Madhya Pradesh Court August 2009 Judgments
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Ram Vishal @ Vishali Kachhwaha Vs. Dwarka Prasad Jaiswal
Court: Madhya Pradesh
Decided on: Aug-17-2009
Reported in: 2009(5)MPHT44
ORDERU.C. Maheshwari, J.1. The appellant/defendant, being aggrieved by the judgment and decree dated 31-10-06 passed by II Addl. District Judge (Fast Track), Katni in Civil Regular Appeal No. 41-A/06, affirming the judgment and decree dated 17-7-06 passed by II Civil Judge Class II, Katni in Civil Original Suit No. 12-A/2000, decreeing the suit of the respondent for eviction against him, has filed this appeal.2. The facts giving rise to this appeal in short are that the respondent herein filed the suit for eviction against the appellant/defendant with respect of tenanted premises, the part of House No. 278 described in the plaint and the annexed map, situated in Subhash Ward, Katni. As per averments of the plaint, such suit was filed on the grounds available under Sections 12(1)(a), 12(1)(c), 12 (1)(e) and 12 (1)(h) of the M.P. Accommodation Control Act (hereinafter referred to as 'the Act'), the arrears of rent, disclaimer of title, bonafide genuine requirement of the disputed accommo...
Shanti Bai and ors. Vs. Haiman Bai (Smt.) (Dead) and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2009
Reported in: 2009(5)MPHT102
A.K. Shrivastava, J.1. The defendants have knocked the doors of this Court by filing an appeal under Section 100 of CPC assailing the judgment and decree passed by the learned Second Additional District Judge, Guna in Civil Appeal No. 11 -A/1997 whereby the suit of plaintiffs/respondents has been decreed and the judgment and decree passed by learned Trial Court dismissing the suit of plaintiffs has been reversed and set aside.2. In brief the suit of plaintiff is that the original plaintiffs were Mustafa Khan, Hatim Khan, Jumman Khan and Waheed Khan. The original defendants are Shanti Bai, Prem Narayan, Bhujbal and Haricharan. Mustafa Khan, Hatim Khan and Jumman Khan are the sons of Shakkar Khan (Shakur Khan). Rustam Khan was also the son Shakur Khan. In brief the suit of plaintiffs is that they are the Bhoomiswami of the agricultural land which is the subject matter of the suit. According to the plaintiffs their father Shakur Khan was in the service of military and was a T.B. patient a...
Ravindra Singh Sikarwar and Etc. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2009
Reported in: 2009CriLJ4544; 2010(1)MPHT158
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. 1801/2009 have been dealt with.2. The petitioner before this Court has filed this present writ petition being aggrieved by an order of externment dated 06th November, 2008 (Annexure P/2) passed by the District Magistrate, Morena and is also aggrieved by the dismissal of the appeal by an order dated 25th March, 2009 by the Commissioner, Chambal Division, Morena (Annexure P/1). The contention of the petitioner is that he belongs to a family having a political background and the father of the petitioner is holding the post of Sarpanch for the last 40 years and he was elected as the President, Co-operative Society Sikronda, Jaura, District Morena. The petitioner has further stated that a show cause notice was issued to him on 3rd Decem...
Omprakash and anr. Vs. Dharma Bai and anr.
Court: Madhya Pradesh
Decided on: Aug-12-2009
Reported in: 2009(5)MPHT96
Abhay M. Naik, J.1. This appeal has been preferred against the judgment dated 10-2-2000 passed by the Court of First Additional District Judge, Guna in Civil Appeal No. 28-A/1998.2. Facts relevant for the purpose of this appeal are that plaintiff/respondent No. 1 instituted a suit for specific performance and perpetual injunction, mainly with the allegations that defendant/appellant No. 1 was recorded Bhumiswami of the land comprised in Survey No. 170/1/2 in area 0.490 hectare situated in Village Dhanankhedi, Tehsil and District Guna. On mediation of Jalam Singh, father of defendant/appellant No. 1, appellant No. 2 entered into an agreement of sale in favour of plaintiff in respect of the suit land for a consideration of Rs. 10,000/-. Initially, agreement was oral and possession was delivered to the plaintiff pursuant thereto. On 16-12-1994, an agreement was reduced into writing and entire consideration was received by the appellant No. 2 in cash. Plaintiff was short of expenses of reg...
Shushil Kumar Khatri Vs. Sartaj Singh
Court: Madhya Pradesh
Decided on: Aug-11-2009
Reported in: 2009(4)MPHT399
ORDERR.C. Mishra, J. 1. This order shall govern disposal of LA. No. 49/2009 that is an application, under Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') read with Order VII Rule 11 of the Code of Civil Procedure (for brevity 'the Code'), for rejection of the election petition inter alia on the ground of non-disclosure of cause of action or a triable issue.2. In this petition, election of the respondent to M.P. Legislative Assembly Constituency No. 136 Seoni-Malwa has been challenged solely on the ground of corrupt practices. In the election, the petitioner was in the fray as an independent candidate whereas the respondent was the official candidate of Bhartiya Janta Party, the then ruling political party in the State.3. The prayer for rejection of the petition even without entering into a full-dress trial has been made on the following grounds:(i) The petitioner has failed to comply with the mandatory requirement of Section 81(3) of the ...
