Court : Madhya Pradesh
Reported in : 1955CriLJ279
nevaskar, j.1. accused dursingh was prosecuted for an offeiiee under section 302, ipc before the sessions judge, ratlam who found him guilty under that section and sentenced him to transportation for life. aggrieved by this decision, accused has preferred this appeal.2. prosecution case is that on 4-6-1952 a she-goat belonging to the accused was found missing. he thereupon set out in search of the same. he had with him a bow and arrows. he reached a place known as guard khodari. there he met deceased bapu along with his two daughters, bhimabai aged 12 and basani younger than her. bapu, it is said had gone that side in search of his own bullock which had strayed. some talk took place between the accused and the deceased bnri thereupon beouned dischfireed about 5 to 7 arrows in succession against bapu. he was seriously injured. in all. seven injuries were caused to the abdominal cavity and forearm, those on the abdominal cavity being serious. he was taken nome by his brother gambhira and his sona daryava.'first information was lodged by gam-jfcira on the same night (4-6-1952) at 10-30 p.m. bapu was taken to jobat hospital the next morning where he succumbed to his injuries at 4-30 p.m. en 5-6-1952. prior to his death he is said to have made a dying declaration which was recorded by the medical officer in charge of the jobat dispensary. the said officer examined bapu before his death and his dead body also was subjected to post mortem examination by him. the cause of death was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP26
tare, j.1. this is a petition under article 226 of the constitution of india by a contractor, who took the contract of purchase of tendu leaves from the government for the year 1970 under the m. p. tendu patta (vvapar viniyaman) adhiniyam, 1964, and the m. p. tendu patta, nivamavali, 1965 and 1966, and by this petition, he seeks a renewal of the contract for the years 1971 and 1972 on the same terms.2. a state monopoly was created by enactment of the m. p. tendu patta (vvapar viniyaman) adhiniym, 1964, which received the assent of the president on 23-11-1964 and which came into force from 28-11-1964. it will be necessary o consider some relevant provisions of the act later on. the appellant firm had purchased the right of collection of tendu leaves for the year 1970 which provided for a renewal clause for a further period of two years on certain terms. it may be relevant to reproduce condition no. 25 of the tender notice which is as follows:--'25. (1) unless earlier determined under the terms of the agreement, there will be yearly renewal of agreement by 31st october each year by issue of an order by government in writing. maximum period for renewal will be up to 31st december, 1972, provided the accepted rate offered for the unit for 1970 season year is more than the rate to be decided by the government for each circle and government satisfied that purchaser has fulfilled the following conditions each year and has submitted the application for renewal before the 15th .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ1764
dixit, j.1. the appellant lalaram and his brother karansingh were tried by the sessions judge of morena for an offence under section 302 read with section 34, penal code for the murder of one jalim. at the end of the trial, the learned sessions judge acquitted karansingh giving him the benefit of doubt. but agreeing with the opinion of the assessors, he found the appellant lalaram guilty under section 302, penal code and sentenced him to transportation for life. lalaram has now appealed to this court against the conviction and the sentence,2. the prosecution case was that the appellant lalaram was a servant of sukhpal singh, the zamindar of kodaira, madhopur and other villages and that in that capacity lalaram used to take forced labour from the villagers and also recover from them illegal exactions. as a result of these acts of lalaram, the villagers were displeased with him and persuaded him to give up the service of the zamindar. the prosecution alleged that the conduct of sukhpal singh the zamindar and of his servant lalaram was stoutly opposed by the deceased jalim who constituted himself as a leader of the villagers and who was a close-relation of the appellant. when the appellant lalaram refused to leave the service of the zamindar, the villagers did not permit lalaram to share with them the benefit of a patta in respect of certain lands in the zamindari of sukhpal singh which the villagers had obtained from the collectorate. the prosecution alleged that on account of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP188
