Madhya Pradesh Court August 1999 Judgments
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Kamal Singh Thakur Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-24-1999
Reported in: 2000(1)MPHT439
R.S. Garg, J.1. Being aggrieved by the judgment dated 6-10-98 passed in Special Case No. 64/98 by the learned Special Judge (N.D.P.S.) Raipur convicting the appellant under Section 20(b)(1)/8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), sentencing the appellant to undergo R.I. for 4 years and pay fine of Rs. 4000/-, in default of payment of fine to further undergo R.I. for 3 months, the appellant has filed this appeal.2. The prosecution case in brief is that on 1-1-98 one Head Constable Anand Tiwari posted at Police Station Keshkal received an information that in one Bus No. MP. 23/J-429 certain persons were importing/transporting Ganja from Jagdalpur towards Raipur. The said information was recorded by the said head constable in Sanha No. 9 and thereafter he sent radio message to Sub-Inspector G.S. Keshariya who was on patrolling. After receiving the information the said G.S. Keshariya came back to the Police Station, yet prepared...
Oriental Insurance Co. Vs. Mukesh and Co. and anr.
Court: Madhya Pradesh
Decided on: Aug-23-1999
Reported in: 2001ACJ1313; AIR2000MP35; 2000(1)MPLJ135
D.M. Dharmadhikari. J.1. This appeal has been preferred by the Insurance company against the Judgment and decree dated 29-11-1994 passed by the First Additional District Judge, Durg dismissing itssuit claiming a sum of Rs. 1,06,600/- with 12% per annum interest thereon from the date of suit being the claim towards reimbursement of the amount of loss caused to respondent No. 1 as consigner of its goods to respondent No. 2 transporter under general policy of insurance.2. The facts now not in dispute in this appeal are that a consignment of Bidi leaves was handed over by respondent No. 1 Mukesh & Company, dealers in tobacco products, to respondent No. 2 as transporter for its carriage from their godown in Padmanabhpur, Durg to be delivered at the destination Sambalpur in Orissa. The goods were loaded on 25-5-1988 in the truck for transportation by respondent No. 2. According to the case of the transporter, since the driver of the truck found that the Bidi leaves loaded were not properly t...
Sachindra Mahawar and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-23-1999
Reported in: 2000CriLJ637; 2000(1)MPHT127
ORDERDipak Misra, J.'Liberty is to the collective body, what health is to every individual body. Without health no pleasure can be tasted by man; without Liberty, no happiness can be enjoyed by society.'1. Thus spoke Bolingbroke.Liberty is the precious possession of the human soul. Not for nothing Patrick Henry thundered:'Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery Forbid it, Almighty God ! I know not what course others may take, but as for me, give me liberty, or give me death !'The thought of losing one's liberty immediately brings in a feeling of fear, an anguish of terrible trauma, an uncontrollable agony, a penetrating nightmarish perplexity and above all a sense of vacuum withering the very essence of existence. It is because liberty is deep as eternity and deprivation of it, infernal. May be for this protectors of liberty ask, 'How acquisition of entire wealth of the world would be of any consequence if one's soul is lost ?' The esse...
Cheena @ Rajjab Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-23-1999
Reported in: 2000(1)MPHT372; 2000(2)MPLJ20
R.S. Garg, J.1. Being aggrieved by the judgment dated 3-5-99, passed in Special Case No. 45/98 by the learned Special Judge (N.D.P.S.), Jabalpur, convicting the appellant under Section 20(b)(i) read with Section 8 of Narcotic Drugs & Psychotropic Substances Act (for short 'the Act') and sentencing him to undergo R.I. for four years and pay fine of Rs. 10,000/-; in default of payment of fine to undergo R.I. for three months, the appellant has filed this appeal.2. The prosecution case in brief is that on 10-9-98 Asstt. Sub-Inspector Shukla received an information that accused Cheena Musalman @ Rajjab of Jhiria Pasiyana was carrying Ganja on Scooter No. MP 20-P/5492. After receiving the information, the same was recorded in Sanha No. 643 and the information was sent to CSP. This fact was recorded in Sanha No. 644. The police party thereafter proceeded to the spot and after laying the trap, arrested the accused in front of the house of one Lallu Painter. Under Ex. P-10, the required intima...
Balram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-23-1999
Reported in: 2000(1)MPHT517
V.K. Agrawal, J.1. This appeal is directed against the judgment dated 2nd December, 1988 in S.T. No. 2/1988 by Additional Sessions Judge, Seoni whereby the accused-appellant was convicted under Section 376 of the I.P.C. for having committed rape with prosecutrix Premvati Bai and sentenced to undergo R.I. for 7 years.2. The prosecution case stated in brief is that the prosecutrix Premvati Bai (P.W. 3), on the date of incident, i.e., on 21-10-1987 had gone to keep watch of the Jwar crop standing on her field at village Malajpur, P.S. Kanhiwada, District Seoni. The prosecutrix Premvati Bai (P.W. 3) was sitting on the 'Madha' in the filed. The accused-appellant Balram, armed with a scythe, came there, caught hold of her and dragged her down. After extending threats to the prosecutrix and also assaulting her, he committed forcible sexual intercourse with the prosecutrix: The prosecutrix Premvati Bai (P.W. 3) raised cry of alarm. Her husband Ramprasad (P.W. 4), on hearing shouts of help of h...
