Madhya Pradesh Court March 2009 Judgments
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Pooran Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-16-2009
Reported in: AIR2009MP153; 2009CriLJ3073; 2009(2)MPHT435
Ajit Singh, J.1. By this letter, which has been registered as writ petition, the petitioner has prayed for a direction against the State Government to pay him compensation for his illegal detention of almost five years in jail.2. Since the petitioner was not assisted by any lawyer, we thought it proper to appoint Shri P.K. Kaurav as Amicus Curiae who willingly agreed to provide all possible legal assistance in the matter.3. The facts in short are these. The petitioner is a villager. He lives in Village Shrinagin-Umaria in District Narsinghpur. His trouble started from 25-5-2000 when the Police of Narsinghpur police station searched him at Itwara market on information that he was involved in drug peddling. During search the police recovered 150 grams of opium from his possession. Me was, therefore, arrested on that day itself and after investigation put to trial in the Court of Special Judge, Narsinghpur, vide Special Case No. 6/2000. The Special Judge by his judgment dated 15-9-2000 he...
Kumari Lalita Jharia and anr. Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-16-2009
Reported in: 2009(3)MPHT109
ORDERDipak Misra, J.1. In this intra-Court appeal preferred under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the legal acceptability and sustainability of the order dated 19-12-2008 passed by the learned Single Judge in W.P. No. 11406 of 2008 is called in question.2. The facts which are imperative to be stated are that the appellants are prosecuting their studies in Management and BHMS W courses respectively. They were residing in the Scheduled Tribes Girls Hostel, Wright Town, Jabalpur since 2005. They had a clean record and in fact were intolerant of some activities going on in the hostel which compelled them to submit a complaint to the authorities on which no action was taken. After expiry of one month, the second respondent, the Additional Commissioner, Tribal Development, Jabalpur passed an order on 24-8-2008 expelling the appellants from the hostel. The said order mentioned that it was passed on the basis of the directions issued by th...
Shanker Manchani and anr. Vs. S.D. Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-16-2009
Reported in: AIR2009MP136
A.K. Patnaik, C.J.1. This is an appeal under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908 (for short 'the CPC') against the order dated 16th January, 2009, passed by the learned 3rd Additional District Judge, Jabalpur, in Civil Suit No. 27-A/2008 allowing the application of the plaintiffs/respondents Nos. 1 and 2 under Order 39, Rules 1 & 2 of the CPC.2. The facts very briefly are that that respondent No. 3/defendant is a Public Trust registered under the Bombay Public Trusts Act, 1950 (for short 'the Bombay Act') and owns 1.115 acres of land situated in Mauja Gorakhpur, Patwari Halka No. 2472 and Khasra No. 721. The land has been sold on 23-10-2007 to the appellants Nos. 1 and 2/defendants. The respondent Nos. 1 and 2/plaintiffs filed Civil Suit No. 27-A/2008 in the Court of the 3rd Additional District Judge, Jabalpur for inter alia a declaration that the sale was void and for permanent injunction. Along with the suit, the respondent Nos. 1 and 2 also filed an application ...
Sambhudayal Vs. the New India Insurance Company Ltd. and ors.
Court: Madhya Pradesh
Decided on: Mar-16-2009
Reported in: AIR2009MP270
ORDERAbhay M. Naik, J.1. Short facts involved herein are that the offending tanker driven by respondent No. 2 and owned by the present appellant was being taken reverse at 8.00 a.m. on 9-3-1998 when the deceased Sona aged about 1 1/2 years was hit by it. She died on the spot. Tanker was insured with respondent No. 1 /Company. A claim petition was submitted which vide impugned award dated 8-3-1999 passed in Claim Case No. 57/98 by the 1 Addl. MACT, Sagar was allowed to the tune of Rs. 52,000/- with interest @ 12% per annum. Payment was to be made within 30 days and in case of failure interest was made payable @ 15% per annum. However, the Insurance Company was exonerated on the ground that the respondent No. 2 was not having a valid driving licence at the time of occurrence of the accident.2. Learned Counsel for the appellant submitted that respondent No. 2 was having a valid driving licence when he was employed by the appellant. In the light of this it is contended that the exoneration...
