Madhya Pradesh Court July 2007 Judgments
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Smt. Shardha Vs. Smt. Nafeesa Begum
Court: Madhya Pradesh
Decided on: Jul-13-2007
Reported in: 2007(4)MPHT405
ORDERU.C. Maheshwari, J.1. The appellant has preferred this appeal being aggrieved by the order dated 16-5-2007 passed by 7th Additional District Judge, Bhopal in M.J.C. No. 88/05 dismissing his application filed under Order 9 Rule 13 of CPC for setting aside ex parte decree passed in Civil Original Suit No. 92-A/04, vide dated 6-12-2004.2. Brief facts of the appeal are that the respondent filed the aforesaid suit against the appellant for eviction regarding some accommodation situated in the City of Bhopal. Prior to the aforesaid suit some other suit in respect of some other accommodation filed by the respondent was pending between them in the Court of 6th Civil Judge, Class II, Bhopal as Civil Original Suit No. 7-A/04. The appellant was defending such suit. As per the case of the appellant, after filing the aforesaid Civil Original Suit No. 92-A/04 (Old No. 40-A/03) its notice was never served on the appellant, thus she could not appear in such case, but by fabricating the papers reg...
Sapna Vs. V. Manorama and ors.
Court: Madhya Pradesh
Decided on: Jul-13-2007
Reported in: 2008ACJ2707
A.M. Sapre and Manjusha P. Namjoshi, JJ.1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 15.7.2005, passed by learned First Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 16 of 2004. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,78,600 with interest to the claimant by way of compensation for the injury which she sustained in an accident. According to claimant, i.e., appellant herein, the compensation awarded is on a lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in this appeal filed by claimant-appellant and if so, to what extent?2. Heard Mr. S. Patwa, learned Counsel for the appellant and Mr. A.W. Khan, the lea...
Pooran Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-12-2007
Reported in: 2007(3)MPHT498
A.K. Gohil, J.1. This criminal appeal has been field under Section 374, Cr.PC against the judgment dated 6-7-1994 of conviction under Section 302, IPC and sentenced to life imprisonment in Sessions Trial No. 207/91 passed by Sessions Judge, Morena.2. Prosecution story in brief is as under:That the deceased Chhutta was an employee of appellant from his childhood. About 2 years before the alleged incident, deceased Chhutta left the job and started service in Batasha shop of one Rajesh Jain (P.W. 2). On 13-7-1991 at about 9 or 9.30 p.m. when the deceased was taking meal with his mother Bibbo and brother Ballu at his house, the appellant along with co-accused Teetu alias Murari, his brother and Veerendra his brother-in-law came to the house of the deceased and asked the deceased to accompany them to the house of Rajaram of Village Chhade. Thereafter deceased went along with them and thereafter he was done to death sometime in the same night. It was alleged that the deceased Chhutta was las...
Pritam Prasad Vs. Lakhan Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2007
Reported in: 2007(3)MPHT546
ORDERRakesh Saksena, J.1. Petitioner has filed this revision against the order dated 1st April, 2003, passed by First Additional District Judge, Bhopal, in Sessions Trial No. 329/02, under Section 228(1) of Cr.PC, remanding the case to Chief Judicial Magistrate, Bhopal, for trial.2. In short, the facts of the case are that petitioner/complainant Pritam Prasad lodged a report against respondents/accused persons, on which Crime No. 68/94 under Sections 147, 148, 149, 323, 325, 506, 427 and 307, IPC was registered by Police Parwaliya Road, Bhopal. However, after investigation, police filed charge-sheet before the Court of Judicial magistrate First class under Sections 147, 148, 149, 323, 325, 506, 427, IPC. Section 307, IPC was omitted by the police. Learned Magistrate, by order dated 3-4-2000 framed the charges against the accused persons under Sections 147, 148, 323, 325, 506, 427 read with Section 149, IPC. During trial, eight prosecution witnesses were examined. On 24-4-2002, Counsel ...
Kashi Ram Dehalwar and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2007
Reported in: 2007(3)MPHT429
ORDERA.K. Patnaik, C.J.1. Petitioner No. 1 is a National Secretary of All India Kushwah Maha Sabha and the petitioner No. 2 is a social worker. They have filed this writ petition as a Public Interest Litigation. They have alleged in the writ petition that the Collector, Gwalior has transferred reserved forest land in Survey Nos. 1420 to 1435, 1452 to 1456 and 1558 to 1572 measuring 466 Bighas to the organiser, Jan Vikas Nyas. They have further alleged that land in Survey Nos. 476,478 and 480 and other survey numbers adjoining to Jinsi Block of forest area have been encroached by the encroachers by forged and fabricated documents with the consent of the revenue authorities. The petitioners have stated in the writ petition that by order dated 12th December, 1996 in T.N. Godavarman Thirumulkpad v. Union of India and Ors. : AIR1997SC1228 , the Supreme Court has ordered that all on-going non-forest activity within any forest in any State throughout the country, without the prior approval of...
