Court : Madhya Pradesh
Reported in : 1999CriLJ3455
ORDERDipak Misra, J.1. Extinction of one's liberty amounts to crucifixion of one's soul. Because of this feeling a noble soul had demanded 'Give me liberty or give me death'. It is a cherished ideal that echoes the inner desire of every human soul. No one would like to bArticleer it for the entire wealth of the world. The cause of liberty is treated as the cause of the creator. One's freedom, may be that of an accused or a convict can be curtailed in accordance with the terms of procedure established by 'law' but how long that, curtailment should continue as far as an accused is concerned is the seminal question that arises for consideration in this application for obtaining concession of bail-third attempt by the petitioner who has been arraigned as an accused in Crime No. 21/97 instituted for offences punishable under Sections 302, 147 and 148/149 of the Indian Penal Code (in short 'IPC'). The singular contention is that the delay in disposal of the trial in S.T. No. 86/97 entitles t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005CriLJ73
S.L. Jain, J.1. Appellants Sheikh Bashir and Sheikh Shafiq, who stand convicted under Section 302, IPC read with Section 34 thereof with sentence of imprisonment for life vide impugned judgment dated 11-3-89 passed by the Second Additional Sessions Judge, Bhopal, in Sessions Trial No. 98/86, have filed this appeal under Section 374(2) of the Code of Criminal Procedure.2. The prosecution case, in brief is that on 30-10-87 at about 12.00 o'clock in the afternoon the plouging operation was going on in the field of deceased Sheikh Nasir, known as 'Raghunathwala khet'. Deceased Shekih Nasir along with Sayed All (PW-10), Sheikh Mohd. alias Gutkay (PW-12) and Sheikh Rafique (PW-14) was ploughing the field. Sheikh Haneef (PW-9) and Sheikh Rayees (PW-11) were engaged in agricultural operations in the adjoining field. Appellant Sheikh Basheer his two sons namely, Sheikh Shafiq, appellant No. 2, and Sheikh Sharif and his brother-in-law, Sheikh Rehman reached the spot.3. Appellants Sheikh Bashir a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006]69SCL28(MP)
A.M. Sapre, J.1. This is a company petition filed by two companies known as M/s. Siddharth Soya Products Pvt. Ltd. (for short hereinafter called as transferee company) and M/s. Nobal Grain India Pvt. Ltd. (hereinafter called as transferor company). It is filed under Section 391, read with Section 394 of the Companies Act, for according sanction by the court for the Scheme of arrangement/amalgamation/merger whereby entire business of manufacturing, processing and refining Soyabean Oil Seeds and other vegetable oil and other business as set out in detail in memorandum and Article of Association as also in scheme (Exhibit - A) of Transferor company shall amalgamate/Merge/Vest with the Siddharth Soya Products Private Limited ie., Transferee Company on the terms set out in the Scheme of amalgamation (Exhibit - A).2. The Scheme of Amalgamation is sought to strengthen and consolidate the position of the amalgamated/resulting Company which will enable the amalgamated/resulting Company to parti...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ3718
ORDERDipak Misra, J.1. The petitioners, namely, Sushil Kumar, s/o Shri Chand Mal and Sunil Kumar, s/o Shri Pal have approached this Court for issue of a writ of certiorari for quashment of the order dated 10-4-2001 passed by the Probation Board under Prisoners' Release on Probation Rules, 1964 (herenafter referred to as 'the Rules') refusing to release them on licence and the confirmation thereof by the State Government by order dated 25-4-2001.2. I may at the outset state that the present writ petition has been filed by giving details with regard to the concept of liberty, human rights, divinity that dwells in human heart, rights of freedom and such other rights that are put on a pedestal. There is prolific reference to the saving of Wallace Strews, Mahatma Gandhi, the father of the nation and some eminent Judges to build the foundation that the orders of rejection and confirmation thereof are sensitively suseptible and cannot stand scrutiny and deserve to be axed by this Court in exe...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1957]8STC845(MP)
ORDER1. This is a reference by the Board of Revenue, Madhya Pradesh, under Section 23 (1) of the C.P. and Berar Sales Tax Act, 1947, hereinafter called the Act.2. The reference has arisen out of an order of assessment of sales tax on the bidis of the value of Rs. 3,39,949 despatched by Ramchandra Rathore and Bros, of Saugar, the assessee-company, to one Kanhaiyalal Pradhan at Bareilly in Uttar Pradesh in the year ending 31st December, 1949. The despatches were made in pursuance of an agreement executed on 1st April, 1937, by the assessee-company on the one hand and the predecessor-in-title of Kanhaiyalal Pradhan on the other. The terms of the agreement are reproduced below : --(i) The agent shall stock for sale sufficient stock of Cannon Brand bidi, our own make, and shall not stock bidi from any other source of Saugar or of Saugar side.(ii) The rates for sales shall be fixed by the company. The agent is bound to adhere to these rates, any reduction or increase in which shall be made w...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT384; 2005(4)MPLJ311
