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Madhya Pradesh Court June 1990 Judgments

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Jun 20 1990

Raghuvirsingh Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Jun-20-1990

Reported in: 1991CriLJ48

K.L. Shrivastava, J. 1. That appeal is directed against the judgment dt. 12-7-1984 passed by the Additional Sessions Judge, Neemuch in Sessions Trial No. 11 of 1984 whereby the appellant was tried for the murder of Jagdishsingh and has been convicted under Section 323 of the I.P.C. and has been sentenced to undergo 6 months' rigorous imprisonment and a fine of Rs. 200/- and in default to undergo imprisonment for 2 months.2. According to the prosecution it was at about 4 p.m. on 2-10-1983 that the appellant Raghuvirsingh aged 25 years resident of village Tokrs, had several times kicked his co-villager Jagdishsingh aged 10 years on his stomach. On hearing the cries of the victim, his sister Munnibai aged 14 years (P.W. 4) had come out of her residence and had seen the appellant kicking the victim and on being asked to desist from so doing, he had threatened her. It was after the appellant had left the place that Munnibai took Jagdishsingh inside her residence and on being asked he had to...


Jun 19 1990

Dr. (Ku.) Arifa Almas Vs. State of Madhya Pradesh and ors.

Court: Madhya Pradesh

Decided on: Jun-19-1990

Reported in: AIR1991MP29; 1991(0)MPLJ189

Faizan Uddin, J.1. The order passed in this petition will also govern the disposal of Misc. Petition No. 4037 of 1989 (Dr. (Smt.) Namrata Seth v. State of M. P. and others); Misc. Petition No. 5256 of 1989 (Dr. (Smt.) Namrata Seth v. State of M.P. and 2 others); Misc. Petition No. 29 of 1990 (Dr. (Ku.) Alka Gupta v. State of M. P. and 2 others) and Misc. Petition No. 210 of 1990 (Dr. Sanjay Kumar Mishra and another v. State of M. P. and 4 others), as common question of law and facts arise in all these five petitions which may be disposed of by a common order.2. In all these five petitions filed under Article 226 of the Constitution of India, the controversy involved relates to the selection of candidates, distribution of seats and admission in post-graduate courses for the year 1989 in the Medical College, Jabalpur: The petitioner Dr. (Ku.) Arifa Almas in Misc. Petition No. 3966 of 1989, seeks quashing of the merit list of candidates who applied for M.D./ M.S. Courses (Annexure P-l), i...


Jun 19 1990

Sundersingh Vs. Rajaram and anr.

Court: Madhya Pradesh

Decided on: Jun-19-1990

Reported in: AIR1991MP59

S.K. Dubey, J. 1. The appellant/defendant/tenant has preferred this appeal against the judgment and decree of eviction passed under Section 12(1)(e) of the M. P. Accommodation Control Act, 1961 (for short, the 'Act') in relation to residential suit accommodation. 2. The appeal was admitted by this Court on 27-2-1986 on the following substantial question of law:-- 'Whether lower appellate Court erred in confirming the decree for eviction on the ground mentioned in Section 12(1)(e) of the M. P. Accommodation Control Act, in the absence of pleadings and proof on the point that the plaintiff has no other reasonably suitable residential accommodation for his occupation within the Municipal limits of Vidisha?' Though the appellant lost in two Courts, Shri R.A. Raman, learned counsel for the appellant, stressed that for seeking a decree of eviction and invoking the jurisdiction of the Court to grant adecree under Section 12(1)(e) of the Act, one out of the two requirements of law, that the la...


Jun 19 1990

Amolik Enterprises Vs. M.P. Housing Board and ors.

Court: Madhya Pradesh

Decided on: Jun-19-1990

Reported in: 1990MPLJ824

ORDERA. G. Qureshi, J.1. This case has been placed before this Bench on the orders of Honourable the Chief Justice for deciding the question of Jurisdiction as referred to by the learned Single Judge of this Court.2. Facts of this case may be mentioned in brief:-The petitioner M/s. Amolik Enterprises having its office at Indore, has filed a revision petition under section 19 of the M. P. Madhyastham Adhiniyam, 1983, before this Court. The revision was registered in Indore Bench of this Court as 201/88. The revision was admitted on 16-1-1989 and notices were issued to the non-applicants. In response to the Notice, Respondent No. 1 submitted a preliminary objection before the Single Bench challenging the jurisdiction of the Indore bench to hear the matter. Learned Single Judge after considering the respective contention of the parties, directed that the matter be placed before Honourable the Chief Justice for constitution of a proper Bench for deciding the question relating to jurisdicti...


Jun 19 1990

Sitabai Vs. State of M.P. and ors.

Court: Madhya Pradesh

Decided on: Jun-19-1990

Reported in: 1990CriLJ2226

A.G. Qureshi, J. 1. This order shall also govern the disposal of Misc. Petitions Nos. 1384/1989, 1575/1989, 129/1990, 46/1990, 49/1990, 115/1990, 254/1990, 118/1990 and 116/1990 filed by the prisoners, claiming the benefit of Section 8 of the M.P. Prisoners Release on Probation Act, 1954.2. The grievance of the petitioners in all the petitions is identical. According to them, the prisoners are entitled to get the benefit of Section 8 of the M.P. Prisoners Release on Probation Act, 1954 (hereinafter referred to as the Act). According to the petitioners in all the petitions, they fulfil all the conditions for being considered for release under Section 8 of the Act, still their cases are not being considered. Therefore, a directions be issued to the respondent to consider the prayer of the petitioners under Section 8 of the Act, The petitions have been mainly resisted on the ground that according to the policy of the Government since 1961 as has been contained in R/1 the circular issued t...


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