Madhya Pradesh Court July 2009 Judgments
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Hemraj JaIn and Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-22-2009
Reported in: 2009(5)MPHT49
Rakesh Saksena, J.1. This judgment shall govern disposal of both the above appeals, as both the appeals arise out of the common judgment passed by the Trial Court.2. Appellants have filed these appeals against the judgment dated 9th December, 2002, passed by Additional Sessions Judge, Ashta District Sehore, in Sessions Trial No. 101/2000, convicting them under Section 304 of the Indian Penal Code.3. Appellant Hemraj has been sentenced to Rigorous Imprisonment for ten years with fine of Rs. 2 lakhs and appellant Pannalal has been sentenced to Rigorous Imprisonment for two years with fine of Rs. 2 lakhs, with default stipulation. It has further been directed that on amount of fine being deposited, an amount of Rs. 4 lakhs shall be paid to heirs of deceased as compensation.4. In short, the prosecution case is that on 18-1-2000 appellant Hemraj was working as Lineman and appellant Pannalal was working as Line Helper in the M.P. Electricity Board and were posted at Sub Station Siddikganj. A...
Kedarnath Sharma and Lajjaram Pandey Vs. State of Madhya Pradesh and o ...
Court: Madhya Pradesh
Decided on: Jul-22-2009
Reported in: 2010(1)MPHT284
ORDERS.C. Sharma, J.1. Regard being had to the similitude of the controversy involved in the aforesaid writ petitions, they were heard analogously together and disposed of by this singular order. For the sake of convenience, the facts in the case of W.P. No. 702/2007 (S) have been dealt with.2. The petitioner before this Court who is a practising Advocate has filed this present writ petition being aggrieved by the appointment of respondent No. 5, Munna Lal Dhakad and No. 6, Shyam Sunder Goyanar as notaries under the Notaries Act, 1952, read with the Notaries Rules, 1956 for the area of Kailaras, District Morena by an order dated 22nd December, 2006 (Annexure P-11) and 4th January, 2007 (Annexure P-12) respectively. The contention of the petitioner is that in the year 2007, a notification was issued by the State Government on 30th May, 1997 (Annexure P-2) inviting the applications for appointment of notaries in respect of Kailaras area, District Morena and the petitioner being a permane...
Dhammu Choudhary Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-21-2009
Reported in: 2009(4)MPHT271
Rakesh Saksena, J.1. Appellant has filed this appeal against the judgment dated 21-6-2000 passed by Sessions Judge, Jabalpur in Sessions Trial No. 268/99 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.2. In short the prosecution case is that Goura Bai (deceased) was the neighbour of Dhammu Choudhary. There had been some dispute between them as Goura Bai used to dig earth from the pond situated in front of house of Dhammu Choudhary. This was objected by Dhammu Choudhary. Relations between them were therefore strained. About 8-10 days before the occurrence, sons of appellant ate away the plums of Goura Bai whereupon there occurred a quarrel and Dhammu and his wife abused and intimidated Goura Bai that they would set her on fire. It is said that on 14-3-1999 at about 5 o'clock in the morning when Goura Bai went to urinate in her 'Badi', Dhammu Choudhary suddenly poured kerosene over her and ignited her by throwing a burning ...
Hariram Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-21-2009
Reported in: 2009(5)MPHT298
Rakesh Saksena, J.1. Appellant has filed this appeal against the judgment dated 29-7-2000, passed by the Second Additional Sessions Judge, Seoni, in Sessions Trial No. 77/1999, convicting him under Section 302 read with Section 34 of the Indian Penal Code and sentencing him to imprisonment for life.2. In short, the prosecution case is that on 1-6-1996 appellant and co-accused Radheshyam took lift in Truck Number U.P.-77-5811, which was being driven by Kedarnath Shukla. Ashok (deceased) was the second driver. Accused Hariram stretched his leg outside the window of the running truck, which was objected by Ashok. On this, there occurred an altercation between them. At Metewani Dhaba, truck was parked and all the persons alighted from the truck. When Ashok went to drink water, accused Hariram inflicted a blow on him by means of a bamboo stick. Accused Radheshyam gave fist blows to him. Ashok suffered injuries on his head and other parts of body. Kedarnath took Ashok to Police Station Kurai...
Mohanlal Gupta Vs. Radheshyam Gupta and anr.
Court: Madhya Pradesh
Decided on: Jul-17-2009
Reported in: 2010(1)MPHT190
ORDERU.C. Maheshwari, J.1. This appeal is directed by the appellant/defendant under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 4-7-2006 passed in Civil Appeal No. 39-A/06 passed by II Addl. District Judge (Fast Track Court), Maihar District Satna, affirming the judgment and decree dated 29-9-2005 passed in Civil Suit No. 17-A/05 by the Civil Judge, Class II, Amarpatan.2. The facts giving rise to this appeal in short are that respondent No. 1 and his mother Smt. Sunder Bai (respondent No. 2 since deceased) the predecessor in title of respondent Nos. 2(a) to 2(f), filed the suit for eviction of the appellant from non-residential accommodation situated in the town of Amarpatan, on the grounds available under Section 12(1)(a), 12(1)(f) and 12(1)(c) of the M.P. Accommodation Control Act, 1961 (in short 'the Act'), the arrears of rent, bonafide genuine requirement for the business of the respondent for which he had no alternate accommodation i...
Karuna Chaturvedi (Smt.) and ors. Vs. Sarojini Agarwal (Smt.) and ors.
