Court : Madhya Pradesh
Reported in : 1952CriLJ887
Chaturvedi, J.1. This reference to the Full Bench arises from a Government appeal filed under Section 417 of the Criminal Procedure Code against an order of the Sessions Judge, Dhar, acquitting the respondents of the charges under Sections 304, 392 and 302, Indian Penal Code. The respondents were convicted under Section 304, part 2 and an appeal filed by them against their conviction was dismissed by a Division Bench of this Court on 5.12.1949. Rege J. delivering the judgment of the Division Bench concluded his judgment in para 11 in the following words:I would, therefore, maintain the conviction and dismiss the appeal. The learned Government Advocate made a strong plea for alteration of the conviction to one under Section 302 of the Penal Code. The Government has not filed an appeal from the acquittal under Section 302 although such an appeal would be within time, and in the circumstances, I would not think of altering the conviction though I agree, this Court has the power in a prope...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1979CriLJ1485
Faizanuddin, JJ.1. This is a reference of the single Bench of this High Court which raises an important and indeed an interesting question relating to the powers of the High Court and the Court of Session to issue directions for grant of anticipatory bail to persons who have been released on bail during committal proceedings and have not yet been committed in custody to the Court of Session for trial, but who apprehend that they may at the time of committing the case to the Court of Session be remanded to custody by the committing Magistrate.2. In this reference we are not much concerned about the facts as they exist before the trial Court, but it would be appropriate to refer and state the essential part of the relevant facts in brief so as to appreciate the points at issue, properly and effectively.3. The factual aspect of this case which emerges out, giving rise to this reference is that one Keshev Ram Dubey lodged a report in the Police Station, Pawai against the four accused/appli...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009CriLJ3095
ORDERB.M. Gupta, J.1. Feeling aggrieved with an order dated 6/9/2007 passed by 4th Additional Sessions Judge, Gwalior in Criminal Appeal No. 164/07, this revision has been preferred by all the three petitioners. Vide impugned order, the learned Judge has affirmed an order dated 9/7/2007 passed by Judicial Magistrate First Class, Gwalior in criminal case No. 5279/2007, whereby the learned Magistrate has partly allowed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act') filed by respondent-Mamta Bhardwaj, the wife of the petitioner No. 1-Madhusudan Bhardwaj and has- (1) restrained the petitioners not to create any domestic violence with the respondent, (2) directed the petitioners to permit the respondent to share her residence in family house or in alternate, petitioner No. 1 to arrange suitable house of the same status for her, (3) directed the petitioners to execute their bonds of Rs. 10,000/- (Rs. Ten Thou...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP232; 2009(5)MPHT114
S.K. Gangele, J.1. The appellant has filed this appeal under Order 43 Rule 1(u) of the Code of Civil Procedure 1908, against the Judgment and decree dated 29-9-2006, passed by the II Additional District Judge (FastTrack), Sheopur, in Civil Miscellaneous Appeal No. 31-A/2006, quashing the compromise order dated 10-9-2000 passed by the Lok Adalat in Case No. 1/2000 in Civil Suit No. 186-A/1998.2. The plaintiffs Kashmir Singh, Ummed Singh, Sarvan Kumar Singh and Ramkrishna Singh filed a suit for declaration and permanent injunction. In the aforesaid suit initially the State of M.P. Tahsildar, one Sundara and Mahila Bhanwari Bai were defendants. Mahila Bhanwari Bai was the defendant No. 4. Subsequently, the name of defendant No. 3 Sundara, S/o Keshara, has been deleted. The plaintiffs pleaded in the suit that father of the plaintiffs Kalyan Singh had been in possession of the suit land and his possession was recorded up to Samvat 2027. He died on 6th June, 1991 and thereafter name of Deval...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1988CriLJ597
C.P. Sen, J.1. By this Order, M.P. No. 2292 of 1987 A. K. Handa and Anr. v. Union of India and Ors. is also disposed of.2. The petitioner is a commissioned officer in Indian Army, having been appointed on 9-2-1964 and he is at present holding substantive rank of Major. He was officiating as Lt. Colonel since 1-4-1984 and was posted as Commanding Officer, Depot Regiment (Corps of Signals) since 8-5-1984. For the year 1984-85, the GOC, MP B & O Area, headquarter Jabalpur, wrote an adverse confidential report dt. 16th May 1985 that while the petitioner's professional competence was very satisfactory and he appears to have had much potential, he would not vouchsafe for the officer's moral qualities, gets into shady financial deals with the money of his subordinates, and his integrity is questionable. Not likely to command respect. In view of this adverse confidential, he was reverted to his substantive rank of Major. The GOC also ordered Genral Court Martial (GCM) against him. The petition...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ493
