Madhya Pradesh Court April 2002 Judgments
Gend Lal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-30-2002
Reported in: 2002CriLJ4757; 2002(3)MPHT410; 2003(1)MPLJ46
Rajeev Gupta, J. 1. Appellant Gend Lal stands convicted under Section 302, IPC with sentence of imprisonment for life, vide impugned judgment dated 4-1-89 passed by Sessions Judge, Balaghat in Sessions Trial No. 115/88.2. Appellant Gend Lal has been found guilty of causing five bruises and one contusion on his wife Kamla Bai (since deceased) by means of a small bamboo-stick during the course of an altercation between them in the evening of 6-5-88, resulting in the corresponding fractures of her 9th and 10th ribs leading to the laceration of her liver and spleen. Deceased Kamla Bai, in the opinion of the Autopsy Surgeon, died on account of excessive bleeding from the above mentioned external injuries.3. The appellant's conviction is founded on the solitary eye-witness account of P. W. 1 Chetram, the Village Kotwar, who has categorically deposed that on the fateful day appellant Gend Lal during the course of an altercation with his wife Kamla Bai, over some domestic matter, picked up a b...
Tag this Judgment!Ashok Kumar Rawat Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2002
Reported in: 2002(4)MPHT246; 2002(4)MPLJ446
ORDERRajendra Menon, J. 1. Petitioner by this petition has challenged the notification, Annexure P-1 issued under the provisions of Rule 22 of the Panchayat (Up-Sar-panch, President and Vice-President) Nirvachan Niyam, 1995 by which the respondent No. 6 has been declared elected to the post of Vice-President in the reserved category of Scheduled Tribe.2. It is the case of the petitioner that respondent No. 6 is Sapera by caste and according to the Presidential notification issued under Article 342 of the Constitution of India. Sapera comes within the Scheduled Caste and not under the Scheduled Tribe. It is also the case of the petitioner that under the Constitution Scheduled Tribes Order, 1950, Sapera has been entered in the category of Scheduled Caste person and the respondent No. 6 is not a Scheduled Tribe person. Accordingly, he is not entitled to be appointed to the post of Vice-President in a seat reserved for Scheduled Tribe candidate.3. The respondents have filed return and it i...
Tag this Judgment!Bijeram Vs. Mangudas and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2002
Reported in: 2004ACJ153
Sakrikar, J.1. The appellant, owner of the offending vehicle, has directed this appeal under Section 173 of Motor Vehicles Act, against the award dated 1.9.1997 passed by M.A.C.T., Mandsaur in M.A.C.C. Case No. 33 of 1997 thereby exonerating the respondent No. 3 insurance company from the liability of payment of compensation as awarded in favour of respondent No. 1 (claimant).2. For the purpose of disposal of this appeal, facts in brief are, that a case for grant of compensation was filed before the Tribunal by the claimant-respondent No. 1 against the present appellant who was indicated as owner of the offending vehicle; respondent No. 2 driving the vehicle at the time of alleged accident and the respondent No. 3, the insurance company with whom the alleged tractor was insured.3. It is not in dispute that the alleged accident occurred at 4 p.m. on 2.12.1992, the learned Tribunal allowed the petition filed on behalf of the claimant and awarded compensation of Rs. 72,000 together with t...
Tag this Judgment!Ramchandra Vs. Sahabrao and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2002
Reported in: III(2002)ACC16
ORDER1. This order shall also govern disposal of Misc. Appeal No. 14 of 1992, Sahabrao s/o Gulabraoji and Two Ors. v. Ramchandra s/o Dhulji Barodiya, as both these Misc. Appeals have been preferred against the common Award passed by learned Third Addl. Motor Accident Claims Tribunal, Ratlam in Claim Case No. 19 of 1989 (old No. 49 of 1986) on 5.9.1991.2. Misc. Appeal No. 461 of 1991 has been filed under Section 173 of the Motor Vehicles Act, 1988 by appellant/claimant Ramchandra for enhancement of compensation and Misc. Appeal No. 14 of 1992 has been filed by the Insurance Company as well as owner and driver for setting aside the award passed by the Tribunal.3. The brief facts of the case are that on 21.10.1985 appellant/claimant Ramchandra was going on his motor cycle bearing registration number MPI-1933 from Bangrod towards Ratlam. One Babulal was sitting as a pillion rider on the aforesaid motor cycle. Near Jaora Naka one Matador, bearing registration number MBO-1556, which was bein...
Tag this Judgment!Vishambhar Vs. Smt. Buta Devi
Court: Madhya Pradesh
Decided on: Apr-29-2002
Reported in: II(2002)DMC435; 2002(4)MPHT84
ORDERSubhash Samvatsar, J.1. This revision is arising out of a matrimonial matter. The revision is filed by the plaintiff/husband, who had filed a petition for dissolution of marriage, filed under Section 12 of the Hindu Marriage Act, challenging the order refusing him the permission to examine the respondent from medical expert.2. The facts of the case are that the petitioner had filed an application under Section 12 of Hindu Marriage Act for annulment of marriage. The allegations of the plaintiff are that the petitioner and respondent married on 13-7-1994 at Ummedgarh and came to their residence at Gwalior on 15-7-1994. On that date the petitioner came to know that the respondent was carrying and was pregnant on account of her sexual relations with some third person, therefore, the petitioner did not cohabit with her and there was no physical relation between them. The petitioner immediately on 16-7-94 reported this matter to the father of respondent, who came to Gwalior on 18-7-94 a...
