Madhya Pradesh Court May 2011 Judgments
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Lakhan Lal Patel. Vs. Mr. Radheshyam Julaniya
Court: Madhya Pradesh
Decided on: May-05-2011
1. This application has been filed and registered as an independent case titled Contempt Case (Civil). A detailed order has been passed today in another case, clarifying the law of procedure on this issue in Contempt Petition(Civil) No. 1646 of 2007. For ready reference the relevant part of that order is reproduced below : 2. “Alleging violation of an injunction issued in a ‘Second Appeal’, this contempt petition was filed and registered as an independent case titled “Contempt Petition (Civil)” under Section 12 of the Contempt of Court Act, 1971. Subsequently, upon an application made by the petitioner it was allowed to be converted to an application under Order 39 Rule 2-A of the Code of Civil Procedure, and accordingly the section under which the case had been filed namely section 12 was altered to Order 39 Rule 2-A. Thus it remained an indpendent case. 3. According to proper procedure, the petition under Section 12 should have been dismissed or should h...
inklab Chaturvedi. Vs. Ansar Mohammad
Court: Madhya Pradesh
Decided on: May-05-2011
1. I have heard counsel for the petitioner and learned counsel for the respondent. 2. The argument of the learned counsel for the petitioner is that in view of the Explanation in section 138 of the Negotiable Instrument Act only a debt or liability which is legally enforceable can form a subject matter of the dishonour of a cheque. He submits that in this case, the money for which cheque was issued was alleged to have been paid for procuring a job in the police department and therefore, this money which had been paid to the accused was not legally recoverable. The argument in more precise terms means that the agreement under which money was paid was void because its object was not lawful’vide section 10 and 23 of The Indian Contract Act, 1872. 3. The argument overlooks that under section 65 of the Indian Contract Act, when an agreement is discovered to be void or a contract becomes void, any person which has received any advantage under the such an agreement or contract is bound ...
Ms. M. Manoj Kumar and Co. and Another Vs. Director of Income Tax (inv ...
Court: Madhya Pradesh
Decided on: May-05-2011
1. This writ petition under Article 226 of the Constitution of India has been preferred against the warrant of authorization dated 11.06.2007 issued under Section 132A (1) of the Income Tax Act, 1961, whereby respondent No.1 requisitioned the amount of Rs.36,00,000/- seized from petitioner No.2 by Police Station Incharge, Chandan Nagar Police Station, Indore. 2. Briefly stated relevant facts are that at about 2.45 AM on 10.06.2007, the City Superintendent of Police, Indore intimated telephonically the ITO (Investigation) about the seizure by Police Station In-charge of Chandan Nagar Police Station, Indore of cash amount of Rs.1,23,50,000/- from the possession of four persons on checking of luxury bus number MP-41 P-0150, which was scheduled to Ahmedabad from Indore. A request was made by the Income Tax Officer (Investigation), Indore to the Police Station In-charge of Chandan Nagar Police Station that the department has started enquiry with regard to the sources of seized amount and th...
Abhilash Koushal Tripathi. Vs. Ranjit Jain
Court: Madhya Pradesh
Decided on: May-04-2011
1. Shri Devesh Bhojne, learned counsel for the applicant. 2. Heard the learned counsel for the applicant on the question of admission. 3. By means of this application the applicant has sought restoration of Writ Appeal No. 119/2011 which has been dismissed for non-compliance of peremptory order dated 24-3-2011. 4. It is submitted by the learned counsel for the applicant that at the relevant time he was out of station in order to attend the pregnancy problem of his wife and, therefore, he could not make the default good in compliance of this Court's order dated 24-3-2011 which resulted in dismissal of the appeal. He submitted that non-compliance was not intentional and prayed for restoration of the appeal. 5. It is settled law that the party should not be made to suffer for the fault on the part of the counsel ( Rafiq and another vs. Munshilal and another, AIR 1981 SC 1400 and Secretary, Department of Horticulture, Chandigarh and another vs. Raghu Raj, AIR 2009 S...