P.K. Jaiswal, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short 'the Act') has been filed by the appellants-claimants who are father, mother, wife, sons and daughter of deceased Raj Narayan Vishwakarma, challenging the award dated 29.3.2000 passed by the Third Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 39 of 1993.2. Brief facts of the case are that on 8.6.1993 Raj Narayan Vishwakarma, driver of the mini truck bearing registration No. MP 04-D 0072 owned by Surendra Singh Rathore, the respondent No. 4 and insured by the respondent No. 5 had loaded a consignment of liquor from K.C.T. Drinks Pvt. Ltd. at Bhopal and left for Gwalior for delivering the same at Gwalior (along with Gopal Giri, employee of liquor company). On 9.6.1993 at about 11 a.m. when the said mini truck was 15 km away from Gwalior near brick kiln situated at Neemuch Dhaba on A.B. Road, at that time the truck driver Raj Narayan Vishwakarma was driving the truck very slowly...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1979)IILLJ401MP; 1979MPLJ561
ORDERG.P. Singh, C.J.1. Petitioner No. 1 in this petition under Article 226 of the Constitution is an association of officer-employees of Bank of India and petitioners 2 to 4 are officer-employees of the said Bank. The petitioners challenge the validity of Bank of India Officer Employees' (Conduct) Regulations, 1978, and Bank of India Officer-Employees' (Discipline and Appeal) Regulations, 1976.2. The Bank of India Limited was a company with limited liability constituted and incorporated under the Companies Act, 1882. By the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, the existing Banks, including the Bank of India Ltd., specified in column 1 of the First Schedule were nationalised. Section 3 of the Act constituted corresponding new Banks as specified in column 2 of the First Schedule. By Section 4 of the Act, the undertaking of every existing Bank stood transferred to and vested in the corresponding new Bank, As a result, the undertaking of the Bank of Indi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP161; 2001(2)MPHT393; 2001(2)MPLJ277
ORDERBhawani Singh, C.J.1. These Letters Patent Appeals (L.P.A. No. 209/2000, Optel Telecommunications Limited v. Union of India and others, L.P.A. No. 210/2000, Optel Telecommunications Limited v. Union of India and others and L.P.A. No. 211/2000, Optel Telecommunications Limited v. Union of India and others) are directed against order of the learned Single Judge dated August 4, 2000 dismissing the three Writ Petition Nos. 3406/2000, 3407/2000 and 3408/2000, filed by the appellant/petitioner.2. Petitioner Optel Telecommunications Limited is subsidiary of the M.P. State Electronics Development Corporation, an Undertaking of the Government of Madhya Pradesh, registered under the Indian Companies Act, 1956 with registered office at E-1, New Industrial Area, Phase II, Mandideep (Raisen). It manufactures optical fibre cables, Polythene Insulated Jelly Filled Cables and related accessories. Manufacturing of Optical Fibre Cables started in 1989 and it is a major supplier to various Governmen...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ692
Radke, A.J.C.1. This is an appeal against the conviction of the appellants under Section 21, Bhopal Public Safety Act, and Sections 147, 332 and 333, Penal Code read with Section 149 of the Code, by the Addl. Sessions Judge, Bhopal, sentencing them to various terms of imprisonment, all of which are to run concurrently. One Pannalal, who has also been similarly convicted and sentenced, has filed a separate appeal No. 45 of 1951, and this judgment will decide his case also.2. The facts of the prosecution story are that the District Magistrate, Bhopal, had banned the holding of meetings and taking out of processions under Section 15, Bhopal Public Safety Act, and yet in contravention of the order passed by the District Magistrate, the three accused, along with others, took out a procession on 21.12.1948, and were about to hold a meeting. While they were prevented from taking out the procession from the railway station to the city, they stopped at the level crossing. As they used force and...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT54
ORDERS.P. Srivastava, J. 1. Hakim Aaga Ali Ahmed, since deceased and now represented by his heirs and legal representatives, had filed the present writ petition feeling aggrieved by the order dated 16-7-1990 passed by the First Appellate Court whereunder it had dismissed his appeal challenging the judgment and order passed by the executing Court dated 16-11-1981, whereby rejecting his objections filed under Order 21 Rule 90, CPC, the sale of his residential house for satisfying a decree passed in the original Civil Suit No. 120-A/71 for the recovery of an amount of Rs. 1,598/- had been upheld. The heirs and legal representatives of the sole petitioner, since deceased, have prayed for the quashing of the aforesaid orders including the impugned proceedings relating to the auction sale held by the executing Court.2. The original record relating to the execution proceedings had been summoned by this Court. I have heard the learned counsel for the parties and have carefully perused the reco...
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