Madhya Pradesh Court April 2005 Judgments
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Dr. Ajay Kashyap Vs. Dr. (Smt.) Hemlata Kashyap and anr.
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: AIR2005MP227; 2005(3)MPHT343; 2005(3)MPLJ497
ORDERRajendra Menon, J.1. This petition under Article 227 of the Constitution has been filed challenging an order passed by the Family Court, Gwalior vide Annexure P-1 on 5-11-2004 granting maintenance to the respondent in a application under Section 24 of the Hindu Marriage Act filed by the respondent. Maintenance @ Rs. 2000/- per month to respondent No. 1 wife and Rs. 1000/- per month to her seven years old son has been granted by the impugned order.2. Petitioner and respondent were married on 19-11-95 at Gwalior. Because of certain reasons petitioner filed an application for dissolution of the marriage under Section 13 of the Hindu Marriage Act before the Competent Court of jurisdiction at Indore where petitioner is residing. Petitioner contended in his application under Section 13 Annexure P-2 that he has a B.A.M.S. Doctor having received Post Graduate Diploma in Management, he is a Regional Sales Manager in a Private Ayurvedic Hospital. Inter alia contending that respondent is als...
Jamna Prasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: 2005(3)MPHT358; 2005(4)MPLJ4
S.K. Pande, J.1. Sessions Judge, Bhopal in S.T. No. 204/88 recording conviction of appellant under Section 304 Part II, IPC sentenced him to undergo R.I. for a period of five years. Being aggrieved, appellant has preferred this appeal under Section 374(2). Cr.PC.2. On 12-2-86 deceased Pratap s/o Khoobchand had been to Police Station, Nishadpura where he orally lodged the report recorded in Rojnamcha (Ex. P/8-C) to the effect that on 11-2-86 while returning from Bhopal he alongwith Ramlal (P.W. 4) alighted from the bus. On way, appellant who is son-in-law of his brother Khushilal (P.W. 1) inflicted injury on his hand by Kharra (a thick wooden stick). Appellant also inflicted injury on his chest by throwing stone. Recording the substance of the report in Rojnamcha (Ex. P/8-C) Pratap s/o Khoobchand was sent to the hospital for medical examination. Examined by Dr. Anoop Dave (P.W. 8), the deceased made complaint of pain on chest and back. Recording report (Ex. P-11) he was referred to the ...
Mansukh Gond and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: 2005(4)MPHT105
S.K. Kulshrestha, J.1. This appeal is directed against the judgment dated 15-11-1994 of the learned 2nd Additional Sessions Judge, Jabalpur in Sessions Trial No. 519/1994, by which the appellants have been convicted under Section 302 read with Section 34 of the IPC, and each has been sentenced thereunder to Imprisonment for Life and fine of Rs. 100/-, and on failure to deposit fine, further imprisonment of 2 months for having voluntarily caused the death of Bal Singh on the night of 4-1-94, at about 9.30 PM, in Village Daddar Gavan, Barhatola, by first strangulating him and then burning his body.2. The current case is also an instance of faith of the illiterate rustics in the witch-craft. It is stated by the prosecution that on account of the demise of two sons of accused Mansukh and indisposition of his father which he attributed to the witch- craft that the deceased practiced, the accused persons with a view to cause his death, first strangulated him and thereafter set him afire. The...
Channe Gadariya Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: 2005(4)MPHT113
S.K. Kulshrestha, J.1. The above appeals arise out of judgment dated 7th October, 1999 of the learned Sessions Judge, Tikamgarh, in Sessions Trial No. 102/98 by which all the appellants have been convicted under Section 302/34 of the IPC and sentenced, to imprisonment for life and fine of Rs. 5000/-, in addition, appellant Channe has been convicted under Section 326/34, IPC and sentenced to rigorous imprisonment for 5 years and fine of Rs. 2000/-, appellant Veeran Gadariya has been convicted under Section 326, IPC and sentenced to rigorous imprisonment for 5 years and fine of Rs. 2000/- and appellant Devi has been convicted under Section 326/34, IPC and sentenced to rigorous imprisonment for 5 years and fine of Rs. 2000/-. The judgment also directs them to suffer imprisonment of 5 months in default of payment of said amount of Rs. 5000/- and two months on failure to pay the amount of Rs. 2000/-. The sentences awarded have been directed to run consecutively.2. The prosecution case befor...
