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Madhya Pradesh Court May 2006 Judgments

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May 09 2006

Mohabbat S/O Karsan Vs. State of M.P.

Court: Madhya Pradesh

Decided on: May-09-2006

Reported in: 2006(4)MPLJ154

S.K. Kulshrestha, J.1. The appellant assails the Judgment dated 22nd June, 2005 of the learned Sessions Judge, Mandleshwar, in Sessions Trial No. 57/2005 by which the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.2. The appellant was indicted for commission of the murder of his own wife by burning her. Accordingly to the prosecution, on 3-12-2004, in Maheshwar, Ward No. 8, accused demanded money from his wife - Mayabai for liquor and on her pleading inability, he quarrelled with her and stating that he would bring the matter to an end, he poured over her kerosene and lighted a match and set her ablaze. Mayabai raised an alarm which attracted her mother Gendabai and other persons from the neighbourhood namely, Munna s/o Surpal, Rajesh s/o Champalal and others. Seeing that persons from the neighbourhood were coming, the accused ran away. Mayabai was taken on a handcart by Munna (P.W. 7) and Rajesh (P.W. 6) to the Hospital. ...


May 08 2006

Babulal Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: May-08-2006

Reported in: 2005(4)MPLJ176

S.K. Kulshrestha, J.1. Both these appeals have been filed by the same appellant to assail his conviction under Section 302 of the Indian Penal Code, recorded by judgment dated 2241-1997 of the learned Sessions Judge, Mandsaur, passed in Sessions Trial No. 79/1997 by which the appellant has been sentenced to imprisonment for life.2. The appellant was indicted for offence punishable under Section 302 of the IPC for having caused death of his wife Chandrakala on 2-24997, at about 5.00 p.m., in Village Padliya Lalmuha, by striking her with fuel wood and causing burns on various parts of her body with 'Chimta' (tongs), 'Fukni' (an iron pipe) and 'Kalchi' (a serving spoon). A report of the incident was lodged by Ramlal (not examined by the prosecution), at Police Station, Bhavgarh, pursuant whereto the investigation was commenced. On receipt of the report (Ex. P-24), Onkar Singh, Head Constable (P. W. 8), proceeded to the spot where he recorded Dehati Nalish (Ex. P-25). S.D. Sharma, Asstt. S...


May 05 2006

M.P. Electricity Board Vs. Smt. Sunder Bai and ors.

Court: Madhya Pradesh

Decided on: May-05-2006

Reported in: 2007ACJ1769

N.K. Mody, J. 1. Being aggrieved by the Judgment and the Decree dated 14-8-96 whereby the appellant and respondent Nos. 6 and 7 have been directed to pay a sum of Rs. 84,000/- as compensation, the present appeal has been filed.2. Short facts of the case are that on 7-6-84, Hira died on account of electrocution by corning into contact with naked wires and respondent No. 3 also sustained injuries because of electrocution and her three fingers were amputated. Respondent Nos. 1-5 being the L.Rs, of deceased Hira filed a suit for damages against the appellant and respondent Nos. 6 and 7 on 12-3-86 for a sum of Rs, 1,65,000/-, in which it was alleged that the accident occurred due to carelessness and negligence on the part of the appellant and respondent Nos. 6 and 7. The suit was contested by the appellant and respondent Nos. 6 and 7. It was alleged that there was no negligence on the part of the appellant. It was also alleged that if there was any negligence on the part of respondent Nos. ...


May 05 2006

Sara Bai Vs. Satish and ors.

Court: Madhya Pradesh

Decided on: May-05-2006

Reported in: 2007ACJ2158

A.M. Sapre, J.1. This is an appeal filed by the claimant who is legal representative of the deceased under Section 173 of the Motor Vehicles Act, 1988 against an award dated 19.2.2002, passed by learned Second Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 327 of 1998. By impugned award, the Tribunal has awarded a total sum of Rs. 80,000 with interest to the claimant for the death of one Fakruddin, who died in vehicular accident. According to claimant, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimant has 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. S. Patwa, learned Counsel for the appellant and Mr. S.V. Dandwate, learned Counsel for insurance comp...


May 05 2006

Jagmohan Parashar Vs. State of M.P.

Court: Madhya Pradesh

Decided on: May-05-2006

Reported in: 2006(3)MPLJ248

ORDERS.A. Naqvi, J.1. This revision petition is directed against order dated 4-1-2006 passed in S.T. No. 330/2004 by Special Judge (Atrocities), Gwalior whereby an application under Section 311 of Cr.PC for recalling prosecution witness Anis (P.W. 8) for re-cross-examination has been rejected.2. Petitioner Jagmohan is facing trial before Special Judge (Atrocir ties) under Sections 302 and 336 of IPC. Initially he was charged under Section 302 of IPC and trial was in progress. Statement of Anis (P.W. 8) was recorded on 23-8-05 and 24-8-005. On 24-8-2005 petitioner requested to learned Trial Court that he does not want that trial be conducted by his previous Counsel. Consequently, defence Counsel withdrew his power. Half an hour time was granted to petitioner for engaging another Counsel and Junior Advocate Shri Somveer Singh Yadav cross-examined this witness. Petitioner engaged to Shri A.K. Barua, Sr. Advocate and his Junior Counsel. He filed his power on 1-9-2005.3. On 24-11-2005, lear...


May 05 2006

Anoop Kumar Vs. Janrel Singh and ors.

