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Madhya Pradesh Court September 2007 Judgments

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Sep 11 2007

Kumari Tripti Pathak and ors. Vs. B.C. Vaidya, the then Tahsildar and ...

Court: Madhya Pradesh

Decided on: Sep-11-2007

Reported in: 2008(1)MPHT207; 2008(1)MPLJ200

ORDERK.K. Lahoti, J.1. The applicants have made a complaint to the Court that the respondents have not complied with the order dated 3.3.2004 in F.A. No. 92/04 by which this Court passed following order: Let notice of M.C(P) 612/04 be sent to respondent No. 4 to 10. In the meantime, further proceedings may go on. However, final decree may not be passed till further orders. 2. It is submitted by the petitioners that the order dated 3.3.2004 was communicated to the Tehsildar, Damoh on 16.3.2004, but inspite of this, the Tehsildar passed an order on 20.5.2004, which is in gross violation of the order dated 3.3.2004 passed by this Court and the respondents deserve to be punished. 3. The facts of the case are as under:Respondent No. 2 Subhash Pathak filed a civil suit for declaration, possession, mesne profits and for permanent injunction against the petitioner. The suit was contested by the parties and ultimately on 8th December,2003, the judgment and decree was passed in favour of respond...


Sep 11 2007

Rakesh Rai Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Sep-11-2007

Reported in: 2007(4)MPHT248

ORDERRakesh Saksena, J.1. Petitioner has filed this revision against the order dated 31st January, 2006, passed by Vth Additional Sessions Judge, Sagar, in Criminal Appeal No. 275/05, affirming the judgment dated 31-8-2005, passed by Judicial Magistrate First Class, Sagar, in Criminal Case No. 2450/04 (Old No. 200/96), convicting the petitioner for the offence under Sections 3 and 4 of Public Gambling Act and sentencing him to deposit fine of Rs. 500/- on each count respectively. In default of payment of fine, simple imprisonment for 15 days on each count.2. In short, the prosecution case is that on 25-2-1996 Sub Inspector Purshottam Lal Ahirwar of Police Station Motinagar, Sagar, received information that some persons were gambling in the house of petitioner situated at Chandra Shekhar Wards, Sagar. He obtained authorization for search of the petitioner's house from City Superintendent of Police, Sagar, viz. R.P. Singh and talcing two independent witnesses viz., Goverdhan Kori and Nar...


Sep 11 2007

Fareed Baig and ors. Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Sep-11-2007

Reported in: 2008(1)MPHT421

ORDERRakesh Saksena, J.1. Applicants have tiled this revision against the order dated 24-5-2007 passed by Special Judge, Begamgunj, District Raisen, in Special Sessions Trial No. 05 of 2007, framing charge against them under Section 138 of the Indian Electricity Act besides Section 429 of the IPC and Section 11 of the Cattle Trespass Act.2. Learned Counsel for the applicants submits that the learned Special Judge has committed illegality in taking cognizance against applicants for the offence under Section 138 of the Indian Electricity Act, 2003, (hereinafter referred to as the 'said Act') on the basis of charge-sheet filed by police before it. He submits that in view of the provisions of Section 151 of the said Act no Court can take cognizance of an offence punishable under the said Act except upon a complaint in writing made by appropriate Government or appropriate Commission or any of their officers authorized by them or a Chief Electrical Inspector or a Electrical Inspector or lice...


Sep 11 2007

United India Insurance Co. Ltd. Vs. Shamshad Bee and ors.

Court: Madhya Pradesh

Decided on: Sep-11-2007

Reported in: 2008ACJ2777

N.K. Mody, J.1. Being aggrieved by the award dated 29.8.2002 passed by M.A.C.T., Agar, District Shajapur, in Claim Case No. 36 of 2000, whereby in a claim petition filed by the respondent Nos. 1 to 4, on account of death of one Shokat Ali, learned Tribunal awarded a sum of Rs. 2,13,500, along with interest at the rate of 9 per cent per annum, the present appeal has been filed.2. Short facts of the case are that the respondent Nos. 1 to 4 filed a claim petition alleging that the deceased Shokat Ali was father of respondent Nos. 2 to 4 and husband of the respondent No. 1. It was alleged that on 24.4.2000 deceased was travelling in a tractor bearing registration No. MP 13-K 7058, as he was a member of a band party.3. It was alleged that the offending tractor was owned by respondent No. 6, driven by respondent No. 5 and insured with appellant. It was alleged that because of the rash and negligent driving of respondent No. 5 deceased Shokat Ali sustained injuries and was brought to Primary ...


Sep 10 2007

Veer Singh and ors. Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Sep-10-2007

Reported in: 2008(1)MPHT334

S.A. Naqvi, J.1. Appellants have preferred this appeal being aggrieved by impugned judgment dated 16-5-1997 passed by Additional Sessions Judge, Khurai, District Sagar in Session Trial No. 45/97, whereby appellant Veer Singh has been convicted under Sections 148, 302/149, IPC and sentenced to undergo one year R.I. and fine of Rs. 500/- in default R.I. for two months' and life imprisonment with fine of Rs. 1,000/- respectively, rest of the appellants were convicted under Sections 147 and 302/149, IPC and sentenced to undergo one year R.I. each and fine of Rs. 500/- in default R.I. for two months and life imprisonment with fine of Rs. 1,000/- each in default six months' R.I.2. Accused Makhan has been acquitted of charges under Sections 147, 148 and 302 read with Section 149, IPC. No appeal has been preferred by State against his acquittal.3. Prosecution case in short is that on 18-12-96 at 9.00 a.m. Harinarayan along with Sarman Yadav. took irrigation pump on the bank of river. He has to...