State of Madhya Pradesh and ors. Vs. Dr. (Smt.) Neelima Singh
Court: Madhya Pradesh
Decided on: Jul-12-2007
Reported in: 2007(3)MPHT570; 2008(1)MPLJ342
ORDERA.K. Patnaik, C.J.1. This is an appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 1-8-2006 of learned Single Judge passed in W.P. No. 3326 of 2004 [2006 (4) M.P.H.T. 19 (NOC)].2. The facts briefly are that on 18-7-2004, the Director of Medical Education, Government of Madhya Pradesh, issued an advertisement inviting applications inter alia for one post of Assistant Professor in Medicine from candidates belonging to the General Category for G.R. Medical College, Gwalior. On 3-8-2004, the Director of Medical Education issued a corrigendum to the advertisement so as to add one more post of Assistant Professor, Medicine for candidates belonging to the General Category in G.R. Medical College, Gwalior. One Mr. J.S. Namdhari, who had filed Writ Petition (S) No. 355 of 2003 before the Bench of the High Court at Gwalior, filed an application in the said writ petition praying for stay of the selection pursuant ...
Subhash Sahkari Upbhokta Bhandar Maryadit Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2007
Reported in: 2007(4)MPHT125
ORDERAbhay M. Naik, J.1. Petitioner is a Co-operative Society registered under the provisions of Madhya Pradesh Co-operative Societies Act, 1960 with Registration No. 124 SGR. It was allotted a fair price shop at Subhash Nagar Ward, Sagar by the Food Controller, Sagar (respondent No. 3) in the year 1964. Petitioner/Society was running the shop since then in an uninterrupted and continuous manner and without interruption. One Rajendra Kumar Ahirwar was its Manager in the year 1998. On account of certain irregularities committed by Rajendra Kumar, the licence of the petitioner Society of fair price shop was suspended vide order dated 23-1-1998 and the shop was attached to Kasturba Gandhi Mahila Prathmik Sahkari Upbhokta Bhandar, Moti Nagar, Sagar. A resolution was passed on 3-2-1998 by the petitioner Society removing thereby Rajendra Kumar Ahirwar from the services on account of irregularities committed by him. Rajendra Kumar Ahirwar was prosecuted in the Court of Special Judge, Sagar an...
Bhagwatibai and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-12-2007
Reported in: II(2008)DMC100; 2007(4)MPLJ171
Sheela Khanna, J.1. Challenge in this appeal is the judgment and order dated 22.10.1999 passed by Fourth Additional Sessions Judge, Gwalior in S.T. No. 364/95, whereby the appellants have been convicted under Section 304B of I.P.C. and sentenced to undergo life imprisonment. The appellants have also been convicted under Section 498A of IPC and sentenced to undergo one year rigorous imprisonment and to pay fine of Rs. 5,000 each failing which the appellants are further directed to suffer three months' rigorous imprisonment.2. Appellant Rajaram is father-in-law and appellant Bhagwatibai is mother-in-law of the deceased Sunita. Complainant Chotelal (PW2) is father, Gopi (PW1) is mother and Sohansingh (PW3) is uncle of the deceased Sunita. It is not disputed that deceased Sunita died within around three years of her marriage by hanging herself and committed suicide.3. The case of the prosecution in brief is that, on 2.7.1995, complainant Chotelal (PW2) lodged a report (Ex. PI) at Police St...
Manoj Upadhyay and anr. Vs. Medical Council of India and ors.
Court: Madhya Pradesh
Decided on: Jul-11-2007
Reported in: AIR2007MP286; 2007(4)MPHT35
ORDERA.K. Patnaik, C.J.1. The petitioners who are local residents of Gwalior have filed this writ petition as a Public Interest Litigation. They have stated that Regulation 6.1 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (for short 'the Regulations of 2002') prohibits doctors who have been registered as Medical Practitioners, from advertising their names in large sign-boards or hoardings, but in the entire State of Madhya Pradesh, doctors and Nursing Homes owned by doctors have put up big sign boards and hoardings so as to attract patients for treatment. The petitioners have prayed that a direction be issued to the respondent Nos. 1 and 2 to constitute a permanent committee to keep vigil on the soliciting and infamous acts of the medical practitioners and to frame a policy through which the doctors at large may be made aware of the Regulations of 2002. Various other reliefs have been claimed in the writ petition for the purpose of ensuri...
Khyaliram and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-11-2007
Reported in: 2007CriLJ4740
ORDERB.M. Gupta, J.1. This revision has been preferred by the petitioners impugning the order dated 9-2-2005 passed by the Additional Sessions Judge, Ganjbadosa, Dist. Vidisha, in Sessions Trial No. 208/2004, by which the learned Judge has ordered to frame the charge against the petitioners for the offence punishable under Section 306 of IPC.2. Admittedly, the deceased-Revishankar S/o. Bharat Singh Kurmi committed suicide by consuming poisonous substance on 29-6-2004. His dying declaration was recorded. The relevant part of the statement is as under;(Vernacular matter omitted....Ed.)3. On perusal of the statements of Bharat Singh and Arvind Patel who are the father and brother of the deceased, it appears that one letter was found in the pocket of the deceased which was addressed to the in-charge Police Station, Teonda. Despite direction and awaiting for a period of more than one year, that letter could not be produced by the State nor it has been informed as to whether the letter is av...
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