Madhya Pradesh Court September 2010 Judgments
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Sanjay Agrawal. Vs. Smt. Renu Agrawal.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-30-2010
1. This first appeal has been preferred by the appellant against the judgment and decree dated 11/12/2001 passed in Hindu Marriage Case No.19A/1998 by the Second Additional District Judge, Hoshangabad by which the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act, 1955') was dismissed.2. It is admitted that the marriage of the appellant and the respondent took place on 16/2/1997 at Itarsi. They lived at Itarsi for two months after their marriage. Thereafter the respondent visited to the appellant's house in the month of April, 1997 after her short stay of few days at her parents' house. In her second visit she lived upto July, 1997.3. The appellant has filed an application under Section 13 of the Act, 1955 before the trial Court on the ground that, in July, 1997 the respondent left the house of the appellant to perform the ceremony of Raksha Bandhan and thereafter she did not come back. Her behaviour with the appell...
Laxmi Prasad Garg. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-30-2010
1. The appellant has preferred this appeal against the judgment dated 17.11.1995, passed by First Additional Sessions Judge, Damoh in S.T. No. 121/1990, by which he was convicted for offence punishable under Section 326 of I.P.C. and was inflicted with a sentence of rigorous imprisonment of three years.2. In short the prosecution story is that on 14.10.1990, when injured complainant Ramlal, a Constable, was coming back from his duties near the police line, met with accused Laxmi Prasad who was his cousin. Accused/appellant started a quarrel with the complainant and suddenly he assaulted the complainant with a dagger (Chhura) causing him injury in his left elbow in hand and the dagger after perforating his skin also entered in the back of the left abdomen. In the meantime, Anand Pachori and Guddu Dhobi came to the spot and therefore the accused/appellant left the spot immediately. Complainant Ramlal immediately rushed to the Police Station Kotwali, Damoh and lodged an FIR. He was taken ...
Sehore Sharirik Shiksha ChhatrA. Vs. Barkatullah University, Bhopal an ...
Court: Madhya Pradesh Jabalpur
Decided on: Sep-30-2010
1. Shri Mahendra Pateria, Counsel for the respondent No.1. Shri Sidharth Gupta, Counsel for the respondent No.2. The respondent No.1 has filed an affidavit of Dr. Sanjay Tiwari, Registrar of the Respondent/University. This affidavit has been filed in compliance of order dated 28.9.2010 which reads thus :-" To facilitate the respondent No.1 to file an affidavit on behalf of the Registrar of the respondent to explain why the petitioners have not been permitted to appear in the examination, the respondent No.1 is also permitted to explain why inspite of order 21.9.2010 passed by this Court, petitioners have not ben permitted to appear in the examination which are going on, be listed for hearing on 30 th September,2010."In the affidavit it is stated by the Registrar that the students of the petitioner Sangh were not found eligible to appear in the examination on following grounds :- "On a perusal of the aforesaid report and the averments made in the petition, it is clear as crystal that th...
Ajay Pratap Singh @ Ajju, and ors. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-30-2010
1. Since the above mentioned appeals arise out of common impugned judgment, this judgment shall govern disposal of aforesaid three appeals.2. These criminal appeals have been preferred by the appellants being aggrieved by the impugned judgment, finding and sentence dated 8/2/2008 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Panna in Special Case No.38/2004 whereby each appellant has been convicted for commission of offence under Section 323 of IPC and sentenced to rigorous imprisonment for six months with fine of Rs.1,000/- each and whereas except the appellant of Cr.A.No.417/2008, the remaining appellants were also convicted for offence punishable under Section 352 of IPC and sentenced for 3 months' rigorous imprisonment with fine of Rs.500/- each. (All the sentences were directed to run concurrently).3. During the pendency of Cr.A.No.417/2008, appellant Bhaiyan @ Sunil died, therefore, this Court vide order dated 16/9/2009 has dismissed his appeal as abate...
Smt. Mamta Dubey. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-30-2010
1- Challenging the order-dated 15.6.2010 Annexure P/1 as passed by the Additional Collector, Katni quashing the appointment of the petitioner made vide order-dated 8.9.2007, and directing for appointment of respondent No.2 as Panchayat Karmi, petitioner has filed this writ petition.2- The dispute in this writ petition pertains to appointment of Panchayat Karmi, in Gram Panchayat Salimnabad, District Katni. According to the petitioner on the basis of a resolution passed by the Gram Panchayat on 27.8.07, an advertisement was issued on the same day, inviting applications from eligible candidates for appointment to the post of Panchayat Karmi. One of the conditions stipulated in the advertisement was that the candidate should submit a live registration card from the District Employment Officer. The applications were to be submitted between 27.8.07 to 5.9.07. Petitioner claims to have submitted the application vide Annexure P/5, and enclosed various documents as indicated in Annexures P/6 t...
