Madhya Pradesh Court June 2010 Judgments
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M/S. S.K.Jain. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh
Decided on: Jun-29-2010
1. This revision applicant under Section 397/401 of the Code of Criminal Procedure, 1973 read with Section 19 of the Family Court Act has been filed by the applicant/wife against the order dated 22/10/2009 passed in M.J.C. No.66/2009 by the Presiding Officer, Family Court, Sagar whereby learned Family Court has refused to grant arrears of maintenance amount @ Rs. 5,000/- per month to the applicant for the period commencing from 7/10/2006 to 17/3/2009.2. Brief facts of the case are that against the order dated 7/10/206 passed by Family Court, Sagar in MJC No.39/2006 by which an application for grant of maintenance filed by the applicant under Section 125, Cr.P.C.has been partly allowed and learned Family Court granted maintenance to the applicant at the rate of Rs.5,00/- per month and Rs.300/- as expenses of the proceedings.3. On 11/11/2006 when the matter was listed for hearing on I.a. No.1039/2007, this Court directed that non-applicant shall pay Rs.2,500/- per month to the applicant ...
Ramagya Pandey, and ors. Vs. the Union of India, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-29-2010
1- As questions involved in these petitions are similar and as the reliefs claimed are also identical, both the writ petitions are being decided by this common order. For the sake of convenience, documents and material available in the paper book filed in Writ Petition No.3789/2000 are referred to in the order.2- Originally when W.P.No.3789/2000 was filed, there were 125 petitioners. However, during the pendency of the petition most of the petitioners have withdrawn and have stated that they are not interested in the lis. Accordingly, W.P.No.3789/2000 is presently pursued only by the following petitioners - No.1 Shri G.V.S. Shastri; No.27 Mrs. Rani Shrivastava; No.72 Shri Dinesh Kumar Sharma; No.102 Ms. Zafar Nazish Fatma; No.111 Mr. Mudgal Harish Kumar; No.122 Shri Shakti Sharan Shrivastava; and, No.124 Shri Indra Bahadur Singh Baghel, i.e.. only seven petitioners are indicated hereinabove are pursuing W.P.No.3789/2000 and this order shall be applicable only to these seven petitioners...
Mr. G.V.S. Shastri, and ors. Vs. M.P. State Electronics Development.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-29-2010
1- As questions involved in these petitions are similar and as the reliefs claimed are also identical, both the writ petitions are being decided by this common order. For the sake of convenience, documents and material available in the paper book filed in Writ Petition No.3789/2000 are referred to in the order.2- Originally when W.P.No.3789/2000 was filed, there were 125 petitioners. However, during the pendency of the petition most of the petitioners have withdrawn and have stated that they are not interested in the lis. Accordingly, W.P.No.3789/2000 is presently pursued only by the following petitioners - No.1 Shri G.V.S. Shastri; No.27 Mrs. Rani Shrivastava; No.72 Shri Dinesh Kumar Sharma; No.102 Ms. Zafar Nazish Fatma; No.111 Mr. Mudgal Harish Kumar; No.122 Shri Shakti Sharan Shrivastava; and, No.124 Shri Indra Bahadur Singh Baghel, i.e.. only seven petitioners are indicated hereinabove are pursuing W.P.No.3789/2000 and this order shall be applicable only to these seven petitioners...
Akali Chamar Token. Vs. General Manager.
Court: Madhya Pradesh
Decided on: Jun-28-2010
1. Shri D. C. Jain, learned counsel for the petitioner. Smt. Kanak Gaharwar, learned counsel for respondent no.1. With the consent of the parties, the matter is heard finally. The facts, leading to the filing of the present petition, are that the petitioner, who was working as General Mazdoor in the Umaria Colliery of the respondent, was dismissed from service on 4.10.1984 after conducting a domestic enquiry in which he was found guilty of gross misconduct in respect of an incident in which he had misbehaved and had an altercation with the Manager. The petitioner assailed the order of termination by raising a dispute, which was dismissed by award dated 28.2.1990, in which it was held that the domestic enquiry and the punishment imposed upon the petitioner were proper and legal and that the termination of the petitioner was justified. Simultaneously, the respondent had also lodged a first information report, pursuant to which a criminal trial was instituted against the petitioner for al...
New India Assurance Co.Ltd. Vs. Ku.Minu Dwivedi, and ors.
Court: Madhya Pradesh
Decided on: Jun-28-2010
1. Shri Ajit Agrawal, learned counsel for the appellant. None for the respondents.2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 1.4.2003 passed by the First Additional Motor Accidents Claims Tribunal Satna in Claim Case No.88/2002 wherein a sum of Rs.60,000/- has been awarded towards the compensation.3. The facts leading to this appeal are that an accident took place when Ku. Minu Dwivedi, aged about 12 years was travelling in Safari Moped No. MP/19/E/6059 as pillion rider alongwith her uncle from Satna and was going to village Padri on 27.11.2000. The said moped was on the way and while passing through Satna-Kothi road near village Barra, one Suzuki Motorcycle bearing No. MP/19/ C/2716 owned by respondent No.3 and driven by respondent No.2, Laxmikant Tripathi rashly and negligently dashed against the moped. As a result of the said accident, Minu fell down and sustained non-fatal injury on her leg and thereafter she as taken to Distr...
