Madhya Pradesh Court July 2010 Judgments
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Ram Milan, S/O Ram Khilavan, and anr. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-30-2010
1. The Fourth Additional Sessions Judge, Rewa vide impugned judgment dated 16.11.95, in ST No. 87/95 recording conviction of appellants/accused under Section 25(1B)(a) of Arms Act, sentenced them to undergo rigorous imprisonment for 1 year and to pay fine of Rs. 1,00/- each with default stipulation.2. Being aggrieved, appellants/accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure.3. It is undisputed that the appellants were prosecuted and tried for murder of Shyamlal under Section 302 of IPC along with the offence under Section 25(1B)(a) of Arms Act but they have been acquitted of the charge under Section 302 of IPC.4. The prosecution case, in short, is that on 19.1.95 at about 10 O' clock in the morning deceased Shyamlal went with appellants/accused persons but he did not return back. On 21.1.95 a dead body of unknown person was found near the Durman Gupha of village Duari which was identified as dead body of Shyamlal. Dead body was sent for post-...
Basant Kumar S/O Tuk Aram, and anr. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-30-2010
1/ First Additional Sessions Judge, Hoshangabad, vide impugned judgment dated 2.11.1995 passed in Sessions Trial No. 22 of 1994 by which the appellant no.1 Basant Kumar was convicted for offence punishable under Section 304-B and 498-A of the I.P.C and sentenced him to undergo seven years rigorous imprisonment and appellant no.2 Smt. Prem Bai was convicted under Section 498-A of the I.P.C. and sentenced her to undergo one year rigorous imprisonment with fine of Rs.1,000/- and in default, she has to further undergo simple imprisonment for three months.2/ Being aggrieved appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure.3/ It is undisputed that appellant, Basant Kumar was under trial prisoner since 23.8.1993 to 2.11.1995 (date of judgment), his sentence has not been suspended. Therefore, he completed his period of 7 years imprisonment on 22.8.2000. According to learned counsel for the appellant, Basant Kumar has been released from jail. In thes...
Rajaram. Vs. Mukesh Kumar and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-30-2010
1. The appellant/defendant has directed this appeal under Section 100 of the CPC being aggrieved by the judgment and decree dated 18.1.2010 passed by Ist Additional District Judge Khurai, District Sagar in regular civil appeal no.43-A/08 whereby, the judgment and decree dated 15.9.09 passed by Ist Civil Judge Class-I Khurai in original civil suit No. 135-A/06, decreeing the suit of the respondents for eviction against the appellant on the grounds enumerated under Section 12(1)(a),(c)and (e) of the M.P. Accommodation Control Act, 1961 (In short 'the Act') have been affirmed while the same was set aside with respect of the ground of Section 12 (1) (o) of the Act.2. The facts giving rise to this appeal in short are that one Dwarka Prasad the predecessor in title of respondents No.1 to 4 and respondent no.5 filed the eviction suit against the appellant contending that the appellant being their tenant at the rate of Rs.160/- per month, is in occupation of the disputed premises situated at S...
Rajesh Henry. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-29-2010
1- Challenging the orders Annexure P/1 and P/2, by which promotion to the post of Assistant Commissioner Excise is granted to respondent No.3, superseding the petitioner and the order seeking suo motu review of a departmental proceeding closed against the petitioner, this writ petition has been filed.2- Petitioner was initially appointed as a District Excise Officer on 1.9.1999. He claims to be a person belonging to the Scheduled Tribe community. In the year 2005, while petitioner was posted as District Excise Officer, Mandsaur a show-cause notice was issued to him on 5.11.2008, pointing out various irregularities in the matter of recovery of revenue. Petitioner is alleged to have filed reply denying the allegations. However, a charge-sheet was issued to the petitioner on 3.3.2006, to which the petitioner submitted his reply and pointed out his defence. Being satisfied with the reply submitted by the petitioner, the disciplinary authority exonerated the petitioner of all the charges an...
Awadhesh Pratap Singh and Another. Vs. the State of Madhya Pradesh, an ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-29-2010
1- Challenge in this petition is made to the action of the respondents in not paying compensation to the petitioners after the land in question was acquired for the purpose of constructing bypass road in District Rewa.2- Facts in nutshell, devoid of necessary details, indicate that the land in question bearing Khasra Nos.470, 471, 472 and 474 admeasuring 0.53 Hectare, 0.291 Hectare, 0.231 Hectare and 0.085 Hectare situated in village Rathara, was originally owned by Smt. Ramrati Bai, wife of Ramsiya Kol. According to the petitioners after obtaining due permission from Collector, Rewa on 4.4.2005, a sale-deed was executed between Smt. Ramrati Bai and the present petitioners, on 5.4.2005, transferring the entire land bearing the aforesaid four Khasra numbers. After the sale transaction took place petitioners applied for mutation of the land before Tehsildar Huzur on 7.7.2005. The Tehsildar instead of mutating the land submitted a report to the Collector on 8.8.2005, informing the Collect...
