Madhya Pradesh Court July 2010 Judgments
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Gudda @ Omprakash S/O Mohanlal Choubey. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-16-2010
1/ Appellant has filed this appeal against the judgment dated 7.10.1995 passed by the Additional Session Judge, Katni in Trial No.28 of 1995, whereby the appellant has been convicted under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for two years with fine of Rs.2,500/-. In default, the appellant shall suffer further rigorous imprisonment for a period of six months.2/ In short, the case of prosecution is that on 25.4.1995, B.D.Chaturvedi, (PW3) Assistant Sub Inspector, Police Station Katni received an information through an informer that a person, going with 'Ganja' at Bhatta Mohalla. On the basis of the aforesaid information, B.D.Chaturvedi, A.S.I. along with Sub Inspector, M.K. Singh (PW4) and Constable No.17, 2092, 763 rushed to Bhatta Mohalla and intercepted Gudda @ Om Prakash S/o. Mohanlal, who was carrying a box of Tin. After informing him that he has right to be searched in pre...
Smt. Kalloo Bai, D/O. Badri Prasad. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-16-2010
1. The appellant has filed this appeal against judgment dated 11.7.1995 passed in S.T. No. 29/1993 by the Court of Additional Sessions Judge, Panna by which appellant Kalloo Bai has been convicted under Section 318 of the Indian Penal Code and sentenced to undergo six months rigorous imprisonment.2. The prosecution case in short was that marriage of appellant Kalloo Bai was solemnized many years before this incident but since 5-6 years she did not go to her in-laws house and had been living with her father Badri Prasad. In the month of December 1992, appellant Kalloobai gave birth to an illegal infant and conceal the birth of that infant. Co-accused Badri Prasad had left that infant near a Nallah due to which death of infant occurred. It is alleged that the body of infant was buried near the Nallah but this fact was came to the knowledge of villagers and they informed the police. On basis of this information, a Marg Intimation Ex.P/4 was recorded at Police Chouki Kalda. During investig...
S.C.Chaturvedi. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-15-2010
1- As both the petitions are filed by the petitioner and the relief claimed are co-related to each other, they are being heard and decided by this common order.2- Petitioner Hiralal Tiwari is working in the establishment of Food Corporation of India and is posted as Technical Assistant Grade II and at the relevant time when this writ petition was filed he was posted in Satna. Grievance of the petitioner pertains to non-consideration of his case for promotion to the post of Technical Assistant Grade II retrospectively with effect from 31.12.1990, when respondent Nos. 4 and 5, who were juniors to the petitioner, were promoted. He also claims promotion in the light of the fact that respondents 4 and 5 were promoted to the said post vide orders dated 31.12.90 and 7.11.91 Annexure P/2. While the said writ petition Writ Petition No.2525/1995 was pending, it seems that promotion was granted to the petitioner vide orders passed on 15.6.1995, but notional promotion was only granted with effect ...
Hiralal Tiwari. Vs. Food Corporation of India and Others.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-15-2010
1- As both the petitions are filed by the petitioner and the relief claimed are co-related to each other, they are being heard and decided by this common order.2- Petitioner Hiralal Tiwari is working in the establishment of Food Corporation of India and is posted as Technical Assistant Grade II and at the relevant time when this writ petition was filed he was posted in Satna. Grievance of the petitioner pertains to non-consideration of his case for promotion to the post of Technical Assistant Grade II retrospectively with effect from 31.12.1990, when respondent Nos. 4 and 5, who were juniors to the petitioner, were promoted. He also claims promotion in the light of the fact that respondents 4 and 5 were promoted to the said post vide orders dated 31.12.90 and 7.11.91 Annexure P/2. While the said writ petition Writ Petition No.2525/1995 was pending, it seems that promotion was granted to the petitioner vide orders passed on 15.6.1995, but notional promotion was only granted with effect ...
Suresh Kumar Singh. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-15-2010
1. By this petition filed under Section 482 of the Code of Criminal Procedure, petitioner has challenged the order dated 18.1.2010 passed by Special Judge (Lokayukt), Jabalpur in Special Case No. 8/2004, disposing of the application filed by the complainant/respondent no.2 under Sections 63 and 65 of the Indian Evidence Act, seeking permission to adduce secondary evidence.2. In brief, facts of the case are that the petitioner/accused S.K.Singh, who was posted as Inspector in Special Police Establishment (Lokayukta Office), Jabalpur laid a trap against respondent no.2 Hardayal Dubey, Food Inspector, Jabalpur and registered Crime No. 128/2002 under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. When S.K.Singh was investigating the said offence, he demanded Rs. 1,65,000/- from Hardayal Dubey, as bribe for showing favour to him. It is said that on 7.6.2002 and 27.6.2002, he obtained Rs. 30,000-30,000/- by abusing his position as a public servant. Hardayal...
