Madhya Pradesh Court September 2010 Judgments
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The State of Madhya Pradesh. Vs. Arman Khan and Others.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-28-2010
1. This criminal appeal under Section 378(1) of the Code of Criminal Procedure has been preferred by the State of Madhya Pradesh, being aggrieved by the impugned judgment dated 19/12/2007 passed by the First Additional Sessions Judge, Waraseoni District Balaghat in ST No.30/2004, whereby the respondents have been acquitted from the charges of Section 307 read with Section 34 of IPC and Section 324 read with Section 34 of IPC.2. Prosecution case, in short, is that 3-4 days prior to 24/9/2003, some dispute took place between complainant D.P.Mishra and accused Arman Khan. On 24/9/2003 Vilas, Manish and Amit sons of complainant D.P.Mishra were going back to their house from a betel shop by motorcycle. In front of the house of accused Arman Khan, Arman Khan stopped them and started quarrelling. Accused Arman Khan, Salman Khan, Raju Chouhan and Samarjit Singh assaulted the victims Vilas, Manish and Amit with the help of sword, rod, sticks and kicks and fists. In the incident, Manish and Amit...
Arman Khan and Others. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-28-2010
1. Since both the above appeals arise out of common impugned judgment, this judgment shall govern disposal of both the appeals.2. This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellants being aggrieved by the impugned judgment dated 19/12/2007 passed by the First Additional Sessions Judge, Waraseoni District Balaghat in ST No.31/2004, whereby the each appellant has been convicted for commission of offence under Section 307 read with Section 34 of IPC and inflicted sentence of rigorous imprisonment for three years with fine of Rs.500/- each, in default each of the appellants has to undergo additional imprisonment for three months. This criminal appeal under Section 377 of the Code of Criminal Procedure has been preferred by the State of Madhya Pradesh being aggrieved by the impugned judgment dated 19/12/2007 passed by the First Additional Sessions Judge, Waraseoni District Balaghat in ST No.31/2004 for enhancement of the sentence ...
Umakant Mudgal. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-27-2010
1- Petitioner, who at the relevant time in the year 1998 when this petition was filed was the Mandi Secretary Grade IV and was posted in Krishi Upaj Mandi Samiti, Sihora, Jabalpur has filed this writ petition challenging the seniority list published from time to time, granting seniority to respondents 3 to 5, over and above the petitioner. Further challenge is also made to an order-dated 17.7.98, by which the representation of the petitioner for correction of the Seniority List is rejected and orders-dated 19.11.1984, 14.11.1984 and 15.11.1984 Annexures B, C and D, by which respondents 3 to 5 are appointed as Mandi Secretary Grade IV retrospectively with effect from 10.10.1980, adversely affecting the seniority of the petitioner. 2- Facts in brief, necessary for disposal of this writ petition, are that petitioner was appointed as a Mandi Secretary Grade IV, vide order-dated 7.1.1982. Since then till filing of the writ petition, he was holding the said post. In the Gradation List, that ...
Smt. Ramwati Markam. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-27-2010
1. Challenging the action of the respondents in making recovery from the benefits accruing to the petitioner, wife of a deceased forest ranger, and passing the impugned orders Annexures P/6, P/7 and P/12, on 29.7.91, 29.7.91 and 30.9.06 respectively, rejecting the claim of the petitioner, she has filed this writ petition. 2- Petitioner's husband Late S.S. Markam was working as a Forest Ranger. He joined the Forest Department on 5.11.63 and retired on attaining the age of superannuation on 30.11.97. He was last posted in South Territorial Forest Division, Balaghat. After his retirement all the pensionary benefits were paid to him, pension was also being granted without any recovery and due to illness Shri Markam expired on 7.10.2003. Copies of the pension payment orders and the death certificate of petitioner's husband are Annexures P/1 and P/2 respectively. As petitioner was the nominated legal heir of her husband, petitioner started receiving family pension and other dues in accordanc...
Laxman Singh S/O Gulab Singh. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-23-2010
1. Second Additional Sessions Judge, Damoh has passed the impugned judgment dated 30.11.2004 in S.T.No. 272 of 2002 by which appellant/accused has been convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment. Being aggrieved, appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure.2. Prosecution case in short is that on 2.5.2002 at about 6 O'clock in the morning Lachhi Bai (mother of the appellant/accused) informed Inder Singh that her daughter-in-law Uma Bai (wife of appellant) hanged herself in the cattle house. Inder Singh, his father Gulab Singh and appellant took her off the string thinking that she was alive. Inder Singh lodged Marg intimation Ex.P/ 17 at Police Station, Raneh, during Marg inquiry, Sub Inspector S.P. Shukla (PW16) prepared the spot map Ex.P/10 and inquest Panchnama Ex.P/4. Dead body of Uma Bai was sent for post-mortem examination.3. Dr. S.K. Jain (PW14) performed the autopsy on the body of Uma Bai. He...