Jagdish.Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-25-2010
1. The appellant has preferred this appeal against the judgment dated 10-10-1995, passed by Sessions Judge, Tikamgarh, in S.T. No. 109/1992 by which he was convicted for offence under Section 376 read with Sec.511 I.P.C. and inflicted sentence of rigorous imprisonment for two years with fine of Rs. 500/-. In default he has to undergo six months rigorous imprisonment.2. In short the prosecution story is that on 20-3-1992, the prosecutrix (PW2) was all alone in her house at village Gova, district Tikamgarh. At about 7:00 pm accused suddenly entered the house and threw the prosecutrix on earth, unwrapped the saree worn by her and committed rape. Witnesses Lakhan, Ganesh (PW1) and Vijay (PW3) had seen the accused when he was entering the house of the prosecutrix. The prosecutrix on 21-3-1992 at about 4:40 pm lodged FIR regarding the incident. Ultimately Police A.J.K. had submitted challan. J.M.F.C. Jatara committed the case for sessions trial to Sessions Judge, Tikamgarh.3. After due trial...
State of M.P. Vs. Harnarayanan.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-25-2010
1. This appeal has been filed under Section 378(3)(1) of the Code of Criminal Procedure, 1973 against the judgment dated 24th September, 1994 passed by Additional Chief Judicial Magistrate, Sausar, Distt. Chhindwara in Criminal Case No.342/82 whereby the respondent has been acquitted from the charge under Section 409 and in alternative under Section 420, IPC.2. As per prosecution case, M.C.Tiwari, Ranger, Pandurana lodged the FIR (Ex.P/3) in Police Station Pandurana making allegation that 5 cubic metre Sagon (teak) wood was missing having cost approximately of Rs.7,000/-. It has been further alleged that on 25/7/1978 at about 2.00 a.m. in the night Truck No.MHG 5024 had been loaded and unloaded at Gurunanak Saw Mill, Pandurana, however, by playing fraud with the State, the said Sagon wood has been sold. Offence was registered and the challan was filed after investigation.3. The trial Court has taken cognizance and the charge under Section 409, in alternative under Section 420, IPC was ...
Sewak @ Ramsewak. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-25-2010
1. Appellant has preferred this appeal challenging his conviction and order of sentence passed by First Additional Sessions Judge, Sagar in S.T. No.180/93, decided on 6.12.94.2. Appellant has been convicted under Section 363, 366, 376 of IPC and sentenced to rigorous imprisonment for seven years for each of the three offences, by the impugned judgment. All the sentences were directed to run concurrently.3. According to prosecution, at the relevant time complainant Laxman had sent his minor daughter aged about thirteen years (hereinafter referred to as 'victim') to the place of his son-in-law, Narayan at village Kituwa, as his elder daughter had delivered a child. On 9.5.93 complainant Laxman was informed by Narayan that about ten days back his relative Sevak had come to him in search of work and had stayed with him; next day Narayan had sent the victim alongwith appellant Sevak to Rahatgarh for purchasing bangles, but appellant did not come back and enticed her for marrying him. When N...
Tikaram Ans ors. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-25-2010
1. This appeal is directed against the judgment dated 6.9.1995 passed by 1st Additional Sessions Judge, Balaghat in Sessions Trial No. 29/91 convicting appellant Tikaram for offences under sections 498-A, 306 and 304-B of the IPC and directing him to undergo rigorous imprisonment of 3 years and fine of Rs.200/- under section 498-A of the IPC, rigorous imprisonment of 7 years and fine of Rs.200/- under section 306 of the IPC and rigorous imprisonment of 7 years and fine of Rs.200/- under section 304-B of the IPC.2. As per prosecution story deceased Kesharbai was married with appellant No.1 Tikaram. Appellant No. 2 Beniram is the father- in-law and appellant No. 3 Benubai is the mother-in-law of the deceased. During pendency of this appeal they have died. However, as per orders dated 1.2.1998 and 21.6.2004 the appeal stood abated against them. However, this appeal only survives for appellant No.1 Tikaram. At the time of solemnization of the marriage accused persons demanded golden ring a...
Shera Alias Sher Mohd. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-25-2010
1. This judgment shall also govern the disposal of Criminal Appeal No.817/1995 (Lakhansingh v. State of M.P.) and Criminal Appeal No.917/1995 (Pappoo alias Vijay Singh v. State of M.P.).2. All the three appeals have been filed against the judgment dated 30/05/1995 passed by II Additional Sessions Judge, Panna in Sessions Trial No.32/1990, whereby all the accused persons were convicted for the offence under Section 399 read with Section 402 of IPC and directed to suffer five years' rigorous imprisonment to each and fine of Rs.1000/-, in default of payment of fine, further six months' imprisonment each under Section 399 of IPC and to suffer three years' rigorous imprisonment to each and fine of Rs.500/-, in default of payment of fine, further three months' rigorous imprisonment each under Section 402 of IPC.3. As per prosecution case, SHO, Dharampur R.P.S. Parihar (PW-9) received an intimation on 19/1/1990 from the informer that accused Shera and other co-accused persons are making a pla...
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