Madhya Pradesh Court July 2007 Judgments
Nathu Singh and anr. Vs. State of M.P. Through P.S. Porsa
Court: Madhya Pradesh
Decided on: Jul-31-2007
Reported in: 2008CriLJ770
Abhay Gohil, J. 1. Being aggrieved by the judgment of conviction under Section 302/34 IPC dated 20.4.1995 passed by First Additional Sessions Judge, Morena in S.T.No.336/97, the appellants have filed this Criminal Appeal under Section 374 Cr.P.C. challenging their conviction as well as sentence of Life Imprisonment and fine of Rs.2,000/-and in default of payment of fine further three years R.I. 2. Prosecution story in brief is that on 1.9.1995 when Mahesh nephew of complainant Baijnathsingh went for cattle grazing, he was stopped and beaten by one Gudde Singh. Mahesh came back and narrated the incident to the complainant and family members and it was decided that in the morning they will settle the matter with him. Next day on 2.9.1995 in the morning complainant Baijnathsingh along with his brother Nripat Singh, Rajbahadur, Devendra Singh, Ramveer, Ramavtar and Ganpat went to talk with Gudde Singh at the field of Gokulwari and two other accused Balwan Singh and Nathusingh were also pre...
Tag this Judgment!ishaq Mohd. Vs. Welfare Commissioner, Bhopal Gas Victims
Court: Madhya Pradesh
Decided on: Jul-31-2007
Reported in: AIR2008MP183; 2007(4)MPHT434
ORDERA.K. Patnaik, C.J. 1. The petitioner filed a claim for compensation as a Bhopal Gas Victim describing himself to be Sheikh Mohd. The Deputy Welfare Commissioner while considering the claim of the petitioner found that in the old ration card produced by the petitioner and in the Tata Survey the victim had been described as Ishaq Mohd. Similarly, in the affidavit sworn by the petitioner before the Deputy Welfare Commissioner, the petitioner has been described as Ishaq Mohd. In none of the papers, there was name of Sheikh Mohd. On account of such discrepancies with regard to the name, the Deputy Welfare Commissioner, the Additional Welfare Commissioner and the Welfare Commissioner rejected the claim of the petitioner. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution.2. Mr. Matloob Hussain, learned Counsel for the petitioner submitted that the petitioner was an illiterate person and in some of the documents produced before the Deputy Welfare...
Tag this Judgment!Ramjati Sharma Vs. M.P. State Co-operative Tribunal and ors.
Court: Madhya Pradesh
Decided on: Jul-31-2007
Reported in: 2007(4)MPHT315
Subhash Samvatsar, J.1. This appeal is filed by the appellant challenging the order dated 28-9-2001 passed by learned Single Judge of this Court in W.P. No. 1025/2001. Initially a Letters Patent Appeal was filed by the present appellant challenging the aforesaid order which was registered as L.P.A. No. 339/01, but the same was dismissed in view of the judgment of the Apex Court in case of Jamshed N. Guzdar v. State of Maharashtra : AIR2005SC862 . Subsequently, M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 came into force and the LPA was restored and was registered as Writ Appeal No. 196/06.2. The brief facts of the case are that present appellant was an employee of respondent No. 4 District Central Co-operative Bank, Ltd., Bhind. The appellant was posted as 'Samiti Prabandhak'. The appellant was the cadre employee of respondent Bank. On 29-11-1984 a show-cause notice was served on the appellant levelling three charges. Thereafter, in the Departmental Enquiry the ap...
Tag this Judgment!Mataloob HussaIn Vs. Welfare Commissioner, Gas Victims
Court: Madhya Pradesh
Decided on: Jul-31-2007
Reported in: 2007(4)MPHT543
ORDERA.K. Patnaik, C.J.1. The petitioner who is a victim of Bhopal Gas Tragedy, was awarded compensation of Rs. 25,000/- by the Deputy Welfare Commissioner, Bhopal Gas Victims, Bhopal. The petitioner preferred an appeal but the Additional Welfare Commissioner, Bhopal Gas Victims, Bhopal, rejected the appeal vide order dated 29-5-2000. Against the said order of the Additional Welfare Commissioner, Bhopal Gas Victims, Bhopal, the petitioner filed a revision before the Welfare Commissioner, Bhopal Gas Victims, Bhopal and by order dated 26-9-2004, the Welfare Commissioner enhanced the compensation to Rs. 50,000/- after considering the evidence of Dr. Shailendra Dubey on record in which he has stated that the petitioner has been suffering from bronchial asthma and asthmatic bronchitis caused due to exposure of MIC gas.2. The petitioner who himself appeared, submitted that from the evidence of Dr. Shailendra Dubey, it is clear that he was to continue to suffer from bronchial asthma and asthm...
Tag this Judgment!Chhingaram Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-30-2007
Reported in: 2007(4)MPHT473
Abhay Gohil, J.1. This appeal is filed by the appellant against the judgment dated 29/1/98 passed by the First Addl.Sessions Judge, Shivpuri in Sessions Trial No.26/96 whereby he has been convicted for the offence under Section 302 of I.P.C. and sentenced to suffer imprisonment for life with fine of Rs.10,000/-and on failure to pay fine amount,to suffer further one year R.I. 2. As per prosecution, on 19/5/95 at around 1-40, in the noon, one Bhagwat Singh informed the police station Kolaras that the dead-body of Sewak Singh Raghuvanshi S/o Bholaram Raghuvanshi, aged 28 years, is lying in the well of Bholaram. On the basis of this information, Merg No.14/95 was registered by P.S. Kolaras and the matter was investigated. The statement of Bhagwat Singh was recorded. Bhagwat Singh informed that he is cousin brother of Sewak Ram. He stated that on 18/5/95 in the morning, Sewak told him that he will go to take feast in some party and when he will come back he will bring labour for cleaning hi...
