Court : Madhya Pradesh
Reported in : (1990)IILLJ416MP
ORDERT.N. Singh.J1. Dedicated to the hallowed memory of the legendary heroine of the First War of Independence, Maharani Laxmibai, is the National College of Physical Education at Gwalior, popularly called LNCPE. Established by the Union Ministry of Education and Culture., its management currently vests in the Sports Authority of India, successor to the erswthile Society for the National Institute of Physical Education and Sports, shortly, SNIPES.2. From what has come on record, it is established that the petitioner was working as Resident Audit Officer at the Bhilai Steel Plant in the year 1985 when he appeared at an interview held on 14th April 1985 for the post of Administrative Officer at LNCPE, Gwalior. From Annexure R/1 it is disclosed that he was selected and was offered appointment in the said post, said to be a 'permanent post', on the following, among other, terms and conditions:'4. You will be on probation for a period of two years from the date of your joining and during wh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT58
ORDERN.K. Jain, J. 1. All these revisions (No. 630/1998, 18/1999 and 22/1999) arise out of the order dated 25-8-1998, passed by Special Judge, Ujjain, in Special Case No. 8/1996, discharging accused Rajeev Jain (the respondent here in Criminal Revision No. 630/1998) and two others of the charge under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, while directing framing of charges against other co-accused persons (the applicants here in Criminal Revisional Nos. 18/1999 and 22/1999), for the said offences with the aid of Sections 109 and 120B of the Indian Penal Code. For the sake of convenience all these persons shall hereafter be referred as 'accused person(s)'. Criminal Revision No. 630/1998 is preferred by the State challenging discharge of accused Rajeev Jain, while Criminal Revision Nos. 18/1999 and 22/1999 are preferred by other co-accused persons against the charges framed againstthem. All these revisions have been heard as connected matters and are being dispo...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ104
ORDERD.M. Dharmadhikari, J. 1. A common order in being passed in this petition and Misc. Petition No. 481 of 1992 Ajay Singh s/o Shri Arjun Singh v. State of Madhya Pradesh and Ors., which is on the same subject matter.2. This petition arises in the course of a Commission of Enquiry known as Churhat Lottery Commission. The petitioner challenges notification dated 9-1-1992 (Annexure-M), appointing Hon'ble Shri Justice Kamlakar Choubey, retired Judge of Allahabad High Court as the sole member of the commission in substitution of Hon'ble Shri Justice G. G. Sohani, retired Chief Justice of Patna High Court, who resigned from the membership of the commission. The two notifications of appointment of Justice G. G. Sohani and thereafter Hon'ble Shri Justice Kamlakar Choubey, have resulted in the ouster of Hon'ble Shri Justice S. T. Ramalingam, the then sitting Judge of Madras High Court (now retired) from membership of the Commission.3. In a public interest litigation initiated by Shri Kailash...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(3)MPHT172
ORDERDipak Misra, J.1. 'Awake, Arise, 'O' Partha', Lord Krishna thus commanded Arjun, his chosen 'Sakha' and dearest disciple, during the war of Mahabharata to carry on the crusade against the 'Adharma'. Many a determined and dedicated crusaders have selflessly fought against evil being inspired by their 'Gums', enthused by their self-protested ideals and sometimes emboldened by the mandate of the majesty of law which has to rule supreme in every circumstance and on each occasion performing its noble duty of a great leveller. With the aforesaid attitude, tenacity, devotion and consecration respondent Nos. 3 and 4, namely, the Director General, Special Police Establishment and the Superintendent of Police, Special Police Establishment have drawn an FIR contained in 'Annexure P-26' to this Writ Petition against the present petitioner, the erstwhile Minister of Housing and Environment, Department of State of Madhya Pradesh for offences punishable under Sections 13(1)(d) and 13(2) read wit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ259
ORDERS.P. Srivastava, J.1. This Writ Petition was initially heard by a Division Bench. The two learned Judges of this Court constituting the Division Bench passed separate conflicting judgments/orders which were signed and delivered. In the aforesaid situation treating the case to be one where there was a difference of opinion, a reference was made by Hon'ble the Chief Justice to a third Judge. The third Judge/nominated Judge vide the order dated 16-2-1998 returned the reference unanswered to Hon'ble the Chief Justice for further appropriate orders indicating that reference was incompetent for the reasons given in that order and the matter required to be placed before a larger Bench which could effectively deal with the situation as it will not be under any inhibition nor incompetent to hear every aspect of the case before it. It was thereafter that Hon'ble the Chief Justice constituted the present Full Bench and the Writ Petition has thus come up before it for being heard and disposed...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP261