S.K. Kulshrestha, J. 1. The above appellants have preferred this appeal against the judgment dated 5-12-96 of the learned Additional Sessions Judge, Sohagpur, in S.T. No. 35/95, by which appellant Mota @ Nandkishore and Chhinga @ Jhalkan have been convicted under Section 302 of the IPC for committing murder of Mohan and sentenced to imprisonment for life and appellant Tulsiram and Chhinga have been convicted under Section 302 for committing murder of Chhidami. Appellant Mota @ Nandkishore has also been convicted under Section 302 read with Section 34 of the IPC of the murder of Chhidami. The sentences awarded to accused Mota @ Nandkishore and Chhinga @ Jhalkan have been directed to run consecutively.2. The case relates to the murder of Mohan and Chhidami. According to the prosecution, on 22-7-94 at about 7.30 p.m. in Village Murgidhana, accused Mota @ Nandkishore had gone to the house of deceased Mohan to recover the amount for taking his goats for grazing. Mohan asked for some time to...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ812
R.C. Lahoti, J.1. The landlord-plaintiff has come up in second appeal aggrieved by the judgment and decree of the lower appellate Court dismissing his suit for eviction of the defendant/respondents.2. The suit premises admittedly owned by the appellant are non-residential one. The appellant filed a suit for ejectment of the defendant/respondents on the grounds available Under Section 12(l)(a), (b) and (f) of M. P. Accommodation Control Act, 1961 (Act, for short). Appellant's entitlement to seek eviction under clauses (a) and (f) has been negatived by the Courts below and those findings have not been challenged. The appellant has persisted in pressing claim for eviction under clause (b) and hence facts relevant to that ground only need be noticed.3. At this stage, it is no longer in dispute that the two defendant/respondents are real brothers, No. l being the elder one. The tenancy commenced on 1-5-1968. The rate of rent is Rs. 26/- per month. The plaintiff alleged that though his shop ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ236
ORDERR.P. Gupta, J.1. This reference under Section 12 of the Contempt of Courts Act has been made by Shri U.C. Mishra, J.M.I.C. Sidhi against Shri Virendra Singh Parihar, Advocate, Sidhi insofar as he attempted to intimidate Shri M.C. Soni, J.M.I.C., Sidhi by filing criminal complaint against him for alleged offences committed by Shri Soni punishable under Sections 217/219 and 166, Indian Penal Code. Section 166 provides punishment against public servant disobeying law with intent to cause injury to any person. Section 217 provides punishment against public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Section 219, Indian Penal Code provides punishment against public servant corruptly making report contrary to law in judicial proceedings.2. The complaint dated 10-10-1996 filed by the contemner against Shri Soni and co-accused Abhiramsingh Tiwari S.D.P.O. was that a private complaint filed by this contemner against one N.K. S...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP167
(On pre-liminary issues Nos. 8 (a) & (b). 9. 10. 11. 14 & 15).1. Issue Nos. 8 (a) and 8 (b) :--Shri Thakur the learned counsel for the petitioner, has submitted that as the respondent No. 7 is neither a necessary nor a proper party for the decision of this election petition and thus his name is struck off from the array of the respondents the allegation made in paragraph 12 of the petition and the particulars supplied in annexure 7 are not now necessary, and paragraph No. 12 of the petition may be permitted to be struck off. Counsel for the other parties have also raised no objection to this submission, and the result is that paragraph No. 12 of the petition is ordered to be struck off. With this view, it is not necessary to go into the question whether the allegation made in this paragraph suffers from lack of material particulars. As a consequence, it is now unnecessary to keep the issue for proof and it is also therefore, struck off.2. II. Issue No. 9:-- Shri Dharmadhikari the learn...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1994)IILLJ462MP; 1993(0)MPLJ805
ORDERS.K. Chawla, J.1. By this petition under Articles 226/227 of the Constitution of India, the petitioner challenges the order of termination of his service dated January 23, 1986 (Annexure P-6) as also the appellate order dated September 11, 1987 (Annexure P-8), confirming the said order.2. The petitioner was temporarily appointed as a Lower Division Clerk by order dated April 21, 1982 of the Registrar, Jiwaji University, Gwalior. Previous to that, the petitioner had worked intermittently on that post. The petitioner continued to work on the temporary post until November 6, 1984, when by an order passed on that day, he was placed on probation for a period of two years. But before that, on March 23, 1984 the petitioner was granted 10% additional allowance on his basic salary with effect from April 21, 1982 for working on the post of Upper Division Clerk. On November 15, 1984, he was granted further allowance at the rate of 20% on his basic salary with effect from April 1, 1984 on the...
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