Madhya Pradesh Court December 2004 Judgments
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Mangaliya Alias Mangal Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-07-2004
Reported in: 2005(1)MPHT469; 2005(1)MPLJ522
A.K. Gohil, J. 1. Appellant has filed this appeal challenging his conviction under Section 376(1), IPC and sentence to undergo 7 years' R.I. and, fine of Rs. 500/- and in default of payment of fine, to further undergo 6 months' R.I., and conviction under Section 323, IPC (on three counts) and sentence to undergo 3 months' R.I. on each count, by judgment dated 3-7-2001 in Sessions Trial No. 256/2000 by Sessions Judge, Shivpuri.2. As per prosecution story, on 30-8-2000 at about 12 o'clock in the noon prosecutrix alongwith her sisters-in-law Vidya and Asha had gone to forest for taking fire-wood. In the forest one young person came there. He was wearing brown pant and light brown lining shirt. Prosecutrix was not knowing his name, he caught hold her hand. Both sisters-in-law objected then he assaulted them by lathi and he forcibly took her to some distance place and thereafter put her on earth and unfolded her undergarments and committed rape and after committing rape ran away from the sp...
Roshanlal Maravi Vs. Shambhoo Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-07-2004
Reported in: 2005(1)MPHT309; 2005(1)MPLJ467
ORDERR.V. Raveendran, C.J.1. The post of Sarpanch of Gram Panchayat, Bangawan (Shahdol) was reserved for a Scheduled Tribe candidate in 1999-2000 elections. The first respondent, claiming that he belongs to Gond community, contested the election and was declared elected as Sarpanch on 5-1-2000.2. The Naib Tehsildar, Kotma issued a letter dated 22-12-2000 requiring the first respondent to submit documents in proof of his caste on 23-12-2000. In pursuance of it, he produced a caste certificate dated 27-10-1997 issued by the Naib Tehsildar, Kotma showing that he belonged to 'Gond' caste. In the meanwhile, it would appear that one Leeladhar Sharma (fourth respondent) filed a complaint that the first respondent did not belong to a Scheduled Tribe. After a preliminary enquiry, the Sub-Divisional Magistrate, Anuppur (third respondent herein), issued a notice dated 23-2-2001 to first respondent alleging that his enquiry revealed that the first respondent belonged to Village Devnandpur, Distric...
H.C. Anand Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-06-2004
Reported in: [2005(105)FLR90]
S.K. Seth, J.1. Present write petition is directed against the order dated 22.11.2003 (Annexure P-2) and the office order dated 22.1.2004 issued by the Engineer-in-Chief and Executive Engineer respectively. By the orders, impugned 1.3.1944 was accepted as the date of birth of the petitioner and accordingly he has been retired from Government service on 28.2.2004.Necessary facts that are relevant for the disposal of the present case are as under. Petitioner entered Government service in the year 1971 as work-charged Sub-Engineer. He was promoted as Sub-Overseer by order dated 6.3.1973. He was appointed as regular Sub-Engineer by order dated 19.6.1974 and he resumed duties on 1.7.1974. In the service book, his dale of birth was recorded only in figure and not in words. These facts are undisputed.2. According to petitioner for the first time by letter dated 5.3.2003 he became aware that there is some confusion regarding his date of birth as it was not written in words. Further case of the...
Prakashchandra Vs. Mahalaxmiben and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2004
Reported in: AIR2005MP118
S.K. Gangele, J.1. This is plaintiff s Second Appeal against the judgment and decree passed in Civil Appeal No. 77-A/84, affirming the judgment and decree passed in Civil Suit No. 27-A/81 dated 21-2-1983.2. This Judgment shall also govern the disposal of Second Appeal No. 9/89 (Laxmi v. Smt. Mahalaxmiben); S.A. No. 14/89 (Daulatrao v. Smt. Mahalaxmiben); S.A. No. 21/89 (Laxmansingh v. Smt. Mahalaxmiben); S.A. No. 176/89 (Chhaganlal v. Smt. Mahalaxmiben); S.A. No. 178/89 (Denanath v. Mahalaxmiben) and S.A. No. 179/89 (Shaligram v. Mahalaxmiben) because all civil suits were conducted together and a common evidence was recorded in all the appeals and a common judgment was passed by the trial Court.3. The appeal was admitted by the Court on 29-11-1989 on the following substantial question of law :-'Whether on the facts and circumstances of the case, learned lower Court erred in law in refusing to grant a decree for specific performance of contract or alternatively for refund of considerati...
Badri Prasad Prajapati and Etc. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-04-2004
Reported in: 2005CriLJ1856
A.K. Shrivastava, J. 1. These two appeals have been preferred against the judgment of conviction and order of sentence passed by trial Court convicting appellants under Sections 460/34 and 397/34, I.P.C. Apart from the said conviction, appellants have been further convicted under Sections 323/34, I.P.C. Both the appellants have been sentenced to 7 years rigorous imprisonment under Sections 460/34, I.P.C. as well as under Sections 397/34, I.P.C. Apart from these sentences, both the appellants have been sentenced for one year R.I. under Sections 323/34, I.P.C.2. In brief the case of prosecution is that in the locality of civil line of Panna, Dr. Hemant Sinha and Dr. Veena Sinha are having a hospital-cum-residential building. In the night of 28-6-2001 (2.30 a.m.) P.D.S. Bundela Station Officer In-charge was patrolling in the city, at that juncture he heard the hue and cry coming from the house of Dr. Hemant Sinha, as a result of which he entered in the house to enquire the matter, where D...
