Madhya Pradesh Court September 1994 Judgments
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Lokman Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-29-1994
Reported in: 1995(0)MPLJ954
ORDERA.S. Tripathi, J.1. Shri Arun Pateriya, counsel for the applicant. Shri M. K. Jain, Dy. Govt. Advocate for the State. Heard learned counsel for the parties.Applicant Lokman Singh is involved in Crime No. 62/1994, under Sections 498A, 306 and 304B, Indian Penal Code by P. S. Purani Chhawni, District Gwalior.2. According to the allegations made by the prosecution, one Bhuribai is said to have committed suicide by throwing herself before the train on the railway track nearby her house, and she was found dead on the early morning of the date of occurrence. It was alleged that she was compelled to commit suicide on account of demand of dowry. From the evidence which has been brought in the FIR and the post mortem report, it appears that Bhuribai threw herself before a running train and she was crushed to death. It was further alleged that Bhuribai was married four years back. She lived with her husband for six months. Thereafter, demand of dowry started. According to the prosecution al...
Oriental Insurance Co. Ltd. Vs. Smt. Saraswati Bai and ors.
Court: Madhya Pradesh
Decided on: Sep-28-1994
Reported in: 1995(0)MPLJ291
U.L. Bhat, C.J.1. These appeals have been placed before the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent (Nagpur). We have heard learned counsel appearing for both sides as well as Shri Seth, Advocate who assisted as Amicus Curiae.2. These appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the Insurance Companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned Single Judges. These LPAs are filed against decisions of learned Single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the Ful...
Rajendra Hemraj Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-28-1994
Reported in: 1995(0)MPLJ541
ORDERU.L. Bhat, C.J.1. The petitioner herein was convicted under Section 8, read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, the Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac with default sentence of imprisonment for two years by the Special Court, Ratlam. His appeal was dismissed by the High Court. Having undergone a part of the sentence, he submitted an application to the State Government for release on licence under Section 2 of the M. P. Prisoners' Release on Probation Act, 1954, (for short, the Act of 1954). During the pendency of the application, he filed the present writ petition for issue of a writ of habeas corpus and release on bail pending consideration of his application for release on licence under the 1954 Act. This writ petition was heard at Indore Bench by a Division Bench consisting of V.D. Gyani, J. and S. D. Jha, J. The State relied on an earlier unreported decision of a ...
Charna Chappa Ahir Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-28-1994
Reported in: 1995(0)MPLJ1053
D.P.S. Chouhan, J.1. The appellant Charna, having been convicted in Sessions Trial No. 79/84 for committing offence under Section 307, Indian Penal Code whereunder he was sentenced to five years' RI, has approached this Court by means of present appeal, challenging his conviction and sentence under judgment dt. 14-3-1986 by Addl. Sessions Judge, Shahdol.2. The occurrence in question took place on 22-5-1984 in village Sakrakhor, P. S. Budhar, Dist. Shahdol and F.I.R. was lodged on 23-5-1984 (Ex.P-4) at 11.40 a.m. by Radhe (P.W.2) at the police station Budhar. In the incident in question Radhe (P.W.2) is said to have received injuries which were examined by Dr. A. K. Jain (P.W. 1) and the injury report is Ex. P.-l.3. The prosecution case in brief was that in village Sakrakhor, the appellant his widowed sister Budhwaria alias Koperhine (P.W.6) and his mother Ramun (P.W.7) along with Chimpa were living. In the same village, Radhe (P.W.2), Jaykaran (P.W.3), Faguna (P.W.4), and Jhurha (P.W.8...
Rajendra Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-28-1994
Reported in: 1995CriLJ3248
U.L. Bhat, C.J.1. The petitioner herein was convicted Under Section 8, read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, the Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac with default sentence of imprisonment for two years by the Special Court, Ratlam. His appeal was dismissed by the High Court. Having undergone a part of the sentence, he submitted an application to the State Government for release on licence UnderSection 2 of the M.P. Prisoners' Release on Probation Act, 1954, (for short, the Act of 1954). During the pendency of the application, he filed the present writ petition for issue of a writ of habeas corpus and release on bail pending consideration of his application for release on licence under the 1954 Act. This writ petition was heard at Indore Bench by a Division Bench consisting of V.D. Gyani, J. and S.D. Jha J. The State relied on an earlier unreported decision of a Division ...
Oriental Insurance Co. Ltd. Vs. Saraswati Bai and ors.
Court: Madhya Pradesh
Decided on: Sep-28-1994
Reported in: 1995ACJ273
U.L. Bhat, C.J.1. These appeals have been placed before the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent {Nagpur). We have heard learned Counsel appearing for both sides as well as Mr. Seth, Advocate, who assisted as Amicus Curiae.2. These appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the insurance companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned single Judges. These L.P.As. are filed against decisions of learned single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the ...
