Madhya Pradesh Court July 2015 Judgments
Bhupendra Singh Vs. Saket Kumar and Another
Court: Madhya Pradesh
Decided on: Jul-31-2015
Aggrieved by order dated 22.12.2014 passed in unregistered Criminal complaint Case (Bhupendra Singh v. Saket Kumar) under Section 138 of Negotiable Instruments Act by learned JMFC, Vidisha, the complainant has preferred this revision under Sections 397 and 401 read with Section 482 of Cr.P.C. for setting aside the impugned order and to restore the criminal complaint case. 2. The factual matrix of the case is that the complainant/petitioner filed a complaint case under Section 138 of Negotiable Instruments Act claiming dishonour of cheque issued by the respondent on 15.01.2008. The complaint case was pending since 07.03.2008. Despite orders, the complainant failed to pay process fee for summoning the accused/respondent since 30.12.2013. On 22.12.2014, the complainant/petitioner filed an application for issuing perpetual warrant against the accused/respondent. By the impugned order held that the criminal case is pending for more than 5 years and since 30.12.2013, the petitioner/complaina...
Tag this Judgment!Sikandar Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-30-2015
1. The appellant has preferred the present appeal being aggrieved with the judgment dated 3.7.1997 passed by the Sessions Judge, Raisen in S.T.No.44/1995, whereby the appellant has been convicted of offence under Section 304 (Part-2) of IPC and sentenced to 7 years rigorous imprisonment. 2. The prosecution s case, in short, is that, on 29.7.1994, at about 00.30 a.m., the deceased Prem Singh as well as the appellant were working in Ralson Factory, Mandideep, which was a tyre factory. Suddenly, the victim sustained an injury on his neck by sharp cutting weapon. Ramdhani Paswan, Shift Incharge rushed to the spot and with the help of Jung Bahadur and Bheem Singh, the deceased Prem Singh was sent to Hamidia Hospital, Bhopal in a vehicle. However, the deceased Prem Singh had expired. A merg intimation, Ex.P/10 was recorded at Police Station Mandideep, Bhopal on the basis of information given by Radio Operator, Non-Urban Control, Bhopal. On the same day, at about 9.40 a.m., Ramdhani Paswan ha...
Tag this Judgment!Ram Bhan Patel Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-27-2015
1. The appellant has preferred the present appeal being aggrieved with the judgment dated 1.2.1997 passed by the Fourth Additional Sessions Judge and Special Judge under SC/ST (Prevention of Atrocities) Act, Rewa in Special Case No.18/1996, whereby the appellant has been convicted of offence under Section 376 (2) (g) and 506-B of IPC and sentenced to 10 years' rigorous imprisonment with fine of Rs.500/- and 1 year's Rigorous Imprisonment with fine of Rs.200/-, in default of payment of fine 2 months simple imprisonment for each count. 2. The prosecution's case, in short, is that, the prosecutrix (P.W.1) was an unmarried girl, who was residing with her parents at village Madhyepur (Police Station Churhata, District Rewa). On 29.3.1996, she went to an open field to answer the call of nature. When she was coming back to her house, the appellant Ram Bhan Patel held her, closed her mouth by inserting a piece of cloth in the mouth and took her into the house of one Ram Kripal. The appellant R...
Tag this Judgment!Jallu Bind and Others Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-27-2015
1. The appellants have preferred the present appeal being aggrieved with the judgment dated 15.1.1997 passed by the 1st Additional Sessions Judge, Shahdol in S.T. No.7/1995, whereby the appellant nos.3 and 4 have been convicted of offence under Section 489-C of the IPC and sentenced to three years' R.I. with fine of Rs.300/-, whereas the appellant no.2 has been convicted of offence under Sections 489-B and 489-C of the IPC and sentenced to ten years' R.I. and three years' R.I. respectively with fine of Rs.300/-. 2. The prosecution's case in short is that the complainant Ramesh Singh (PW-1) had a shop of grocery at village Rajnagar (Police Station Bijuri District Shahdol). On 2.9.1994 at about 10:00 a.m., the appellant Hari Narayan came to his shop and gave a fake currency note of Rs.100/-. The complainant Ramesh Singh gave him the articles required by the appellant Hari Narayan and also returned a sum of Rs.20/- to him but immediately, he found that the currency note was fake and there...
Tag this Judgment!Punnaram and Others Vs. Shrichand Prabhu Digambar Jain Mandir Trust Sa ...
Court: Madhya Pradesh
Decided on: Jul-24-2015
1. In view of commonality of the issue involved, on the joint request of the parties, matters were analogously heard and decided by this common order. 2. Facts are taken from W.P.No.7404/2013. 3. This petition filed under Article 227 of the Constitution is directed against the order dated 16.09.2013, whereby, the application filed by the petitioner/defendant under Section 13 (1) and 13 (2) of M.P. Accommodation Control Act, 1961 (for brevity, the 'Act of 1961') has been dismissed. 4. The respondent/plaintiff instituted the suit for eviction and for recovery of rent against present petitioner. It is pleaded by him that he is trustee of a registered trust. The said trust is registered under the provisions of M.P. Public Trust Act. 5. In the plaint, the present petitioner, is descried as a defendant of suit shop at the rate of Rs.1,325/- per month. It is stated that by resolution dated 16.12.2012, the trustee have decided to enhance the rent to Rs.2,000/- per month. It is stated that plai...