Court: Madhya Pradesh

Decided on: May-05-2006

Reported in: IV(2006)ACC61; 2007ACJ2296

ORDERN.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 18.2.1999 in Claim Case No. 45/1994 passed by IInd MACT, Neemuch whereby in a claim petition filed by appellant learned Tribunal awarded a sum of Rs. 55,659 along with interest @ 12% p.a., the present appeal has been filed.2. Short facts of the case are that appellant who was aged four years at the time of accident met with an accident by truck bearing registration No. PB08F/8124, which was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent Nos. 3 and 4 at the relevant time. Claim petition was filed by the appellant which was contested by the respondent No. 4. On the basis of pleadings of the parties learned Tribunal framed the issues, recorded the evidence and passed the award for a sum of Rs. 55,659.3. Learned Counsel for the appellant submits that on account of accident, left leg of the appellant has been amputated above the knee, appellant has suffered ...


May 05 2006

Nilesh Kumar Vs. Bapulal and ors.

Court: Madhya Pradesh

Decided on: May-05-2006

Reported in: III(2006)ACC844; 2008ACJ331

ORDERN.K. Mody, J.1. This order shall also govern the disposal of M.A. Nos. 387/2003, 652/2003, 692/2003, 739/2003, 740/2003 and 741/2003.2. Short facts of the case are that on 15.4.1998, the offending truck bearing Registration No. MP 04 K2938 met with an accident. Undisputedly, the offending truck was insured as goods vehicle with respondent No. 8, driven by respondent No. 7 and owned by the appellant on the relevant date. On account of the accident, three persons namely, Champalal, Raisingh and Prabhulal died on spot and number of persons were injured. On account of accident, number of claim cases were filed. Two claim cases 90/98 and 92/98 were dismissed on account of no evidence. Case against respondent No. 7 who was the driver, proceeded ex pane. The claim cases were contested by the appellant and the respondent No. 8 who are owner and Insurance Company respectively. In all the claim cases Insurance Company has been exonerated holding that respondent No. 8 is not liable for payme...


May 05 2006

Oriental Fire and General Insurance Co. Ltd. Vs. Ramlal Alias Ramu and ...

Court: Madhya Pradesh

Decided on: May-05-2006

Reported in: 2007ACJ1649; [2006(111)FLR880]

ORDERN.K. Mody, J. 1. Being aggrieved by the order dated 17-4-1996 passed by Commissioner of Workmen's Compensation in W.C. Case No. 16/84-NF, where by the application filed by the respondent No. 1 under the provisions of Workmen's Compensation Act has been allowed and the appellant and respondent No. 3 has been directed to pay a sum of Rs. 40,000/- alongwith penalty @ 20% with interest @ 6% per annum, the present appeal has been filed.2. Short facts of the case are that respondent No. 1 filed an application before the Workmen's Commissioner (Labour Court), Ujjain alleging that the respondent No. 1 was in employment of respondent No. 3. It was alleged that respondent No. 3 was having the Gas Agency. Respondent No. 1 went to the house of R.C. Porwal alongwith Gas Cylinder and when he was fitting Gas Cylinder at that time because of pressure, fire took place and the respondent No. 1 sustained burn injuries. It was alleged that because of the fire, respondent No. 1 sustained burn injuries...


May 04 2006

Rajendra Prasad Tiwari and anr. Vs. State of M.P. and ors.

Court: Madhya Pradesh

Decided on: May-04-2006

Reported in: AIR2007MP115

ORDERArun Mishra, J.1. In this petition, petitioners have assailed an order (P/7) dt. 6-3-2006 passed by the Sub-Divisional Officer. Prayer has also been made to grant compensation to petitioners for usage of their agricultural lands for taking transmission line over it.2. Petitioners have submitted that the petitioner No. 1 is having total 1.40 hectares of agricultural land adjoining to the road, Respondent No. 4; Power Grid Corporation India Limited has proposed 400 KV line over the field. As per the survey conducted by respondent No. 4, the power line was to be taken from the side of the field thereby causing minimum loss to the petitioner. However, the respondent No. 4 has modified the direction of the High Tension Power line, thereby taking the line diagonally over the field so as to cross a cluster of newly built illegal houses. The officers of the respondent No. 4 are hand in glove with the owners of the houses and there is an unwritten sharing of 50% of compensation between the...


May 04 2006

Ram Kishore Singh Vs. Nirmala Devi Kushwaha and anr.

Court: Madhya Pradesh

Decided on: May-04-2006

Reported in: 2006(3)MPLJ194

A.P. Shrivastava, J.1. This appeal is filed by the appellant under Section 19 of Family Court against the order dated 15-7-2004 passed by Presiding Officer of the Family Court, Smt. Prabha Khare in Case No. 2/02, by which the petition filed by the respondent No. 1 under Section 25 of the Guardian and Wards Act and allowed the petition by ordering to give the custody of minor to respondent No. 1.2. In short, the facts of the case are that the respondent No. 1 married with the son of the appellant in the year 1995. After marriage one son and one daughter were also born. On 30-10-2002, the husband of respondent committed suicide and after his death appellant taken away his minor son Anup forcefully and kept in his custody. As respondent No. 1 is natural guardian so she is entitled to have the custody of the minor.3. The case of the appellant is that he has filed complaint against the respondent No. 1 regarding murder of his son (husband of respondent No. 1) and the investigation is going ...


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