Madhya Pradesh Court May 2005 Judgments
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Sharad Kachhi Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-17-2005
Reported in: 2005(4)MPHT30
A.K. Shrivastava, J.1. This appeal has been preferred by the appellant under Section 374(2), Cr.PC, 1973 against the judgment of his conviction and order of sentence dated 10-8-94 passed by the Special Judge, Panna in Special Case No. 86/92 convicting the appellant under Sections 3(1)(x) and 3(1)(xiv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and sentencing him to suffer rigorous imprisonment of six months and fine of Rs. 500/-, in default of payment of fine amount, further simple imprisonment of one month under each offence.2. In brief the case of prosecution is that on 1-10-92 at 5.30 p.m. complainant released his oxen and they entered in the field of one Marua Choudhary, which is given to appellant on crop share basis (Adh Batai) as a result of which some hot talk took place between the complainant and accused-appellant. As per the case of prosecution, appellant hurled abuses of mother and daughter. The complainant pecifie...
Kishan Kumar and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-13-2005
Reported in: 2006(2)MPHT188
S.L. Kochar, J.1. Both these appeals arising out of the one and the same judgment and order dated 20-3-2003, passed by the learned Xth Additional Sessions Judge, Indore, in Sessions Trial No. 441/02, hence, they are being decided by a common judgment. By the impugned judgment the appellants in Criminal Appeal No. 329/03 have been convicted under Sections 147 and 302/149 of the Indian Penal Code and sentenced each of them to undergo imprisonment for one year with fine of Rs. 500/- and imprisonment for life with fine of Rs. 500/- respectively. Similarly, the appellant in Criminal Appeal No. 339/03 has been convicted under Sections 148 and 302/149 of the Indian Penal Code and sentenced to rigorous imprisonment for two years with fine of Rs. 500/- and imprisonment for life with fine of Rs. 500/- respectively.2. The prosecution case as put forth before the Trial Court, in short, is that all the appellants were standing together underneath a Neem Tree in the area known as South Gadra Khedi, ...
Subhash Vs. Satinder Kaur and ors.
Court: Madhya Pradesh
Decided on: May-13-2005
Reported in: II(2006)ACC196; 2006ACJ2192
A.M. Sapre and S.K. Seth, JJ.1. This appeal is by (rupees five thousand three hundred thirty the claimant seeking the enhancement of three) has been awarded by the Claims compensation awarded by the Sixteenth Tribunal for the personal injuries sustained Motor Accidents Claims Tribunal, Indore. by the appellant in a road accident occurred By the impugned award a sum of Rs. 5,333 on 8,9.2001.2. Appellant was going in his auto-rickshaw bearing registration No. MP 09- KB 7376. While he was near Navlakha Bus Stand, respondent No. 2, driving truck bearing registration No. MP-KK 1312 came from the opposite direction and hit the autorickshaw; as a result, appellant sustained fracture in the right leg as well as head injuries. It was contended that the appellant was earning Rs. 3,500 (rupees three thousand five hundred) per month and thus, a claim for compensation to the tune of Rs. 7,00,000 (rupees seven lakh) was staked before the Claims Tribunal. The respondent Nos. 1 and 2 remained ex pane ...
Dilip Kumar JaIn Vs. Smt. Shobharani JaIn and ors.
Court: Madhya Pradesh
Decided on: May-13-2005
Reported in: AIR2006MP231; 2005(4)MPLJ60
U.C. Maheshwari, J.1. The appellant/plaintiff has preferred this appeal under Section 96 of Civil Procedure Code being aggrieved by the order dated 24-2-1998 passed by District Judge, Jabalpur in Civil Original Suit No. 43-A/1996 whereby suit for partition, possession, declaration and perpetual injunction has been dismissed by allowing the application under Order 7, Rule 11 of CPC filed by respondent Nos. 1 2, 4 and 5.2. The facts giving rise to this appeal are that the plaintiff, the son of respondent No. 3 and nephew of respondent Nos. 2, 4 and 5 and grand-son of respondent No. 1, filed the present suit for partition, possession, declaration and perpetual injunction regarding house property hearing house No. 569 (Old No. 664, 665 and 666), situated at Bhaldarpura, Sarafa Ward, Jabalpur. According to the plaint assertions late Mool Chand Jain died before 90 years and his son Lalchand Jain, died before 50 years leaving behind three sons namely, Late Pannalal Jain, Prem Chand Jain and S...
In Re: Smt. Rupali Singh and anr.
Court: Madhya Pradesh
Decided on: May-12-2005
Reported in: AIR2005MP203; 2005(4)MPHT205
Dipak Misra, J.1. Being dissatisfied with and aggrieved by the judgment and decree dated 9-3-2005 passed by the learned Judge of the Family Court, Bhopal in R. C. S. No. 386-A/2004 whereby the Court below has refused to entertain an application preferred under Section 13B of the Hindu Marriage Act, 1955 (for brevity 'the Act') the appellants have preferred the present appeal.2. The facts in a nutshell are that the marriage between the appellant No. 1 and appellant No. 2 was solemnized on 16-2-2002 at Bhopal. After living for a short span of time together the husband and wife realized that they could not sustain the relationship and the incompatibility had come to such incurable state that it was thought, apposite to seek divorce by mutual consent rather than to live together and fight a battle royal which was nothing but a sysiphian endeavour to maintain a show of relationship which actually was not. It was felt that the intervention of the parents of both the parties to cement the rel...
