Madhya Pradesh Court February 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
BipIn Saluja Vs. Damodar Coal Agency
Court: Madhya Pradesh
Decided on: Feb-18-2005
Reported in: 2005(2)MPHT430; 2005(3)MPLJ116
ORDERA.K. Shrivastava, J.1. This order shall govern the fate of M.Cr.C. Nos. 9422/2004, 9423/2004, 9424/2004, 9425/2004, 9426/2004, 9427/2004, 9428/2004 and 9429/2004 since common question has been involved in these cases.2. No exhaustive statement of facts are necessary for the disposal of this case. Suffice it to state that respondent had filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner. This complaint was filed before the Judicial Magistrate First Class, Maihar, District Satna. The question about maintainability of petition at Maihar was raised by the petitioner. According to him, the Judicial Magistrate at Katni had territorial jurisdiction. The learned Magistrate at Maihar vide its order dated 26-10-1994 held that Maihar Court had jurisdiction. The petitioner, assailed the said order, by filing criminal revisions, before this Court. After having heard at length, this Court vide its order dated 30-9-1996, decided the bunch of criminal rev...
Dr. Atiq Mohammad Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-17-2005
Reported in: 2005(3)MPHT52; 2005(3)MPLJ450
ORDERA.K. Shrivastava, J.1. Eminent Jurist Cicero has said : 'The first law for the historian is that he shall never dare utter an untruth. The second is that he shall suppress nothing that is true.'The above said quotation of Cicero is fully applicable in the present case.One Prahlad Singh, who is the husband of prosecutrix, lodged a report in Police Station, Nasrullaganj which was reduced in writing in Rojnamcha Sanha No. 491 on 12-1-2004. A photocopy of the said report has been placed on record as Annexure 1. According to this report his wife (prosecutrix) on Friday, without informing him had gone away. In the Rojnamcha report, the description of the prosecutrix has been given. On the basis of the said report, a missing report No. 1/2004 was registered at Police Station, Nasrullaganj.2. It is said that in pursuance to the said report the police searched the wife of said Prahlad and ultimately succeeded in finding her on 22-1-2004. Thereafter,, her statement has recorded and a copy o...
Kamal Daroi Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-17-2005
Reported in: 2005(4)MPHT13; 2005(4)MPLJ157
ORDERAjit Singh, J.1. This revision is directed against the judgment dated 14-8-1998 passed in Criminal Appeal No. 46/1997 by the Sessions Judge, Hoshangabad, whereby he has confirmed the conviction and sentences of the applicant as passed by the Trial Court.The applicant stands convicted and sentenced by the Appellate Court as under:- Conviction SentenceUnder Section 304A of the Six months simple imprisonmentIndian Penal Code and a fine of Rs. 150/- or, indefault of payment of fine, to undergo one month simple imprisonment.Under Section 337 of the Indian Two months simplePenal Code imprisonment and a fine of Rs.100/- or, in default of payment of fine, to undergo 15 days simple imprisonment.The substantive jail sentences have been ordered to run concurrently.2. According to the prosecution case on 16-11-1994 at about 8.00 a.m. the applicant while driving his bus rashly and negligently dashed the same against a jeep which was coming from the opposite direction. At that time the bus was ...
State of Madhya Pradesh Vs. Navneet Lal Kamdar
Court: Madhya Pradesh
Decided on: Feb-15-2005
Reported in: 2005CriLJ1328
ORDERAjit Singh, J.1. This revision, by the State, is directed against the order dated 24-2-1998 passed in Criminal Appeal No. 1/1997 by the First Additional Sessions Judge (Special Judge), Khandwa, whereby he has discharged the accused/non-applicant of the offence under Section 7, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988.2. According to the prosecution case, the non-applicant was posted as clerk, Grade I, in the Land Record Section of the Office of Collector, Khandwa. In that Section one Shaila Pare was posted as Clerk, Grade II. On 11-9-1996 Shaila Pare made an oral complaint to Shri S.K. Vashisth, Collector Khandwa, against the non-applicant that he is demanding Rs. 200/- as illegal gratification to process her application for the withdrawal of Rs. 40,000/- from her General Provident Fund Account. Shri Vashisth, in order to verify her complaint, himself signed two currency notes of Rs. 100/- each in front of other officers and gave the same to her. Sha...
Beena Sharma and ors. Vs. Hemu and ors.
Court: Madhya Pradesh
Decided on: Feb-15-2005
Reported in: 2006ACJ873; 2005(3)MPLJ9
R.V. Raveendran, C.J.1. This is claimants' appeal against the judgment and award dated 30.6.1999 passed by the 9th Motor Accidents Claims Tribunal in Claim Case No. 83 of 1997.2. The matter relates to death of one Ashok Kumar Sharma, a Sub-Inspector of Police aged about 40 years. Claimants are the widow, 3 children and parents of the deceased. They alleged that the deceased was earning Rs. 5,143 per month. They claimed compensation of Rs. 17,50,000. After considering the evidence, Tribunal awarded the compensation of Rs. 4,47,440 with interest at the rate of 12 per cent per annum from the date of petition till date of payment.3. The said judgment is challenged by the claimants on the ground that the compensation is low. The fact that the deceased died in a motor accident involving vehicle bearing No. MP 04-W 0051 which is insured with the respondent No. 3, is not disputed. The only question that arises for consideration is whether the compensation is to be increased.4. The claimants ha...
