Madhya Pradesh Court January 2006 Judgments
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Premsingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2006
Reported in: 2006(2)MPHT327
S.K. Kulshrestha, J.1. The appellant assails the judgment dated 28-5-1996 of the learned Third Additional Sessions Judge, Dewas in Sessions Trial No. 191/93 by which the appellant stands convicted under Section 302 of the IPC and sentenced to imprisonment for life and fine of Rs. 500/- as also under Section 394, IPC and sentenced to 5 years RI and Rs. 500/- fine.2. The appellant was indicted for offences under Sections 302 and 394 of the IPC for having committed murder of Narmadabai and robbed of her silver ornaments viz. Anklets.3. According to the prosecution, on that day, Narmadabai had gone to her field to cull fruits but when she did not return for long, her son Babulal instituted a search. The villagers also joined him and eventually it was found that her dead body was lying in the field of Heeralal Patidar with both her feet amputated and lying away from the rest of the body. It was also noticed that her mouth had been gagged and Anklets weighing about 1 kg, were missing. Her de...
Gitesh and ors. Vs. Badri Prasad and anr.
Court: Madhya Pradesh
Decided on: Jan-04-2006
Reported in: 2007ACJ1519
A.M. Sapre, J.1. This is an appeal filed by the claimants who are legal representatives of the deceased under Section 173 of the Motor Vehicles Act against an award dated 30.7.2001, passed by the learned Member, Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 34 of 2001. By impugned award, the Tribunal has awarded a total sum of Rs. 3,50,000 with interest to the claimant for the death of one Ashok, who died in vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so, to what extent?2. Heard Mr. Tarun Kushwah, learned Counsel for the appellants and Mr. M.L. Dhupar, learned senior counsel with Mr. P. Meetha, learne...
Sunderlal Kushwaha @ Udaynarayan Kushwaha Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-03-2006
Reported in: 2006(2)MPHT62; 2006(2)MPLJ86
Manjusha Namjoshi, J.1. This appeal under Section 374(2) of the Cr.PC has been preferred by the accused Sunderlal against the judgment and order of conviction recorded by the Additional Sessions Judge, Maihar, District Satna, in Sessions Trial No. 246/03, decided on 17-5-2004.2. Appellant, Sunderlal, his father Ramkumar and mother Kusumbai were charged under Sections 307, 302, 202 and 201 of the IPC on the ground that on 7-4-2003 at about 2.00 noon in Village Badwar, P.S. Ramnagar, District Satna, attempted to commit murder of Kamala (wife of Sunderlal), committed murder of Ajay (son of Sunderlal), caused disappearance of evidence of offence of murder of Ajay and intentionally omitted to give information of offence to the police or authorities concerned.3. Learned Trial Court, after appreciating the evidence available on record, has found the following charges proved against the appellant and has, accordingly awarded punishment as under :-_______________________________________________...
Badrilal Gupta Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-03-2006
Reported in: 2006CriLJ1375
ORDERS.C. Vyas, J.1. This revision is directed against the judgment and order of conviction dated 25-1-2000, passed in Criminal Appeal No. 46 of 1999 by the IInd Additional Sessions Judge, Barwani, whereby confirming the conviction and sentence passed by Judicial Magistrate First Class, Anjad in Criminal Case No. 905 of 1988 vide judgment dated 31-3-1999 by which the applicant-accused has been convicted for commission of an offence under Section 409 of the Penal Code and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/-. Feeling aggrieved by the said judgment and order of conviction, this revision has been filed by the applicant-accused.2. Brief facts of the prosecution case are that the applicant Badrilal Gupta was posted and working as Naib Nazir in the Court of Judicial Magistrate First Class, Anjad. On 23-5-1984 one bicycle bearing frame No. 143066 was deposited as criminal property in Criminal Case No. 281 of 1984 by the Station Officer of Police Station, Anjad...
Union of India (Uoi) Vs. Precitex Rubber Components (P) Ltd.
Court: Madhya Pradesh
Decided on: Jan-03-2006
Reported in: 2006(197)ELT173(MP)
ORDER1. The decision rendered in this petition shall dispose of other connected M.C.C. bearing No. 133/97 because both these MCCs involve common question of law and secondly they are between the same parties.2. This is an application made by the Commissioner, Central Excise & Customs, Indore under Section 35H(1) of the Central Excise Act, 1944, which arises out of an order dated 6.11.96, passed in Appeal No. E/5104/92-NB (SM) bearing Order No. R/2645/96-NB seeking calling for a question from the Tribunal for being answered by this Court in reference jurisdiction. Before coming to this Court, the applicant i.e., Commissioner, Central Excise had also requested the Tribunal to make a reference to this Court on the question proposed, but by order dated 24.11.2000 bearing No. A/244/00/NB (SM), in Reference case No. E/Ref./54/97-NB (SM), the Tribunal declined to make a reference. It is under these circumstances, this application has been submitted by the Commissioner of Central Excise & Cust...
Ram Prakash and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2006
Reported in: 2006(2)MPHT323; 2006(2)MPLJ383
ORDERRajendra Menon, J.1. Petitioners have filed this petition on 6-1-00 and were aggrieved by action being taken for acquiring their land by invoking the emergency clause as contained under Section 17(1) of the Land Acquisition Act, 1894.2. Facts which are relevant for deciding the present petition are that petitioners are owners of agricultural land bearing survey Nos. 197 and 213 situated at Villages Vaishpura, Lahar, District Bhind. According to the 0etitioners respondent No. 3 was member of Legislative Assembly from Lahar constituency and various land indicated in Para 5.3 of the petition situated at Villages Vaishpura, Chibeoli belonging to respondent No. 3 and his relatives and by misusing his office the said respondent has compelled the Govt. to take action for acquisition of the land in such a manner that his lands also get irrigated but at the same time his land is not acquired by the Govt. According to the petitioner a scheme was sanctioned in the year 1972 for building the ...
Ram Bihari Vs. State of M.P
Court: Madhya Pradesh
Decided on: Jan-02-2006
Reported in: 2006(2)MPHT107
ORDERS.R. Waghmare, J.1. Being aggrieved by the non-regislration of the complaint under Section 156(3) of the Criminal Procedure Code for offence under Sections 294, 342, 506-II, 120B, 452, 323, 307, 395, 365, 386, 387 of the India Penal Code as also under Section 25/27 of the Arms Act by the respondents in spite of orders passed by the Chief Judicial Magistrate, Katni. Petitioner Ram Bihari Gautam has filed the present petition.2. From the narration of the brief facts, it appears that there has been inter-rivalry between two factions the petitioner and one Vikas Gupta regarding the filling of tender forms for construction of the trauma unit of a hospital. That the rivalry has also led to filing of report before the police prior to the incident mentioned in the petition. The incident under reference was when the petitioner was allegedly assaulted by Vikas Gupta alongwith the one Raju Yadav and Ors.. The First Information Report lodged by the petitioner Rambihari Gautam did not bear fru...
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