Gangabishan Dwarikadas Agrawal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2004
Reported in: 2005(3)MPHT220
ORDERK.K. Lahoti, J.1. Petitioner has challenged the order Annexure P-9 dated 2-6-2004 issued by respondent No. 3 by which respondent No. 4 has been directed to take steps for cancellation of Mandi licence of petitioner under Section 33 of M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as 'Act' for short) and to file a criminal case against the firm under Section 420, IPC by lodging First Information Report to police.2. The petitioner has sought following reliefs in this petition :-'(i) Certiorari, for quashing the order dated 2-6-2004, Annexure P-9 passed by the respondent-Managing Director, M.P. State Agriculture Marketing Board;(ii) Mandamus, restraining the respondent-Krishi Upaj Mandi Samiti, Banapura Tehsil Seoni Malwa District Hoshangabad from making any complaint to the police against the petitioner;(iii) Any other order/orders that this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also kindly be passed.'3. The facts of the ...
Phulwarilal Mishra and anr. Vs. Awadhesh Kumar and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2004
Reported in: II(2005)ACC603; 2005ACJ1342; 2005(1)MPLJ392
Gohil, J.1. This judgment shall govern the disposal of both the aforesaid appeals.2. M.A. No. 115 of 1997 has been filed by the claimants for enhancement of compensation. In a third party claim, Tribunal has awarded compensation of Rs. 50,000 for the death of the deceased Bhupendra Mishra a boy of about 15 years.3. M.A. No. 126 of 1997 has been filed by the insurance company on the ground that the driver who was driving the offending vehicle was not having a valid driving licence, therefore, the insurance company cannot be made liable to indemnify the liability on account of breach of terms and conditions of the insurance policy.4. The brief facts of the case are that on 26.11.1996, deceased Bhupendra after purchasing vegetables from the market was going back to his house on bicycle. The offending truck No. CIH 7561 was being driven by the respondent No. 3 Awadhesh Kumar. He was driving the same rashly and negligently and hit the deceased from behind without giving any horn and as a re...
Vimal C. Sodhani Vs. Parag Fans and Cooling System Ltd. and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2004
Reported in: [2006]133CompCas286(MP)
A.M. Sapre, J.1. The decision rendered in this company petition shall also govern disposal of other two connected company petitions being Company Petition Nos. 13 and 14 of 2002 because all these petitions involve common points.2. This is a company petition filed by one Vimal Sodhani under Section 433(e) of the Companies Act, 1956, seeking winding up of respondent No. 1 company. The winding up is claimed essentially on the ground of inability to pay the alleged debt.3. The petition though filed or I may say claimed to have been filed by Mr. Vimal Sodhani but the same is filed by one Rajesh son of Shanti Swaroop Sodhani as power of attorney holder of Vimal Sodhani, i.e., petitioner. In other words, the petition is signed, verified and affirmed by Mr. Rajesh Sodhani in his capacity of the petitioner's power of attorney holder. In support of this a copy of power of attorney is filed as annexure PI.4. A perusal of this power of attorney (annexure PI) would indicate that in the first place,...
BipIn Bihari Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-03-2004
Reported in: 2005CriLJ2048; 2005(1)MPHT285; 2005(2)MPLJ514
A.K. Shrivastava, J.1. This appeal has been directed against the judgment of conviction and order of sentence dated 27-4-2004 passed by the learned IInd Additional Sessions Judge, Shahdol (Camp Beohari) in Sessions Trial No. 2/2003 whereby the appellant has been convicted under Section 307 of the Indian Penal Code (in short 'the IPC) and has been sentenced to suffer rigorous imprisonment for life and pay a fine Rs. 5,000/-, in default, to suffer simple imprisonment for two years. The Trial Court further directed that the amount of fine to be paid to the complainant Mahabali as compensation under Section 357 of the Code of Criminal Procedure (for brevity 'the Code').2. In brief the case of prosecution is that the complainant Mahabali on 18-11-2002 at 5 p.m. was grazing his ox in his field. His sister-in-law was cutting the crop. On hearing the scold of his Bhabhi, the complainant rushed towards her and found that the appellant had entered into an altercation with her. The complainant fo...
Tofan Singh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-03-2004
Reported in: 2005(1)MPHT457; 2005(1)MPLJ412
A.K. Gohil, J. 1. Being aggrieved by the judgment of conviction dated 21-7-93 under Section 302/34 of IPC in Sessions Trial No. 19/93, passed by Additional Sessions Judge Mungaoli, District Guna, the appellants have filed this appeal.2. Appellants were tried by Additional Sessions Judge, Mungaoli, District Guna in Sessions Trial No. 19/93 for a charge under Section 302/34 on an allegation that on 12-11-1992 at 6.00 p.m. in furtherance of their common intention the appellants committed murder of deceased Ratna by causing injuries by lathi.3. As per prosecution story, Tulsiram (P.W. 1), elder brother of deceased Ratna, lodged a report at Police Station, Bahadurpur. In the FIR it is stated that he is residing at Village Jaroli. His brother deceased Ratna was working as a labourer in the field of Omprakash Lala. He is having Padat land in the village and both the appellants Santosh Yadav and Tofan Yadav used to graze the grass by their cattle in his field. On this there was a quarrel betwe...
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