Tag this Judgment!Officer-in-Charge Vs. Laxmi Bai
Court: Madhya Pradesh
Decided on: Jul-20-2015
1. The Petitioner has filed this Petitioner against the Award dated 4.7.2014 by which the Labour Court has awarded a Compensation of Rs 1 lac in lieu of reinstatement after holding that the termination of the Respondent was in violation of Section 25-F of the Industrial Dispute Act 1947 (in short the Act of 1947 ). The Petition is listed on an Application filed by the Respondent in regard to non compliance of Section 17 of the Act of 1947 and some of the petitions are listed on admission. The Court has issued of the parties, the Petition is heard on admission. 2. The appropriate Government vide Order dated 14.7.2005 in exercise of powers under Section 10(1) of the I.D. Act 1947 referred the dispute to the Labour Court for adjudication that whether the termination of service of Respondent, Smt. Laxmi bai was proper or not and what relief she was entitled for. 3. Before the Labour Court the Respondent pleaded that she was engaged as Labour in the year of 1978 and her services were termin...
Tag this Judgment!Jeevan Singh and Another Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jul-15-2015
1. The petitioners have filed this petition against the order Annexure P- 1. By the aforesaid order, the allotment of plots in favour of the petitioners, in pursuance to earlier auction have been cancelled. The petitioners further prayed a relief that a Mandamus be issued in their favour directing the respondents to execute the sale deeds of the plots which were allotted to them in an auction conducted in the year 2010. 2. There was an old fruits and vegetables market situated at Bhopal in the name of Nabhahar Sabji Mandi. It was within the area of heart of the city. Due to increase of population of the city, the Government decided to establish a new market yard for fruits and vegetables traders comprising area of 56 acres of land at the place named as Karond. On 9.11.2000, a notification under Section 3 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam 1972, hereinafter referred as Adhiniyam of 1972, was issued for the purpose of establishment of market an auction was held in the year...
Tag this Judgment!Umang Choudhary Vs. The State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-15-2015
1. This Miscellaneous Criminal Case has been instituted on application under Section 482 of the Cr.P.C. filed for quashing the charge-sheet and proceeding in the Sessions trial No.558/2014 pending in the Court of Shri M.C. Soni, Additional Sessions judge, Jabalpur, (M.P.). 2. It has been submitted here by that the complainant/respondent No.2 Rashmi Shrivas lodged a first information report in P.S. Vijaynagar, District Jabalpur, to the effect with Key Electronic and System Private Limited, Mumbai, which also had a branch office in Noida, represented by accused persons Mukesh Bhardwaj, Punit Gaur, Aman Singh Yadav, Sandeep, Kishore Dhanraj, Ajay, Amit Suhag, Shahil Batra and Bhavna Bansal claiming to be Broker, Marketing Director, Company Head, Director, Manager, Technician etc., cheated the complainant/respondent No.2 Rashmi Shrivas into opening a showroom as franchisee of aforesaid Key Electronic and System Private Limited at Home Science College Road, Right Town, Jabalpur. She paid Rs...
Tag this Judgment!Narayan Das and Others Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jul-15-2015
1. In view of commonality of issues involved, with the consent of parties, matters were finally heard and decided by this common order. Facts are taken from W.P.No.5132/12. 2. The petitioner was employed as a daily rated employee on 4.7.1989. He worked till 30.11.1990. Thereafter, pursuant to policy of State Government to terminate the daily rated employees who were engaged after 31.12.1988, the petitioner was terminated on 30.11.1990. The Government lateron decided to reinstate such employees. Accordingly, w.e.f. 28.2.2004 the petitioner was reinstated in service. He was again terminated on 15.5.2005. The petitioner approached the Labour Court against this termination dated 15.5.2005. The Labour Court allowed his application in part and directed his reinstatement with back wages. In obedience of this order, the petitioner was reinstated by order dated 26.6.2012. Thereafter, by impugned order dated 4.7.2012, the petitioner is directed to be terminated. 3. Shri K.N.Gupta, learned senior...
Tag this Judgment!Manish Kumar Verma Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jul-13-2015
1. This petition filed under Article 226 of the Constitution, challenges the order dated 16.06.2009 (Annexure P/1), whereby petitioner's application for grant of compassionate appointment is rejected by the department. 2. Shri V.K. Bhardwaj, learned senior counsel, submits that the petitioner's father was working in the respondent department. He submitted an application seeking voluntary retirement (Annexure P/4). It is submitted that the application itself shows that it was preferred on medical grounds. The respondents by order dated 15.04.2009 (Annexure P/5), granted permission for voluntary retirement. Thereafter by application dated 18.05.2009 (Annexure P/6), it was prayed that present petitioner be given compassionate appointment. It was wrongly turned down on the ground that it cannot be granted to dependents of employees who were voluntarily retired. 3. Criticizing this order, reliance is placed on clause 10 of the policy dated 10.06.1994 (Annexure P/7). It is submitted that pet...
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