Court: Madhya Pradesh
Decided on: Jul-16-2009
Reported in: 2009(4)MPHT442
K.K. Lahoti, J.1. This appeal is directed against the order dated 3-8-2004 in Civil Suit No. 1-A/2003 by which the suit filed by Prakash Nath Chaturvedi, the predecessor of the appellants, was dismissed by the Trial Court on the ground that the plaintiff was precluded from filing such suit under Order 9 Rule 9, Code of Civil Procedure (hereinafter referred to as 'the Code').2. The learned Counsel for the appellants submitted that:(a) The cause of action for filing earlier suit was an order passed by the Tehsildar in mutation proceedings, while the cause of action for filing present suit arose on 17/18-7-2001 when the defendant Nos. 1,2 and 3 executed a registered sale deed in favour of defendant No. 4. Because of this execution of the sale deed in favour of respondent No. 4, a fresh cause of action arose to the plaintiff for filing present suit. In these circumstances, the provision of Order 9 Rule 9 of the Code were not applicable, the Trial Court erred in dismissing the suit filed by...
Firoz Khan Vs. the Secretary, Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Jul-15-2009
Reported in: 2009(4)MPHT277
ORDERA.K. Patnaik, C.J.1. This batch of writ petitions relates to eligibility of students who have passed the High School Certificate Examination (Class X) conducted by the Madhya Pradesh State Open School, Bhopal in December, 2007 to appear in the Higher Secondary Examination of the Board of Secondary Education in March, 2009.2. W.P. No. 270/2009, W.P. No. 1521/2009, W.P. No. 1881/2009, W.P. No. 1945/2009, W.P. No. 2423/2009, W.P. No. 2438/2009, W.P. No. 2448/2009 and W.P. No. 2644/2009 are writ petitions filed by students who have passed the High School Certificate Examination conducted by the Madhya Pradesh State Open School, Bhopal in December, 2007 and W.P. No. 1705/2009 is a Public Interest Litigation filed on behalf of the students. After the results of the High School Certificate Examination conducted by Madhya Pradesh State Open School, Bhopal were published on 14-4-2008, these students submitted applications to the Madhya Pradesh Board of Secondary Education (for short 'the B...
Devmata Educational and Welfare Association Samiti and Vs. State of M. ...
Court: Madhya Pradesh
Decided on: Jul-15-2009
Reported in: 2009(5)MPHT13
ORDERA.K. Patnaik, C.J.1. These two writ petitions relates to enrolment of the 31 students of St. Joseph School (English Medium) at Birsinghpur Pali, District Umaria (for short 'the School') for Class X Examination of the Madhya Pradesh Board of Secondary Education (for short 'the Board') and to their entitlement to appear in Class X Examinations of the Board in March, 2009. While W.P. No. 14783/2008 has been filed by Devmata Educational & Welfare Association Samiti, which runs the school, W.P. No. 12/2009 has been filed by father of a student of the school who wanted to take the Class X Examinations in March, 2009 conducted by the Board.2. The relevant facts briefly are that the Board granted permission to the school for the academic session 2007-08 to start Class IX. The School which already had students in Class I to Class VIII admitted 31 students in Class IX in July, 2007 but did not send the list of the 31 students admitted in the Class IX to the Board by 31st August, 2007. The S...
Kailash Patel Vs. Surendra Prasad Modi and ors.
Court: Madhya Pradesh
Decided on: Jul-09-2009
Reported in: 2009(4)MPHT207
ORDER1. Heard.2. Appellate order dated 14-12-2005 passed in C.A. No. 70-A/05 has been assailed by way of filing this petition. The said appeal was preferred as against decision of the Authorised Officer rendered under Section 39 of the M.P. Accommodation Control Act with respect to house in question which was allotted to Kailash Patel and possession was also ordered to be handed over. Aggrieved thereby the appeal was preferred, which has been allowed, case has been remanded to the Rent Controlling Authority, Jabalpur, aggrieved thereby the instant writ petition has been preferred.3. Shri Ramesh Shrivastava, learned Counsel appearing for the petitioner has assailed the order on the short ground that order was passed by the Authorised Officer allotting the accommodation to Kailash Patel, it was an order passed by Authorized Officer under Section 39(2) of M.P. Accommodation Control Act, it was not an order passed by the Rent Controlling Authority. There is a difference between Rent Contro...
Shiv Charan Alias Shweta and 2 ors. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-07-2009
Reported in: 2009(4)MPHT140
S.A. Naqvi, J.1. Challenge is to the judgment dated 19.05.2005 passed by Sessions Judge, Panna in S.T. No. 42/2004 whereby the appellants No. 1 Shiv Charan alias Shweta, No. 2 Mohan Singh and No. 3 Vijay Singh have been convicted under Section 304 Part 2 read with Section 34 of IPC and sentenced to undergo 10 years rigorous imprisonment and fined Rs. 15,000/-each in default 2 year rigorous imprisonment respectively. 2. The case of prosecution in a nut shell is that on 18.11.2003 in the night complainant Arjun Singh (PW 6) and Gopal Singh (hereinafter referred to 'deceased') went to sleep in 'khalihan' at night. They were sleeping there. In the mid night, Arjun Singh heard shout of the deceased. He saw that appellants were armed with lathis and Ballam and co-accused Mahendra Singh was also armed with lathi. They were beating his brother Gopal Singh. They also assaulted to the complainant. Shiv Charan alias Shweta was armed with Barchhi and other persons were armed with lathis. Arjun Sin...
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