Smt.Renu Shah. Vs. Kant Shrish Dev Singh.
Court: Madhya Pradesh
Decided on: Jul-13-2010
1. Shri K.K. Trivedi, learned counsel for the petitioner. Shri Sanjay Agrawal, learned counsel for the respondent. This petition is directed against the order dated 22/4/2010 passed by the Election Tribunal, District Judge, Sidhi in Election Petition No.6/2010 by which an application filed by the petitioner for dismissal of the election petition was rejected.2. The petitioner herein had raised two objections before the Election Tribunal for dismissal of the election petition (i) that the election petition was not filed by the election petitioner himself but was filed by his counsel so it was liable to be dismissed, (ii) that the security though deposited by the election petitioner but in a wrong head in the Treasury.3. The Election Tribunal found that the election petition could have been filed by the election petitioner or by his nominee and on this ground the first objection was rejected. So far as second objection is concerned, it was not decided and by order dated 15/4/2010 the Ele...
Smt.Janki Bai, and anr. Vs. R.K.Garg, and anr.
Court: Madhya Pradesh
Decided on: Jul-13-2010
1. This is an appeal against the award dated 8.11.2000 passed by the Claims Tribunal, Katni in MVC No.38/2000 whereby the claim application preferred by the claimant has been rejected.2. The claim application was filed on the ground that deceased Suresh Barman alias Bablu, was employed as a conductor on the truck No.MBJ 116. On 27.10.1994 the deceased on his duty on the said truck. At about 10 p.m. the driver of the said truck after reaching Katni parked the truck at the New Bus Stand at Katni. After giving instructions to the deceased to guard the truck the driver left from the scene. At the time when the deceased was having a watch over the truck, the truck was stolen by some unknown persons and the deceased was found murdered. The tribunal has dismissed the claim application on the ground that it is not a case of accidental murder but it is a case of murder.3. Learned counsel appearing for the appellants read the statement of Mitthulal (PW-1) who is the father of the deceased. This ...
State of Madhya Pradesh. Vs. Narayan Singh, and anr.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-09-2010
1. This petition is preferred on behalf of the State of Madhya Pradesh under section 378(III) of the Cr.P.C for grant of leave to appeal being aggrieved by the judgment dated 10.6.09 passed by the Special Judge, Panna in Special Case No.1/09 whereby the respondents have been acquitted from the charges under section 294,367,506-II of the IPC and under section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. It is noted that while acquitted the respondents from the aforesaid offence they were convicted and sentenced under section 323 of the IPC.2. The facts giving rise to this petition in short are that on dated 17.8.2008, early in the morning, some quarrel took place between Vimla the wife of complainant Chhote Choudhary and Narayan Singh, on which, said complainant Chhote after lodging the report with some police station at Panna was returning to village Badagaon. On the way near Bhagesur, he was anticipated by the respondents. They abused him with filthy languages and also beaten ...
Rajesh Singh. Vs. State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-09-2010
1. With the consent of the learned counsel for the parties the matter is heard finally.2. The petitioner, who was at the relevant time posted in the Police Department as a Sports and Youth Welfare Officer, has filed this petition being aggrieved by order dated 24.10.2007 by which he has been placed under suspension and the order dated 13.1.2009 rejecting his application for revocation of suspension. The petitioner, in the present petition, has also prayed that he be paid suspension allowance at the highest rate permissible under the Rules. The brief facts, leading to the filing of the present petition, are that the petitioner while he was posted at Harda was implicated in a criminal case which was registered against him and was detained in jail from 24.9.2007 to 8.10.2007. On 24.10.2007 the impugned order of suspension was issued in respect of the petitioner in view of the provisions of Rule 9(2- a) of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafte...
M/S Acme Papers Limited. Vs. M.P. Financial Corporation.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-09-2010
1. In this appeal preferred under Order 43 Rule (1)(j) of the Code of Civil Procedure, 1908 the appellant has challenged the order dated 29.10.2003 passed by the learned District Judge, Sehore in MJC No. 16/1985 whereby the application of the appellant under Order 21 Rule 90 read with Section 151 of the CPC has been dismissed.2. The facts leading to the present appeal are that the first respondent, namely, M.P. Financial Corporation filed a Misc. Judicial Case No. 26/1982 under Section 31 of the State Financial Corporation Act, 1951 against the appellant for sale of the mortgaged property. The said application was opposed by the appellant by filing reply as contained in Annexure A-2, however, a direction was issued on 12.11.1984 for disposal of the hypothecated property under Section 32(7) of the said Act. Thereafter, the respondent No.1 also sought for publication of notices of auction for disposal of the property under Section 32(8) of the Act. Yet another application was moved on be...
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