Madhya Pradesh Court February 2007 Judgments
Ramabhilash Tripathi and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2007
Reported in: AIR2008MP217
ORDERAjit Singh, J.1. By this petition, the petitioners have prayed for a direction against the respondents to return their lands which were acquired under the provisions of Land Acquisition Act, (in short, 'the Act').2. It is not in dispute that by notification dated 11-7-1975, Annexure A1, issued under Section 6 of the Act, the State Government acquired total 159.111 hectares of land situated at villages Harnampur and Sonwari, Tahsil Maihar, District Satna. These lands were acquired for the establishment of cement factory as public purpose. The lands so acquired included, petitioners' lands bearing Khasra Nos. 47/1 area 0.0773 hectares; 472/1 area 0.073 hectares; 473/1 area 0.554 hectares and 473/2 area 0.554 hectares - total area 1.954 hectares situated at village Harnampur. The petitioners willingly accepted the compensation in respect of their acquired lands. The petitioners do not challenge the validity of acquisition of the lands under the provisions of the Act. The lands acquir...
Tag this Judgment!Kanriya @ Kanwarlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-21-2007
Reported in: 2007CriLJ3073; 2007(2)MPHT271; 2007(3)MPLJ254
S.L. Kochar, J.1. The appellant has called in question legality of his conviction under Section 302 of the IPC sentenced to RI for life and fine of Rs. 5,000/-; in default of payment of fine additional RI for one year passed by learned Addl. Sessions Judge Rajgarh (Biaora) in Sessions Trial No. 1/1992 judgment dated 7-12-1996.2. This is the appeal of the year 1997. Appellant is on bail. Neither appellant nor his Advocates are present, though, this appeal is being listed for final hearing since 2005. On 24-8-2005 appeal was adjourned because none appeared on behalf of the appellant. Thereafter it was listed on 2-2-2006. On this date Advocate Shri Vikas Yadav sought adjournment on the ground of sickness of arguing Counsel Sr. Advocate Shri Jaisingh. The appeal was adjourned for two weeks. Thereafter it was listed on 3-4-2006, 4-4-2006, 5-4-2006, 7-4-2006, 13-4-2006, 21-4-2006, 28-4-2006 and on all these dates none appeared on behalf of the appellant and the appeal was adjourned. On 4-5-2...
Tag this Judgment!Jiyaji Rao Cotton Mills Ltd. Vs. Board of Industrial and Financial Rec ...
Court: Madhya Pradesh
Decided on: Feb-21-2007
Reported in: 2007(2)MPLJ519
ORDERSubhash Samvatsar, J.1. By this order LA. No. 16161/2006 is considered and decided.2. This application is moved by the M/s Visvesvaraya Industrial Research and Development Centre, Mumbai (for short 'the Centre') claiming possession of a shop situated at Unit No. 63 in Trade Centre, Arcade, Cuffe Parade, Colaba, Mumbai.3. The order sheets dated 22-11-2002 passed by this Court shows that after winding up order was passed by this Court, the Official Liquidator submitted his report stating that the property in question was owned by the Company and therefore the same should be auctioned and this Court has directed to sell all the movable properties of the Company including the present shop.4. In pursuance of this order, another order was passed by this Court on 22-11-2005 and 18-10-2006 for issuing advertisements, whereby this Court as directed to put the property of the Company to auction, therefore, the Official Liquidator has issued advertisement and put the property in auction.5. I...
Tag this Judgment!National Insurance Co. Ltd. Vs. Chhaya Lokhenda and ors.
Court: Madhya Pradesh
Decided on: Feb-21-2007
Reported in: 2008ACJ2317
R.K. Gupta, J.1. The present appeals have been preferred by insurance company against the awards passed by the Motor Accidents Claims Tribunal (Fast Track Court), Jabalpur (for short, 'the Tribunal') in respect of Claim Case Nos. 179, 181 and 182 of 2002 which were filed in respect of the accident occurred on 28.4.1998 by the truck No. MP 21-6843.2. In the aforesaid cases the claim has been allowed by the Tribunal and the liability has been fastened on the insurance company, i.e., the appellant herein. The learned Counsel for the appellant has made a singular submission assailing the finding arrived at by the Tribunal with regard to the issue No. 4 which has been dealt with by the Tribunal in paras 23 to 34 of its award. It was contended before the Tribunal by the present appellant insurer that there had been no insurance of the truck on the date when the accident has occurred.3. The facts that are essential to be stated are that the original owner of the truck was one Pushpendra Singh...
Tag this Judgment!Ramesh Kumar Vs. Smt. Lata Devi and ors.
Court: Madhya Pradesh
Decided on: Feb-20-2007
Reported in: AIR2007MP153
Arun Mishra, J.1. These two appeals have been filed against an order dated 8-11 -2005 passed in Civil Suit No. 26A/2005 by Second Additional District Judge, Khandwa. M.A. No. 3544/2005 has been filed as against rejection of the application under Order 39, Rules 1 and 2 whereas M.A. No. 3757/2005 has been filed as against rejection of the prayer to appoint the receiver.2. Plaintiff/appellant has filed a suit before the Court below for rendition of accounts and permanent injunction restraining the defendants from carrying on the business in the name and style of M/s. Antique Stores, Bombay Bazar, Khandwa. Plaintiff has come with the case that on 1-9-1971 a partnership firm was constituted, it was duly registered under the provisions of the Partnership Act, 1932 (hereinafter referred to as the Act). Initially the partnership was entered between Shivalal, father of the plaintiff and Rishi Kumar, Rishi Kumar was elder brother of the plaintiff Ramesh Kumar. Shivalal died on 14-5-1979. Firm w...
Tag this Judgment!National Insurance Co. Ltd. Vs. Rajesh Kumar Garg and ors.
