Court : Madhya Pradesh Gwalior
Decided on : Aug-04-2011
(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 preferred by accused/petitioner is directed against a Judgment dated 9 th August 2010 rendered in Criminal Appeal No. 41/2009 by the Additional Sessions Judge Chachoda, district Guna, setting aside thereby the Judgment of conviction and sentence dated 05 th January 2009 recorded in Criminal Case No. 223/2007 by the Judicial Magistrate First Class, Chachoda, district Guna, convicting the petitioner-accused for commission of offence under Sections 147, 325/149 (on two counts) and 323/149 (four counts and sentencing him to suffer six months' R.I. with fine of Rs.100/-, three years' R.I. with fine of Rs.100/- and again six months' R.I. with fine of Rs.100/- and in default to suffer additional rigorous imprisonments of one month, two months and one month, respectively. By the said impugned judgment while setting aside the conviction and sentence as mentioned herein-before, the case was remitted back to t...
Tag this Judgment!Court : Madhya Pradesh Indore
Decided on : Jul-01-2011
1. This writ petition has been preferred against the award dated 08.01.2007 under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act) by the MP Industrial Tribunal, Indore in Reference Case No.2/2006. 2. Relevant facts, which are not in dispute, are that the first party is a registered union in the name of Prantiya Rajya Parivahan Karmachari Sangh (Congress) (respondent No.1) whereas second respondent-Madhya Pradesh State Road Transport Corporation is established under Section 3 of the Road Transport Corporation Act, 1950. There was a memo of settlement (Annexure P/4) dated 03.02.1988 in Form 'M' as per Section 43 of the MP Industrial Relations Act, 1960 (hereinafter referred to as the MPIR Act) and Rule 44 of the MP Industrial Relations Rules, 1961. Settlement was arrived at after conciliation proceedings between the Managing Director, MP State Road Transport Corporation and the Madhya Pradesh Transport Workers Federation. Relevant terms of the sett...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-29-2011
1. This is a petition, under Article 226/227 of the Constitution of India, for issuance of :- (a) writ of mandamus or any other appropriate writ, order or direction declaring that the Lokayukt under the M.P. Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 (hereinafter referred to as “the Adhiniyam”) isonly a recommendatory body and not a prosecuting agency. (b) writ of certiorari or any other appropriate writ, order or direction quashing the entire proceedings held in file No.45/99 against the petitioner in the Lokayukt Sangathan as illegal and void ab initio. (c) writ of certiorari or any other writ, order or direction quashing the order, passed by Lokayukt directing the SPE for registering a case and proceeding further, as illegal and contrary to the provisions of the Adhiniyam. (d) writ of certiorari for quashing the FIR leading to registration of case as Crime No.37/07 at SPE Lokayukt, Bhopal in respect of the offences punishable under Section 13(1)(d) read with Section 13(2)...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-29-2011
1. This is a petition, under Section 482 of the Code of Criminal Procedure (for brevity ‘the Code’), for having the order-dated 23.03.2010 passed by Special Judge (under the Prevention of Corruption Act, 1988) (hereinafter referred to as ‘PC Act’) at Bhopal in Special Case No.1/08 rejecting the applications made by the petitioner for discharge nullified and also for quashing of the charge sheet, so far as it relates to him. 2. In that case, cognizance of the offences punishable under Sections 120B of the IPC and 13(1)(d) read with 13(2) of the PC Act has been taken against the petitioner, a superannuated officer of Indian Administrative Service, and co-accused Narsingh Mandal and Prakash Chand Sethi who, at the relevant point of time, wererespectively Chairman and Deputy General Manager (Store and Purchase) of M.P. State Road Transport Corporation (hereinafter referred to as “the Corporation”). 3. Relevant allegations, as contained in the charg...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-18-2011
1. On a reference by the learned Single Judge, Hon'ble the Chief Justice has constituted this Full Bench to answer the following reference: “(i) Whether the decision of the Division Bench in W.A.No.725/2007(Smt. Rahisha Begum v. State of M.P. & Others) is not a good law in view of the decision of the earlier Division Bench of this Court vide order dated 18-7-2005, passed in W.P.No.1273/2000 (State of M.P. and Others v. Ram Singh and another) (ii) Whether an employee is eligible for the benefit of family pension in accordance with the provisions of Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 after completing qualifying service in accordance with the provisions of Recruitment Rules framed by the concerned Department for work charged and contingency paid employees or in accordance with the definition of Rule 2 of Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 in regard to “contingency paid e...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Apr-13-2011