Tag this Judgment!Dwarikaprasad Tiwari and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-27-2007
Reported in: 2008(1)MPHT102
ORDERAbhay Gohil, J. 1. Petitioners have filed this Probono Publico Petition under Article 226/227 of the Constitution of India on 29.9.1999 and his contention was that the M.P. State Road Transport Corporation (hereinafter shall be referred to as 'Corporation') Gwalior has constructed some shops adjoining to New Bus Stand and D.M. Hotel. Now the same are being illegally constructed as Plaza Hotel. It was also mentioned that the land is acquired for establishment of new bus stand and now lease is being granted. It was alleged that around 48 shops were constructed by the Corporation near the new Bus stand Gwalior. They are being leased out for converting them into Hotel. The shops and bus stand should be saved and it was also mentioned that against the aforesaid action they have submitted representation to the Collector, to the General Manager and to the Chief Minister and other authorities and the relief which is being sought in the petition is that the permission of construction of ho...
Tag this Judgment!Udaisingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-27-2007
Reported in: 2007(4)MPHT85
Subhash Samvatsar, J.1. This appeal is filed by the appellants challenging judgment dated 9-11-1998 passed by the 5th Additional Sessions Judge, Bhind in Sessions Trial No. 68/1986, whereby the appellants are convicted for commission of offence under Section 396 of IPC and sentenced them to undergo life imprisonment with fine of Rs. 2000/- each, in default of payment of fine further to undergo two months rigorous imprisonment.2. As per prosecution story, on 10-11-1985 at about 8:00 AM Shivsingh and his son Chhuttallu alias Rammohan were going to their field for sowing gram crop. Chhuttallu alias Rammohan had a gun in his hand. When they reached near the houses of Kaptansingh and Chhutkansingh, the accused persons Brahamsingh, Govindsingh, Ramrajsingh, Virendrasingh, Indalsingh and Udaisingh surrounded them and snatched the gun from Chhuttallu alias Rammohan, and accused Ramraj fired gun shot on Chhuttallu, which caused injuries in his stomach and back. At that time accused Govindsingh ...
Tag this Judgment!Munnalal Son of Bhairu Singh and ors. Vs. Atmaram S/O Nandram (Hemraj ...
Court: Madhya Pradesh
Decided on: Jul-26-2007
Reported in: 2008(1)MPLJ328
A.K. Shrivastava, J.1. The unsuccessful defendants feeling aggrieved by judgment and decree passed by two courts below have filed this second appeal. 2. The facts leading to this second appeal lie in a narrow compass. The original plaintiff is Atmaram who died during the pendency of this second appeal and his legal representatives are respondents No. 1 to 4. Munnalal is the original defendant but by amending the plaint other defendants No. 2 to 7 were made party to the suit. 3. The suit of plaintiff is that on 15.5.1960 defendant Munnalal sold the suit property which is agricultural land and the description whereof has been mentioned in the plaint, to plaintiff for a consideration of Rs. 2000/-which was paid to defendant who also delivered possession to the plaintiff. The sale deed Ex. P/1 which was executed, is on stamp paper of Rs. 20/-. After having delivered possession to the plaintiff, he (plaintiff) was enjoying the suit property as owner and was taking the crops from the suit la...
Tag this Judgment!Sunil Shrivastava Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2007
Reported in: 2007(4)MPHT260
ORDERS.K. Gangele, J.1. The petitioner has filed this petition challenging the charge sheet Annexure P-1, dated 29-10-2006.2. The petitioner also challenged the order of suspension, Annexure P-2, dated 16-9-2006 that order has been revoked subsequently by the respondent vide another order dated 13-11-2006, Annexure, hence the petition of the petitioner with regard to suspension has become infructuous.3. The petitioner was working in the police department as Sub Inspector. At the relevant time he was posted as In-charge Police Station, Unnao, District Datia. A cognizable offence under Sections 302, 147, 148, 149 was registered at Crime No. 38/06 at Police Station, Unnao on the report of one Raghubir Singh son of Pratap Singh Dangi, resident of Village Devra that on 8-5-2006 at around 7.30 in the evening Khushali Dangi, Vinod Dangi, Charan Dangi, Santosh Dangi and Maithilisharan Kushwaha murdered his son-in-law, Mulayam Singh Dangi. On the basis of the aforesaid First Information Report ...
Tag this Judgment!Padma Joshi and ors. Vs. Dr. Syed Abrar Ali Hajmi and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2007
Reported in: 2008ACJ2424
S.S. Jha and Sushma Shrivastava, JJ.1. This appeal is filed by the claimants for enhancement of compensation awarded by the Claims Tribunal and prayer to fasten the liability upon the insurance company.2. Deceased Chandrashekhar Prasad Joshi died in an accident during the use of motor vehicle on 29.1.1998. After his death, claimants who are widow, son and daughters, had filed an application before the Claims Tribunal for award of compensation of Rs. 64,77,092 with interest. Application was opposed and after conclusion of evidence, the Claims Tribunal held that the offending jeep dashed against the truck, which was driven by non-applicant No. 1 in a rash and negligent manner. This finding pertaining to rash and negligent driving by the non-applicant No. 1, driver of the said vehicle is not challenged in the appeal. This appeal is confined to quantum of compensation as well as liability of the insurance company.3. As regards question of liability of the insurance company, this question h...
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