Sep 10 2007

Rai Singh and ors. Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Sep-10-2007

Reported in: 2008CriLJ3378

S.L. Kochar, J.1. The appellants have challenged their conviction Under Section 307 of the IPC and sentence of RI. for three years with tone of Rs. 500/- and one year R.I. Under Section 342 of the IPC, in default of payment fine, additional R.I. for three months, passed by Sessions Judge, Dewas in Sessions Trial No. 46/97, judgment dated 13-1-1999.2. The prosecution case in brief as unfolded before the Trial Court is that on 12-11-1996 in the evening at 6.15 a.m. in village Ohalya/Pipaliya complainant Makhan and his father Tolaram were in the field, at that time the appellants-Raisingh, Vikram and deceased-Nanuram reached over there. Raisingh and Vikram were having sword whereas Nanuram had lathi. They started abusing Tolaram and while saying to kill Tolaram, Raisingh and Vikram by sword and Nanuram by lathi assaulted him. When Makhan reached to save them, he too was assaulted by Vikram and Raisingh by sword. Wife of Tolaram, named Kasturibai was also assaulted by accused persons when ...


Sep 10 2007

Lajja Bai Vs. State of M.P. and ors.

Court: Madhya Pradesh

Decided on: Sep-10-2007

Reported in: AIR2008MP185

Abhay Gohil, J.1. The appellant, who is the former Sarpanch of Gram Panchayat, Sillarpur, Karera, District Shivpuri, has filed this Writ Appeal under Section 2 of the M.P. Ucchha Nyalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the order passed by the learned single Judge in W. P. No. 2175/06.2. The brief facts of the case are that the appellant is an elected Sarpanch. The election took place in the month of January, 2005. Thereafter, Up-Sarpanch Smt. Geeta Lodhi filed a complaint before the Collector that the appellant is having more than two children and the fifth child was borne on 17-3-2001 i.e. after 26-1-2001. On the basis of the aforesaid complaint, an enquiry was conducted by the Collector Shivpuri. The notice was given to the appellant. Reply of the notice was also taken on record and the evidence of witnesses was recorded. The Collector had also examined the Birth and Death Registration Register, which is being maintained by Gram Panchayat itself and after enquiry...


Sep 06 2007

Shambhusingh and ors. Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Sep-06-2007

Reported in: 2007(4)MPHT203

A.K. Gohil, J.1. This appeal is directed under Section 374, Cr.PC against the judgment dated 31 -8-1998 of conviction under Section 302 read with Section 149, IPC and sentence of life imprisonment and fine of Rs. 5,000/- and in default of payment of fine further six months SI passed by IInd Additional Sessions Judge, Guna in S.T. No. 356/97.2. Prosecution story in brief is that on 6-7-1998, deceased Samandar Singh along with his younger brother Raghu and Gangaprasad was going to his Village Bade Gaon from Guna. A day before he had brought his wife Smt. Rupkamal to Guna for treatment. He left his wife at her brother's house. In the way when he reached near his Badi at Village Fattukhedi, Shambhusingh and his sons Bhanwar Singh, Manoj Singh, Chhota Bana and his nephew Mahendra Singh, those who were hidden behind the bushes came out and started beating Samandar Singh. Shambhusingh caught hold Samandar Singh from behind and Mahendra assaulted by Farsa, Manoj Singh by ballam and Chhotta Ban...


Sep 06 2007

Aarti Arya Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-06-2007

Reported in: 2008(1)MPHT483

ORDERRakesh Saksena, J.1. Applicant has filed this petition under Section 482 of the Code of Criminal Procedure for quashing proceedings arising out of Crime No. 206/07 of Police Itarsi, now pending before the Judicial Magistrate First Class, Itarsi, as Criminal Case No. 496/06, for the offence under Section 306 of IPC.2. The facts as alleged by the prosecution are that petitioner who belonged to an upper caste family (Dubey) married to Mukesh Arya (deceased) who belonged to Scheduled Caste community in the year 2003. Their marriage was opposed by their family members. Deceased was working on the post of Civil Judge. At the relevant time, he was posted as Civil Judge at Itarsi. Petitioner's in-laws did not approve the marriage. A child was born out of the wedlock in the year 2004. Petitioner was well educated and wanted to appear in the examination for the post of Civil Judge to be held in the year 2007. For the purpose of taking coaching, she was temporarily residing at Bhopal with he...


Sep 06 2007

Ranchhod Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Sep-06-2007

Reported in: 2008(2)MPHT266

S.L. Kochar, J.1. All the aforesaid appeals are arising out of same judgment of conviction and sentence, hence the same are taken up together and dispose of by this common judgment.2. The appellants have filed these appeals, challenging their conviction under Section 395 read with Section 397 of the IPC, sentenced to undergo RI for seven years with fine of Rs. 5,000/- to each appellant, in default whereof to undergo RI for one year, passed by learned III Addl. Sessions Judge, Ujjain in S.T. No. 18/2004, judgment dated 23-8-2005.3. According to the prosecution case, on 22-8-2003 in the night at 10 p.m., complainant Ramsingh after taking night meal, was sleeping alongwith his family members inside the house. Some of his family members were sleeping outside the house. In the night at 1.30 a.m. he over heard the cry of his mother and nephew, at that time there was light of electric bulb. He saw that 8-10 persons having lathi and farsi were assaulting them and asking for ornaments. He gave ...


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