1. Being aggrieved by the Judgment and decree dated 31.7.1995 in Civil Suit No. 85-A of 1995 passed by 9th Additional District Judge, Jabalpur by which the plaintiffs have been declared to be the owners of the house in dispute and defendants have been directed to pay mesne profits of Rs. 2,200/- per month to plaintiffs, defendants No. 1 and 3 to 13 have preferred this appeal under Section 96 of the Code of Civil Procedure.2. It is not in dispute that Dwarkadas Bhatia was the owner of House situated at Lordganj, Jabalpur. The plaintiffs are his heirs. It was a big house. It is not disputed that house of Dwarkadas Bhatia was auctioned in two parts; one part in Civil Suit No. 39-B/48, which was purchased by Gyanchand on 27.6.1951, sale was confirmed on 18.10.1951 and thereafter, sale certificate was issued on 16.1.1952 by First Civil Judge Class II, Jabalpur. Second part of the house was auctioned on 16.11.1953, sale was confirmed on 24.3.1954 and thereafter sale certificate was issued in...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Mar-22-2011
1. This petition under Article 226/227 of the Constitution of India is directed against the order dated 09-06-2008 passed by First Additional Sessions Judge, Seoni, whereby Criminal Revision No. 7 of 2008 preferred by the petitioner has been dismissed and the order of confiscation passed by Authorised Officer-cum-Sub Divisional officer, Seoni, in Forest Offence No. 2802/04 dated 21-03- 2006 confiscating the tractor and trolly bearing Chasis No. 711188 M-3 EF 187 and affirmed in Appeal decided by Conservator of Forests/Appellate Authority, Seoni Circle, Seoni, has been upheld. Relevant facts briefly are that, on the intervening night 20-03- 2006 and 21- 03-2006 forest officers during course of patrolling at village Khursipar, South Seoni Forest Division (Territorial) apprehended tractor trolly bearing Registration No. MP-22-B/4588 carrying fresh 8 logs of Beeja wood measuring 0.811 cubic feet. Since the forest produce was being transported without any valid or authorised document, the s...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Mar-16-2011
(1) This order shall govern in all the above referred link cases.(2) Petitioners have prayed to quash the entire proceedings in Criminal Case No. 2021/2003 pending before the Judicial Magistrate Ist Class, Burhanpur, arising out of Crime No. 120/2000 registered by PS-City Kotwali, District-Burhanpur.(3). It is an admitted fact that Subrato Roy ( petitioner in M.Cr.C.No. 9421/2007) was posted as Incharge-Chief Engineer at Bhopal, Ram Kumar Maitra (petitioner in M.Cr.C.No.9424/2007) was also posted as Chief Engineer, Bhopal. V.K.Vaishnav (petitioner in M.Cr.C.No. 11602/07) was Executive Engineer at Regional Office, Indore, Harish Bagwaiya (petitioner in M.Cr.C.7672/08) was Assistant Engineer at Regional Office, Indore, and N.K. Jain (petitioner in M.Cr.C.No.11603/07) was Secretary of the Mandi Samiti, Burhanpur at the time of alleged incident.(4) The instant matters arise out of Resolution dated 1.10.96 passed by Krishi Upaj Mandi Samiti, Burhanpur. The Mandi Samiti resolved to construct...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Mar-04-2011
1- Petitioner, who has retired from the post of Deputy Chief Executive Officer, has filed this writ petition challenging the order-dated 8.1.2010 (Annexure P/10) by which refixation of pay has been ordered and certain benefits of pay fixation earlier granted on promotion to the post of Dy. Chief Executive Officer, are withdrawn and recovery ordered.2- Facts indicate that petitioner was initially appointed as LDC on 1.9.1968 in Municipal Council, Pipariya, where he worked upto 1982. In the meanwhile, in the year 1976 when Special Area Development Authority (hereinafter referred to as 'SADA'), Pachmarhi was constituted, the limit of this authority was extended to the area coming under Municipal Council Pipariya. Accordingly on the basis of the application submitted, petitioner's services were absorbed in SADA, Pachmarhi and petitioner was transferred to SADA, Pachmarhi in the capacity of Head Clerk. This fact is not in dispute. Vide order-dated 24.12.1982 Annexure P/1, two posts of Deput...
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