Court : Madhya Pradesh
Reported in : 2005(4)MPHT249; 2006(1)MPLJ153
Rakesh Saksena, J.1. Appellant has filed this appeal against the judgment passed on 31-12-1994 in Sessions Trial No. 938/92 by II Additional Sessions Judge, Mudwara (Katni) convicting him for the offence punishable under Section 302, IPC and sentencing him to life imprisonment.2. The prosecution case is that on 30-3-92 at about 11.00 p.m., complainant Ramlal and Durga Barman were going to market after closing their betel shop, when they reached near the bungalow of Dr. Pramod Singh, three accused persons, viz., Narendra Singh @ Narayan Singh, Bablu Isai and Munna Sengar came there from behind and without saying anything threw a bomb which hit on the back side of the neck of Durga Barman. It caused a loud noise and by its sparks his shirt and baniyan got burnt and by the injuries of pellets he fell down and got unconscious. Ramlal leaving the injured at the spot, went to his house and informed his parents and thereafter went to lodge report, Ex. P-7 at Police Station, Katni. Injured was...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT471; 2006(1)MPLJ615
A.K. Gohil, J.1. In this appeal filed under Section 374 of the Code of Criminal Procedure the appellant has challenged his conviction under Section 376(1), IPC and sentence of seven years RI with fine of Rs. 100/-, in default of payment of fine one month's further R.I.; conviction under Section 325, IPC and sentence of two years RI and fine of Rs. 100/-, in default of payment of fine one month's further RI; and, conviction under Section 323, IPC and sentence of one year RI, vide judgment dated 26-9-2003 passed by Additional Sessions Judge, Ganj Basoda in Sessions Trial No. 16/2002.2. As per prosecution story, on 9-6-2001 at about 8 o'clock in the morning prosecutrix along with her mother Kesharbai had gone on a hilly track of Village Dhansinghpur for cutting woods. Prosecutrix was coming back with the woods. She was ahead of her mother. In the way one blackman pushed Kesharbai. She alongwith bundle of woods fell down. He pressed her neck and said 'if you will cry, I will kill you'. Whe...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP95; 2005(4)MPHT319
ORDERK.K. Lahoti, J.1. Appellants have challenged judgment and decree dated 31-3-2005 by IInd Additional District Judge (Fast Track Court), Katni in Civil Appeal No. 4-A of 2004 by which the Appellate Court has remanded the matter to the Trial Court.2. Facts of the case are that respondent Smt. Ratnawali filed a suit for declaration and permanent injunction. In the said suit, appellants filed a counter claim but had not paid Court fee thereon. The plaintiff/respondent because of the non-payment of the Court fee had not filed any written statement to the counter claim as it was not entertained by the Trial Court. The Trial Court framed issues and after recording evidence, at the time of the decision of the suit, found that the appellants have not paid Court fee on the counter claim and asked the appellants to pay Court-fee on the counter claim. The appellants paid Court fee and thereafter, the suit was decided without extending any opportunity to the plaintiff to file written statement ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2006)ACC441
P.K. Jaiswal, J.1. This order shall govern the orders in both the appeals as they arise out of the common accident.2. Misc. Appeal No. 195/05 is filed by the claimants against the award dated 19th November, 2002 passed by IIIrd Additional Motor Accident Claims Tribunal, Dabra in Claim Case No. 23/02. Misc. Appeal No. 194/ 05 is filed by the claimant against the award dated 19th November, 2002 passed by Ilird Additional Motor Accident Claims Tribunal, Dabra in Claim Case No. 29/02.3. Facts of the case are that the claimant Kamlesh and his daughter Poonam, aged 7 years were going to their home at Bujurg Basti by bicycle. When they were coming down from the railway over-bridge, it is alleged that a tempo bearing registration No. M.P.H. 04214 was driven in a rash and negligent manner by driver of the vehicle, non-applicant No. 2/Shyamlal had dashed the bicycle of the appellant Kamlesh from the rear and ran away from the place of the accident. Due to accident appellant Kamlesh and his daugh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ1401
S. Samvatsar, J.1. M.A. Nos. 500 and 583 of 2000 both these appeals arise after a common award dated 28.4.2000 passed by Second Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 34 of 1994. Appeal No. 583 of 2000 is preferred by the insurance company for exoneration from payment of compensation while Appeal No. 500 of 2000 is filed by claimant for enhancement of compensation.2. The brief facts of the case are that on 10.5.1993 the claimant Sudha Jain was sitting as a pillion rider on the scooter driven by her husband, respondent No. 1. The number of the scooter was MBH 1737. At about 9.30 p.m. they were going to attend a marriage ceremony. When they reached near M.P. Roadways Depot, respondent No. 1 due to excessive speed of the scooter lost his control and the scooter fell down in a ditch near P.W.D. Govt. Bungalow.3. This accident has resulted in fracture in femur bone in her left leg. Femur bone was completely damaged in the accident. Claimant was t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT328; 2005(4)MPLJ350
