Madhya Pradesh Court February 1987 Judgments
Alok Mitra, 'Editor', Satya Katha and Ors. Vs. Narendra Kumar @ Nanda ...
Court: Madhya Pradesh
Decided on: Feb-27-1987
Reported in: 1993(0)MPLJ759
ORDERGulab C. Gupta, J. 1. This revision, filed under Section 397/401 read with Section 482 of the Code of Criminal Procedure, is directed against the order dated 30-4-1984, passed by the Judicial Magistrate, Class I, Mandla in Criminal Case No. 148 of 1981 (Narendra Kumar v. Alok Mitra and Ors.).2. On a complaint dated 20-12-1979 filed by the non-applicant No. 1, the applicants have been put on trial for offence under Section 500, Indian Penal Code. After filing of the complaint, the learned Magistrate examined the complainant and found a prima facie case existing against the appllicants and therefore issued process for their appearance, on the same date. Later on, when the applicants appeared before the learned Magistrate, particulars of offence were explained to them on 3-5-1980. The matter had been brought to this Court twice before (Criminal Revision No. 550 of 80 and Criminal Revision No. 83 of 81) for decision whether the judicial Magistrate had territorial jurisdiction to try t...
Tag this Judgment!Mahesh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-25-1987
Reported in: 1988CriLJ1565
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dated 25-11-86 passed by the Addl. Sessions Judge Mandleshwar whereby he has framed charges forthe offences of attempted murder against the applications in addition to the charges for other offences not exclusively triable by the Court of Session.2. Circumstances giving rise to the petition are these. On the report lodged by one Gulab-bai resident of Kasarawad alleging that on 30-3-86 the accused persons entered her house and then except the applicant No. 4, the other three applicants Nos. 1, 2 and 3 were armed respectively with cricket bat, hockey stick and lathi had caused three simple injuries to her and one simple injury to her son. This was done because in the last municipal elections she and her family members had voted in favour of the Gangaram Khede.3. The contention of the learned Counsel for the petitioner is that the offence of attempted murder made punishable under Section 307 IPC contemplates ...
Tag this Judgment!Prabhudayal Vs. the Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Feb-24-1987
Reported in: AIR1987MP154
ORDER1. Petitioner by Shri V. S. Kokje.2. Respondents by Shri B.C. Neema.3. They are heard.4. The petitioner claims to be a social worker and Secretary of Rashtriya Charitra Nirman Samiti. He asserts (hat he is interested in maintaining the culture and values of life and that in his opinion, exhibition of excerpts even in regard to pictures granted 'A' certificate by the Central Board of Film Censors by the Doordarshan in its programmes of 'Chilrahar' and 'Chitramala' is in violation of the provisions contained in this behalf in Part II of the Cinematograph Act 1952 (hereinafter referred to as the Act). On these allegations, a prayer has been made that the respondents be directed not to exhibit any film granted 'A' certificate by the Central Board of Film Censors on television.5. Return has been filed and along with it, a copy of the notification dated 16-10-84 issued by the Central Govt. in exercise of powers conferred on it by Section 9 of the Act, has been attached. It has been urge...
Tag this Judgment!Shivkant Choubey and anr. Vs. Smt. Chhotibai @ Badibai and anr.
Court: Madhya Pradesh
Decided on: Feb-24-1987
Reported in: 1992(0)MPLJ920
ORDERG.C. Gupta, J.1. This order shall also govern disposal of Misc. Cri. Case No. 1749 of 1986, Arunodya Choubey and two others v. Shivkant Choubey and one another which arises out of the same order and, therefore, involves common questions of law and facts.2. These two cases arise out of the order dated 31st March, 1986 passed by the Sessions Judge, Bhopal in Criminal Revision No. 11 of 1986, Smt. Chhotibai and three others v. Shivkant Choubey and Anr.. The revision before the learned Sessions Judge was directed against the order dated 13-1-1986 passed by the Judicial Magistrate, Class I, Bhopal in Regular Trial No. 11 of 1986 whereby a complaint filed by Shivkant Choubey and Puraskar Choubey against Smt. Chhotibai and others was registered under Sections 467 and 468, Indian Penal Code and process issued. The learned Sessions Judge found no ground for registering complaint against Smt. Chhotibai and quashed the same. He, however, found sufficient justification for continuing proceedi...
Tag this Judgment!Dr. Manohar Dalal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-23-1987
Reported in: AIR1987MP132
P.D. Mulye, J.1. The-daily morning Newspapers on 5-1-1987 flashed a sensational news that a young Sadhvi Induprabhaji, who is a Sanyasini, having renounced the worldly affairs was kidnapped and abducted by certain unknown persons near Simrol while she was proceeding on foot, which spread rapidly like a fire. This news angered the Jain Community in particular, a section of which gave a call for Indore bandh in protest to give vent to their feelings and religious sentiments that such an incident should have taken place with a Jain Sadhvi, who was thus deprived of her liberty to move about as a free citizen of this democratic country. The strong protest was expressed by giving statements in newspapers, taking out processions etc., and in sympathy as also by way of silent protest the Indore bandh was almost a success in Which the lawyers in general also joined as the said news naturally gave an impression that because of the rampant lawlessness of this type the life and liberty of a Citize...
Tag this Judgment!Mst. Saroj Bai Vs. Hariram and anr.