Jitendra Singh and anr. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-13-2009
Reported in: 2009(2)MPHT479
ORDERA.K. Patnaik, C.J.1. The petitioners have filed this writ petition under Article 226 of the Constitution of India for declaring the provisions of Sections 10 and 24A of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Act of 1957') and Rules 22 and 26 and Form 'K' prescribed under Rule 31 of the Mineral Concession Rules, 1960 (for short 'the Rules of 1960') made thereunder as ultra vires the Constitution of India and for quashing the order dated 8-12-2006 of the State Government of Madhya Pradesh in the Mineral Resources Department granting mining lease of the land of the petitioners in favour of the respondent No. 4 as well as the lease agreement dated 15-1-2007 executed between the State Government of Madhya Pradesh and the respondent No. 4 pursuant to the order dated 8-12-2006 of the State Government.2. The relevant facts briefly are that the petitioner No. 1 is the recorded Bhumiswami of land in khasra Nos. 56, 57, 354, 369, 370, 371, 372, 374 and ...
State of Madhya Pradesh Vs. Virendra Alias Gunga
Court: Madhya Pradesh
Decided on: Mar-05-2009
Reported in: 2009CriLJ2305
A.K. Shrivastava, J.1. This judgment shall also govern the disposal of connected Criminal Appeal No. 716 of 2008 (Babulal v. State of M.P.), filed on behalf of appellant Babulal.2. This reference has been referred by learned trial Court to this Court under Section 318 of the Code of Criminal Procedure, 1973. The learned trial Court by impugned judgment dated 2-9-2008 has found accused Virendra to be guilty for the offence punishable under Section 302/34 of IPC and the case has been referred to this Court to pass-necessary order.3. Co-accused Babulal has filed a separate appeal (Cr.A No. 716/08) assailing the judgment of conviction and order of sentence passed against him by learned Ilnd Additional Sessions Judge, Dabra in S.T. No. 230/06 convicting him under Section 302/34 of IPC, thereby sentencing him to suffer life imprisonment and fine of Rs. 500/-. Since both the matters have arisen from a common judgment, hence, they are being disposed of by this common judgment.4. In brief the c...
State of M.P. Vs. Munshilal and anr.
Court: Madhya Pradesh
Decided on: Mar-03-2009
Reported in: 2009CriLJ2476; 2009(2)MPHT313
A.K. Shrivastava, J.1. The judgment of absolvitur passed by learned Trial Court acquitting respondents from charge punishable under Section 302 of IPC, the State of Madhya Pradesh after obtaining leave to file appeal has filed this appeal.2. In brief the case of the prosecution is that Urmila Bai (hereinafter referred to as 'the deceased') alongwith her husband Hariram was residing at Tyonda Road at Basoda. The respondents were also residing with their son Hariram and the deceased. As per the case of the prosecution, the respondents were maltreating the deceased. On 24-6-1994 the deceased was in her house, at that juncture, respondents after pouring kerosene, set her on fire. It is said that the deceased was brought in the hospital in injured condition at 4 p.m. by her husband Hariram, Ramkamal Singh and Amrit Singh where she was examined by Dr. Pradeep Jain who also informed to police. The Investigating Agency managed to get the dying declaration of the deceased recorded by Tehsildar ...
Sanjiv Mohan Gupta and anr. Vs. Jagran Publications P. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Mar-03-2009
Reported in: [2009]152CompCas1(MP)
K.K. Lahoti, J.1. This is an appeal under Section 10F of the Companies Act, 1956, by which two orders passed by the Company Law Board, Principal Bench, New Delhi dated February 16, 2009, annexure MA/10 and dated February 23, 2009, annexure MA/13 are challenged by the appellants.2. It would be appropriate if the three orders, which are relevant, are referred for convenience.3. Order dated February 10, 2009, annexure MA/13 reads as under:Application mentioned. Reply to be filed by February 20, 2009. The application will be heard on February 23, 2009, at 10.30 a.m. The applicant to serve a copy of the order on all the parties along with a copy of the application immediately. Notwithstanding anything contained in the articles, majority decision will prevail on any matter if any board meeting is held till February 23, 2009.4. Order dated February 16, 2009, annexure MA/10 reads as under:Application C.A. No. 72 of 2009 mentioned. Considering the fact that my order dated February 10, 2009, was...
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