Ajeeta Khedle (Smt.) Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Aug-11-2009
Reported in: 2010(1)MPHT177
ORDERDipak Misra, J.1. Regard being had to the similitude of the issue involved in these two writ appeals, they were heard analogously and are decided by this singular order. Be it noted, the order dated 15-5-2009 passed by the learned Single Judge whereby he has dismissed the two writ petitions is under assail in these writ appeals.2. The facts which were exposited before the learned Single Judge are that the petitioners who are the daughters of one B.L. Khedle being resident of Sehore and 'dhobi' by caste are the members of Scheduled Caste as per Entry 22 of the Constitution (Scheduled Caste) Order, 1950. The petitioner in Writ Petition No. 15108/2007 had obtained a temporary/provisional caste certificate and got admission in College of Agriculture Engineering Jawaharlal Nehru Kendra Vishwa Vidyalaya as a Scheduled Caste candidate. Subsequent to her admission, the College Authority demanded the permanent caste certificate. Being apprehended, she approached this Court in Writ Petition...
Parwati Bai Vs. Kriparam and ors.
Court: Madhya Pradesh
Decided on: Aug-07-2009
Reported in: 2009(5)MPHT243
ORDERAbhay M. Naik, J.1. Briefly stated facts relevant for the purposes of this writ petition are that the suit property earlier belonged to one Ramnath. Ramnath had a son, namely, Rameshwar Dayal and a daughter Parwati Bai. Rameshwar Dayal had three sons and two daughters. Kriparam is one of his children. According to Parwati Bai, after the death of Ramnath name of Rameshwar Dayal alone was entered in the revenue record in respect of the entire property left by Ramnath. After the death of Rameshwar Dayal, Kriparam sold 1/3rd share vide registered sale deed dated 10-9-03 to Raju Singh Bhadoriya (respondent No. 2).2. In the back drop of the aforesaid events, Parwati Bai instituted a suit bearing No. 6-A/04 (New No. 63-A/08) with an allegation that she had half share in the property and Kriparam could not have sold l/3rd. This apart, it was stated that there being no partition, Kriparam was not competent to execute registered sale deed in favour of Raju Singh Bhadoriya. Accordingly, a su...
Bhanwar Singh and Salim and anr. Vs. Narcotics Control Bureau
Court: Madhya Pradesh
Decided on: Aug-07-2009
Reported in: 2010(1)MPHT320
S.I. Kochar, J.1. Since both the aforesaid appeals arise out of one and the same judgment, therefore, they are being decided by his common judgment.2. The appellants have preferred this appeal under Section 374 of the Cr.PC against the judgment dated 31-10-95 passed by learned Sixth Addl. Sessions Judge, Ujjain in Sessions Trial No. 202/93, whereby all the three appellants have been convicted under Section 29 of the Narcotic Drugs and Psychotropic Substances Act (for short hereinafter referred to as 'the Act') and each is sentenced to under go R.I. for ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to suffer additional R.I. for one year and appellant Salim is also convicted under Section 21 of the Act and is further sentenced to suffer R.I. for ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to suffer additional R.I. for one year. All the substantive jail sentences have been directed to run concurrently.3. Briefly stated, the p...
Badri Nath Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-06-2009
Reported in: 2009(5)MPHT148
ORDERR.S. Jha, J.1. The petitioner has filed this petition being aggrieved by communication dated 17-2-2005 whereby the petitioner has been informed that he is not entitled to any sum of money as compensation under the National Family Scheme on account of the death of his son which occurred due to drowning.2. The brief facts leading to the filing of the petition, according to the petitioner, are that the petitioner's son Santosh who used to live with his maternal grandmother in Village Umaria Isha in District Chhindwara, died on account of drowning in the Mayur Jalashay in the forest area of Village Umariya Isha on 31-8-2004. The body was picked up and after post-mortem it was found that the son of the petitioner died by drowning. The petitioner applied for compensation on account of the death of his son on 28-9-2004 before the Sub Divisional Officer and his application claiming compensation was considered by the Collector, Chhindwara. On 29-1-2005 the petitioner's application claiming...
Shrilal Ojha Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-06-2009
Reported in: 2009(5)MPHT249
A.K. Shrivastava, J.1. This appeal has been filed by appellant from jail. The appeal was listed for hearing on 3-8-2009. Since it is barred by time by 2055 days, an application under Section 5 of the Indian Limitation Act has been sent by the appellant from jail for condoning the delay in filing the appeal. This Court on 3-8-2009 directed the learned Counsel for the parties that appeal will be heard on the application condoning the delay (I.A. No. 6730/2009) as well as on merit, eventually, this appeal has been listed today. We have heard learned Counsel for the parties on I.A. No. 6730/2009 and in the order-sheet for the reasons assigned therein we have already condoned the delay in filing the appeal. At the request of learned Counsel for the parties we have heard them on merit of the case.2. Feeling aggrieved by the judgment of conviction and order of sentence dated 9-7-2002 passed by learned Sessions Judge, Guna in Sessions Trial No. 70/2002 convicting the appellant under Section 30...
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