Madhya Pradesh Court April 2009 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Chandrika Prasad Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-30-2009
Reported in: 2009(3)MPHT188
K.S. Chauhan, J.1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the impugned judgment, finding and sentence dated 7-7-1999 passed by the Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Mandla in Special Case No. 61/1998, whereby the appellant has been convicted under Section 294 of IPC for fine of Rs. 500/-, in default of payment of fine, SI for two months, under Section 452 of IPC for one year's RI with fine of Rs. 1000/-, in default of payment of fine, SI for four months and under Section 323 of IPC for three months' RI. All the sentences are directed to run concurrently.2. The prosecution case in short is that on 28-2-1998 at about 6.00 p.m. when complainant Karorilal Jharia, Teacher in Education Department, resident of Niwas was at his house, appellant entered in his house, used filthy language, threatened and caused marpeet by lathi, on account of which he susta...
Laxminarayan Vs. Shivlal Gujar and ors.
Court: Madhya Pradesh
Decided on: Apr-30-2009
Reported in: 2009(5)MPHT62
1. The respondent No. 1 raised a preliminary objection that this appeal has been filed against the judgment and decree of Single Bench in First Appeal No. 50/96 Laxmi Narayan v. Shivlal Gujar and Ors. dated 19-6-2000, by which the judgment and decree passed by the 1st Additional Judge to the Court of District Judge, Hoshangabad at Harda in Civil Suit No. 13-A/1978, dated 8-1-1996 was partly modified, but in view of Madhya Pradesh Uchcha Nyayalay (Letters Patent Appeals Samapti) Adhiniyam, 1981 (29 of 1981), this appeal is not maintainable. He placed reliance to a judgment of the Apex Court in Jamshed N. Guzdar v. State of Maharashtra : Judgments Today 2005 (1) SC 370 : 2005(1) M.P.H.T. 497 (SC), a Full Bench judgment of this Court in Shashi Bai v. Revav Bai : 2007(4) M.P.H.T. 467 (FB) : 2008 (1) MPLJ 92, and submitted that this appeal may be dismissed.2. Shri Bhowmik, appearing for the appellant, submitted that against the order passed by this Court on 19-6-2000, the appellant preferre...
Ramlakhan Vs. Rambahadur
Court: Madhya Pradesh
Decided on: Apr-30-2009
Reported in: 2009(5)MPHT60
ORDERArun Mishra, J.1. The plaintiff/petitioner is assailing the order dated 26-2-2002, passed by First Civil Judge Class II, Panna, in C.S. No. 14-A/2001, by which the Trial Court has impounded the lease document and has ordered payment of stamp duty and penalty, consequently assailing the order the writ petition has been preferred.2. It is submitted by Shri Pranay Verma, learned Counsel appearing for petitioner that as per the exemption carved out under Article 35 of Schedule 1-A of Indian Stamp Act, 1899, an agricultural lease for a period of one year is exempt from the payment of stamp duty. The Trial Court has not correctly interpreted Article 35. It is specifically provided in Article 35 that when a definite term is expressed and such term does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees. In the instant case, the lease was only for the period of one year, thus the document could not have been impounded by the learned Trial Judge...
Jamna Prasad Son of Gendalal Kushwaha and Smt. Prem Bai Wife of Gendal ...
Court: Madhya Pradesh
Decided on: Apr-29-2009
Reported in: 2009(3)MPHT513
R.C. Mishra, J.1. This appeal arises from the judgment dated 6/12/1994 passed by Additional Sessions Judge, Harda in S.T. No. 182/93 whereby each one of the appellants was convicted under Section 304-B of the IPC and sentenced to undergo R.I. for 10 years.2. Prosecution case, in brief, may be stated as under:(i) Marriage of Maya Bai (since deceased) was solemnized with Jamna Prasad the appellant No. 1 (for short A1), the son of appellant No. 2 Prem Bai (hereinafter referred to as 'A2') in the year 1988. In the wedlock, they were blessed with a girl child named as Aarti, who also succumbed to the burn injuries sustained in the same transaction that led to untimely death of her mother. At the relevant point of time, they were residing in a house situated in Shukrawara Mohalla, Timarni.(ii) Ever since her marriage, Maya Bai had persistently been subjected to cruelty and harassment by both the appellants due to non-satisfaction of demand for a cash amount of Rs. 20,000/- in dowry. Ultimate...
Shrikant and anr. Vs. Praveen
Court: Madhya Pradesh
Decided on: Apr-29-2009
Reported in: 2009(4)MPHT385
ORDERN.K. Mody, J. 1. This order shall also govern the disposal of M.Cr.C. 901/09 and 902/09 as in all the petitions the parties are one and same and order under challenge is also one and same.2. Being aggrieved by the order dated 21-11 -2008 passed by III ASJ, Khargone in Cr. Rev. No. 50/2008 whereby the order dated 8-1-2008 passed by CJM, Khargone in Cr. Case No. 27/2008 whereby the cognizance was taken against the petitioners under Section 138 of the Negotiable Instruments Act (which shall be referred hereinafter as the 'N.I. Act'), the present petition has been filed.3. Short facts of the case are that respondent filed a complaint under Section 138 of the NI Act against M/s Krishna Finance Co. registered Partnership Firm having its office at M.G. Road, Khargone alleging that petitioners and five other persons are partners of the said firm. It was alleged that a cheque of Rs. 1 lac dated 15-6-2007 was issued by the firm which was signed by accused Kailashchand Mahajan and Dwarkadas....