Court: Madhya Pradesh
Decided on: Feb-20-2007
Reported in: II(2007)ACC876; 2008ACJ1233; 2007(4)MPLJ9
Abhay Gohil, J.1. This judgment shall govern the disposal of Misc. Appeal Nos. 680/2000 and 682/2000, as they arise out of the same accident. Misc. Appeal No. 680/2000 has been filed by National Insurance Company Limited, challenging the award dated 31.7.2000 passed by Second Additional Motor Accident Claims Tribunal, Morena in Claim Case No. 186/98 and Misc. Appeal No. 682/2000 has been filed on behalf of the claimants for enhancement of compensation against the same award. Both the appeals have been filed under Section 173 of Motor Vehicles Act, 1988.2. Brief facts of the case are that on 9.2.98 appellant No.1 Rajesh Kumar (in Misc. Appeal No. 682/2000 was travelling in a truck No. MP 06-A-3399 along with some ballot boxes and was coming from Damoh to Morena. Vishambhar Dayal (AW1) has stated that he had deputed his brother to accompany along with the ballot boxes from Damoh to Morena as they were being carried for repairs. In the way near the grassland of Jhansi one truck No. MP-06-...
Tag this Judgment!State of Madhya Pradesh Vs. Anil Kumar Verma
Court: Madhya Pradesh
Decided on: Feb-19-2007
Reported in: 2007CriLJ2919; 2007(2)MPLJ393
S.A. Naqvi, J.1. Appellant-State has preferred this appeal aggrieved by the impugned judgment dated 1-5-2000 passed by Special Judge, Morena (Prevention of Corruption Act, 1988) in Special Case No. 1/97, whereby the respondent Anil Kumar Verma has been acquitted of charges under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act')2. Admitted facts are that on 22-5-1996 respondent Anil Kumar Verma was posted as Dy. Registrar in Co-operative Societies, Morena and was serving as a public servant. Complainant Siyaram Rathore was Accountant in the said Co-operative Societies. On 1-11-1995 the son of complainant Tulsiram was appointed on the post of peon as daily wages employee in the Co-operative Societies, Morena by M.K. Dixit, Assistant Registrar and Officer in charge of the Co-operative Societies. In December, 1995 respondent Anil Kumar Verma came on transfer as Dy. Registrar in Morena Office.3. Prosecution case ...
Tag this Judgment!United India Insurance Company Ltd. Vs. Rajesh and ors.
Court: Madhya Pradesh
Decided on: Feb-19-2007
Reported in: II(2007)ACC748
ORDERK.K. Lahoti, J.1. There is delay of 32 days in filing the present appeal. In this regard, the appellant has moved an application under Section 5, Limitation Act. This matter arising out of Motor Accident Claims Tribunal, Barwani in Claim Case No. 247/2005, in which the Claims Tribunal has awarded Rs. 3,43,000 along with interest to the claimant. From the award of Claims Tribunal it appears that the appellant has suffered grievous injury resulting amputation of left hand apart from other grievous injuries. Claims Tribunal after considering entire evidence has awarded Rs. 3,43,000 to the claimant.2. This appeal has been filed only on the ground that Rajesh was travelling in a loading tempo and he was gratuitous passenger, but the Claims Tribunal has found that he was cleaner of the tempo and was travelling in the same capacity in the tempo. The aforesaid finding has been assailed by the appellant, but there is no material infirmity in the impugned order to reverse the aforesaid find...
Tag this Judgment!Sadhana Singh Vs. Bhagwan Das Arakh
Court: Madhya Pradesh
Decided on: Feb-15-2007
Reported in: 2007(2)MPHT334; 2007(3)MPLJ48
ORDERAbhay M. Naik, J.1. A challenge to order dated 25-1-2006 passed by Shri Praveen Shah, District Judge, Satna (Annexure P-4) in case No. HM 66-A/05 has been made in the present writ petition whereby an application of the non-applicant/petitioner under Section 24 of the Hindu Marriage Act was dismissed on the ground that it was/7/ww facie established that the petitioner herself was residing separately from her husband in a voluntary manner.2. Short facts involved in the petition are that the petitioner and respondent are Hindu by religion and their marriage was performed on 21st May, 2004. The respondent/husband submitted an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights with the allegations that the marriage was performed without the consent of the petitioner/wife. She had a love affair with a boy residing at Satna. After the marriage, the petitioner accused her husband of making undue demands for dowry and also levelled allegations on his c...
Tag this Judgment!Bhurji and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-15-2007
Reported in: 2007CriLJ2645; 2007(1)MPLJ600
S.L. Kochar, J.1. The appellants named above being dissatisfied by the judgment dated 28-4-2001 rendered by the learned Sessions Judge. Jhabua in Sessions Trial No. 518/98 thereby finding the appellants guilty of the offences under Sections 376(2)(g)(1), 376(2)(g)(1) read with Sections 511, 450 and 395 of the Indian Penal Code and sentenced them as under:(a) Appellant No. 1 Bhurji, No. 2 Pidiya, No. 8 Badra, alias Bahadra, No. 9 Chamna and No. 10 Ramesh to suffer Life Imprisonment with fine of Rs. 1,000/- under Section 376(2)(g) and 376(2)(g), r.w. Section 511, IPC on three counts, in default of payment of fine to suffer two years' R.I. and to suffer Five years' R.I. and fine of Rs. 1,000/- under Section 376(2)(g) (Expl. 1) read with Section 511, IPC, in default of payment of fine to suffer six months' R.I. and two years' R.I. and fine of Rs. 1,000/- under Section 450, IPC, in default of payment of fine to suffer six months' R.I. and ten years' R.I. and fine of Rs. 1,000/- under Sectio...
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