Madhya Pradesh Court June 2010 Judgments
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State of Madhya Pradesh. Vs. Ramlal and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-25-2010
1. The appellant/State has filed this appeal against judgment dated 28.2.1995 passed in Criminal Case No. 432/1991 by the Court of Judicial Magistrate First Class, Harda by which the respondents have been acquitted of the offence under Section 379 of the Indian Penal Code.2. It is undisputed that the respondent Ramlal S/o Chhanoo Dahiya alongwith other co-accused Manuj S/o. Chhanoo Dahiya, Mishrilal S/o. Chhanoo Dahiya, Sabulal S/o. Chhanoo Dahiya and Chhotelal S/o. Chhanoo Dahiya were tried for offence punishable under Section 379 of the IPC and they were acquitted by the learned Judicial Magistrate, First Class Harda.3. The State of Madhya Pradesh prayed for leave to appeal against all the acquitted persons under Section 378(3) of the Code of Criminal Procedure but this Court vide order dated 1.12.1995 granted leave to appeal only against the respondent Ramlal S/o. Chhanoo Dahiya.4. In short, the prosecution case was that on 15.2.87 some employees of Forest Department were sitting in...
Kusumlal Raghuvanshi, and ors. Vs. State of Madhya Pradesh, and ors.
Court: Madhya Pradesh
Decided on: Jun-24-2010
1. The petitioners, who are working as Firemen have filed this petition being aggrieved by the order dated 11-8-1998 issued by the Additional Secretary, State of Madhya Pradesh Home Guards Department directing the Director General of Police, Bhopal to cancel the appointments of the petitioners and the consequent communications issued by respondent No.1 dated 1-12-1998 and by respondent No. 4 dated 10-12-1998.2. The brief facts leading to the filing of the present petition are that the State of Madhya Pradesh pursuant to the directions issued by the Standard Fire Advisory Council, Government of India, New Delhi for establishing fire stations in all important buildings, namely, Vidhan Sabha Bhawan, Vindhyachal Bhawan, Satpuda Bhawan and Vallabh Bhawan, constituted a High Powered Committee (hereinafter referred to W.P.No. 24111/2003 as the "Committee") by order dated 26-9-2997 for establishing fire stations in the aforesaid buildings and for all necessary actions relating to that. The Com...
Smt. Humera Khan. Vs. Mahesh Narayan ShrivastavA.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-24-2010
1. This appeal is directed against the judgment and decree dated 29/10/2002 passed by 5th Additional District Judge, Bhopal in Civil Suit No.25-B/2001 whereby the suit filed by the plaintiff for recovery of Rs.1,00,000/- has been decreed along with interest.2. The plaintiff's case, in brief, is that an agreement to sale dated 9/3/1998 (Ex.P/1) was executed by the defendant in his favour with respect to a Plot No.23 situated near T.B.Hospital, Idgah Hills, Bhopal admeasuring 38x 68 total area thereof comes to 2584 sq.ft. for a total consideration of Rs.7,75,200/-. In furtherance to the said agreement Rs.50,000/- has been paid in advance and Rs.50,000/- has further been paid after a month as specified in the terms and conditions of the agreement. The defendant could not comply the conditions specified in Clause-(4), (6) and (7) of the said agreement, however, another agreement was executed on 10/7/1998 (Ex.P/2) granting more time to comply the said conditions up to 30/7/1998. But, they s...
Jeewan Lal Jhariya, and ors. S/O Bakhtoo Lal JhariyA. Vs. State of Mad ...
Court: Madhya Pradesh Jabalpur
Decided on: Jun-24-2010
1. Since both the appeals arise of the common impugned judgment they are being disposed of by this common judgment.2. Appellants have filed these appeals against the judgment dated 22.1.2007 passed by Tenth Additional Sessions Judge, Jabalpur in Sessions Trial No.248/2006 convicting the appellants under section 302 of the Indian Penal Code and sentencing each of them to imprisonment for life with fine of Rs.200/-.3. In short the prosecution case is that Guddo Bai was living with her husband Shiv Kumar, the deceased, in village Munda Tola within the jurisdiction of police station Bargi, District Jabalpur. Shiv Kumar had received agricultural land from his maternal grand- parents. On 21.4.2006, in the early morning at about 4:00 a.m. accused Jeewanlal came to his house and asked him to accompany for searching his lost cow. Shiv Kumar went away with Jeewanlal and Guddo Bai kept on sleeping. At sun rise at about 7:00 a.m., son of Anandi Gond came to her and informed that Shiv Kumar was lyi...
Achhelal, and ors. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jun-24-2010
1. Appellants have preferred this appeal challenging their conviction and order of sentence passed by First Additional Sessions Judge, Teekamgarh in S.T. No.74/94, decided on 15.5.95.2. Appellant Achhelal has been convicted under Section 376, 342 of IPC, while appellant Amanchain has been convicted under Section 376/34, 342/34 of IPC and each of them sentenced to rigorous imprisonment for four years and three months for the respective offences by the impugned judgment. Both the sentences were directed to run concurrently.3. According to prosecution, on 15.6.94 about 6 'O'clock in the evening at village Minoura appellant Amanchain came to the house of the prosecutrix in presence of her mother-in-law and sister-in-law and called her to his house for certain talks. Prosecutrix asked her mother-in-law and then went alongwith appellant Amanchain to the nearby house of appellant Achhelal, where his mother Jankiya and two sisters were also present; her sister-in-law Karodibai also fallowed he...
The Superintending Engineer, and ors. Vs. Narayan Prasad Vishwakarma S ...
Court: Madhya Pradesh
Decided on: Jun-22-2010
1. This petition has been filed under Article 226/227 of the Constitution of India against the award dated 27.2.2006 passed by the Presiding Officer, Labour Court, Jabalpur in Case No.5/2004 ID Reference, reinstating the respondent No.1 without back wages.2. Respondent No.1 filed a dispute under Industrial Disputes Act stating that he was engaged as Helper on daily wages with the petitioners with effect from January, 1982 and continued till 14.6.1986. It is said, the work performed by him was satisfactory, and he had continuously worked for more than 240 days in a calendar year, however, acquired the status of permanent employee. It is further stated that he has not been classified as a permanent, on the post of Helper, and paid him i.e. the daily wages. In June, 1986 he was terminated without issuing any notice, furnishing an opportunity of hearing and paying any compensation, however, such an act is amounting to illegal retrenchment. The respondent No.1 cannot file a dispute directly...
Tarun Sharma Son of Shri Deepak Sharma Vs. Vishwas Sarang Son of Shri ...
Court: Madhya Pradesh
Decided on: Jun-21-2010
ORDERR.C. Mishra, J.1. As a common question of law has arisen in both the trials, this order shall govern disposal of interim applications (registered as I.A. No.48/2009 in Election Petition No. 27/2009 and I.A. No. 14/2009 in Election Petition No. 29/2009) under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for brevity 'the Code') read with Sections 86 and 87 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') for rejection of respective election petitions on the ground of non-disclosure of cause of action or a triable issue.2. Incidentally, none of the petitioners is an unsuccessful candidate but each one of them was entitled to vote at the elections in question. The respondent in E.P. No. 27/2009 namely Vishwas Sarang is declared elected to M.P. Legislative Assembly Constituency No.151, Narela whereas the respondent in E.P. No. 29/2009 viz. Dhruv Narayan Singh is the returned candidate to M.P. Legislative Assembly Constituency No. 153, Bhop...
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