Dr. Ashutosh Mishra Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-29-2009
Reported in: AIR2009MP222
Dipak Misra, J.1. The petitioner, a student of M.S. (General Surgery) of Netaji Subhash Chandra Bose Medical College which is an autonomous educational institution, had taken admission on 12-6-2006 by depositing the fee to the tune of Rs. 35.000/-. It is contended, that the State Government had framed a policy on 13-11-1989 laying a postulate that the children of the green card holders would be extended the benefit of exemption from fee in medical/engineering courses. The petitioner, as set forth, had applied for the benefit of exemption while prosecuting his study in the course of medical graduation. A circular, Ahnexure-P/5, dated 30-5-2003 was issued laying down the stipulation that the children of green card holders, who fall below the poverty line, prosecuting their studies in medical/engineering colleges, both Government and autonomous would be exempted from the tuition fee., The said circular was modified by the circular dated 28-10-2005 which deleted the prescription pertaining...
Chouradiya Trading Company Vs. Sushil Kumar
Court: Madhya Pradesh
Decided on: Apr-29-2009
Reported in: 2009(4)MPHT311
ORDERShubhada R. Waghmare, J. 1. By this revision petition under Section 397 read with Section 401 of the Cr.PC, Chouradiya Trading Company through its proprietor Ashok Kumar has challenged order dated 29-9-06 passed by the Additional Sessions Judge, Jaora, District Ratlam in Criminal Revision No. 102/06 dismissing the complaint of the petitioner complainant.2. Brief facts as alleged are that the complainant Chouradiya Trading Company as well as the respondent Sushil Kumar due to business had entered into an agreement dated 3-10-01 for transporting garlic valued at Rs. 1,10,500/-in regard to which the accused Sushil Kumar had given a cheque dated 21-3-02 drawn on Union Bank of India. When it was presented to the Bank for disbursement on 21-3-02 by the complainant, it was returned with the remark of 'insufficiency of funds' in the account and hence, the complainant sent legal notice to the accused respondent on 26-3-02 and due to non-compliance, offence under Section 138 of the Negotiab...
Krishi Upaj Mandi Samiti Vs. Chandra Shekhar Raghuvanshi and ors.
Court: Madhya Pradesh
Decided on: Apr-28-2009
Reported in: 2009(3)MPHT324
ORDERArun Mishra, J.1. Writ Petition and the Civil Revision have been preferred by Krishi Upaj Mandi Samiti, Banapura, Tehsil Seoni Malwa, District Hoshangabad (hereinafter referred to as 'the Samiti'). In Civil Revision No. 238/08 order passed by Civil Judge, Class-II, Seoni Malwa, District Hoshangabad in Civil Suit No. 43-A/05 on 29-2-08 has been assailed whereas in W.P. No. 17381/07 orders passed by the Trial Court and the Appellate Court in the matter of interim grant of injunction have been assailed by the Samiti. Both the cases have been listed before the Division Bench as per order passed by Hon'ble the Chief Justice on 21-1-2009. Consequently, civil revision is also heard by us.2. The facts in short giving rise to the instant suit indicates that Chandra Shekhar Raghuvanshi has filed a suit for declaration and injunction against the Samiti, Director of Mandi Board, Bhopal and State of M.P. through Collector, Hoshangabad and for setting aside resolution passed by the Samiti dated...
Nagar Palik Nigam Vs. Anand Mangal Guru and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2009
Reported in: 2009(3)MPHT330
ORDERArun Mishra, J.1. The writ petitions have been filed by Municipal Corporation, Sagar and by the workmen aggrieved by award dated 28-10-2005 passed by the Labour Court, Sagar in Case No. 94/01/IDR.2. Cases of workmen Anand Mangal Guru, Dev Kumar Choubey and Ajay Kumar Mishra were referred for adjudication to the Labour Court. Anand Mangal Guru was appointed as Health Inspector on 25-11-1997, Dev Kumar Choubey and Ajay Kumar Mishra were appointed as Safai Daroga w.e.f. 25-11-1997. They had rendered continuous services. They prayed for the relief of declaring them to be permanent employee and different of wages. It was claimed by them that they were employed as against the vacant posts but their services were not regularized.3. Municipal Corporation, Sagar in its reply contended that appointment was not made as per rules. Vacant posts were not available. Even if they had worked for more than 240 days in a calendar year, they are not entitled to be regularized in the services. The Lab...
indore Development Authority Vs. Shri Ram Builders and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2009
Reported in: AIR2009MP169
Dipak Misra, J.1. Questioning the defensibility and substantiality of the order dated 14-8-2007 passed by the learned single Judge in Writ Petition No. 14605/ 2006, the present intra-Court appeal has been preferred under Section 2(1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005. The writ appeal was heard by a Division Bench which referred to the facts in issue, the provisions contained in the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Act') especially Section 50 of the said enactment, the stand and stance taken by the contesting parties and the interveners, the view expressed by the learned single Judge and the interpretation placed by him on the proviso added to Sub-section (4) of Section 50 of the Act by the M.P. Nagar Tatha Gram Nivesh (Sansodhan) Adhiniyam, 2004 on 29-12-2004, the interpretation sought to be placed by the learned senior counsel appearing for the Indore Development Authority (in short 'the Authority') and the proponemen...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »