Madhya Pradesh Court August 2007 Judgments
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Rameshchandra Onkarlalji Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-24-2007
Reported in: 2008CriLJ933; 2007(4)MPLJ474
ORDERW.A. Shah, J.1. This is a revision under Section 397 read with Section 401 of the Code of Criminal Procedure ('Code' hereafter). It arises out of order contained in judgment dated 25-4-2007 passed by learned Third Additional Sessions Judge, Mandsaur in Sessions Trial No. 56/2006 whereby the learned Additional Sessions Judge vide para 70 of the judgment directed for arraignment of the applicant as accused in exercise of powers under Section 319 of the Code.2. Multum in parvo, one Smt. Roopkunwarbai was assaulted by Sunil, Naharsingh, Vinod and Kamal and the matter was reported to the police. In the report allegation of exhortation was levied against the petitioner to the effect that he was present on the scene of occurrence and exhorted the accused persons stated above to assault the said lady. On the basis of the said report police had registered an offence at Crime No. 320/2005 for offences punishable under Sections 147, 148, 307 and 506(11) of the Penal Code against the above na...
Anoop Kumar Tiwari Vs. Bharat Sanchar Nigam Limited and ors.
Court: Madhya Pradesh
Decided on: Aug-23-2007
Reported in: 2007(4)MPHT55
ORDERShantanu Kemkar, J.1. By this petition filed under Article 226/227 of the Constitution of India the petitioner who claims to be a B Class enlisted contractor by the first respondent, Bharat Sanchar Nigam Ltd. (for short 'BSNL') is seeking following reliefs:(i) To issue a writ in the nature of certiorari letter dated 12-4-2007 and 27-4-2007 be quashed.(ii) To issue a writ in the nature at mandamus the respondents be directed to produce the record pertaining to the NIT date 7-4-2007 and further be directed to official respondents to issued fresh NIT.(iii) That this Hon'ble Court may kindly be pleased to hold that the condition of tender form, i.e., the solvency certificate shall not be older than the date of issue of NIT may kindly be struck down on the ground of it being unreasonable.(iv) Any other relief/reliefs, order/orders, direction/directions which this Hon'ble Court may deems fit and proper may kindly be granted to the petitioner including the cost of petition.2. On 7-3-2007...
Sherwani and ors. Vs. Jagdish and ors.
Court: Madhya Pradesh
Decided on: Aug-23-2007
Reported in: 2009ACJ427
Dipak Misra, J.1. Appellants-claimants thereinafter referred to as 'the claimants') initiated an action under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') before the Motor Accidents Claims Tribunal, Dewas for grant of compensation of Rs. 15,00,000 for the death of Istakar, a driver in Public Works Department, who died in an accident caused due to dashing of the truck bearing registration No. MP 09-KA 5305.2. It was contended before the Tribunal that his monthly salary was Rs. 8,142 and he had left behind two wives and six children. As one of the daughters was given in marriage she was not brought on record as a respondent. It was put forth that his monthly contribution to the family was considerably high as he maintained the family with immense love, care and affection. He was aged 52 years and due to his untimely death immense loss had been caused for which the compensation was sought.3. The claim put forth by the claimants was resisted by the insurer on the groun...
Shyam Sundar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-23-2007
Reported in: 2008(5)MPHT217
ORDERRajendra Menon, J.1. Challenging the order Annexure P-1, dated 24th June, 2005 passed by Board of Revenue and order Annexure P-2, dated 22-1-04 passed by Competent Authority under the M.P. Ceiling on Agriculture Holding Act, 1960 so also challenging the order Annexure P-3, dated 14th July, 2000 passed by Additional Collector, petitioner has filed this petition under Articles 226 and 227 of the Constitution.2. Facts in brief which are necessary for deciding the controversy involved in this petition are that the land in question is situated in Village Chak Jourasi, Tehsil Dabra, District Gwalior, initially the entire land consisting of 150 acres belonged to one Raghu Pratap. After the M.P. Ceiling of Agriculture Holding Act, 1960 (hereinafter referred to as 'the Act') came into force and certain amendments were made by the Act No. 20 of 1974, ceiling proceedings were initiated with respect to the aforesaid land. The Competent Authority exercising jurisdiction under the Ceiling Act, ...
Smt. Saraswati @ Jaya Bichpuria Vs. Smt. Archana Bichpuria
Court: Madhya Pradesh
Decided on: Aug-21-2007
Reported in: 2007(4)MPHT131
ORDERShantanu Kemkar, J.1. By this petition filed under Article 227 of the Constitution of India the petitioner/defendant has challenged the order dated 3-8-2006 passed by the Second Civil Judge Class-II, Katni in Civil Suit No. 143-A/2004.2. Briefly stated, the respondent/plaintiff filed a suit for mandatory injunction on 7-7-2004 on the basis of a registered release deed dated 12-9-2003 executed by the petitioner/defendant in favour of the plaintiff seeking eviction of defendant from the suit premises and directing her to give vacant possession of it to the plaintiff. As per the plaint averments since the defendant was residing in the suit premises and to arrange for another place for her resident on her request the plaintiff allowed her to stay in the suit premises for short time enabling her time to shift to another accommodation. However, when the defendant even after the demand of the plaintiff declined to vacate the suit premises on unreasonable and false pretext the plaintiff h...
