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Madhya Pradesh Court April 1991 Judgments

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Apr 03 1991

State of Madhya Pradesh and anr. Vs. Hariom General Industries and anr ...

Court: Madhya Pradesh

Decided on: Apr-03-1991

Reported in: 1993(0)MPLJ614

R.C. Lahoti, J.1. The defendants are aggrieved by the impugned order of the trial court disposing of the prayer made by plaintiffs for grant of ad interim injunction whereby the defendant/appellants have been temporarily restrained from interfering with the use, enjoyment and possession of the suit property by the plaintiff/respondents and also from making its allotment and delivery of possession to anyone else.2. The suit property consists of 47 Bighas 10 Biswas of land with superstructures in the nature of the factory building, go-downs, residential quarters, offices, well etc. and situated at Gospura, Birlanagar locality of city of Gwalior. The plaintiffs have narrated a long history of title alleging that they are in possession of the property and the authorities of the State were taking steps to strike off their names from the land records and were also attempting at their dispossession. It is also alleged that Act No. 15 of 1984, namely, Madhya Pradesh Nagariya Kshetron Ke Bhumih...


Apr 02 1991

Shri Kailash Chandra JaIn Vs. State of Madhya Pradesh and anr.

Court: Madhya Pradesh

Decided on: Apr-02-1991

Reported in: AIR1992MP242; 1991(0)MPLJ754

ORDERS.K. Jha, C.J.1. This application in revision has been filed by the plaintiff of C.S. No. 25-A/84 as it is now numbered, against the order passed by the II Addl. Judge to the Court of District Court, Raipur, dated 5-4-89, directing the plaint to be returned to the applicant under Section 80 of the Code of Civil Procedure for complying with the requirement of Section 80(1).2. Although the suit, as now registered in the Court of II Addl. Judge to the Court of District Judge is numbered as C.S. No. 25-A/84, it was actually instituted on 12-2-1979. Along with the plaint, an application was filed by the applicant-plaintiff to grant leave to institute the suit against the State Government, respondent No. 1 underSection 80(2), C.P.C. The other defendant is a private individual, who is non-applicant respondent No. 2 and has been subsequently added is not necessary for the purpose of the present civil revision application.3. The main relief sought in the suit was for restraining the State ...


Apr 02 1991

Ghumansingh Gorelal and ors. Vs. Jaswantsingh Imratsingh and ors.

Court: Madhya Pradesh

Decided on: Apr-02-1991

Reported in: 1992(0)MPLJ163

ORDERShacheendra Dwivedi, J.1. This revision petition has been preferred by the complainant-injured persons against the accused persons-non-petitioners, being aggrieved by the order of not framing charge against the non-petitioners for offence under Section 307, Indian Penal Code. The order that has been challenged by the complainant-petitioners is of framing of charges against the non-petitioners by the 3rd Addl. Sessions Judge, Vidhsha, under Sections 323/149, 324/149 and 326/149, Indian Penal Code.2. Briefly stated the facts leading to filing of this revision petition are that an incident of marpit took place in village Bhatoli, District Vidisha over at dispute of an agricultural land. On the date of the incident, the Revenue Inspector and a patwari had gone to the village for spot inspection and for verification of possession on the land. For that purpose, when a notice was being given to the non-petitioner Hariram and Jaswantsingh, they refused to sign the notice and all the accus...


Apr 02 1991

Karamjit Singh Yashwant Singh Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-02-1991

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...


Apr 02 1991

State of Madhya Pradesh Vs. Jagdish S/O Jogilal Baloi

Court: Madhya Pradesh

Decided on: Apr-02-1991

Reported in: 1992(0)MPLJ628

P.N.S. Chouhan, J.1. On 12-5-1984 at about 15-00 hours Jasodabai (PW1) was going to her work at the ^^I;k** near Jawar Jod. She had a bucket in her hand. A matador No. MBI 9072 came from the side of Metwara and after crushing Jasodabai broke down the barbed wire fencing of the road-side plantation damaged the plants. and stuck in the ditch. The incident was reported in P. S. Sonkatch by Murlidas at 16-30 hours, the same day vide F.I.R. Ex.P-1. He had taken Jasodabai also in another matador to Sonkatch P. S. She was removed to Dewas and then to M. Y. Hospital, Indore where she succumbed to her injuries on 14-5-1984. The scene of occurrence being within the jurisdiction of Jawar P. S. in Sehore district the papers were transferred to that P. S. by Sonkatch police. Inquest was held and post mortem of the dead body was conducted by Dr. Riaz Hussain whose report is Ex.P-4, which is an admitted document. It is not in dispute that Jasodabai died of injuries sustained in the said accident. The...


Apr 02 1991

State of Madhya Pradesh Vs. Jagdish Jogilal Baloi

Court: Madhya Pradesh

Decided on: Apr-02-1991

Reported in: 1992CriLJ746

P.N.S. Chauhan, J.1. On 12-5-84 at about 15.00 hours Jasodabai (PW 1) was going to her work at the ^I;k* near Jawar Jod. She had a bucket in her hand. A metador No. MBI 9072 came from the side of Metwara and after crushing Jasodabai broke down the barbed wire fencing of the road-side plantation damaged the plants and stuck in the ditch. The incident was reported in P.S. Sonkatch by Murlidas at 16-30 hours, the same day vide F.I.R. Ex.P-1. He had taken Jasodabai also in another metador to Sonkatch P.S. She was removed to Dewas and then to M.Y. Hospital, Indore where she succumbed to her injuries on 14-5-84. The scene of occurrence being within the jurisdiction of Jawar P.S. in Sehore district the papers were transferrd to that P.S. by Sonkatch police. Inquest was held and post mortem of the dead body was conducted by Dr. Riaz Hussain whose report is Ex.P-4, which is an admitted document. It is not in dispute that Jashodabai died of injuries sustained in the said accident. The respondent...


Apr 01 1991

Mst. Budhwara Bai Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-01-1991

Reported in: 1991CriLJ3054

P.C. Pathak, J.1. The appellant was convicted under Section 302, I.P.C., and was sentenced to imprisonment for life for the murders by poisoning of Dayaram and Karmaha, father and son respectively on 29-11-1963, in village Bade-Gantoli, P.S. Sarangarh, District Raigarh.2. Deceased Dayaram was the father-in-law of the appellant while deceased Karmaha was the elder brother of the appellant's husband Mahabir. The appellant with her husband deceased Karmaha lived in separate rooms though of one house. Dayaram lived for a fortnight with Karmaha and next fort-night with Mahabir. Karmaha was a Widower and he used to make gestures insulting her modesty contemplating illicit sex with her. The prosecution alleges that the appellant bought poison from Sarangarh and administered it with vegetable bitter gourd (Momordica Chautia) served along with meals to both the deceased. Both started vomiting and eventually died in the house.3. Dabal (P.W. 2) received a call from appellant's husband Mahabir. On...


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