Madhya Pradesh Court April 2010 Judgments

State of Madhya Pradesh Vs. Paramlal and Three ors.

Court: Madhya Pradesh

Sushma Shrivastava, J.1. Appellant/State has preferred this appeal against the order of acquittal of the respondents under Section 147, 302/149 of IPC passed by 4th Additional Sessions Judge, Chhatarpur in S.T. No. 10/91 vide judgment dated 29.12.92.2. As per prosecution allegations, on 13.10.90 about 7:30 in the evening when deceased Nandkishore was returning back to his house at Tiwarin Purva alongwith his buffalo and reached near Athai (public platform), respondents armed with lathi intercepted him and began assaulting him by lathi. On hearing the screams of Nandkishore, his brother Chhotelal and other family members reached there and whooped as to why they were assaulting him, respondents then said that they would kill him and fled away after assaulting him. As a result of lathi blows on the head and other parts of the body, Nandkishore fell unconscious. He was then taken to his house by his brother Chhotelal, but Nandkishore did not regain consciousness. His brother Chhotelal then...

Ashok Tiwari Vs. Madhya Pradesh Text Book Corporation and anr.

Court: Madhya Pradesh

Reported in: 2010(2)MPHT469

ORDERRajendra Menon, J.1. While hearing the present writ petition pertaining to transfer of a 'daily rated employee', the Writ Court found that the principles laid down by a Division Bench of this Court, in the case of Udai Singh Yadav v. Depot Manager, MPSRTC 1994 (2) MPWN 50, warrants reconsideration due to reasons indicated in the order dated 23-7-2003 and, therefore, the following reference is made to this Bench. The questions requiring considering as indicated by the learned Single Judge are:(i) Whether a 'daily rated employee', who is not governed by any service rules, can be transferred from one place to another ?OR(ii) Whether his services are transferable ?OR(iii) In case of transfer, what emoluments will be available to him and whether on this ground, he is entitled to any protection under the Rules ?2. Facts, in brief, necessary for answering the aforesaid question indicates that the petitioner herein was employed in the M.P. Text Book Corporation, Bhopal as a 'daily rated e...

Nannu Sahu Son of Chhotelal @ Dhansingh Sahu Vs. State of Madhya Prade ...

Court: Madhya Pradesh

R.C. Mishra, J.1. This appeal has been preferred against the judgment-dated 27.11.2007 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), Jabalpur in Special Case No. 19/2007 whereby the appellant was convicted under Section 8 read with Section 20(b)(ii)(B) of the Act and sentenced to undergo R.I. for 7 years and to pay fine of Rs. 50,000/- and in default, to suffer R.I. for 2 years.2. Prosecution story, in short, is that on 25.03.2007 at about 2.30 p.m., N.R. Ghudawat (PW7), who was posted as Sub-Inspector at P.S. Omti, Jabalpur, received a credible information that the appellant, while carrying Ganja on a bicycle for the purpose of sale, was expected to arrive at the turn of St. Norbert School located near Bhanvartal Garden. After recording the corresponding information in the Rojnamcha and observing all other statutory formalities, he proceeded towards the spot along with other members of the police force and panch witnesses...

Jaychand Vs. Smt. Sushila Devi

Court: Madhya Pradesh

ORDERU.C. Maheshwari, J.1. This appeal is preferred by the appellant/defendant under Section 100 of the CPC being aggrieved by the judgment and decree dated 5.7.07 passed by District Judge, Katni in Civil Regular Appeal No. 18-A/05 affirming the judgment and decree dated 16.3.05 passed by Civil Judge Class II Katni in Civil Original Suit No. 10-A/2000 decreeing the suit of the respondent against him plaintiff for eviction on the grounds enumerated under Section 12(1)(a) and 12(1)(f) of the M.P. Accommodation Control Act, 1961 (in short 'the Act').2. The facts giving rise to this appeal in short are that respondent herein filed the suit for eviction against the appellant stating that the appellant, being his tenant @ Rs. 550/- per month, is in occupation of a shop described in the plaint and annexed map, situated in the township of district Katni for non-residential purposes. The appellant committed default in paying the rent and said accommodation was also required by her for the busin...

Hareram Kaurav Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Sushma Shrivastava, J.1. Appellant has preferred this appeal against the judgment dated 27.1.06 passed by Special Judge, Bhopal in Special Case No. 16/04 convicting him under Section 7 of Prevention of Corruption Act, 1988 and sentencing him to rigorous imprisonment for six months with fine of Rs. 2,000/-, in default further rigorous imprisonment for one month.2. As per prosecution case, at the relevant time appellant Hareram Kaurav was posted as Station Officer, Police Station Berasiya, District Bhopal, while co-accused Chhatrapal Singh was posted as Head Constable. It is alleged that on 26.5.03 about 8 'O'clock at night, when complainant Bhairolal went to Police Station Berasiya alongwith his younger brother Hariom to lodge a report against one Harprasad Sahu and others for assaulting his younger brother and beating his she-buffalo for entering his field, Station Officer Hareram Kaurav asked for a sum of rupees five thousand for writing the report and for shielding Hariom against the...

Rajesh Son of Hotilal Kaurav and Raju Selukar Son of Dhanraj Selukar V ...

Court: Madhya Pradesh

R.C. Mishra, J.1. These appeals are interlinked, as preferred against a common judgment-dated 24/1/1995 passed by Sessions Judge, Narsinghpur, in Special Case No. 12/94 whereby each one of the appellants namely Rajesh and Raju Selukar (hereinafter referred to as 'A1' and 'A2' respectively) was convicted and sentenced as under -Convicted under SectionSentencedto366 of the IPCundergo R.I. for 5 years andto pay a fine ofRs. 500/- and in default, to sufferR.I. for 1 month.376 of the IPCundergo R.I. for 7 years andto pay a fine ofRs. 500/- and in default, to sufferR.I. for 1 months.2. Prosecution story, in short, may be narrated thus -(i) At the relevant point of time, the prosecutrix (PW3), a girl aged about 15 years and a member of Scheduled Tribe, was residing with her parents at Gadarwara. On 28/8/93 at about 5 p.m., finding that the prosecutrix was in the company of her younger sisters namely Sheelu and Gayatri only, A2, after putting her in fear of death by brandishing a knife, asked ...