Smt. Madhu Tiwari and Others. Vs. Satpura Kshetriya GramIn Bank.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-29-2010
1- Challenging the orders-dated 26.6.99 and 16.9.2000 Annexures P/6 and P/15 respectively, this writ petition has been filed. This petition was originally filed in the year 2000 by Late R.S. Tiwari, who was an employee of the respondents' Bank. Now, after his death, during the pendency of this writ petition, his wife and children who are the Legal Heirs, have been brought on record.2- Late R.S. Tiwari was employed in the Respondents' Bank, which is a Kshetriya Gramin Bank constituted under the Regional Rural Banks Act, 1976 (hereinafter referred to as 'Act of 1976'). The Sponsoring Bank of the Kshetriya Gramin Bank is the Central Bank of India, in accordance to the powers conferred on the Bank by virtue of section 30 of the Act of 1976. The Board of Directors of the respondents' Bank after due consultation with Central Bank of India have formulated the Staff Service Regulations, applicable to the respondents' Bank, and is known as Kshetriya Gramin Bank, Hoshangabad, Staff Service Regul...
Ajay Dubey, and ors. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-29-2010
1. In these three writ petitions since common question of law and facts are involved and also as agreed to by the learned counsel for the parties, they were heard together and are being decided by this common order.2. Writ Petition No.1574/2008 and Writ Petition No.13329/2009 have been preferred as public interest litigations by one Ajay Dubey describing himself to be Secretary of Environment Friendly Organization- 'Prayatna', mainly with the grievance that number of mines/quarries are being operated illegally across the State of Madhya Pradesh without obtaining the statutory clearances which are mandatory in nature and, therefore, a direction has been sought to stop operation of all such mines which are being run notwithstanding the fact that closure orders have already been issued by the concerned authorities. It has also been inter alia prayed that a High Level Committee be constituted to enquire the matter pertaining to grant of permission for such mining operations.3. In the other...
Munna Lal S/O Gendlal MalviyA. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-29-2010
1. First Additional Sessions Judge, Chhindwara has passed the impugned judgment dated 11.12.2000, in Sessions Trial No. 246/1999 by which the appellant/accused has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment and fine of Rs. 500/- in default he has to further undergo three months rigorous imprisonment.2. Being aggrieved, the appellant/accused has preferred this appeal under Section 374(2) of the Code of Criminal Procedure.3. The prosecution case, in short, is that on 11.7.99 at about 22:30, complainant Rajkamal(P.W.2) was taking meals at the house of his uncle, Khushal(P.W.3). Sonam @ Manisha (P.W.1), daughter of accused rushed there and told that while her mother Sunita was ironing the clothes, her father, appellant/accused poured kerosene oil on her and set her on fire. On this information, complainant, Rajkamal(P.W.1) along with Khushal, Tukaram and other person reached to the house of appellant/accused where they saw that Sunita was l...
Kallu @ Karan Singh, S/O Pooran Singh, and ors. Vs. the State of Madhy ...
Court: Madhya Pradesh Jabalpur
Decided on: Sep-29-2010
1. Sessions Judge, Raisen has passed the impugned judgment dated 30.12.2001 in S.T.No. 118 of 1993 by which appellants No.1 and 2 have been convicted under Section 302, 392 and 376(2)(g) of Indian Penal Code and each of them have been sentenced to undergo life imprisonment with fine of Rs. 2,000/-, rigorous imprisonment for three years with fine of Rs. 1,000/- and rigorous imprisonment for ten years with fine of Rs. 2,000/-, with default stipulation, respectively and appellant No. 3 has been convicted under Section 392 of IPC and sentenced to undergo rigorous imprisonment for three years with fine of Rs.1,000/0, with default stipulation. Being aggrieved, appellants/accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure.2. Prosecution case in short is that on 3.2.1993 Motilal (PW19) saw a dead body lying in ganji of grass near Richhan river. He informed to police station Raisen. This information was recorded in Rojnamcha Sanha Ex.P/20. Sunil Gupta (PW2...
Pramod Kumar JaIn and anr. Vs. Satpura Kshetriya GramIn Bank and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-28-2010
1. The petitioners have filed this petition being aggrieved by the proceedings initiated by the respondents against them under the provisions of Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act'). In the instant petition, the petitioners have challenged the proceedings for execution of the order passed by the respondent No. 3, Collector and taken up by the respondent No.4, Tahsildar, Pipariya, District Hoshangabad.2. The learned counsel for the petitioners submits that the proceedings initiated against the petitioners are contrary to law and the procedure prescribed therein and in such circumstances, the impugned order be quashed. It is stated that the respondent No. 4 has no power or authority to take up proceedings by way of entertaining the application. It is submitted that the petitioners have negotiated with the President of the respondent-bank who has agreed to permit the petitio...
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