Ajay Kumar SharmA. Vs. the Commissioner, Municipal Corporation.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-27-2010
(1) Shri Hitendra Singh, counsel for the respondents. This petition is directed against an order dated 6.5.2010 passed by III Additional District Judge(Fast Track Court), Katni, in M.J.C.Case No.6/2010 by which an application filed by the petitioner under Section 94 read with Section 151 of Code of Civil Procedure, 1908 was dismissed.(2) The facts of the case are that the respondent- Municipal Corporation, Katni issued an advertisement dated 23 rd October, 2009, which is on page 20 of the paper-book, by which offers were invited for providing occupation right in respect of six shops constructed by the Municipal Corporation, Katni. (3) The petitioner made an offer in respect of Shop no.42 and also deposited security amount vide receipt dated 28.10.2009. By the aforesaid receipt, the petitioner had deposited Rs.90,000/- It is stated by the petitioner that he made offer in respect of two shops I.e. Shop Nos.42 and 67, but in this petition shop 42 is in dispute. (4) The case before the tri...
The State of Madhya Pradesh.Vs. Bhurelal S/O. Shivdayal Choudhary.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-23-2010
1. The Chief Judicial Magistrate, Hoshangabad acquitted the accused/respondent under Section 7(i) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'PFA Act') by the impugned judgment dated 21.3.1994 passed in Criminal Case No. 1605/88. Being aggrieved by the said judgment, State of Madhya Pradesh has filed this appeal under Section 378 (3) of Code of Criminal Procedure after seeking leave from this Court.2. In short facts of the case are that on 22.4.1988. complainant P.C. Sikri, Food Inspector found that accused Bhurelal Choudhary was going to sell milk at Itarsi. He carrying approximately 16 liters cow's milk in three tin box. Appellant P.C. Sikri after giving a notice under Form No. VI, purchased 750 gm. milk and paid Rs. 3.75 to respondent. Receipt of payment was taken. Food Inspector filled milk in three dry and clean bottles. He put 20-20 drops of formalin in the bottles and sealed and levelled them. Signatures of panch witnesses and respo...
Raghuvir Singh S/O Pooran Singh. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-23-2010
1. Learned Second Additional Sessions Judge, Raisen by the impugned judgment dated 11.10.1995 passed in S.T. No. 126/90 recorded conviction of accused/appellant under Section 307 of Indian Penal Code, sentenced him to undergo rigorous imprisonment for five years and to pay fine of Rs. 200/-, in default to suffer rigorous imprisonment for three months. Being aggrieved,appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure.2. It is undisputed that appellant/accused Raghuvir Singh was prosecuted along with, co- accused Jashwant Singh S/o Chhatar Singh, Bade Bhai @ Motiram S/o Chhatar Singh, Halke Bhai @ Thansingh S/o Chhatar Singh, Pooran Singh S/o. Khuman Singh under Section 148, 307 read with Section 149 and 324 read with Section 149 of Indian Penal Code but after trial other all co-accused have been acquitted by the learned Trial Court.3. Facts in brief are that on 5.3.90 at about 3.30 the cattle of Ganesh Singh (PW2) S/o complainant Rajaram (PW1) entere...
Nandkishore. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-23-2010
1. Learned Sessions Judge, Chhatarpur has passed impugned judgment dated 11.8.1995 in Sessions Trial No.75 of 1995 by which appellant convicted under Section 326 of the I.P.C. and sentenced him to undergo ten year rigorous imprisonment with fine of Rs.5,000/- and in default, he has to suffer further rigorous imprisonment for a period of six months.2. Being aggrieved , the appellant has preferred this present appeal under Section 374 of the Code of Criminal Procedure.3. The prosecution case, in short is that on 8.10.1990 appellant/ accused while ploughing his land, Hukum (since deceased), who was elder brother of appellant/accused and there was some dispute between them regarding land, along with his wife and daughter went at the field and tried to stop appellant/accused to further ploughing of land. When Hukum came in front tractor, appellant/accused came down and gave two blows by an axe on his head and neck, resultantly he fell down. Complainant, Prem Bai, (P.W.1) rushed to Police St...
Vijay ShrivastavA. Vs. Musheer Mohammad Khan.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. This petition is directed against the order dated 28.6.2010 by the XVII Civil Judge Class II, Bhopal in Civil Suit No.576- A/2008 by which an application filed by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure was rejected. The learned counsel for the petitioner submitted that by an agreement dated 7.5.2007, the petitioner agreed to purchase the disputed property from defendant no.2, namely, Smt. Ishrat Jahan for a consideration of Rs.20,00,000/- out of which Rs.16,00,000=00 was paid to defendant no.2 and also to the plaintiff. This fact has been specifically pleaded by the petitioner in para 3 of the application Annexure P/3. He has further submitted that the suit was filed to defeat the rights of the petitioner and if a collusive decree is passed, it will affect the rights of the petitioner. So it is prayed that the petitioner be permitted to implead as defendant no.4 in the suit.2. The trial Court considered the case and found that the petitioner is not the n...
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