Smt. Sumarwati Bai. Vs. the Mines Manager.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-22-2010
1. Learned counsel for the appellant submitted that the appellant is an illiterate widow. Her counsel did not advise her that an appeal can be filed before the Division Bench against the order passed by the learned Single Judge. However, when the appellant came to Jabalpur and met another counsel, he advised her to file the appeal. Thereafter, the instant appeal has been filed without any undue delay. The application for condonation of delay is duly supported by an affidavit.2. It is well-settled in law that for the fault on the part of counsel, a litigant should not suffer [See: Rafiq and another vs. Munshilal and another, AIR 1981 SC 1400].3. Thus, we find that sufficient cause for condonation of delay is made out. Accordingly, the delay in filing the appeal is condoned and the I.A. stands allowed. With the consent of the learned counsel for the appellant, the writ appeal is taken up for hearing on the question of admission.4. This intra-court appeal arises from the order of the lear...
Kripal Singh S/O Panna Lal, and anr. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-22-2010
1. Appellants have filed this appeal against the judgment dated 02.07.2004 passed by the Additional Sessions Judge, Ashta District Sehore in Sessions Trial No.198/2000 convicting the appellants under section 302 read with section 34 of the Indian Penal Code and sentencing each of them to imprisonment for life with fine of Rs.2000/-, in default of payment of fine, further rigorous imprisonment for one year.2. According to prosecution, on 23.06.1999 at about 7:00 p.m. when Babulal (deceased) was going back to his house after answering the call of nature, in front of the house of Lakhanlal, appellants, armed with lathis, confronted him and after abusing, assaulted him with lathis. He suffered injuries on head, hand, back and legs. Hearing his cries, Lakhan, Bhagwat Singh, his brother and Anandilal, his nephew and other village people reached there and rescued him. It is said that Babulal had rebuked to the son of accused Panna, as he did not work in the temple of the village, therefore, P...
Yogendra Singh Sengar and ors. Vs. the State of Madhya Pradesh, and or ...
Court: Madhya Pradesh Jabalpur
Decided on: Sep-21-2010
1- Claiming salary and modification of the order of reinstatement, petitioners have filed this writ petition and the relief claimed for in paragraph 7.1, of the writ petition, reads as under:"7. Relief sought:(i) It is, therefore, prayed that this Hon'ble Court be kindly pleased to issue a writ of mandamus commanding the respondents to suitably modify the order dated 8.4.2003 so far as it relates to description of the petitioners as contract appointee. The Hon'ble Court be also pleased tocommand the respondents to pay salary to the petitioners intervening the date of order of removal till reinstatement and other consequential benefits as accrued from time to time."2- It is the case of the petitioners that respondent University issued an advertisement vide Annexure P/1, for appointment of Lecturers/Tutors in Physical Education on contract basis. Petitioners applied, and a Selection Committee consisting of four persons as indicated in paragraph 5(iii) of the writ petition, was constitute...
Smt. Pratibha Yadav, anr and. Vs. the State of Madhya Pradesh, and ors ...
Court: Madhya Pradesh Jabalpur
Decided on: Sep-21-2010
1- As the question involved in both these petitions are common and challenge is made to an order-dated 29.8.08, passed by the Commissioner Sagar Division, pertaining to appointment of Panchayat Karmi to Gram Panchayat Kishanpura under Janpad Panchayat Shahgarh in Tehsil Banda, District Sagar, both these petitions are being disposed of by this common order.2- Facts that have come on record, on a perusal of the original records produced by Shri Rajesh Tiwari, learned counsel for the State, indicates that in pursuance to the policy of the State Government dated 19.7.2007, available in the record of W.P.No.10886/2008 as Annexure P/3, the Collector concerned issued instructions to the Gram Panchayat for appointment of a Panchayat Karmi. Accordingly, an advertisement was issued and on the basis of the same three persons applied. They were Shri Munnalal Lodhi - respondent No.7 in W.P.No.10886/08 and petitioner in W.P.No.12755/08; Smt. Pratibha Yadav petitioner in W.P.No.10886/08 and responden...
Om Prakash KoshtA. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-17-2010
1- Challenging the action of the respondents in refusing appointment to the petitioner on compassionate grounds and further contending that the appointment order issued to the petitioner in this regard on 3.12.1998 is not served till date and, therefore, petitioner is entitled to join duties in pursuance to this order of appointment dated 3.12.1998, petitioner has filed this writ petition. It may be taken note of that the writ petition was filed on 28.4.2006.2- Petitioner's father Late Shankar Lal Koshta was working in Matsya Udyog Department as a Driver, and was posted under the administrative control of Joint Director, Jabalpur. He died in harness on 28.6.98. According to the petitioner, after his father's death, petitioner being the eldest son, his mother submitted applications Annexures P/2 and P/3, seeking compassionate appointment. It was stated that the family is in great financial crisis and, therefore, the appointment be granted. According to the petitioner, the departmental a...
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