Madhya Pradesh Court January 2000 Judgments
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Krishan Kumar and Others Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-11-2000
Reported in: 2001(1)MPHT45
Fakhruddin, J.1. The appellants have preferred this appeal against their convictionand sentence. Appellants Krishan Kumar and Vinod Kumar have been convicted under Section 302, Indian Penal Code, and sentenced to imprisonment for life and fine of Rs. 2000/- each and default to further undergo six months' rigorous imprisonment. They have been further convicted under Section 307, IPC and sentenced to seven years rigorous imprisonment and a fine of Rs. 1000/- each and in default to further undergo three months rigorous imprisonment. Appellant Basant Kumar has been convicted under Section 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 2000/-and in default to further undergo rigorous imprisonment for six months. He has also been convicted under Section 307/34, IPC and sentenced to seven years rigorous imprisonment and a fine of Rs. 1000/- and in default to suffer further rigorous imprisonment for three months. Both the sentences of imprisonment were to run concurrently...
Pawan Kumar JaIn Vs. Smt. Sunita Jain
Court: Madhya Pradesh
Decided on: Jan-11-2000
Reported in: II(2000)DMC377
ORDERR.S. Garg, J.1. By this petition under Section 115 of the Code of Civil Procedure, the plaintiff seeks to challenge the award of litigation expenses granted in favour of non-applicant wife.2. The applicant's contention is that the parties are litigating on different fronts and as the non-applicant wife is a practising Advocate, she was would not be entitled to Rs. 2,000.00 as expenses of litigation. It is also contended that the present suit is required to be consolidated with the suit filed by the wife under Section 9 of the Hindu Marriage Act and even such suits are consolidated, the expenses already granted in favour of the wife would serve the purpose.3. Mr. Ahluwalia, learned Counsel for the non-applicant, on the other hand, submits that the wife has instituted a suit in Sagar Court, while the husband had filed the suit in Raipur Court. Later on, the suit pending at Raipur was also transferred to Sagar Court and as there is no order of consolidation of the suits, the Trial Co...
Bharat and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-11-2000
Reported in: 2000(1)MPHT543
ORDERN.K. Jain, J.1. The short question involved in both these revisions is as to whether an accused person is entitled to receive copies of the statements of the witnesses recorded by the investigating officer in connection with inquest under Section 174 Cr.P.C.2. In the instant cases, admittedly, statements of the prosecution witnesses were recorded twice, firstly, in connection with the inquest under Section 174 Cr.P.C., and then under Section 161 Cr.P.C., after registration of the crime. The learned Magistrate has declined prayer made by the accused applicants for supply of the copies of the former statements on the ground that an accused person is not entitled to receive such copies. Reliance has been placed on a Division Bench decision of this Court in Ashok Dubey (1980 MPLJ 300).3. In Ashok Dubey (supra), although a passing remark is made by the Court regarding right of the accused to receive copies of the statements recorded under Section 174 Cr.P.C.. However, as made clear in ...
Khanju Prasad Ladiya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-11-2000
Reported in: 2000CriLJ4400; 2000(2)MPHT480; 2000(1)MPLJ23
A.K. Mishra1. Present appeal has been filed by the accused aggrieved of conviction under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and Section 161 I.P.C.. He has been sentenced to R.I. for one year and a fine of Rs. 500/- and in default R.I. for three months under each of the charges. Both sentences have been ordered to run concurrently, on account of having obtained illegal gratification from Ganesh Prasad in order to give the lease of the land to him. According to the prosecution case the accused applicant was holding the post of Naib Tehsildar and was working under SDO, Khurai at the relevant time on 1-2-85. Complainant Ganesh Prasad was granted temporary lease in the year 1973-74 of 5 acres of land situated at village Bandri and his possession continued over the said land. He wanted to obtain permanent lease of the said 5 acres of land comprising in survey No. 329/12. When complainant contacted Naib Tehsildar at village Malthone, he asked him to get...
Yogendra Prasad Vs. Vinod Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2000
Reported in: II(2000)ACC779; 2002ACJ361
V.K. Agrawal, J.1. This appeal is directed against the award dated 15.4.1999 in Motor Accident Claim Case No. 69 of 1998, by Addl. Motor Accidents Claims Tribunal, Mauganj, District Rewa, whereby an award granting total compensation of Rs. 69,000 in favour of the petitioner claimant-respondent No. 1 has been passed, as against the owner of the vehicle, the appellant.2. The allegations were that the mother of petitioner-respondent No. 1 was sitting on the side of the road selling vegetables on 27.4.1990. The tractor-trolley owned and driven by the appellant ran over her, resulting in her sustaining grievous injuries which despite treatment led to her death. It was also alleged that the respondent No. 3 was the insurer of the vehicle.3. Learned Tribunal found that Tedhi Bai, the mother of claimant-respondent No. 1, Vinod Kumar, had sustained fatal injuries in the accident. It was, however, observed by the learned Tribunal that the claimant has failed to prove that offending tractor was i...
Union of India (Uoi) Vs. Shanti Devi and ors.
