Madhya Pradesh Court January 2003 Judgments
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Yashwant Shilpkar Vs. Samta Shilpkar and anr.
Court: Madhya Pradesh
Decided on: Jan-29-2003
Reported in: 2003(2)MPHT286
ORDERNarain Singh 'Azad', J.1. By order dated 19-6-2001 passed in respondents maintenance application filed under Section 125, Cr.PC and registered as M.J.C. No. 50/2001, J.M.F.C, Jabalpur directed the petitioner to pay Rs. 1000/- p.m. to respondent No. 1 and Rs. 1500/- p.m. to respondent No. 2 as maintenance. Both the parties challenged the aforesaid order in Cr.R. Nos. 281/2001 and 282/2002 respectively which are disposed of by IV A.S.J., Jabalpur by a common order dated 30-1-2002. The petitioner sought quashment of order dated 19-6-2001 passed by J.M.F.C. in MJC No. 50/2001 whereas the respondents filed the revision seeking enhancement in the rate of maintenance.2. On perusal of record of MJC No. 50/2001 it is noted that the maintenance petition was filed on 11-2-94 which for the first time stood disposed of on 16-11-99 in favour of respondent No. 2 Suvigya only. While holding respondent No. 1 not entitled for maintenance J.M.F.C. directed the petitioner to pay an amount of Rs. 500/...
Murarilal Vs. Smt. Saraswati
Court: Madhya Pradesh
Decided on: Jan-29-2003
Reported in: AIR2004MP18; II(2003)DMC59; 2003(3)MPHT51; 2003(2)MPLJ489
P.C. Agrawal, J.1. By impugned judgment and decree the Trial Court dismissed the petition for divorce under Section 13 of the Hindu Marriage Act, 1955 ('Act' for short) by the husband against the Hindu wife and allowed counter claim for recovery of Stridhan of the respondent wife from the appellant/husband. 2. Parties were married on 5-5-92 and cohabited in Gwalior. They had Ku. Puja, born in December, 1993 as an offspring. 3. As per petition, the respondent/wife treated the appellant and his mother with cruelty. She used to abuse and beat the mother and even the appellant. In December, 1992 she brought a pesticide and threatened to commit suicide in case the mother of appellant was not shifted out of the house. Several times the respondent would lock the house and go somewhere to return only at 10 or 11 PM in night. She would not be available at home at time of his return from work. On asking she would abuse him and say that he has no right to check her. In May, 1994, the brother of r...
Prabhu and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-2003
Reported in: 2003CriLJ2130
1. The appellants, eleven in number, have preferred this appeal against the judgment dated 27-10-1994 rendered by the learned Addl. Sessions Judge, Jaora District Ratlam in Sessions Trial No. 127/1993 thereby convicting the appellants for the offences punishable under Sections 148, 450 and 302 read with Section 149 of the IPC and sentencing them each to R.I. for six months with fine Rs. 500/-, in default of payment of fine to suffer two months' additional R.I. under Section 148, IPC, R. I. for three years and fine Rs. 500/-, in default of payment thereof to suffer additional R.I. for two months under Section 450, IPC and imprisonment for life with fine of Rs. 4,000/, in default of payment of fine, to suffer additional R.I. for six months under Section 302/149, IPC. The substantive sentences have been directed to run concurrently, The amount of fine, which works out to Rs. 55,000/-, has been ordered to be paid to the widow of deceased as compensation.2. The facts as unfurled by the pros...
Chhanga Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-2003
Reported in: 2003CriLJ4306
ORDERS.L. Jain, J.1. Petitioner Chhanga stands convicted for the offences punishable under Section 304A of Indian Penal Code and sentenced to R.I. for one year and fine of Rs. 500/-, in default, to undergo further R.I. for one month vide Impugned judgment dated 27-8-2002, passed by Additional Sessions Judge, Rewa, in Criminal Appeal No. 98 of 2002 arising out of the judgment and order dated 26-4-2002, passed by Judicial Magistrate First Class, Rewa, in Criminal Case No. 194 of 1997.2. The facts of the case which lead to conviction are that on the relevant date, Ramdeen Vishwakarma, along with his son aged 8 years, came on the road to see his relations. He was standing by the side of the road near the shop of Chhotelal and was talking to Jagdish Patel. His son Avaneesh Vishwakarma was also standing on the side of the road. Truck No. MP-27-G/2205. being driven by the petitioner hit Avaneesh Vishwakarma consequently. Avaneesh fell down and died instantaneously. According to the prosecutio...
Badrilal Vs. Najju @ Najakathullah and ors.
Court: Madhya Pradesh
Decided on: Jan-29-2003
Reported in: II(2003)ACC368
ORDER1. For permanent injuries said to have been suffered by the present appellant in a motor road accident, whereby he had sustained fracture of his femur bone, he has been awarded sum of Rs. 52,862/-. This appeal is for enhancement.2. It was contended that the appellant is aged 45 years and was working as labour at the relevant point of time. It is also submitted that on account of fracture, there has been shortening of right leg by one and half inch. It has also been contended that permanent disability has been assessed by the doctor at 36% and earning capacity has been reduced by ten percent.3. On consideration of submissions as advanced and looking to the evidence available on record, we are of the considered opinion that the amount deserves to be enhanced. Indeed, a meagre sum has been awarded to the appellant for the permanent disability suffered by him in a motor road accident.4. In the considered opinion of this Court, appellant deserves and is awarded total sum of Rs. 1,50,00...
State of M.P. Vs. Jamadar and ors.