Narendra Singore and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: 2006(1)MPHT8; 2005(4)MPLJ559
ORDERArun Mishra, J.1. Petitioners in this petition have assailed the advertisement (P-5), dated 16-9-2003 by which vacancies were advertised of contract teachers under the M.P. Panchayat Samvida Shala Shikshak Recruitment and Service Conditions Rules, 2001. Petitioners have submitted that as the petitioners were earlier appointed on compassionate basis as Asstt, Teacher, petitioners' case has to be considered only against the post of Asstt. Teacher not against the post of contract teacher.2. It is not in dispute that earlier the petitioners were appointed on compassionate basis; appointment has been set aside as it was procured illegally after retirement of the employee concerned. The order of cancellation of appointment on compassionate basis was upheld by the State Administrative Tribunal; matter travelled to this Court in W.P. 2523/2000 and several other writ petitions which were decided by this Court. This Court has issued the following directions :--16. However, keeping in view t...
Project Director, District Literacy Samiti Vs. Ms. Mamta Shrivastava a ...
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: 2005(4)MPHT396; 2005(3)MPLJ297
ORDERA.K. Shrivastava, J.1. These two petitions are filed against the Award dated 20-10-1999 passed by the Labour Court, Rewa. The dispute of respondent No. 1 was referred to the Labour Court and it was registered as Case No. 3/ID Act (Ref.)/99 (Sushri Mamta Shrivastava v. Project Director, Distt. Literacy Samiti) and the dispute of respondent No. 1 of Writ Petition No. 3251/2000 was referred to the Labour Court, was registered as Case No. 5/ID Act (Ref.)/99 (Ramkali Verma v. Project Director, Distt. Literacy Samiti) by the Labour Court.2. In both the orders, the Labour Court found that since the workmen had worked continuously for a period of 240 days in a calendar year, therefore, their termination amounts to retrenchment and as the provisions of Section 25F of the ID Act, 1947 (hereinafter referred to as 'the Act') are not followed, their termination amounts to retrenchment and they are entitled for reinstatement with 50% back wages. Hence this petition.3. In this petition, it has b...
Sudarshan JaIn Vs. Deep Chand JaIn and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2005
Reported in: AIR2006MP6
ORDERDipak Misra, J.1. A short and straightforward question that arises for consideration in this writ petition preferred under Article 227 of the Constitution of India is whether the learned District Judge, Tikamgarh in M.C.C. No. 3/2005 has committed any kind of illegality and infirmity by rejecting the prayer under Section 24 of the Code of Civil Procedure (in short 'the CPC) on the ground that the application filed by the petitioner was not supported by an affidavit and the respondent had filed the affidavit in support of his stance and further the grounds mentioned in the application of transfer are founded on figment of imagination of the defendants.2. The factual scenario that has been depicted in the petition is that the non-applicants instituted Civil Suit No. 3A/79 against the petitioner for eviction from the suit premises and the said suit was decreed on 17-11-1981 and in pursuance of the said decree possession of the said suit shop was taken over by them. It is contended th...
Khanhiya Alias Kaniram and ors. Vs. Siddhnath and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2005
Reported in: AIR2005MP238; 2005(3)MPHT481; 2005(3)MPLJ316
S.K. Gangele, J. 1. This is defendants first appeal against the judgment and decree of specific performance for contract passed in C.S. No. 7-A/1978.2. Plaintiff filed a suit for specific performance of contract and declaration, declaring the sale-deed dated 14-3-1978 null and void. He pleaded that defendant No. 1 Kanahiya entered into an oral agreement with him on 27-1-1978 to sell the land of Survey No. 154 area 6.627 hectares situated at Village Sangi Bad (hereafter called as 'suit land') in a consideration of Rs. 17,000/-. He paid Rs. 10,000/- to the defendant No. 1 on the aforesaid date and it was agreed that balance amount he paid at the lime of registration of sale-deed, possession of the suit land was also delivered to him on the same day by the defendant No. 1. On 14-3-1978 the defendant No. 1 sold the suit land to defendant Nos. 2 and 3 through their father Bane Singh in spite of his objection before the sub-Registrar and notice to Bane Singh and the defendant No. 1 about the...
Ram Rati Vs. Sub-divisional Officer and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2005
Reported in: 2005(4)MPHT74; 2005(3)MPLJ101
ORDERK.K. Lahoti, J.1. Petitioner has invoked power of superintendence under Article 227 of the Constitution of India, challenging the validity of order dated 4-10-2004 by Sub-Divisional Officer, Gopadbanas, District Sidhi in Election Petition No. 1/2003-04 (Shivkali v. Dashmanti and Ors.), by which the respondent No. 1 directed recounting of votes for the election held on 20th December, 2002 for the post of Sarpanch, Gram Panchayat, Kukudijhar Gopadbanas, District Sidhi.2. The facts necessary for the decision of the case as stated by respondent No. 2 Shivkali in the election petition filed before respondent No. 1 are that election of Sarpanch, Gram Panchayat, Kukudijhar was held on 20-12-2002. In the said election respondent No. 2 and petitioner were rivals apart from other six rival candidates. During the course of counting of votes there was manipulation and the valid votes received by respondent No. 2 were kept in rejected votes. In the result it is declared that petitioner Ram Rat...
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