Shyamvati Kushwaha Vs. Shobhav Dev Vishwakarma
Court: Madhya Pradesh
Decided on: May-04-2011
1. Since contesting parties are served, with their consent the matter is heard finally. 2. This petition under Article 227 of the Constitution of India is directed against order dated 30-08-2010 passed by Specified Officer in Panchayat Election Petition No. 03/ C 744/2009-2010. 3. Petitioner herein got elected as Sarpanch, Gram Panchayat Bhaiswar, district Satna, in election held on 18-01-2010. 4. Respondent No. 1 aggrieved of petitioner's election as Sarpanch filed an election petition under section 122 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. 5. Along with the petition, she affixed the court fee stamps of Rs. 500/-, in place of depositing the security amount of Rs. 500/-. Later on with the leave of Specified Officer granted on 31-05-2010 respondent No. 1 deposited the amount of Rs. 500/- vide challan dated 01-06-2010. 6. The petitioner on being served with the notice of election petition raised objection under rule 8 of the Panchayats (Election Petitions, Corrupt Practi...
State of Madhya Pradesh Through Station House Offi Vs. Devi Singh Son ...
Court: Madhya Pradesh
Decided on: May-04-2011
1. Per Justice Brij Kishore Dube The judgment of absolviter dated 24 th November,1997 passed in Sessions Trial No.174/1992 (State of Madhya Pradesh v. Devi Singh and others) by the Additional Sessions Judge, Mungawali, District Guna, acquitting the respondents / accused including the deceased respondents from the charge under Sections 148, 302 in the alternate 302/149, 307 in the alternate 307/149, 323/149 of IPC and further acquitting the respondent Shivraj Singh from the charge under Section 27 of the Arms Act, has been made pivot in this appeal filed by the State of Madhya Pradesh under Section 378(3) of the Code of Criminal Procedure, 1973, after obtaining leave to file appeal. 2. During the pende...
Sanjay Dwivedi. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-04-2011
(1). This petition has been filed under Section 482 of Cr.P.C.to invoke the extra ordinary jurisdiction of this Court to expunge the adverse remarks passed against petitioner Sanjay Dwivedi in paragraph 20 of judgment dated 16.09.08 delivered in ST No. 143/2008 by the 6 th Addl.Sessions Judge to the Court of 2 nd Addl. Sessions Judge, Sagar, Camp at Rahli. (2) Learned counsel appearing for petitioner submitted that petitioner was the Incharge of PS-Garhakota, District-Sagar. In the instant case, the Investigating Officer Krishnkant Mishra who was posted as ASI at the relevant time conducted the entire investigation, only challan was filed by the petitioner in the case, and in the trial of ST No.143/08 said Krishnkant Mishra was- 2 - examined as a prosecution witness no.7. Petitioner was never examined and no opportunity was given to him of being heard and certain remarks were passed against him by the learned trial Judge in his judgment in para 20 in which not only strictur...
Chetanand Pathak Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-03-2011
1. Challenging the order-dated 18.1.2008 as contained in Annexure P/10, reducing the pay of the petitioner from the scale 90-170 to 60-80 retrospectively with effect from the date the pay scale was granted to him on 30.9.1982, petitioner has filed this writ petition. 2. From the facts that have come on record, it is seen that petitioner was appointed vide order-dated 28.4.1981 - Annexure P/1, as a temporary tool room attendant, in the then existing pay scale of 60-80. Subsequently, the State Government vide Annexure P/2 dated 30.8.1978 sanctioned various posts in the work charged establishment alongwith various pay scales as is evident from the statement annexed to the said document. In Item No.29 of the said statement, 14 posts of tool room attendant in the work charged establishment was sanctioned and the pay scale prescribed for the said post was 90-170. In pursuance to the vacancy so notified vide Annexure P/2, records indicate that a Screening Committee was constituted for s...
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