orderdipak misra, j.1. invoking the extra-ordinary jurisdiction of this court under article 226 of the constitution of india the petitioner has prayed for quashment of annexure p-10 agreement entered into by madhya pradesh financial corporation (hereinafter referred to as 'the corporation') with the respondent no. 5 and letter dtd. 13-8-1996, annexure p-12 whereby the district industries centre, general manager has cancelled the lease granted in favour of the petitioner. the further prayer of the petitioner is to call for the records of the tenders dated 20-12-1995, 7-2-1996 and 23-5-1996 and deprecate the action of the corporation as it has in a hurried manner effected the sale overlooking the actual price. in essence, the prayer is to set aside the same.2. the facts as have been unfurled in the petition are that the petitioner had availed a term loan of rs. 2,10,000/- for opening of an industry, namely, sudha chholdari tent & tarpoline industries at varadih in the district of satna. it is to be noted here that a lease deed was executed by the d.i.c. satna in favour of the petitioner to have the aforesaid industry. the agreement was executed between the petitioner and the corporation at the time of grant of loan and terms and conditions were envisaged for payment of such loan. respondent no. 3, kamlesh tripathi, husband of the petitioner, stood as guarantor for grant or such loan. as the petitioner had become a defaulter in payment of the instalments steps were taken by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1993)ILLJ1132MP; 1993(0)MPLJ56
ordera.r. tiwari j.1. this is a petition filed under article 226 of the constitution of india praying that a writ be issued quashing the order dtd. november 19, 1986 (annex 'g') and declaring the petitioner to be entitled to continue in service with ancillary reliefs connected with the office. 2. briefly stated the facts leading to the filing of this petition, are. that on september 30, 1983, the petitioner was working as technical assistant, grade i at indore, when he was suspended in contemplation of the disciplinary proceedings. on february 14, 1984 a charge sheet was served on the petitioner filed along with petition as annexure 'b'. an enquiry officer for the purpose was appointed by order dtd. april 29, 1984 and an enquiry was conducted pursuant to the aforesaid charge-sheet, lasting from november 12, 1984 to january 31, 1985. the enquiry officer, on conclusion of the enquiry, submitted the enquiry report on february 23, 1985 holding the petitioner guilty of behaviour unbecoming of a corporation employee and of violation of regulations 31 and 32 of the f.c.i. regulations, 1971. on april 25, 1985, the disciplinary authority, the sr. regional manager, imposed the punishment of removal from service of the corporation. the disciplinary authority thus agreed with the findings of the enquiry officer and issued an order dtd. april 25, 1985 marked in this petition as annex. 'd' thereby inflicting the punishment of removal from service of the corporation with immediate effect. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP407
ordera.h. khan, j.1. this revision arises out of a small cause suit. the trial court after recording the evidence of both the parties came to the conclusion that the defendant owed to the plaintiff the price of gram he had purchased.2. the learned counsel for the applicant contends that the trial court should not have believed the evidence of the plaintiffs witnesses because they belonged to the same community as the plaintiff. i disapprove of the line of argument which the learned counsel has thought fit to adopt. he wants to condemn the witnesses on communal grounds and wants me to hold that the witnesses of the plaintiff, who is vaishya, should not be believed because they too belong to the same community. the law does not recognise the impeachment of a witness on such grounds, and the argument is against the spirit of the constitution of india.3. the trial court having weighed the evidence has come to a conclusion and i do not think it proper case to interfere with it in revision.4. revision dismissed.
