Madhya Pradesh Court July 2005 Judgments
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Basant Agrawal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: 2005(4)MPHT220; 2005(4)MPLJ166
A.K. Gohil, J.1. The appellant has filed this appeal under Section 374(2) of the Code of Criminal Procedure. He was tried under Section 302 of IPC in Sessions Trial No. 224/93 by Second Additional Sessions Judge, Vidisha. By judgment dated 10-1-97, he has been convicted under Section 302 of IPC and sentenced to imprisonment for life.2. Prosecution story as unfolded during trial, is that the appellant Basant Agrawal was married to Babli alias Sitabai in May, 1992. The parents of Sitabai were residents of Village Gadarwas Tehsil Bareli District Raisen. The appellant was a resident of Khurai. Their marriage took place in a community ceremony at Jabalpur. After the marriage appellant came to Bhopal alongwith his wife and started business of grocery. In the meantime, his wife used to visit her parent's house. Her eldest brother Rajaram (P.W. 5) and his wife Durgabai (P.W. 6) were residing in Arjunnagar at Raisen. Her another elder brother Liladhar Agarwal (P.W. 11) was also residing in Arju...
Rajkumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: II(2005)DMC748; 2006(3)MPLJ492
Chandresh Bhushan, J.1. Aggrieved by his conviction for committing offences punishable under Sections 498A and 302 read with Section 34 of IPC and sentences of rigorous imprisonment for three years and life, respectively vide judgment dated 30.11.1996 of Additional Sessions Judge, Lahar, this appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure.2. Prosecution story in brief is that one Manjudevi (hereinafter referred to as deceased) was married with the appellant on 18.2.1987 in accordance with Hindu rites. The parents of the deceased had given dowry in accordance with their financial status but the appellant and his family members were not satisfied with it. Therefore, appellant as well as his family members used to treat the deceased with cruelty. They used to physically assault her. Because of all these problems, the deceased remained with her parents for almost a year, but, thereafter, appellant took her back to his house promising that thereaf...
Smt. Lalita Devi Mishra Vs. Priyanshu Kamal and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: 2005(4)MPHT376
ORDERDipak Misra, J.1. The present application preferred under Section 12 of the Contempt of Courts Act, 1971 (for brevity 'the Act') read with Article 215 of the Constitution of India, the most compassionate as well as an organic and living one, depicts a picture and frescoes a scenario which compels one to ask certain elementary questions 'Have the authorities in the case at hand, namely, Secretary, Tribal Development Department, Bhopal, Commissioner, Tribal Development Department, Bhopal and Block Development Officer, Kotma, District Shahdol, lost their sensitivity to the miseries of helpless, hapless and agonized persons and decisively taken a decision to remain in a constant slumber Have they forgotten the age-old saying, if one is lazy, the nectar turns into poison Have they absolutely forgotten that one day they would also retire and would be in need of retiral benefits ?' Be it noted when the bad time abounds it can affect one and all. But, as it appears, the authorities, like ...
Supriya Banerjee and ors. Vs. Suresh and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: 2006ACJ304
Arun Mishra, J.1. This appeal is preferred aggrieved by the award dated 19.8.1999 passed by Additional Motor Accidents Claims Tribunal in Claim Case No. 3045 of 1999.2. In an accident dated 18.8.1996 one Prakash Banerjee, aged 42 years died when Suresh drove the truck No. MP 21-G 6213 in a rash and negligent manner. Deceased was pillion rider on the scooter driven by Nirmal Tamrakar. The truck dashed the scooter from behind. The deceased was dragged for 20 feet and ultimately dashed against a wall. The truck stopped. Prakash Banerjee died on the spot owing to injury suffered in the accident. F.I.R. was lodged and Crime Case No. 570 of 1996 was registered at police station. The charge-sheet was filed before the Additional C.J.M. The deceased was an Income Tax Officer. His monthly salary was more than Rs. 9,000. He was maintaining a large family. He was the sole breadwinner. The compensation of Rs. 20,41,024 was claimed along with interest.3. The owner and the driver remained ex pane. In...
Jejabrao Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: I(2006)DMC311
S.L. Kochar, J.1. For taking exception to the order of conviction and sentence passed against him by learned XIV Addl. Sessions Judge, Indore in the matter of Sessions Trial No. 318/1993, the appellant has approached this Court by preferring this appeal. Learned Addl. Sessions Judge had convicted the appellant for the offence punishable under Section 302 of the 1PC and sentenced him to undergo imprisonment for life with fine of Rs. 20,000 and in default whereof to undergo R.I. for two years.2. The prosecution case in brief as unfolded before the Trial Court is that appellant Jijabrao was residing with his wife Vidyabai and children in the first storey of rented house situated in Depalpur, District Indore. It is said that he was oftenly beating his wife after consuming liquor. On 21.2.1993, in the night between 8.30 to 9.00 p.m. appellant picked up quarrel with his wife and thereafter sprinkled kerosene oil on her body and set her on fire. Vidyabai started burning. On alarm over-heard b...