Madhya Pradesh State Road Transport Corporation Vs. Kumar Singh and an ...
Court: Madhya Pradesh
Decided on: Feb-15-2005
Reported in: 2006ACJ1132
R.V. Raveendran, C.J. and Dipak Misra, J.1. This appeal is by the Madhya Pradesh State Road Transport Corporation, owner of the bus (No. MP 07-F 287), against the judgment and award dated 30.11.1999 passed by the Motor Accidents Claims Tribunal, Sironj, in Claim Case No. 24 of 1997 filed by respondent No. 1 herein. 2. Respondent No. 1 was travelling on his motor cycle bearing No. DBW 1885 on 30.3.1985 with two pillion riders. When the respondent No. 1 overtook a jeep, the M.P.S.R.T.C. bus bearing No. MP 07-F 287 coming from the opposite direction dashed against the motor cycle causing serious injuries to respondent No. 1 herein, as a result of which his right leg had to be amputated. Respondent No. 1 claimed that he was an agriculturist and was earning about Rs. 60,000 per annum. He filed the said claim petition claiming compensation of Rs. 14,40,000. 3. After appreciating the evidence let in, the Tribunal by its judgment dated 30.11.1999 held that the accident occurred due to negligen...
Sushila and anr. Vs. Rampal Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-15-2005
Reported in: 2007ACJ1958
R.V. Raveendran, C.J.1. This is an appeal by the claimants against the judgment and award dated 8.10.1997 passed by Motor Accidents Claims Tribunal, Bhind in Claim Case No. 67 of 1996.2. The claim petition was filed by this appellant who is the widow of one Ravindra Singh, claiming a compensation of Rs. 14,00,000 for the death of her husband in a motor accident involving truck bearing registration No. CIG 2252 on 6.5.1992. She stated that the deceased was aged 22 years and had a monthly income of Rs. 3,000 as a mechanic.3. She examined herself and also examined her father-in-law and the employer in regard to income. An eyewitness was also examined. The driver of the truck did not give any evidence. After appreciating the evidence, the Tribunal held as follows:(a) Accident occurred due to negligence of the driver of truck No. CIG 2252.(b) The deceased was an unauthorised passenger in the goods vehicle and, therefore, the insurer was not liable to pay compensation.(c) The income of the d...
Gyan Prakash Bhatnagar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-14-2005
Reported in: [2005(106)FLR518]; 2005(2)MPHT279; 2005(2)MPLJ537
ORDERArun Mishra, J. 1. Petitioner has prayed in this writ petition for proper seniority on the promotional post alongwith the benefits.2. Petitioner was in the service of Public Relations Department. He was initially appointed in the year 1966 as Translator. His services were lent on deputation to the Central Government on the post of Grade III, i.e., Sub Editor, DPR, Defence Ministry in the pay scale of Rs. 270-482/-. An offer was made to the petitioner of promotion on the post of Asstt. Public Relations Officer, at the same time it was informed that he will not be entitled for any allowances on the deputed post being lower in pay scale. Petitioner accepted the deputation. He remained on deputation till June, 1979.3. It is further averred in the petition that petitioner was made permanent as Translator on 27-4-1970. A provisional seniority list was published on 1-4-1980 of Class III Ministerial employees Names of directly recruited employees as Asstt. Public Relations Officer have fo...
Sanat Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-2005
Reported in: 2005CriLJ2272; 2005(2)MPHT185
A.K. Awasthy, J.1. Appellant-accused has filed this appeal under Section 374, Cr.PC against the judgment and order dated 15-1-1998 in S.T. No. 19 of 1996, passed by Addl. Sessions Judge, Agar, of his conviction and sentence under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') and R.I. of 10 years and fine of Rs. 1 lac, in default of payment of fine further imprisonment for a period of 2 years.2. The prosecution case is that on 15-8-96, at about 7 p.m. Station House Officer, Barod Bhati (P.W. 1) received secret information that the accused is carrying smak for sale and the secret information was recorded by him in the Panchnama (Ex. P- 2); that the information was sent by him through Constable to S.D.O.P., Agar; that S.D.O.P., Agar went to the police station and he alongwith the S.D.O.P., Agar and the seizure witnesses proceeded to Tekri of Kwaja Saheb, where the accused was apprehended and he was apprised of his right to opt for the search by t...
Tejsingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-2005
Reported in: 2005(2)MPHT369
A.K. Awasthy, J.1. Appellant has filed the appeal from the jail under Section 374 of the Cr.PC against the judgment and order dated 22-10-99 in Special Case No. 134/97 by Special Judge, Mandsaur of his conviction and sentence under Section 8/18 of the Narcotics Drugs and Psychotropic Substance Act (in short 'NDPS Act') for the rigorous imprisonment of 10 years and fine of Rs. 1,00,000/- and in default of payment of fine further rigorous imprisonment of 2 years.2. The prosecution case is that on 29-9-97 at about 1 P.M. at Police Station, GRP, Shamgarh, ASI Ramayan Yadav (P.W. 10) on receiving the secret information and forwarding it to the Superior Officer proceeded alongwith the raiding party to Railway Station, Shamgarh and on Platform No. 2 the bag which was in the hand of the appellant was searched in which, the opium weighing 950 gm was seized and after taking the sample of 30-30 gm the packet was sealed and the accused was taken to the GRP Shamgarh and after registering the case a...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- Next ›
- Last »