A.P. Sen, J. 1. This is an appeal brought by the defendant No. 1, M/s. Mishrabandhu Karyalaya, Jabalpur and its partners, from the Judgment and decree of the 5th Additional District Judge, Jabalpur, dated 31st August 1964, decreeing against them, the plaintiff Sheoratanlal Koshal's claim (A) for recovery of Rupees 15,307.04 paise with interest @ 6% per annum thereon from the date of suit, i.e., from 1st January 1963 till realisation, due on account of the arrears of royalty payable to him on the sales effected upto the end of December 1959 of the book entitled 'Saral Middle School Ank Ganeet', written by his son-in-law Maniram Vishwakarma, the copyright of which had been assigned to him; (B) for rendition of account of the sales effected by them of the book in question and other allied publications thereof, as per the Hyderabad Syllabus or otherwise, during the years 1960, 61, 62 and until the date of accounting, so as to ascertain the amount of royalty which had accrued thereon and be...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP182; 1964CriLJ185
Krishnan, J. 1. These 35 appellants, all residents of a village called Kachotiya about 6 miles from the thana headquarters at Khilchipur in Rajgarh District, were put on trial and all convicted under Section 302 read with Section 149, Indian Penal Code for the membership of an unlawful assembly in the execution of the common object of which four persons were killed; they have been sentenced, fourteen of them, namely, those numbered 3, 6, 7, 8, 16, 17, 28 to 35 to the extreme penalty subject to confirmation by this Court, and the remaining 21 to imprisonment for life. In addition they have been convicted, numbers 1 to 33 and 35 under Section 325 read with 149 Indian Penal Code and sentenced to live years rigorous imprisonment each and under Section 323 read with 149 with sentences of rigorous imprisonment for one year each and all under Section 147 Indian Penal Code with a sentence of two years rigorous imprisonment all sentences to run concurrently.2. In regard to another 25 who had be...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP17; 2002(4)MPLJ321
ORDERDipak Misra, J.1. The M.P. Human Rights Commission (for short 'the Commission') through its Registrar has visited this Court for issue of a writ of certiorari for quashment of the order dated 13-6-2000, Annexure P/9, and to command the respondent Nos. 1 and 2 to implement the recommendations of the Commission contained in Annexure P/7, and further to command the respondent Nos. 1 and 2 to ensure quality outcome in the 'Eye-Camps' organised by the District Blindness Control Society (DBCS). 2. The facts as have been undraped are that under the National Programme for Control of Blindness, the State of M. P. has been organising eye camps with a view to provide comprehensive eye care to the community in the rural areas. The eye camps include surgical camps. The aims and objects of such camps are to provide medical and surgical treatment for the prevention and control of eye diseases including cataract operation and to educate people in methods of prevention of eye diseases and proper c...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ71
ORDERT.N. Singh, J. 1. In this Writ Petition, the life sentence passed on 11-7-1988 by the General Court Martial which assembled at Gwalior on 24-5-1986 is challenged by the convict who was tried for committing the civil offence of murder contrary to Section 302, Indian Penal Code. He is also dismissed from service. After pronouncing the sentence, 'recommendation to mercy' was pari passu made -- 'the accused may not be made to undergo the full term of the sentence'. The confirmation of sentence by G.O.C., 36 Infantry Division (Respondent No. 3) is also challenged.2. A chequered career this petition has had in this Court and about that, few words we must say. Hearing was piecemeal, on different dates, on and from 7-1-1992. It concluded on 21-2-1992 when Order was reserved. In the course of preparation of the Judgment, we faced some difficulty in dealing with the main contention based on Section 79, Indian Penal Code. We found materials available to us insufficient to deal with the plea ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT84
ORDERDipak Misra, J.1. By this writ petition preferred under Article 226 of the Constitution of India the petitioner has prayed for issue of writ in the nature of mandamus commanding the respondent No. 1, M.P. Human Rights Commission, to supply the copy of entire inquiry report to him.2. On a perusal of the writ petition it appears that the petitioner was admitted to the 'Orthopadic Home' running by a Private Doctor Prakash Lodhikar who assured him that he would be completely alright within a period of three years. Operation of both the legs was done on 19-11-98 by the said doctor and thereafter the petitioner was suggested to do some exercise. He discharged from the said Orthopadic Home on 15-3-89. According to the petitioner the Doctor also advised him to do massage of his legs and not to bend his legs which he seriously followed. It is averred that the petitioner availed the treatment from time to time. On 2-2-95 the then Collector Shri Raut referred the petitioner to an another spe...
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