Madhya Pradesh Court July 2009 Judgments
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Vijay Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-07-2009
Reported in: 2009(4)MPHT306
S.L. Kochar, J.1. The appellants have preferred this appeal against the judgment dated 8-7-2001, passed by learned XIV Additional Sessions Judge, Indore, in S.T. No. 389/2000, whereby convicting each of them for the offence punishable under Section 302/34 of the IPC and sentenced them to suffer imprisonment for life with fine of Rs. 1,000/- each, and in default of payment of fine, each of them to undergo further RI of six months.2. According to the prosecution case as placed before the Trial Court is that on 10-10-2000, deceased Bablu @ Naresh was going with his brother Hitendra Kumar (P.W. 6) on scooter by the area known as 'Somnath Ki Nai Chal', towards his house. Deceased was driving Scooter No. MP 09-630 and his brother Hitendra was a pillion rider. When deceased and Hitendra reached near the house of appellant Vishnu Singh, the appellants were standing there and they stopped Naresh. Appellants asked as to how deceased came to their locality and started abusing in the name of mothe...
Shiv Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-07-2009
Reported in: 2009CriLJ4217
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 21-8-2001 passed by learned Fourth Additional Sessions Judge, Morena in Sessions Trial No. 306/1995 convicting the appellant No. 1 Shiv Singh under Section 304, Part I as well as under Section 326/34 of IPC and thereby sentencing him to suffer ten years' rigorous imprisonment and fine of Rs. 7,000/- and in default to suffer further one year's rigorous imprisonment under Section 304, Part-I of IPC and also sentencing him to suffer three years' rigorous imprisonment and fine of Rs. 3,000/- and in default to suffer further one year's rigorous imprisonment under Section 326/34 of IPC and further convicting the appellant No. 2-Narayan Singh under Sections 304, Part-I/34 and 326 of IPC and sentencing him to suffer five years' rigorous imprisonment and fine of Rs. 2,000/- and in default to suffer further six months' rigorous imprisonment and also sentencing him to five years' rigorous imprisonme...
Pawan Kumar JaIn Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jul-07-2009
Reported in: 2010(1)MPHT204
ORDERRajendra Menon, J.1. As common questions are involved in both these applications and as relief claimed are also for appointing an Arbitral Tribunal, they are being considered and decided by this common order.2. Applicants have invoked jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking referral of certain disputes to an Arbitral Tribunal. In MCC No. 1694/2007, petitioner was granted contract for construction of Jawahar Navodaya Vidyalaya, Badwara, District Katni vide Agreement No. 13/EE/JCD/2003-2004. Similarly, in Arbitration Case No. 34/2007, applicant was granted contract for construction of four number Type II, eight number Type III quarters; and, Principal's residence including installation of water supply and sanitary equipment at Jawahar Navodaya Vidyalaya, Badwara District vide Agreement No. 13/EE/JCD/2003-04.3. In the execution of these agreements certain dispute arose between the parties and, therefor...
S. Kumars Tyre Manufacturing Company Ltd. Vs. Commissioner of Income T ...
Court: Madhya Pradesh
Decided on: Jul-06-2009
Reported in: (2009)227CTR(MP)181
A.M. Sapre, J.1. This is an IT Reference made by Tribunal under Section 256(1) of IT Act, at. the instance of 'assessee' to this Court for answering following questions of law:1. Whether on the facts and in the circumstances of the case, the Tribunal was justified in declining to admit the additional ground regarding charging of interest under Section 234B of IT Act, 1961?2. Whether on the facts and in the circumstances of the case, the Tribunal was justified in concluding that compensation of Rs. 5,18,62,396 received by assessee constituted revenue receipt and is liable to be assessed as revenue receipt?3. Whether on the facts and in the circumstances of the case, the Tribunal was correct in holding that amount of Rs. 2,19,50,782 accrued to assessee in the asst. yr. 1992-93 and was rightly brought to tax in the said assessment year?4. Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the compensation amount of Rs. 5,18,02,396 could n...
Raman Kumar Vs. Bhawna (Smt.)
