment dated 28.8.1995 passed by 1st Additional Sessions Judge, East Nimad, Khandwa in Sessions Trial No. 168/94 convicting the appellant for offence under sections 498-A of the IPC and directing him to undergo rigorous imprisonment of two years with fine of Rs.200/-, in default of payment of fine, additional rigorous imprisonment of one month.2. As per prosecution story, the appellant was married with Anita in the year 1985. After marriage she along with the appellant resided at village Pipalgone, district Khargone and thereafter they came to village Bhambarad where the accused started a tea shop along with Pan and Namkeen shop. It is alleged that the appellant demanded Rs.3,600/- from his wife for getting a tin put on shop and according to the prosecution the said amount was sent by the father-in-law of the appellant Gulab Singh (PW-1). It is further alleged that for getting government employment Rs.10,000/- was demanded by the appellant and i...
Chandra Gopal, and ors. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-06-2010
1. This appeal is directed against the judgment of conviction and order of sentence dated 19.10.1995 passed by Additional Sessions Judge to the Court of District & Sessions Judge, Hoshangabad in Sessions Trial No.139/94 convicting the appellants under Section 498-A of IPC and sentencing them to suffer rigorous imprisonment for three years each and fine of Rs.1000/- each, in default of payment of fine, further two months simple imprisonment.2. As per prosecution story, the incident took place on 19/4/1993 and FIR was lodged by the complainant- Ramesh Chandra (PW-2) on 29/5/1993 stating that his daughter Maya Bai who was married with Chandra Gopal, has died in other than natural circumstances. The demand of dowry, cruelty and harassment has been alleged against appellants, namely, Chandra Gopal and Leela Bai (mother-in-law of the deceased). It is said that the marriage was solemnized about four years ago from the date of incident and due to demand of dowry, the deceased committed suicide...
Bhura @ Rajkumar. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-06-2010
1. The aforesaid appeals are arising out of the same judgment therefore they are being disposed of by this common judgment.2. The appellants have preferred these appeals against judgment dated 17.5.2001 passed by the learned Second Additional Sessions Judge, Seoni in S.T. Nos. 159/99 and 110/2000 by which the appellants have been convicted under Section 302 read with Section 34 of the IPC and sentenced to undergo imprisonment for life.3. According to the prosecution, on 9.5.99 in the evening Vishnu (son of complainant) Kehar Singh (PW1) went towards field (Baadi) to answer the call of nature, when he was returning home, accused Sikri @ Chandra Kumar (AW2) who was carrying a lathi intercepted him, in front of the house of Bhangi Ahir (PW6) and abused him over the old dispute. On listening the altercation between them, Kehar Singh (PW1) came out from his house and saw that accused Bhura Gond (brother of Sikri), came with a lathi and both of them assaulted Vishnu. Vishnu fell down due to ...
M/S Sneh Dyechem Ltd. Vs. Madhya Pradesh State Industrial.
Court: Madhya Pradesh
Decided on: Jul-06-2010
1. Many a grounds have been raised by the petitioner in this petition under Article 226 of the Constitution wherein the challenge is to an order dated 16.112009 whereby in a proceeding drawn under the provisions of Madhya Pradesh Lok Dhan Shodhya Rashion Ki Vasuli Adhiniyam 1987 at the instance of respondent No. 1 for recovery of Rs.25,00,000/- along with interest Rs.37,68,033/- total Rs.62,68,033/- the Naib Tahsildar, Bairagarh, Bhopal turned down the objection raised by the petitioner for stay of proceedings in lieu of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (referred to as SICA 1985).2. The petitioner, however, has confined its challenge only to the extent that the proceedings under Adhiniyam 1987 to remain suspended till enquiry is pending under the SICA 1985 as per Section 22 of SICA 1985. Facts relevant for the present are that financial assistance of Rs.25 lacs was extended by the respondent to the petitioner to set up its industrial unit for m...
National Insurance Comp.Ltd. Vs. Sandeep Patel and anr.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-05-2010
1. This is an appeal preferred by the appellant, Insurance Company against the award of compensation by its judgment dated 14.5.2004 passed by the Commissioner for Workmen Compensation-cum-Labour Court, Jabalpur in Case No.142/03/WC/Non-Fatal.2. The facts leading to this appeal are that the respondent No.1 claimant, filed application claiming compensation on the ground that he has suffered the injuries on account of an accident arising out of and during the course of employment. On the relevant date, the claimant was serving as Conductor in Truck No.MUJ/2871 which met with an accident with the result the claimant suffered fracture in his left hand. He was aged 18 years and it was alleged that he used to earn Rs.5000/- per month.3. The Court below came to the conclusion that the claimant suffered injuries during course of arising out of employment. With regard to the injuries the claimant has examined Dr. Ravi Choudhary and his statement has been referred in para-9 of the judgment. This...
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