Madhya Pradesh Court July 2005 Judgments
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Kailash Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-11-2005
Reported in: 2005CriLJ3823; 2004(3)MPLJ249
S.L. Kochar, J.1. By this Appeal, the appellant prays for setting aside the judgment dated 29-1-1998 passed by the learned Addl. Sessions Judge, Garoth passed in S.T. No. 258/96 thereby he finding the appellant guilty of the offence punishable under Section 302, IPC, convicted and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-. In default of payment of fine, he has been directed to suffer addl. R.I. for one year.2. Briefly stated, the facts of the prosecution case as unfolded before the trial Court were that on 9-6-1994 at 12.40 in the noon in village Chand was the appellant brought his wife in a Jeep in burnt condition to the Primary Health Center Shamgarh. There at the Primary Health Center, Dr. Smt. Asharani Jain (P.W. 10) finding the wife of the appellant namely Santoshbai in burnt condition, made a report at the Police Station which was recorded by the ASI P.S. Shamgarh Shri A. P. Saxena (P.W. 6) in Roznamcha Sanha (Ex. P/8-A). He proceeded for hosp...
Manoj Alias Balkrishna Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-11-2005
Reported in: 2005(4)MPHT422
S.L. Kochar, J.1. By this common judgment, both the aforesaid appeals are being decided as they arise of the same judgment by the Trial Court.2. Both the appellants stood convicted for the offence punishable under Sections 302 and 302/34, Indian Penal Code and each of them is sentenced to suffer imprisonment for life with fine of Rs. 500/- and in default of payment of fine to suffer additional S.I. for two months by judgment dated 15-7-98 passed by the learned Addl. Sessions Judge, Ujjain in Sessions Trial No. 261/96. Being aggrieved by that judgment, the appellants have preferred this appeal.2. The facts of the prosecution case in short as unfolded before the Trial Court were that Jaswant Mali was carrying on the business of fruit (grape) vendor on a Thela at Sanjay Market, Ujjain. On 5-6-96 at 4.40 PM near his Thela, nephew of appellant Manoj, carrying on the business as fruit (Water Melon) vendor on a Thela, was cleaning the place by a swab-stick (Jhadu). The complainant objected to...
State of M.P. and anr. Vs. Buddhasen
Court: Madhya Pradesh
Decided on: Jul-11-2005
Reported in: 2005(4)MPHT293
Dipak Misra, J.1. In this batch of First Appeals preferred under Section 54 of the Land Acquisition Act, 1894 (for brevity 'the Act'), the State of M.P. and its functionaries have called in question the defensibility of the award passed by learned III Additional District Judge, Rewa in References. In number of reference cases, the appeals being inter-linked and inter-connected and relatable to said notification, they were heard analogously and are disposed of by this common judgment.2. The facts which are requisite to be adumbrated for the purpose of disposal of the appeals are-- a notification was issued under Section 4 and Section 17(1) of the Act on 17-10-1982, published in M.P. Rajpatra. The notification was for acquisition of total area of land admeasuring 134.913 hectares situate in Village Babupur, Nipania, Dohi and Khobhar in Tehsil Huzur, District Rewa for establishment of an 'industrial area' which was treated to be public purpose. After issue of the said notification, 'a dec...
Badrilal Beragi and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-11-2005
Reported in: 2005(4)MPHT417
S.L. Kochar, J.1. All these three appeals have been filed against the same judgment of conviction and sentence, hence taken up together and dispose of by this common judgment.2. For taking exception to the order of conviction and sentence passed against the appellants by learned Addl. Sessions Judge, Agar in the master of ST. No. 134/1997, dated 6-3-1999, the appellants have approached this Court by preferring this appeal. Learned Judge had convicted the appellants for the offence punishable under Sections 302/149 and 323/149 of the IPC and sentenced each appellant to undergo R.I. for life and six months respectively.3. The prosecution case in short for disposal of this appeal is that sister of appellant No. 2 Mangilal named Shantibai was married with Gokuldas, the brother of complainant Narsingdas (P.W. 1). There was no cordial relation between the spouses. Some days prior to the date of incident, Shantibai was not available at the house of Gokuldas. Rest of the appellants were close ...
Khemchand Vs. Nandram and anr.
Court: Madhya Pradesh
Decided on: Jul-11-2005
Reported in: II(2006)ACC821
ORDER1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, against the Award dated 15.10.2001, passed by Addl. Motor Accident Claims Tribunal, Mandsaur, in M.V. Case No. 60/2000, whereby claim of appellant has been dismissed as he was not able to prove that accident had occurred on account of rash and negligent driving of Tractor by respondent No. 2 and owned by respondent No. 1.2. According to appellant-Khemchand, aged 40 years, working as Mason, at the time of accident, was returning home on 27.1.1998, at about 8.30 p.m. when on Daloda-Badwan Road, opposite the house of Gopal Mali, P.S. Bhaugarh, respondent No. 2 herein, driving Tractor bearing Registration No. MKU 4842, came and violently dashed against him. At the relevant point of time, said Tractor was owned by respondent No. 1. It is also not in dispute before us that it was not insured at the relevant point of time. Thus, the Insurance Company had not been joined as one of the respondents3. On 27.1.1998, after...
Vijendra (Brijendra) Singh Yadav Vs. Smt. Rajkumari Yadav and ors.