Court: Madhya Pradesh
Decided on: Feb-23-1987
Reported in: AIR1987MP143
T.N. Singh, J. 1. Law is not settled, counsel submits. Different High Courts have expressed divergent opinions on the question mooted for decision in this appeal, it is seriously contended by Shri Arun Mishra, who appears for the plaintiff-appellant In my view the instant lis has a peculiar complexion : the law applicable is not uncertain, but has to be identified still.2. Indeed when this matter came up before me earlier and it could not be heard for the defendant-respondent being unrepresented by counsel, I directed S.P.C. to issue to him to ensure that he does not suffer in absentia. Unfortunately, despite S.P.C. I am assisted today in this matter by appellant's counsel only. Accordingly, it has become necessary for me to examine the matter more carefully lest the unrepresented respondent suffers.3. A short question has come up for decision in this appeal -- Whether the plaintiff/appellant was entitled to claim in the joint agricultural holding not only her deceased husband's intere...
Tag this Judgment!Suresh Vs. Anwarkhan and M.P.S.R.T.C.
Court: Madhya Pradesh
Decided on: Feb-23-1987
Reported in: I(1988)ACC415
S.S. Sharma, J.1. This appeal by the claimant is against an award dated 26-3-79 given by the Member, Motor Accidents Claims Tribunal, Mandleshwar in Claim, Case No. 34/78. By this award the claim petition has been dismissed.2. On 28-12-77 at about 10-30 a.m. the accident in question had occurred. Claimant Suresh along with Gopaldas and deceased Ramsumaran Pande was on a motor cycle. That motor cycle was being driven by Gopaldas while Suresh and deceased Ramsumaran Pande were sitting on the pillion. Respondent No. 1 Anwarkhan was the driver of the passenger bus bearing registration No. M.P.F. 7498 belonging to respondent No. 2 M.P.S.R.T.C. The bus was going from Burwani towards Dhananod. Tne motor cycle referred to above, was coming from the opposite direction. As a result of the dashing of the bus with the motor cycle Gopaldas, Suresh and deceased Ramsumaran Pande fell down.3. Claimant Suresh and deceased Ramsumaran Pande were taken to the Civil Hospital at Thhikari. On the same day th...
Tag this Judgment!Dr. Nirmal Lakhotiya Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-20-1987
Reported in: AIR1987MP167
Sohani, J.1. This is a petition under Article 226 of the Constitution.2. The material facts giving rise to this petition, briefly, are as follows :In response to the advertisement (annexure 'A') issued on 15th May, 1986, by the Dean, M.G.M. Medical College, Indore inviting applications from medical graduates for admission to full time diploma course in the subjects mentioned in the advertisement, the petitioner, who had passed M. B. B. S. examination from the M. G. M. Medical College, Indore, submitted the application for admission to diploma course in Radiology (D. M. R. D.). The petitioner contends that he has completed one year's house job in the subject concerned in the hospital of the Bhilai Steel Plant at Bhilai, recognised to be at par with the D. K. Hospital, Raipur, which is treated as the hospital of the Medical College, Raipur, for internship and house job, and hence the petitioner is entitled to secure admission to the Diploma Course. The petitioner has further averred that...
Tag this Judgment!Babukhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-19-1987
Reported in: 1988CriLJ1441
P.D. Mulye, J. 1. This appeal filed by the appellant is directed against the judgment dt. 23-5-1984 passed by the Additional Sessions Judge, Dewas in S.T. No. 55 of 1984, challenging his conviction for an offence under Section 302, I.P.C. and the sentence of R.I. for life and a fine of Rs. 5000/- (five thousand) awarded to him thereunder, in default further R.I. for two months.2. The prosecution case at the trial may be stated, in brief, thus : P.W. 2 Kailash is the nephew of deceased Harinarayan who was a mad person having lost his mental balance. On 25-1-1983 the appellant purchased Paan from the shop of Kailash (P.W. 2) where the deceased Harinarayan came, had hot exchange of words which according to the appellant were insulting and thereafter the appellant took out a knife and pierced it into the chest of Harinarayan, who as a result of the injury sustained, died on the spot. The FIR Ex. P-3 was lodged by Kailash (P.W. 2) at police station Sonkutch, the incident having taken place ...
Tag this Judgment!Dwarkaprasad, Central Jail Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-17-1987
Reported in: 1987CriLJ1688; 1987MPLJ527
K.L. Shrivastava, J.1. This appeal is directed against the judgment dt. 6-12-1983 passed by the IVth Additional Sessions Judge, Indore in Sessions Trial No. 107 of 1983 convicting the appellant under Section 304, Part I of the Penal Code and sentencing him td undergo rigorous imprisonment for 10 years.2. According to the prosecution story in Feb., 1983 the appellant was an inmate in the C. I. Jail, Indore undergoing sentence of life imprisonment for the offence under Section 302 of the I.P.C. The deceased Lotan was also undergoing sentence there and so was Hubbilal (P. W. 5). There was some altercation between the appellant and the deceased, on 20-2-1983. Thereupon the appellant had threatened him. On 21-2-1983 at about 7.00 a.m. the appellant dealt fire-wood blow on the head of Lotan. Hubbilal (P.W. 5) had intervened and in that process had sustained injury on his right hand at the hands of the appellant.3. Dr. Kailash Lakhotiya (P.W. 20) had examined Lotan at 8.30 a.m. on 21-2-83 and...
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