Sukhnandan Vs. South Eastern Coalfields Ltd. and ors.
Court: Madhya Pradesh
Decided on: Aug-23-1999
Reported in: 2001ACJ1559
Usha Shukla, J.1. This is an appeal for. enhancement of compensation awarded by the Second Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 34 of 1986.2. The claimant is the husband of Gondibai. She died on 6.11.79 in an accident with truck No. MHG 5764 belonging to respondent No. 1. This truck was insured with respondent No. 3 and was being driven by respondent No. 2 at the time of the accident.3. The Claims Tribunal awarded a sum of Rs. 16,000 for mental agony and loss of consortium on account of the death of his wife and Rs. 2,000 as funeral expenses, total Rs. 18,000 against a claim of Rs. 4,50,000.4. It was contended on behalf of the appellant that the amount awarded was wholly inadequate. Reference was made to Section 140 of the Motor Vehicles Act, 1988 that the compensation under no fault liability too was Rs. 50,000 hence the claimant should be awarded Rs. 4,50,000 as claimed.5. The deceased was the wife of the claimant. She was aged about 25 years, at the...
Phool Bai and ors. Vs. South Eastern Coalfields Ltd. and anr.
Court: Madhya Pradesh
Decided on: Aug-23-1999
Reported in: 2000ACJ1549
Usha Shukla, J. 1. The claimants are the widow and five children of deceased Rasai who died in an automobile accident on 6.11.1979. Respondent No. 1 was the owner, respondent No. 2 was the driver and respondent No. 3 was the insurer of the offending vehicle.2. The Tribunal found negligence of the driver proved. It also held that claimants were dependent on the income of the deceased. But it awarded a lump sum of Rs. 20,000 as compensation as against a claim of Rs. 5,40,000. The adequacy of this award is challenged in this appeal.3. Deceased aged 45 years was in business of fish and was earning Rs. 60 per day as per the statement of his widow Phool Bai. The income of the deceased may be taken to be Rs. 1,500 per month on the basis of the evidence on record. He had a wife and five minor children to support. The dependency of the claimants is, therefore, taken to be Rs. 1,000, i.e., Rs. 12,000 per annum. To this a multiplier of 13 is applied; the compensation comes to Rs. 1,56,000. To thi...
Mohd. Arif S/O Mohd. Ishaque and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-20-1999
Reported in: 1999(2)MPLJ585
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the notification dated 18-11-1992 issued under Section 6 of the Land Acquisition Act, 1894, (hereinafter to be referred to as the Act) and also the award dated 9-2-1995.2. The only plea which has been raised during the course of the arguments by the petitioners is that the proceedings for the acquisition of the land in dispute have lapsed under Section 11A of the Act. Therefore, the facts relevant to that plea are being stated. The respondent No. 2 Collector, Bhopal issued notification dated 18-11-1992 under Section 6 of the Act. It was published in the official Gazette dated 4-12-1992. This includes the lands bearing Khasra Nos. 110/1 to 110/11 area 3.55 acres of village Nishatpura, Tehsil Huzur, District Bhopal. The public purpose for which the land was to be acquired is to establish a new Mandi. The award was signed by the Land Acquisition Officer on 30-11-1994 and it was approved by ...
Mohd. Arif and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-20-1999
Reported in: 2000(2)MPHT467
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the notification dated 18-11-1992 issued under Section 6 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) and also the award dated 9-2-1995.2. The only plea which has been raised during the course of the arguments by the petitioners is that the proceedings for the acquisition of the land in dispute have lapsed under Section 11A of the Act. Therefore, the facts relevant to that plea are being stated. The respondent No. 2 Collector, Bhopal issued notification dated 18-11-1992 under Section 6 of the Act. It was published in the official Gazette dated 4-12-1992. This includes the lands bearing Khasra Nos. 110/1 to 110/11 area 3.55 acres of village Nishatpura, Tehsil Huzur, District Bhopal. The public purpose for which the land was to be acquired is to establish a new Mandi. The award was signed by the Land Acquisition Officer on 30-11-1994 and it was approved by t...
Surdarshan Kumar and ors. Vs. Gangacharan Dubey and anr.
Court: Madhya Pradesh
Decided on: Aug-20-1999
Reported in: 2000CriLJ1618
ORDERR.P. Gupta, J.1. (21-8-1999) This revision petition is directed against the order dated 14-2-1995 of Shri Rishabh Kumar Jain, C.J.M. Sagar whereby C.J.M. took cognizance of offence punishable under Section 297/34, I.P.C. against the present petitioners and had directed under Section 204, Cr.P.C. against them to stand their trial for the offence. The order was passed on the complaint filed by the two respondents complaining of an alleged offer of indignity by the petitioners and others to the corpse of notorious criminal Raju Munda who was killed in an encounter by police on 30-12-1994 in village Berkhedi, Police Station Rahatgarh. The indignity to the corpse was allegedly offered after the post mortem on the dead body of Raju Munda, by tying the body at an elevated place on the traffic watch tower in a public place in front of main market near Katra Masjid in Sagar from 7 p.m. to 7.45 p.m. The watch tower was about 20 feet high. The body was exhibited for about 10 minutes on the g...
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