Jeevan Lal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-21-2007
Reported in: 2008(3)MPHT223
ORDERRajendra Menon, J.1. Challenging the order Annexure P-1, dated 21-4-2003 passed by Collector, District Shivpuri exercising powers of revision under Section 50 of M.P, Land Revenue Code, 1959 and interference made in an order dated 17-8-1995 passed by Naib Tehsildar exercising powers under the Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upbandh) Adhiniyam, 1984 (hereinafter referred to as 'the Adhiniyam, 1984') petitioner has filed this petition.2. Petitioner claims to be an agriculturist and permanent resident of Village Mamonikhurd, Tehsil Karcra, District Shivpuri (MP). It is stated that petitioner is a landless person, has no means of livelihood, when the Adhiniyam, 1984 was incorporated, petitioner was in possession of land bearing Survey No. 785 measuring 1.60 hectares prior to 2nd October, 1984. He had filed an application under the aforesaid Adhiniyam, 1984 seeking conferral of Bhoomiswa...
Shyamlal Vyas Vs. Inderchand JaIn and ors.
Court: Madhya Pradesh
Decided on: Aug-20-2007
Reported in: AIR2008MP15; 2007(4)MPHT366
ORDERA.K. Gohil, J.1. Petitioner has filed two contempt petitions in which Shri Ashok Vailankar is appearing as an Advocate/Lawyer on behalf of petitioner. There was an objection that he cannot appear, act or plead in the case as he has been convicted under Contempt of Courts Act.2. Petitioner has filed I. A. No. 12938/07 for transfer of these petitions to Main Seat. Parties are heard on the application as well as on Contempt Petition.3. This order shall also govern the disposal of Contempt Petition No. 120/03.4. Shri Raja Sharma, Advocate submitted that the respondent No. 1 Inderchand Jain has expired on 1-5-05 and this fact is in the knowledge of Counsel for the petitioner and he has not filed any application for bringing the LR's of the respondent No. 1 on record. Therefore, this contempt petition abates against the respondent No. 1.5. On 25-7-07, Shri Ashok Vailankar appearing as Counsel for the petitioner obtained time to satisfy this Court that being a convicted lawyer in a conte...
Dharamdas Nechlani S/O Shri Govind Ram Vs. the State Govt. of M.P. Thr ...
Court: Madhya Pradesh
Decided on: Aug-17-2007
Reported in: 2007(4)MPHT134
ORDERK.K. Lahoti, J.1. This revision has been preferred under Section 19 of the M.P.Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as 'Adhiniyam' for short), challenging award dated 1.1.1997 passed by M.P.Arbitration Tribunal, Bhopal in reference case No. 54/1991. 2. The facts of the case are that petitioner Dharamdas Nechlani was awarded a percentage rate contract for construction of drainage syphon at R.D.12,800 at Bargi left bank main canal group No. 3. The amount of work put to the contract was Rs. 2.92 lakhs and the stipulated period for completion of work was 10 months excluding four months of rainy season. The petitioner quoted 104% above C.S.R. for steel work and 40% above C.S.R. for other items of the schedule in the agreement. An agreement No. 11/80-81 was executed between the parties and work order was issued to the petitioner on 29.1.1981. The due date of completion of work was 2.4.1982. The syphon was initially proposed to be constructed at R.D.12,800, but ...
Mukesh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-17-2007
Reported in: 2007(4)MPHT394
A.P. Shrivastava, J.1. This appeal is directed against the judgment of conviction and sentence dated 2nd July, 2001 passed by Additional Sessions Judge, Ganj-Basoda in Sessions Trial No.84/2000, by which the appellant has been convicted under Section 304B of IPC and sentenced to under rigorous imprisonment for seven years and under section 201 of IPC, sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 500/-with default stipulation. Both the sentences are run concurrently. 2. In brief, the story of the prosecution is that on 18.2.2000,Kalyan Singh(P.W.7) lodged the report at the police station Natren, informed about the death of his uncle's daughter Mithlesh Kumari who died due to burn. Marg intimation was recorded by the police. After investigation, it is found that she was married to the appellant about 8-9 months back. On the fateful night, she was along-with her husband. After hearing the cry of the deceased, Umrao Singh(P.W.9) and Niranjan (P.W.2) went to th...
Kusum and ors. Vs. Kamal and anr.
Court: Madhya Pradesh
Decided on: Aug-17-2007
Reported in: 2009ACJ1613
ORDERU.C. Maheshwari, J.1. This appeal is directed under Section 173 of the Motor Vehicles Act (for short `the Act) by the appellants/claimants being aggrieved by the award dated 25.9.96 passed by the Additional Motor Accident Claims Tribunal Multai in Claim Case No. 4/92 dismissing their claim regarding compensation for the death of their predecessor Nago Rao in a vehicular accident. 2. As per the averments of the claim petition, the predecessor of the appellants Nago Rao had an agricultural field at village Sandiya Tehsil Multai. The respondent No. 1, being dealer of respondent No. 2, the manufacturer of tractor and power trillers, was marketing and selling the aforesaid tractor and the power triller. On dated 7.9.91, at about 9-10 O' Clock in the morning, on behalf of respondent No. 2, respondent No. 1 organized a demonstration of their product Mitsubishi power triller of 12 HP having Chasis No. C.T.8530/82 and Engine No. T.W.H.9497 at the field of Nago Rao. The villagers were also ...
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