Court: Madhya Pradesh
Decided on: Jan-28-2003
Reported in: 2003(2)MPHT400; 2003(2)MPLJ520
S.L. Jain, J.1. Being aggrieved by the judgment and order of acquittal passed by the Judicial Magistrate, First Class, Schore, the State of Madhya Pradesh, has filed this appeal under Section 378(3) of the Code of Criminal Procedure for setting aside the same. By the impugned judgment and order dated 24-7-91 the accused/respondents were acquitted of the offences punishable under Section 26 of Indian Forest Act (hereinafter referred to as 'the Act') and Section 379 of Indian Penal Code. 2. Leave to appeal was granted to the appellant/State on 8-2-93. 3. The case of the prosecution, in short, is that complainant Ram Sukh Tiwari (P.W. 5) was a Forest Guard posted at Saliwara Beat. On 9-7-87, after the plantation work, while returning back from forest to his home Golchand (P.W. 3) and Saligram (P.W. 4) met him. Golchand informed him that in Saliwara Beat 5-6 persons are illegally felling the trees. He alongwith Golchand and Saligram proceeded to the place of occurrence and found that the r...
State of M.P. Vs. Bhagirath
Court: Madhya Pradesh
Decided on: Jan-28-2003
Reported in: 2003CriLJ4608; 2003(2)MPHT520; 2003(2)MPLJ462
S.L. Jain, J.1. Appellant/State has filed this criminal appeal under Section 377(1) of the Code of Criminal Procedure against the sentence imposed by the Judicial Magistrate First Class, Bedhan, upon the accused/respondent as per the judgment and order dated 28-4-92 passed in Criminal Case No. 294/92 aggrieved by its inadequacy.2. The prosecution case, in brief, was that at around 6.30 P.M. on 3-3-92, respondent-Bhagirath was driving Dumber No. ADJ-9122 belonging to M/s. Asian Foundation Construction Company Ltd., Sidhi, rashly and negligently. Another Truck No. CPA-3691 had met with an accident. One Parwati Bai wife of Jatai who was a labourer on Truck No. CPA-3691 and was standing near it was hit by respondent's truck.3. Injured Parwati Bai was admitted in C.H.C., Bedhan. The fact of her admission in the hospital was reported to Station Officer, Police Station, Bedhan, by Assistant Surgeon, C.H.C., Bedhan. She was referred to Vin-dyachal Super Thermal Power Project Hospital, Vidyanag...
Ram Bahadur Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-28-2003
Reported in: 2003(2)MPHT510; 2003(3)MPLJ45
ORDERS.L. Jain, J.1. Petitioner Ram Bahadur stands convicted for the offence punishable under Section 337 of the IPC and sentenced to R.I. for 3 months and to a fine of Rs. 500/-, [in default, to undergo imprisonment for one month] vide impugned judgment dated 2-7-99 passed by the Addl. Sessions Judge, Sagar in Criminal Appeal No. 50/99.2. The facts of the case which lead to conviction are that on the relevant date Ramnath Patel was going on his motor-cycle towards Civil Lines Square, Sagar and when he reached near Sangam Hotel, the petitioner who was driving the Commander Jeep No. MP 15-D 5017 hit Ramnath Patel which resulted in grievous injury. It is alleged that the petitioner was driving the jeep in a rash or negligent manner. The report of the incident was lodged by Ramnath Patel at Police Station, Gopalganj. He was examined by Dr. R.K. Khare who found as many as 8 injuries on his person. The offending jeep and its documents were seized. The jeep was inspected by Bharal singh Sola...
Premlal Birla Vs. Gilt Pack Ltd.
Court: Madhya Pradesh
Decided on: Jan-28-2003
Reported in: III(2003)BC350; [2003]46SCL173(MP)
ORDERA.M. Sapre, J. 1. This is a company petition filed by petitioner under Section 433(e) of the Companies Act seeking winding up of the respondent Company by name M/s. Gilt Pack Ltd. herein after referred to as 'Company' essentially on the ground covered under Section 433(e) of the Companies Act.2. The Company is having its place of business and registered office at Indore. It is the case of petitioner that they being the transporter and engaged in the said business, have on several occasions transported companies H.D.P.E. Bages. According to petitioner, a sum of Rs. 1,02,440 remains outstanding on the respondent towards payment of petitioner's unpaid bills which they had sent for doing transportation work. It is alleged that though several reminders were sent by the petitioner to the respondent but they were of no avail. Lastly, notice under Section 434 of the Act was also served demanding outstanding but the same was also not paid and hence, this petition for winding up of Company ...
Ravi Tiwari and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-28-2003
Reported in: 2003(3)MPHT528; 2003(3)MPLJ372
ORDERBhawani Singh, C.J. 1. Ravi Tiwari and Dinesh Badsar have challenged their detentions by District Magistrate, Khandwa (East Nimar), by orders dated April 4,2002, later approved by the State Government by order dated April 11, 2002.2. The Advisory Board constituted under Section 9 of the National Security act, 1980, considered the matter on April 13-5-2002 and opined that there existed sufficient cause for detention of petitioners under the National Security Act, 1980. Thereafter, the detention order has been confirmed under Section 12 of the Act of 1980 by the State Government vide order dated May 13, 2002.3. Both the petitioners are residents of Khandwa (East Nimar). Ravi Tiwari is 'Pujari' in 'Dadaji Parisar', so is his father Shiv Narayan Tiwari. Dinesh Badsar is a businessman, Manager of Co-operative Fair Price Shop in Dadaji Ward, Khandwa. His father is a Medical Practitioner. Both the petitioners submit that they below to well reputed families and are peace loving citizens.4...
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