Court: Madhya Pradesh
Decided on: Jan-10-2000
Reported in: (2000)ILLJ1482MP; 2000(1)MPHT511; 2000(1)MPLJ399
ORDER1. Heard learned counsel for the appellant. Perused the record.The solitary ground urged and pressed in support of this appeal is that the learned Single Judge while allowing the writ petition and holding that the petitioners were entitled to the family pension had erred in awarding the interest at the rate of 12% per annum for which there was no provision under the Employees' Family Pension Scheme, 1971.2. Learned counsel has urged that in the absence of any statutory provision casting liability on the appellant for the payment of interest, no direction should have been issued saddling the appellant with the liability in regard to the payment of interest on the unpaid amount of the family pension.We have given our anxious consideration to the above submission.3. The provision contained in paragraph 28 of the Employees Family Pension Scheme, 1971 stipulates that in the case of a member who being a member of the Family Pension Fund at the age of 25 years or less dies during the per...
Factory Manager, Indore Textiles Vs. Ravishankar and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2000
Reported in: (2001)IIILLJ258MP
A.M. Sapre, J.1. The challenge in this petition preferred under Article 226/227 of the Constitution, is at the instance of employer to the two orders passed by the Labour Court and affirmed by the Industrial Court in appeal in favour of respondent No. 1. The facts found proved need mention to appreciate the issue urged. 2. The petitioner is a scheduled industry as per the provision of the M.P. Industrial Relations Act (for short 'the Act'). Respondent No. 1 was an employee working in the petitioner's industry. 3. On February 22, 1988, respondent No. I was served with chargesheet for a major misconduct enumerated in the standing orders applicable. As a consequence, the case was adjudicated by the departmental enquiry which resulted in dismissal of respondent No. 1. This led to filing of an application by respondent No. 1 before the Labour Court under Section 31(3) of the Act challenging the said dismissal. The Labour Court held the enquiry proceedings to be bad and illegal and called up...
Ram Singh Vs. Smt. Tekwati Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2000
Reported in: II(2000)DMC486
V.K. Agarwal, J.1. This appeal by the defendant/husband is directed against the judgment and decree dated 24.9.1993 in Civil Suit No. 32-A/86 (4-A/89), by Addl. District Judge, Narsinghpur, whereby the suit of the plaintiff/respondent No. 1 was decreed and the defendant/husband has been directed to pay her monthly maintenance @ Rs. 300/-.2. The plaintiff/respondent No. 1 is the wife of defendant/appellant. They were undisputably married according to caste custom on Miti Falgun Badi 1 Samwat 2034 at village Chhidamani, Tahsil Gotegaon, District Narsinghpur. A daughter was begotten from the said wedlock. The daughter however expired at a young age at Chhidamani.3. The plaintiff/respondent No. 1 averred that her husband-the appellant started maltreating her after the birth of the daughter. She was sent back to her parents' place while her young daughter was seriously ill. Their daughter died on the next day after the plaintiff/respondent No. 1 reached Chhidamani. Though the plaintiff-wife...
Ram Singh Vs. Tekwati Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2000
Reported in: II(2001)DMC286
V.K. Agarwal, J.1. This appeal by the defendant/husband is directed against the judgment and decree dated 24.9.1993 in Civil Suit No. 32-A/86 (4/89), by Addl. District Judge, Narsinghpur, whereby the suit of the plaintiff / respondent No. 1 was decreed and the defendant/husband has been directed to pay her monthly maintenance @ Rs. 300/-.2. The plaintiff/respondent No. 1 is the wife of defendant/ appellant. They are undisputably married according to caste custom on Miti Falgun Badi 1 Samwat 2034 at village Chhidamani, Tahsil Gotegaon, District Narsinghpur. A daughter was begotten from the said wedlock. The daughter however expired at a young age at Chhidamani.3.The plaintiff/respondent No. 1 averred that her husband-the appellant started maltreating her after the birth of the daughter. She was sent back to her parents place while her young daughter was seriously ill. Their daughter died on the next day after the plaintiff/respondent No. 1 reached Chhidamani. Though the plaintiff-wife t...
Sitaram Dua Vs. Saraswati Devi Sainy and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2000
Reported in: AIR2000MP327; 2000(3)MPHT272
ORDERR.S. Garg, J.1. By this petition Under Section 115 of the Code of Civil Procedure, the applicant seeks to challenge the correctness, validity and propriety of the order dated 17-7-1998 passed by the 6th A.D.J. Bilaspur in Misc. C.A. No. 8/97.2. The facts necessary for disposal of the present revision are that one Gurdeo Singh filed a suit against the present applicant defendant inter alia pleading that the applicant defendant be restrained from flowing the dirty water in the lane and be also restrained from creating nuisance. The suit was contested by him up to the year 1995, though RS in the year 1992, the said Gurudeosingh transferred the property in favour of the present non-applicants. The factum of sale was not brought to the notice of the Court, nor the present applicant knew about it. The non-applicants, despite purchase of the property, did not come to the Court either under Order 1 rule 10 or under Order 22 rule 10 of the Code of Civil Procedure. The suit continued and af...
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