Bhurla Vs. Makingir and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: I(2006)ACC183; 2007ACJ457
N.K. Mody, J.1. Being aggrieved by the award dated 9.9.2000 passed by Motor Accidents Claims Tribunal, Alirajpur, District Jhabua in Claim Case No. 135 of 2000 whereby the claim petition was dismissed, the present appeal has been filed.2. Short facts of the case are that Bhurli was mother of the appellant sustained injuries in an accident has filed the claim petition which was initially numbered as 135 of 2000. During the pendency of the claim petition Bhurli died and the claim petition was prosecuted by her son, who is the present appellant and was taken on record.3. That case was contested by respondent. The allegations were denied. During the pendency of the case on the basis of pleadings the learned Tribunal framed the issues and fixed the case for evidence on 6.9.2000. On this date the appellant was not present. The case was adjourned for 7.9.2000, on that date the appellant moved an application for taking his evidence. But the learned Tribunal further fixed the case for evidence ...
United India Insurance Co. Ltd. Vs. Annapurna Shandilya and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: 2007ACJ1168
Arun Mishra, J.1. These appeals have been preferred by the appellant, United India Insurance Co. Ltd., aggrieved by the awards passed in different claim cases arising out of the same accident. Hence, the appeals are being decided by this common order.2. On 29.7.1994 in a Maruti van No. MP 04-0554 deceased--Naresh Kumar Banerjee, Suresh Kumar Shandilya, Mamta Shandilya, Payrelal and Mohini Bai were travelling along with injured--Bharat, Awantika Kulshreshta, Ankita Shandilya, Narayan Singh and Narendra Kumar Gupta. Claim petitions were filed by the injured and the legal representatives of the deceased claiming compensation in Motor Accidents Claims Tribunal, Bhopal.3. On 29.7.1994 the aforesaid Maruti van at about 11.30 p.m. in the night dashed against stationary truck (CPC 8452) near Carmel Convent School. There was heavy rain. Truck was parked on the road without any parking lights being on. Maruti van was driven at high speed. Driver Narendra Kumar Gupta was unable to control it, hen...
Rajeev Agarwal Vs. Rampal Yadav and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2005
Reported in: II(2006)ACC338
S. Samvatsar, J.1. This appeal is filed by the claimant challenging award e dated 5th February, 2000 passed by 9th Addl. Member Judge, Motor Accident Claims Tribunal, Gwalior in Claim Case No. 1/96 whereby the Claims Tribunal has awarded an amount of Rs. 40,200 to the claimant towards compensation for the injuries sustained by him.2. This appeal is filed for enhancement of compensation. Brief facts of the f case are that on 5th June, 1995 the applicant was going on his bicycle. When he reached near the Shinde Ki Chhawni a truck bearing registration No. MIH 7536, which was driven rashly and negligently by its driver, dashed against him which has resulted into injuries on his left hand. Claims Tribunal in para 10 of its judgment has relied on the statement of Dr. Gaikwad, AW 3 who was the treating doctor and has come to the conclusion that there was a fracture in third metacarpel bone of the claimant due to which his fingers of the left hand were stiffed and could not be moulded and on t...
Shubham Enterprises Vs. Additional Commissioner of Commercial Tax
Court: Madhya Pradesh
Decided on: Jul-25-2005
Reported in: (2007)5VST402(MP)
ORDERA.M. Sapre, J.1. With the consent of parties and on advance copy to the State counsel, petition is heard finally at the motion stage itself.2. By filing this petition under Article 226/227 of the Constitution of India, the petitioner, a dealer, seeks to challenge an order passed by the Additional Commissioner of Commercial Tax dated October 4, 2004 in revision No. 4/2001/Indore/Prantiya (annexure P 7) communicated to the petitioner by order No. AA/KCG/Revision/2004/339. Facts in brief need to be taken note of infra.3. Petitioner is a dealer and engaged in the business of sale of tea leaves. On April 24, 1999 the petitioner suffered an assessment order for the period April 1, 1995 to March 31, 1996 (annexure P 1). On the same date, i.e., on April 24, 1999 the petitioner suffered a penalty order passed under Section 69(2) of the Madhya Pradesh Commercial Tax Act, 1994 (annexure P2).4. The petitioner feeling aggrieved of both the orders, i.e., order passed in assessment proceedings a...
Ramwati and ors. Vs. Rajveer Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-25-2005
Reported in: IV(2005)ACC148
S. Samvatsar, J.1. This appeal is filed by the claimants challenging award dated 30.7.1997 passed by the Fifth Motor Accident Claims Tribunal, Gwalior in Case No. 48/91, whereby the claim petition filed by the present appellants for death of Vidhyaram, who was aged between 45 to 50 years old.2. The brief facts of the case are that Vidhyaram was travelling on a scooter bearing No. DIH 8072 along with one Babu Ram. When they reached near Lashkar, Gwalior, the scooter driven by Ram Prakash dashed against a tractor bearing No. MIH 06926, which has resulted into death of deceased Vidhyaram. The claimants, who are the wife and five children of the deceased have filed claim petition. The Claims Tribunal after recording evidence found that the accident in question is not found proved, as claimants have not examined any eye-witnesses. The witnesses examined by the claimants i.e., RW. 1 Ramwati wife of the deceased and RW. 2 Kedar Singh are not the eye-witnesses of the accident, therefore, accid...
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