Court: Madhya Pradesh
Decided on: Jul-08-2005
Reported in: 2005(3)MPHT486; 2005(4)MPLJ160
ORDERS.S. Jha, J. 1. This petition is filed against the order passed by Shri Rajendra Mahajan, Additional District Judge, Gwalior in Civil Suit No. 16-A/03. This order is passed by him and he has signed the order as Special Judge (Atrocities), Gwalior, but he has not mentioned his specific post as Additional District Judge. He has not . kept in mind that he is deciding a civil case and not the special case.2. By this order preliminary issue No. 6 has been decided wherein it is held that Datar singh Yadav has executed a Will at Bhopal on 28-3-1998 in favour of plaintiff and he has further pleaded that a forged Will has been prepared by defendant Nos. 1 to 3. Objection was raised that said Will can not be examined in the Court unless probate has been obtained. Court while deciding the application has held that only probate Court has right to adjudicate the validity of the Will relying upon the judgment in the case of Chiranjilal Shrilal Goenka (deceased) through L.Rs. v. Jasjit Singh and...
Oriental Insurance Co. Ltd. Vs. Prasanna Kumar Jha and ors.
Court: Madhya Pradesh
Decided on: Jul-08-2005
Reported in: 2006ACJ443
Arun Mishra, J.1. These appeals have been preferred by the insurer assailing liability and the claimant praying for the enhancement in M.A. No. 1066 of 2002 whereas in M.A. No. 637 of 2002 the insurance company prayed that it cannot be made liable to pay compensation. Feeling aggrieved by the award dated 17.1.2002 passed by the VIII Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 327 of 2001.2. On. 12.5.1991 at about 4.30 a.m. Prasanna Kumar Jha was coming from Mandla on his motor cycle. A car driven by Prateek Pathak, the respondent No. 2 owned by Dr. Bina Pathak, insured with New India Assurance Co. Ltd., dashed the motor cycle as a result of which claimant sustained grievous injury on his left thigh.3. The owner in the separate written statement denied the allegations and contended that respondent No. 3 was never authorised by her to drive the vehicle, only son of the owner, namely, Piyush Pathak who possessed the valid licence was authorised to drive the vehi...
Vaman Vs. Ved Prakash and ors.
Court: Madhya Pradesh
Decided on: Jul-08-2005
Reported in: 2007ACJ174
N.K. Mody, J.1. Heard on LA. No. 209 of 2005 which is an application filed by Mr. L.N. Soni who has prayed to withdraw the power. Since Mr. Khedawat has appeared, therefore, application is allowed. Mr. Soni is permitted to withdraw the power.Heard the matter finally.2. Being aggrieved by the inadequate amount of award passed by the Additional M.A.C.T., Sendhwa, in Claim Case No. 68 of 1997 vide award dated 16.9.1999 whereby a sum of Rs. 76,000 has been awarded along with interest at the rate of 12 per cent per annum, the present appeal has been filed.3. Learned Counsel for appellant submits that learned court below has awarded Rs. 76,000 as compensation holding that the income of the deceased was Rs. 12,000 per year, dependency was assessed at the rate of Rs. 300 per month and multiplier of 15 was applied. Thus, amount for loss of income was awarded as Rs. 54,000 and Rs. 22,000 in other heads such as physical pain and suffering and funeral expenses.4. Learned Counsel submits that even ...
Vaman Vs. Vedprakash and ors.
Court: Madhya Pradesh
Decided on: Jul-08-2005
Reported in: I(2006)ACC72
N.K. Mody, J.1. Heard on I.A. No. 209/2005 which is an application filed by Shri L.N. Soni who has prayed to withdraw the power. Since Mr. Khedawat has appeared, therefore, application is allowed. Mr. Soni is permitted to withdraw the power.Heard the matter finally.2. Being aggrieved by the inadequate amount of award passed by Addl. MACT, Sendhwa, in Claim Case No. 68/97 vide award dated 16.9.1999 whereby a sum of Rs. 76,000 has been awarded along with interest @ 12% per annum, the present appeal has been filed.3. Learned Counsel for appellant submits that learned Court below has awarded Rs. 76,000 as compensation holding that the income of the deceased was Rs. 12,000 per year, dependency was assessed @ Rs. 300 per month and multiplier of 12 was applied. Thus, amount for loss of income was awarded as Rs. 54,000 and Rs. 22,000 in other heads such as physical pain and suffering and funeral expenses.4. Learned Counsel submits, that even assuming that the deceased was not doing anything th...
Grasim Industries Vs. State and ors.
Court: Madhya Pradesh
Decided on: Jul-07-2005
Reported in: 2005(4)MPHT290
ORDERN.K. Mody, J.1. The prayer in the petition is to direct the respondent No. 2 to accept the Mining Lease forthwith for processing of registration under the law before the expiry of period of limitation.2. Short facts of the case are that Lease Deed in question was executed on 18-2-05. Petitioner appeared before respondent No. 2 on 3rd June, 2005, for registration. Respondent No. 2 refused to accept the document without assigning any reason and informed that he has the oral instructions from the Collector Neemuch not to accept this documents for registration. Further case of the petitioner is that the petitioner also approach to the respondent No. 3 on 7-6-2005 in connection with registration. However, he refused to accept the petitioner's request for registration instead verbally advised the petitioner to send the said documents by registered post to respondent No. 2. On 7th June, 2005 the petitioner sent a letter enclosing therewith original Lease Deed and Demand Draft towards reg...
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