Tag this Judgment!Ameer Khan Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-29-2002
Reported in: 2002(4)MPHT68; 2002(3)MPLJ128
ORDERRajendra Menon, J.1. The petitioner, a student who had appeared in the Pre-Medical Test conducted by the Professional Examination Board, Madhya Pradesh, Bhopal (hereinafter referred to as the 'Board') has called in question selection made to the M.B.B.S., course for the year 2001, results of which were declared by the Board on 28-8-2001.2. Necessary prospectus and admission rules for the Pre-Medical Test were notified by the Board as PMT-2001 (hereinafter known as 'Rules') and according to the same, two seats were reserved for sons and daughters of Other Backward Class ex-soldiers (hereinafter known as OBC Sainik Category) as is evident from the rules extract of which has been filed as Annexure P-1. Clause 2.4.1 thereof indicates the category and distribution of seats in various Medical Colleges. For the OBC Sainik Category, in all two seats are reserved.3. According to the rules, one seat for woman candidate in the OBC Sainik Category was reserved at the Gandhi Medical College, B...
Tag this Judgment!Aghnu and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-29-2002
Reported in: 2002(4)MPHT577; 2002(3)MPLJ435
S.P. Khare, J.1. Appellants Aghnu and Chaitu have been convicted under Section 376(2)(g), IPC and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1000/- each.2. The prosecution case is that on 26-5-1998 at 10 A.M. Reotibai (P.W. 1) aged about 17 years was returning from Village Naijhar and when she reached Chimkatola she was caught hold of by accused Aghnu and Chaitu and they took her inside the forest and committed rape on her one by one. They threatened her with dire consequences, if she disclosed this incident to anyone. On her cries Vinod (P.W. 3) came there and scolded the accused persons and then they ran away. She came to her house and narrated the incident to her grand-mother aged about 90 years and Dholidas (P.W. 2) who is Kotwar of the village. She was suffering from epilepsy and on account of the threats given by the accused she could not go to the police station earlier. She went to the police station 8-6-1998 and lodged the FIR (Ex. P-1). After invest...
Tag this Judgment!Vikram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-29-2002
Reported in: 2002(4)MPHT551
S.P. Khare, J.1. Appellant Vikram has been convicted under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended in 2001), hereinafter to be referred to as 'the Act', for having been found in possession of 200 grams of opium on 3-11-2000 at 11.00 P.M. near Village Bhanwra Mugli and sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 3,000/-.2. During the course of hearing of this appeal the only point which has been raised on behalf of the appellant is that Section 50 of the Act has not been complied with and, therefore, the conviction should be set aside. According to CD. Tiwari (P.W. 4), Station Officer of Ashta Police Station he was talking to Sobhal Singh (P.W. 5) and Gopal Singh (P.W. 10) on his patrolling duty and then he saw a person coming from the opposite direction and on seeing the police vehicle he retraced his steps and started running towards the side from which he was coming. He was caught hold of. He was accused Vikr...
Tag this Judgment!Sajid Chandanwala Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-26-2002
Reported in: 2002(3)MPHT348
ORDERS.L. Kochar, J. 1. This revision has been directed by the applicant against the order dated 9-3-2002, passed by learned VIIIth Additional Sessions Judge, Indore, in Session Trial No. 107/2001, allowing the application filed by the other accused persons under Section 319 of the Code of Criminal Procedure for impleading the applicant as accused on the ground that in the First Information Report as well as in the statement given by the witnesses before the police (under Section 161 of Cr.PC), the witnesses have named the applicant. Thereafter one eye-witness Hafiz s/o Abdul Shakur (P.W. 11), examined on 15-2-2002, has also stated the name of the applicant in Paragraph 3 as one of the participants in the alleged incident of commission of murder of Mohammad Rafiq. In cross-examination done by the Counsel for the other accused persons, in Paragraph 6 he has stated as under:-- ^^;g lgh gS fd lkftn ds firk dk uke nkn gSAlkftn pUnuuxj okyk dksbZ ugah gSA ;g lgh gS fd igyk ckj eksgEen jQhd ...
Tag this Judgment!Mrs. Kamini Malhotra Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-26-2002
Reported in: AIR2003MP13; 2002(5)MPHT245; 2002(3)MPLJ389
ORDERV.K. Agarwal, J. 1. This Misc. Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act' for short) is directed against the order dt. 7-3-2002 in Arbitration Case No. 3/2002 by Ninth Additional District Judge, Jabalpur, holding that, the Civil Court has no jurisdiction to entertain and decide the application under S. 9 of the Act. 2. The appellant is the proprietor of M/s. Gaurav Builders, which specialises in installation and construction of Water Treatment Plants. A notice inviting tender dt. 16-11-1993 (Annexure A-1) was issued for design, construction and commission of Water Treatment Plant near Lalpur for Jabalpur Water Supply Scheme. The appellant in response to the above tender submitted her bid. Appellant's tender was accepted and contract was awarded to the appellant by letter dt. 14-8-95. The appellant in pursuance of the contract submitted the design of said plant and started execution of the said work, However, the work cou...
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