ORDERW.A. Shah, J.1. The applicant herein is the husband of the respondent. He has preferred this revision petition against the order dated 23-9-2004 passed by VIIIth Additional Sessions Judge, Ujjain in Criminal Revision No. 77/2004 whereby order of the Judicial Magistrate, First Class, Mahidpur dated 3-3-2004 passed in Cri. Misc. Case No. 64/2003 has been upset and the applicant has been directed to pay a sum of Rs. 1,000.00 per month by way of maintenance to the respondent under the provisions of Section 125 of the Code of Criminal Procedure (for short 'Code' hereafter).2. The respondent moved for maintenance under Section 125 of the Code alleging that the applicant within no time of her marriage with him sent her back to her parental home as she did not agree to get his demand for more dowry and cash fulfilled by her parents. While he returned her also falsely charged her of complete seclusion with him on nuptial night as she informed of her being already married to another person ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2006)ACC536
S.K. Kulshreshtha, J.1. Dissatisfied with the quantum of compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act against the award dated 15.12.2003, passed by the Additional Member, Motor Accident Claims Tribunal, Kukshi, District Dhar in Claim Case No. 07/2001.2. Appellants are the widow and children of deceased Bhagwan Singh Bhil, who died in a motor accident on 22.9.2000 in village Agar, on being ran over by a bus bearing registration No. MP-09/7262. The said accident was on account of rashness and negligence of its driver Banesingh s/o Gulab Singh (respondent No. 1) for which respondent No. 2 was vicariously liable. The respondent No. 3 being the Insurance Company was also liable under the terms of the policy. A sum of Rs. 6,00,000 was claimed on the ground that as an unskilled labourer, the deceased was earning Rs. 3,000 p.m. and supporting the appellants. Amount was also claimed for funeral and other rites. The respondents resisted the ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT198; 2005(4)MPLJ558
ORDERShantanu Kemkar, J.1.The petitioner has filed this petition seeking direction against the respondents not to interfere with his possession on the land bearing Khasra No. 601, Patwari Halka Bagota, near Old Bijawar Naka, Chhatarpur and has sought for a declaration that his possession over the said land be excluded from the purview of Section 248 of the M.P. Land Revenue Code, 1959. The petitioner contends that he was issued a Patta of the said land by the Competent Authority S.D.O. Chhatarpur vide Annexure P-1. He Constructed a dwelling house which is also recorded in municipal record of Chhatarpur. He alleges that on 13-10-1997 the municipal staff of Municipal Council, Chhatarpur came on the spot and asked the petitioner to vacate the land within 30 days failing which he shall be dispossessed from the land. On the basis of the apprehension that he may be dispossessed by the respondents and his house will be demolished he filed this petition and got interim order on 21-11-1997.2. T...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP100
ORDERS.L. Kochar, J.1. Petitioner Manoj Rajani has filed this petition under Article 226 of the Constitution of India whereby sought relief for quashing of supplementary bill of Rs. 68,740/- issued by respondents vide Annexure P. 12. For decision of this petition, necessary facts are as follows.2. That the petitioner had electric connection in his name at a building situated at 569/1, M.G. Road, Rajani Bhawan, Indore. His consumer Number is 800506. On 28-9-1999, Inspector, Flying Squad No. 14, MPEB, City Indore came to the premises of the petitioner and in his presence inspected the electric meter No. 350607 and found slow working of one phase. The inspector took away the said meter and thereafter new meter was installed. Annexure P. 1 is the Inspection report duly signed by the Inspector, Flying Squad as well as the petitioner. On 17-2-2000, petitioner received the supplementary bill of Rs. 68.740A, Annexure P.2 and P.2A is the copy of this bill. On 2-3-2000 employees of the responden...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2006)ACC572; 2007ACJ129
N.K. Mody, J.1. Being aggrieved by the order dated 26.2.1998 passed by Third Motor Accidents Claims Tribunal, Khargone in Claim Case No. 6 of 1998, whereby the claim petition has been dismissed, the present appeal has been filed.2. Short facts of the case are that on 25.2.1979, an accident took place by bus bearing No. MPC 7658 which was owned by respondent No. 2. A number of claim petitions were filed on account of the same accident which were disposed of vide award dated 24.9.1979 passed in Claim Case No. 61 of 1979, whereby award was passed in favour of 5 injured persons and 24 dependants of those who died in accident. The present claim petition has been filed on 23.7.1996 by the appellant wherein it was alleged that her date of birth is 28.7.1978 and at the time of accident, she was of 6 months. The claim petition has been dismissed by learned Tribunal on the ground that there is a delay of more than 15 years. This appeal has come up for hearing after 8 years. Unfortunately, there ...
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