Madhya Pradesh Court May 2002 Judgments
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Leelabai Vs. Kailashchandra
Court: Madhya Pradesh
Decided on: May-16-2002
Reported in: 2002(5)MPHT576; 2002(4)MPLJ552
S.L. Kochar, J.1. This revision has been preferred by the applicant/wife against the order dated 2nd July, 1999 passed by XV Additional District Judge, Indore Criminal Revision No. 49/98 arising out of the order dated 26th Nov., 1998, passed by the learned Judicial Magistrate, First Class, Indore in Misc. Criminal Case No. 13/98.2. The essential facts succinctly are mentioned for disposal of this revision as follows :--On the application filed under Section 125 of the Code of Criminal Procedure (for short, 'the Code') by the applicant/wife in Misc. Criminal Case No. 457/98, an order dated 15th October, 1992 for grant of maintenance @ 400/- per month from the date of the order, was passed wherein litigation cost of Rs. 500/- has also been imposed. Pursuant to the aforesaid order, on 29th Dec., 1992 an application for recovery was filed. On 10th January, 1994, non-applicant/husband deposited Rs. 5,700/- vide receipt No. 43 book No. 6093 in the CCD A/c. This amount was for the period 15th...
Leela Bai Vs. Kailash Chandra
Court: Madhya Pradesh
Decided on: May-16-2002
Reported in: II(2002)DMC581
S.L. Kochar, J.1. This revision has been preferred by the applicant/wife against the order dated 2nd July, 1999 passed by XV Additional District Judge, Indore, Criminal Revision No. 49/1998 arising out of the order dated 26th November, 1998, passed by the learned Judicial Magistrate, First Class, Indore in Misc. Criminal Case No. 13/1998.2. The essential facts succinctly are mentioned for disposal of this revision as follows :On the application filed under Section 125 of the Code of Criminal Procedure (for short, 'the Code') by the applicant/wife in Misc. Criminal Case No. 457/ 1998, an order dated 15th October, 1992 for grant of maintenance @ 400/- per month from the date of the order, was passed wherein litigation cost of Rs. 500/- has also been imposed. Pursuant to the aforesaid order, on 29th December, 1994, an application for recovery was filed. On 10th January, 1994, non-applicant/ husband deposited Rs. 5,700/vide receipt No. 43 book No. 6093 in the CCD A/c. This amount was for t...
Shantilal Vs. Mansingh and ors.
Court: Madhya Pradesh
Decided on: May-16-2002
Reported in: III(2002)ACC176
ORDER1. The appellant-claimant has filed this appeal under Section 173 of the Motor Vehicles Act, against the award dated 30.7.1997, passed by IIIrd Additional Member, Motor Accident Claims Tribunal, Dewas, in Claim Case No. 46/1997, by which it awarded a sum of Rs. 16,000/- together with 12% interest from the date of application (18.6.1990) till realisation and costs. The appellant is dissatisfied with the amount, which has been awarded by the Tribunal.2. For the proper disposal of this appeal few relevant facts are necessary to be considered. The appellant, who was working as Chief Municipal Officer in Municipality, Sehore and was drawing salary of Rs. 3,200/- p.m., on 19.12.1989 at about 8.30 in the morning came on Dewas bus stand to catch a bus for Sehore. He was standing on the bus stand, then a bus bearing No. CHI-7864, belonging to respondent No. 2 Corporation and being driven by respondent No. 1 Mansingh, came on the bus stand. As soon as the bus stopped, the passengers started...
Malkhan Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-15-2002
Reported in: 2002(4)MPHT25; 2003(4)MPLJ577
S.L. Jain, J. 1. This appeal is directed against the judgment and findings recorded by the learned IIIrd Additional Sessions Judge, Sagar in Sessions Trial No. 245 of 1987, whereby the accused/appellant has been convicted under Section 302 of the IPC and sentenced to undergo life imprisonment. 2. Succinctly narrated, the prosecution case is that the appellant Malkhan Singh and acquitted accused Abhay Singh are the real brothers. Both these brothers were having enmity with the deceased Motilal. On the date of incident i.e., on 13-5-87 deceased Motilal left his home to purchase kerosene for his shop from Gorjhamar. He had with him an empty tin and a bag. When Motilal did not return till the evening, his son Ashok Kumar alias Munna (P.W. 14) became anxious. He deputed his younger brother Pradeep to find out the whereabouts of his father. Pradeep was sent to Gorjhamar. Pradeep returned with an information that Motilal did not reach Gorjhamar. Thereon Ashok Kumar alongwith Ambika Mishra, Ka...
Jham Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-15-2002
Reported in: 2003CriLJ2847
Ajit Singh, J. 1. Appellants Jham Singh, Asharam, Manshram and Dharam Chandra, the accused persons in this case, have been convicted under Section 304 (Part-I)/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years by Additional Sessions Judge to the Court of Sessions Judge, Mandla, vide judgment dated 21-12-1989 in Session Trial No. 141/88 for causing the death of Punnulal, aged 60 years, the deceased in the case. The appellants have been found guilty of causing injuries on the deceased with Lathis on 16-6-1988 at about 9:00 p.m. at his house situated at village, Dhutka, district Mandla.2. Briefly stated the facts giving rise to this appeal are as under :--All the appellants, deceased Punnulal and the material witnesses belong to village, Dhutka, within the limit of Bamhni Police Station in Mandla district. In fact, all of them are virtually neighbours. Punnulal and his son, Ram Kumar (P.W. 1), had sold their land to their relative, Vipatlal (P. W.6)...