Nagulal Vs. Central Narcotics Bureau
Court: Madhya Pradesh
Decided on: May-12-2005
Reported in: 2005(4)MPHT81
A.K. Tiwari, J.1. Appellant herein stands convicted under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') by 6th Additional Sessions Judge, Ujjain (M.P.) by judgment and order passed on 20-8-1998 in Sessions Trial No. 361/1994.2(a). Briefly stated the prosecution's case is that on 4-4-91, Ishwar Prasad Verma (P.W. 4) was posted as Sub Inspector at the Office of Opium Officer, Ujjain. Ramesh Kumar Sharma (P.W. 6) was posted as Sub Inspector, on that date at the Narcotics Office, Ujjain. On that day at about 11.00 a.m. Ishwar Prasad Verma (P.W. 4) and Ramesh Kumar Sharma (P.W. 6) and Sub Inspector Ramjilal had gone for checking the passenger buses. At about 12.00 a.m. bus belonging to M.P. State Road Transport Corporation plying from Mahidpur to Vidisha and which was going towards Ujjain arrived at Dewas Naka. The bus was checked by Ishwar Prasad Verma (P.W. 4), Ramesh Kumar Sharma (P.W. 6) and other members of the checking party. Two persons, w...
Neelam Devi and ors. Vs. Devendra Singh Yadav and anr.
Court: Madhya Pradesh
Decided on: May-12-2005
Reported in: III(2005)ACC705; 2006ACJ139
P.K. Jaiswal, J.1. This appeal is directed against the award of the Commissioner for Workmen's Compensation, Gwalior, in Case No. 18 of 1995 [WC Act (fatal)] dated 31.12.1998, wherein the authority has passed an award for Rs. 89,084 as compensation plus penalty of Rs. 40,000 along with interest at the rate of 6 per cent per annum against the respondent No. 1 and exonerated the insurance company, respondent No. 2.2. Appellant No. 1 is wife of deceased Rajendra Singh, appellant Nos. 2 and 3 are father and mother of the deceased. The deceased Rajendra Singh was working as driver of respondent No. 1 and his salary was Rs. 2,000 per month plus the daily allowance at the rate of Rs. 30 per day. On 17.1.1994 passenger bus bearing registration No. CPG 8452 while on his way from Gangasagar to Gwalior, Rajendra Singh (deceased) went up to set the luggage which was placed at the roof carrier of the bus, at that time respondent No. 1 was driving the bus very rashly and negligently and near Dhabua ...
Municipality Vs. Gas Authority of India Limited and ors.
Court: Madhya Pradesh
Decided on: May-12-2005
Reported in: AIR2006MP17; 2006(1)MPHT276; 2005(3)MPLJ530
S.S. Jha, J.1. Since in both these appeals common question of law arise and they are decided by common judgment by the Trial Court, they are heard and decided together.2. In First Appeal No. 175/95 respondent No. 1 Gas Authority of India Limited (hereinafter, referred to as 'GAIL') filed a civil suit and, in First Appeal No. 1/96 respondent No. 1 National Fertilizers Limited (hereinafter, referred to as 'NFL') filed a civil suit in the Court in District Judge, Guna for declaration and perpetual injunction. Prayer in the suit filed by the GAIL was that the defendants 2 and 3, i.e., Director, Town and Country Planning and Joint Director, Town and Country Planning have no jurisdiction to permit defendant No. 4 Chief Executive Officer, Special Area Development Authority, Raghogarh to recover the external development fees. It is further prayed that the defendant N. 6 Tehsildar, Tehsil Raghogarh, District Guna has no jurisdiction to recover the said fee from the plaintiff which is a Governme...
Ku. Prachi Mantri, D/O Shri Narendra Mantri Vs. State of M.P. Through ...
Court: Madhya Pradesh
Decided on: May-11-2005
Reported in: 2005(3)MPLJ4
ORDERR.V. Raveendran, C.J.1. These petitions are filed complaining of demands for capitation fee/ unauthorised fees/Bank guarantee etc. by 'Sri Aurobindo Institute of Medical Sciences, Medical College and Hospital', Indore. It is alleged that though the petitioners applied to the said College well within time and their marks entitled them for admission (as compared to the marks secured by the candidates who were admitted), they were not selected/admitted for the academic year 2004-2005. It is further alleged that the College has selected students not on merit, but on irrelevant criteria, obviously with reference to illegal/ unauthorised demands i.e. capitation fee/unauthorised fees and deposits, bank guarantee etc. Some of the petitioners were granted admission but subsequently removed from the rolls on the ground that they did not meet certain illegal demands made by the College. Therefore, they have filed these petitions seeking several reliefs. The reliefs sought include : (a) a dir...
Mhow Hosiery Pvt. Ltd. Vs. Jitendra
Court: Madhya Pradesh
Decided on: May-11-2005
Reported in: [2005(106)FLR889]; 2005(3)MPHT279
ORDERS.K. Gangele, J.1. These are the bunch of the petitions filed by the petitioner M/s. Mhow Hosiery Pvt. Ltd. against the common order passed by the Industrial Court allowing the appeals of the respondents workers.2. The facts of all the cases are similar and Industrial Court decided the appeals by a common order, hence all the petitions are being decided by this common order, for the purpose of facts of the case, facts of W.P. No. 277/2005 has been considered.3. The respondent was working in the petitioner company, he was employed w.e.f. 1-10-1993 and his services have been discontinued w.e.f. 8-9-2001. On 8-8-2001 the respondent worker submitted an application of resignation mentioning that he was working in dispatch department and due to some personal problem he is, submitting his resignation. His resignation was accepted after a period of one month vide order dated 8-9-2001. On 11 -9-2001, he signed a printed receipt mentioning that he received an amount of Rs. 31,704/- with reg...
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