Court: Madhya Pradesh
Decided on: Jul-06-2009
Reported in: 2009(5)MPHT170
K.S. Chauhan, J.1. This appeal, under Section 28(1) of the Hindu Marriage Act, 1955 has been preferred by the appellant being aggrieved by the judgment and decree dated 30-10-2003 passed by the Additional Sessions Judge, Sohagpur, District Hoshangabad in Civil Suit No. 22-A/2000, whereby the divorce petition filed by the appellant has been dismissed.2. The facts of the case in short are that on 3-6-1998 the appellant and respondent entered into sacrament tie of wedlock according to Hindu rites and thereafter the respondent-wife was brought to matrimonial home. The time when consummation of marriage or cohabitation came, the respondent-wife turned into inaccessibility and refused to have sexual intercourse on the ground that the marriage was, in fact, solemnized against her volition and wishes by her parents. She was desirous to marry according to her own choice after completing her study. Therefore, she would not provide the appellant pleasure, love and affection of a married wife, hen...
Dr. Satish Menon Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-03-2009
Reported in: 2009(4)MPHT10
ORDERA.K. Patnaik, C.J.1. In this writ petition under Article 226 of the Constitution, we are called upon to decide the constitutional validity of the Madhya Pradesh Medical and Dental Post Graduate Course Hntrancc Examination Rules, 2(K)9 (for short 'the Rules, 2009') which provide that the one seat of Orthodontics in Post Graduate Dental Course allocated to the unreserved category will be filled up by female candidate in the year 2009.2. The petitioner after completing his Bachelor of Dental Surgery (BDS) Course and internship, appeared in the Post Graduate Entrance Test on 12-4-2009 conducted by the Madhya Pradesh Professional Examination Board and secured 162 marks out of 200 marks; and was placed in the merit list as number one. lie was. called for counselling and scrutiny of documents on 28-4-2009 and he expected that he will be allotted the seat of Orthodontics of MDS Course but was informed that the seat of Orthodontics of MDS Course had been allotted to Dr. Sapna Jain (respond...
State of M.P. Vs. Dr. Ramlakhan Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-02-2009
Reported in: 2009(5)MPHT332
ORDERBrij Mohan Gupta, J.1. All these three petitions are arising out of one common order, hence as agreed to by all the parties, they have been heard together and are being disposed of by this common order.2. The facts of the case of prosecution, as per the FIR are, that during intervening night of 5th and 6th August, 2001 at about 01.00 a.m., Ramlal Kaul, CJM Vidisha (hereinafter referred as 'the deceased') was admitted in District Hospital Vidisha. He was feeling severe pain in his chest. He was attended by his son Ravindra Kaul and Priyadarshan Sharma, JMFC. Accused Dr. Ramlakhan Singh was on duty, who attended the deceased. During treatment he put Oxygen mask on the face of the deceased. Immediately after putting the mask, deceased started feeling restlessness, which was reported by Ravindra Kaul to the doctor, on which Dr. Ramlakhan Singh checked the gas cylinder and found the same as empty. Immediately he removed the mask from the face. During that time, another doctor Bansal ca...
Mohd. Shamim and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-01-2009
Reported in: 2009(4)MPHT449
R.C. Mishra, J.1. The judgment dated 5-8-1994 passed by the Special Court [constituted under Section 12-A of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act')], at Bhopal is the subject-matter of challenge in this appeal. Accordingly, each one of the appellants and the co-accused namely Kamal Kumar Malviya and Mohd. Sharif (both since expired), was convicted, under Section 3 read with Section 8 of the Act, and sentenced to undergo R.I. for 6 months and to pay a fine of Rs. 200/- and, in default, to suffer S.I. for 1 month. They were found guilty of making an attempt to commit adulteration in respect of High Speed Diesel (for brevity 'the HSD'), which is a malpractice within the meaning of Rule 2 (e) of the Motor Spirit and High Speed Diesel (Prevention of Mal-practices in Supply and Distribution) Order, 1990 (for short 'the Order 1990'). By this judgment only, Mohd. Sharif and appellant Mohd. Shamim were acquitted of the offence punishable under Section 3 read ...
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