Halla Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-15-2002
Reported in: 2002(5)MPHT404
Ajit Singh, J.Appellant Halla, the sole accused person in this case, has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 18 months by the Sessions Judge, Chhatarpur, vide judgment dated 16-12-89 in Sessions Trial No. 12/89. The appellant has been found guilty of committing an offence of rape on Mst. Shakun Bai, on 16-11-88 at about 8:00 am in her cattle house situated at her field, commonly known as 'Bandhwa Khet' which is about one kilometer from her residential house. Notice for enhancement of sentence was given to the appellant by this Court on 7-2-90.2. Briefly stated the facts giving rise to this appeal are as under:--Prosecutrix Shakun Bai (P.W. 8), appellant Halla and the material witnesses belong to Village Dargawan, within the limit of Satai Police Station in Chhatarpur District. Shakun Bai (P.W. 8) was married to one Ramdas of another village about two years prior to the date of incident and had come to her parents'...
A.K. Shrivastava Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: 2002(3)MPHT1
ORDERS.S. Saraf, J. 1. The factual matrix and the question of law involved being similar, this petition and the following petitions were heard analogously and are being disposed of by this common order. (i) W.P. No. 3525/2001 (Sanjay Kumar Mishra and Ors. v. State of M.P. and Ors.) (ii) W.P. No. 3531/2001 (M.P. High Court Bar Association, Jabalpur and Anr. v. Union of India and Ors.) (iii) W.P. No. 3551/2001 (Kamal Joshi and Ors. v. State of M.P. and Ors.) (iv) W.P. No. 3554/2001 (Nemi Chand Nema and Ors. v. State of M.P. and Ors.) (v) W.P. No. 3597/2001 (Madhya Pradesh Class-III Government Association v. Union of India and Ors.) (vi) W.P. No. 4129/2001 (Madhya Pradesh Class-III Government Employees Association and Ors. v. State of Madhya Pradesh and Ors.). 2. These petitions under Articles 226 and 227 of the Constitution of India have been filed to quash the following:-- (i) The Notification No. F-A-4-2-2001-I(1)-2171, dated 25-7-2001 issued by the respondent/State of M.P. whereb...
Ramlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: 2002(3)MPHT400
ORDER1. This order shall also govern disposal of connected matters, the details of which have been given in the Annexure appended to this order.2. This application has been filed under Section 151, CPC for refund of Court-fee paid by the petitioners in earlier set for litigation, which was at their instance.3. The facts giving rise to filing of this application are mentioned in nut-shell as under: The case has a long and chequered history. Petitioner's land was sought to be acquired for setting up of Centre for Advance Technology (CAT) and wholesale fruit market. Notifications under Sections 4 and 6 of the Land Acquisition Act were issued. The parties appeared before the Land Acquisition Officer and submitted their objections. Land Acquisition Officer passed an award in favour of the land owners. Being dissatisfied with the award reference was made to the Civil Court. The Civil Court passed an award enhancing the amount of compensation, but still being dissatisfied the petitioners as l...
Nokhelal Vs. Shiv Pujan and ors.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: II(2003)ACC290; 2003ACJ1956; 2002(4)MPHT460; 2002(4)MPLJ53
ORDERAjit Singh, J. 1. This appeal is directed against the award dated 16-12-96 passed by the Motor Accident Claims Tribunal, Seoni, in Claim Case No. 23/94. 2. Claimant/Nokhelal is an employee of Steel Plant, Seoni, and at the time of accident he was earning Rs. 600/- per month. On 9-11-93 at about 10.00 p.m. while he was going on his Luna moped to attend his duties at the Steel Plant, a bus bearing registration No. MKA 3196 came from the opposite direction and dashed him near Village Lakhanwara of Seoni District. The said bus was being driven rashly and negligently by its driver, respondent No. 1. The bus is owned by the respondent No. 2 and insured with the respondent No. 3. Because of the accident, the claimant sustained three major fractures on his right leg. Consequently, he suffered enormous pain and incurred heavy expenses on travelling for his treatment to Nagpur, medicines, special diet, etc. etc. According to the claimant, because of the accident, he could not attend his dut...
Ramlaval Alias Ram Lakhan and anr. Vs. Smt. Simiya Bai and anr.
Court: Madhya Pradesh
Decided on: May-14-2002
Reported in: 2002(5)MPHT119; 2002(4)MPLJ85
ORDERV.K. Agarwal, J.1. This Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act' for short) is directed against the award dated 26-4-2000 in Motor Vehicle Case No. 914/99 by Additional Motor Accidents Claims Tribunal, Katni, awarding Rs. 25,000/- as compensation under Section 166 of the Act, in favour of claimant/respondent No. 1.2. Undisputably, on 6-5-1995 the claimant/respondent No. 1 was travelling by Tempo No. M.P. 20-B/1737. The said Tempo was dashed against from behind by Matador bearing registration No. M.P. 21/6816, resulting in injury to claimant/respondent No. 1 Smt. Simiya Bai.3. The claimant/respondent No. 1 filed application under Section 166 of the Act, alleging that the accident occurred on account of rash and negligent driving of offending Matador by its driver/appellant No. 1. It was alleged that the said Matador was owned by appellant No. 2 and was insured by respondent No. 2. The claimant/respondent No. 1 averred that she...
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