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1987]67STC252(MP)
orderg.g. sohani, j.1. as directed by this court under section 44 of the madhya pradesh general sales tax act, 1958 (hereinafter referred to as 'the act'), the board of revenue has referred the following question of law to this court for its opinion :whether, on the facts and in the circumstances of the case, the order of remand passed by the board of revenue is illegal 2. the material facts giving rise to this reference, briefly, are as follows :the assessee deals in motor parts, fuel ejection pumps, etc., at indore and is assessed to tax as a dealer under the act. for the period from 1st april, 1970 to 31st march, 1971, the assessee disclosed in its return gross turnover at rs. 3,73,969. the report of the investigation by the flying squad revealed that the manager of the assessee-firm had furnished some papers and diaries, which disclosed transactions, which had not been entered into the account books of the assessee. the assessing authority, however, came to the conclusion that there was no definite evidence that the business transactions revealed in papers seized from the manager of the assessee, who had a dispute with the assessee and had been removed, were done at the instance of the assessee. the assessing authority, however, held that if taking advantage of the goodwill of the assessee-firm, an employee of the firm had done any business on his own account, the assessee must be held responsible for that business. in this view of the matter, the gross turnover of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
orderdipak misra, j.1.expressing the view that the issues involved arc of immense significance and placing reliance on the decisions rendered in the cases of abdul taiyab abbasbhai malik and ors. v. the union of india and ors. air 1977 mp 116 and balkrishan das v. harnarayan, 1979 mplj 644, wherein it has been held that the existence of two earlier conflicting decisions on the same point is not a condition precedent to make a reference for a decision of a question by a larger bench, the division bench referred the matter in entirety to be adjudicated by a larger bench and that is how the batch of cases has been placed before us.2. the bunch of matters can be categorised into two compartments; one batch assail is to certain provisions and rules of the m.p. municipal corporation act, 1956 (for brevity 'the act') as ultra vires and in the other challenge is to the certain provisions of m.p. municipalities act, 1961 (in short 'the municipalities act') and the rules framed for carrying out the purposes of the said statute. as the assail and attack is to the constitutional validity of such provisions in both the enactments relating to the imposition of property tax, the jurisdiction, the manner, the mode and the method, we arc inclined to deal with the same in a composite order though we will he adverting to the pertinent provisions in both the statutes separately wherever it is necessitous. we may also hasten to state here that in addition to the challenge of the provisions in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ287
p.n.s. chouhan, j.1. this judgment will dispose of criminal appeal no. 492 of 1987 (pritampuri v. state of m. p.) as well.2. business in dena bank, itarsi was dull with only two customers viz. pagniya and barelal in the bank premises in the afternoon of 28th of november 1985. the branch manager, had gone out. chandra kumar parekh (pw1), the accountant phool singh thakur (pw2), the cashier and the other bank employees were busy doing whatever work they had. at 2.10 p.m. two young men entered the bank with black goggles on and towel like clothes on their heads. they enquired about the manager and on being told by shri parekh that the manager was expected back by 4.00 p.m., they left the bank. shortly thereafter the twin reappeared, disconnected the telephone line, terrorised the bank employees as also the customers with pistol and knife, herded them in the strong room, stationery room and the toilet at gun point, looted currency notes worth rs. 75,184.00 from the cash cabin and made good their escape.3. the strong room was not firmly closed by the miscreants from outside and therefore the door opened. shri thakur and others, who were detained there, came out and rescued their colleagues from the other two rooms. on being informed from nearby telephone shri a. k. pandey (pw11), town inspector reached the bank and obtained the fir (ex.p.l) from shri parekh. bank officers counted the cash and thereafter intimated to shri pandey the exact amount looted vide ex.p.2a.4. sheer good- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ2262; AIR2006MP28; 2005(4)MPHT260; 2006(1)MPLJ90
orderdipak misra, j.1. noble prize winner poetess gabriela mistral of chile while speaking about the faults committed by society as regard the children spoke thus :--'we are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the fountain of life. many of the things we need can wait, the child can not. right now is the time his bones are being formed, his blood is being made and his senses are being developed. to him we can not answer tomorrow. his name is to-day.'the apex court in the case of m.c. mehta v. state of tamil nadu, : (1997)iillj724sc , while speaking about the obligation of the state and society towards the children in the indian ethos quoted a stanza which reads thus :--'i am the child.all the world waits for my coming.all the earth watches with interest to see what i shall become.civilization hangs in the balance,for what i am, the world of tomorrow will be. i am the child,you hold in your hand my destiny.you determine, largely, whether i shall succeed or fail;give me, i pray you, these things that make for happiness. train me, i beg you, that i may be a blessing to the world.'(mamie gene cole) long back john ruskin had expressed his view as under :--'i hold it for indisputable, that the first duty of a state is to see that every child born therein shall be well housed, clothed, fed and educated, till it attains year of discretion.'we have reproduced from the thoughts of the great poets, jurists and thinkers .....
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