Smt. Seema Mitra Vs. Smt. Lotika Mitra
Court: Madhya Pradesh
Decided on: Sep-27-1994
Reported in: AIR1995MP128; 1995(0)MPLJ4
U.L. Bhat, C.J. 1. This Letters Patent Appeal is directed against the dismissal of M.C.C. No. 634 of 1988. The Division Bench which heard the matter has referred the same to a Full Bench.2. The first appellant's husband filed a civil suit seeking reliefs of declaration, permanent injunction regarding part of the suit property and possession regarding the remaining part of the suit property. The suit was dismissed. First appeal and second appeal were also dismissed. Thereupon the first appellant's husband filed an application under Order 47, Rule 1. C.P.C being M.C.C. No. 442/87. He died during the pendency of the application and the widow and daughter were impleaded as supplemental applicants. The learned single Judge dismissed the review application for default of appearance of the applicants and want of prosecution. Thereupon, they filed an application, M. C. C. No. 634/88 seeking to set aside the order of dismissal for default and seeking restoration of M. C. C. No. 442/87. The lear...
Ramchandra S/O Shrilal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-27-1994
Reported in: 1995(0)MPLJ669
ORDERJ.G. Chitre, J.1. The petitioners are taking exceptions to the charge which has been framed against them by Sessions Judge, Rajgarh in Sessions Trial No. 108/90. By the charge applicant Kalu s/o Gopal has been charged for an offence punishable under Section 307 simpliciter. However, applicants 1 and 2 namely Ramchandra s/o Shrilal and Kesharsingh s/o Kaniram have been charged for committing an offence punishable under Sections 307, 326 r/w 34 of Indian Penal Code.2. Shri A. S. Kutumbale, counsel for the petitioners argued that the FIR and the statements of the witnesses recorded during the course of investigation, are abundantly making it clear that the intention of the applicants was to commit an offence under Section 326 of Indian Penal Code either simpliciter or read with Section 34 of Indian Penal Code. There was absolutely no need of framing of charge against the petitioners for an offence punishable under Section 307 of Indian Penal Code. He made reference to FIR and stateme...
Kum. Vijaya Raja Vs. Union of India and Others.
Court: Madhya Pradesh
Decided on: Sep-27-1994
Reported in: (1995)125CTR(MP)73; [1995]214ITR65(MP); [1995]81TAXMAN270(MP)
INDORE BENCHA. R. TIWARI J. - This order shall also govern the disposal of the connected writ petitions particularised as -(1). M. P. No. 38 of 1992 (Ku. Vijaya Raja v. Union of India and others).(2). M. P. No. 42 of 1992 (Ku. Vijaya Raja v. Union of India and others).(3). M. P. No. 37 of 1992 (Ku. Vijaya Raja v. Union of India and others).(4). M. P. No. 36 of 1992 (Ku. Vijay Raja v. Union of India and others).(5). M. P. No. 35 of 1992 (Ku. Vijaya Raja v. Union of India and others).(6). M. P. No. 33 of 1992 (Ku. Vijaya Raja v. Union of India and others).(7). M. P. No. 40 of 1992 (Ku. Vijava Raja v. Union of India and others).(8). M. P. No. 39 of 1992 (Ku. Vijaya Raja v. Union of India and others).(9). M. P. No. 34 of 1992 (Ku. Vijaya Raja v. Union of India and others).Briefly stated the facts of the case in each of these petitions are that Thakurani Ukta Kumari Devi who Thakur Vijay Bahadur Singh was the assessee to wealth-tax under the provisions of the Wealth-tax Act, 1957 (for short...
Vijay Singh Vs. Lakchhman Singh Parihar and ors.
Court: Madhya Pradesh
Decided on: Sep-24-1994
Reported in: 1995ACJ235
Tej Shankar, J.1. Counsel heard.2. There is an application under Section 5 of the Limitation Act for condonation of delay. The ground alleged is that the appeal had to be filed upto 3.9.1993, but the lawyers were on strike from 19.8.1993 to 21.9.1993 and as such, the appeal could not be filed.3. Learned counsel for the respondent contested the application and argued that the appeal could have been filed, because the Registry of the High Court was working. There is no explanation as to why the appeal was not filed.4. I have considered the contentions raised by the learned Counsel before me. The mere fact that the lawyers were on strike cannot be said to be sufficient ground for not filing the appeal within time. The learned Counsel could have prepared the appeal at home and sent the memorandum for filing it through his client, i.e., the party. The party should have brought and filed it with the Registry. The Registry was functioning. There is, therefore, absolutely no ground for not fil...
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