Madhya Pradesh Court September 2010 Judgments
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Shyam Singh. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-17-2010
1. Appellant has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, Seoni in S.T. No.12/94, decided on 9.11.95.2. Appellant has been convicted under Section 376 of IPC for committing rape on a minor girl aged about sixteen years and sentenced to rigorous imprisonment for seven years with fine of Rs.200/-, in default further rigorous imprisonment for two months, by the impugned judgment.3. According to prosecution, on 08.10.93 about 11 'O'clock in the noon at village Poniya, when prosecutrix aged about sixteen years was going to the field of Chintaman to cut the crop alongwith Kiran Bai, Raghan Bai, Kanta and others, appellant met her on the way; appellant was loading bundles of grass on his bicycle. As soon as he saw the prosecutrix, he left his cycle and the bundle of grass, came to her, caught hold of her hand and began abusing and dragging her. Prosecutrix shouted for help, then appellant intimidated her and slapped her. When her compani...
Chandrika Prasad Tiwari. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-17-2010
1. The appellant/plaintiff has directed this appeal under Section 100 of the CPC being aggrieved by the judgment and decree dated 29.7.2008 passed by IVth Additional District Judge Rewa, in regular civil appeal No.78-A/07 upholding the judgment and decree dated 30.4.07 passed by the IVth Civil Judge Class-II, Rewa in Civil Original suit No. 172-A/2006, dismissing his suit for declaration and perpetual injunction filed against the respondent with respect of the revenue land bearing Survey No.553 area 24 dismil situated in village Chhijwar recorded in the name of respondent/State in the revenue record.2. The facts giving rise to this appeal in short are that the appellant herein filed the above mentioned suit against the respondent contending that some partition took place between his fore-father and and fore-father of Ram Prasad. In such partition, besides the other land, the aforesaid land bearing S.N.553 area 24 dismil (old No. 446) was given in the share of his fore-father. As per fu...
Mst.Manwati and ors. Vs. Satyendra Kumar Jaiswal and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-16-2010
1. Being dissatisfied with the award dated 30.11.02 passed by Second Additional Motor Accident Claims Tribunal, Sidhi (in short 'the tribunal') in Claim Case No.62/96, appellants/claimants have preferred this appeal under Section 173 of Motor Vehicle Act, 1988 (for brevity 'the Act').2. Appellants/claimants preferred a claim petition under Section 166 of Motor Vehicle Act before the tribunal seeking compensation to the tune of Rs.5,67,900/- on account of death of Jaichand Sharma in the motor accident. Appellants/claimants are the wife and children of deceased Jaichand Sharma. According to the claimants, on 28.4.89 about 7:30 in the evening when deceased Jaichand Sharma was returning home on his bicycle, respondent no.2 driving the truck No.UHZ-8854 rashly and negligently dashed against him resulting into his death. The offending vehicle belonged to respondent no.1 and was insured with respondent no.5/New India Insurance Co. Deceased Jaichand Sharma was 40 years of age at the time of ac...
Ajju @ Ajay Kumar S/O Chhanga Lehgeer, and anr. Vs. State of Madhya Pr ...
Court: Madhya Pradesh Jabalpur
Decided on: Sep-15-2010
1. Appellants have filed the above appeals against the judgment dated 31.10.2000 passed by Special Judge (Atrocities) Rewa in Sessions Trial No. 100/2000, convicting appellant Ajju @ Ajay Kumar under Section 302 of the Indian Penal Code and appellant Santosh @ Babloo @ Pandit under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 500/-.2. According to prosecution, on 7.3.2000 at about 2.00 P.M., Dilip Choudhary went out of his house to watch T.V. at the house of Brij Kishore. When he reached in front of the house of Mohd. Rahees, he met the accused persons. He asked accused Ajju to arrange for liquor, but Ajju told him that he had no money for purchasing the same. This led to a hot altercation between Dilip and Ajju. Both the accused persons intimidated Dilip and suddenly accused Ajju took out Katta from his waist and pointed at Dilip. When Dilip tried to grab Katta, Ajju fired it. The shot hit Dilip in his abdomen....
Veena Chironji. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-15-2010
1. Learned counsel for petitioners at the outset submitted that this petition has been rendered infructuous and he may be permitted to withdraw it.2. Prayer made by the petitioners is opposed by Shri Shroti, learned counsel for respondent no.2, who submitted that because of ad-interim writ all the petitioners have appeared in the preliminary examination and thereafter they were permitted to appear in the main examination for the selection of Civil Judge. That on the date of examination they were not eligible to appear in the preliminary examination, so their application deserves to be rejected. He has placed reliance to a judgment of Apex Court in Ashok Kumar Sharma and others v. Chander Shekhar and another [(1997) 4 SCC 18] and another judgment of Apex Court in M.A.Murthy v. State of Karnataka and others [(2003) 7 SCC 517]. He has further referred to Rule 7 of the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules 1994 in support of his contention.3. I...
Akanksha Pandey. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-14-2010
1. Shri D.K.Tripathi, counsel for petitioner. Shri Harish Agnihotri, G.A., for respondent nos.1 & 2. Shri Vivek Mourya, counsel for respondent no.4. The petitioner has sought following reliefs in this petition :- "[1] To call for entire relevant record.[1(a)] To declare the Section 8 of the Madhya Pradesh Niji Vyavsayik Shikshan Sansthan (Pravesh Ka Viniyaman Avam Shulk KaNirdharan) Adhiniyam 2007, Act no.21 of 2007" is unconstitutional.[2] To declare the Rule 9 of the Madhya Pradesh Private Medical and Dental Under Graduate Entrance Examination Rules, 2009 is unconstitutional.[3] To direct the respondents to permit the petitioner as open + freedom fighter category in the counseling and the same allot a seat of M.B.B.S., in any private medical college.[4] To pass such any other order as deem fit under the facts and circumstances of the case.[5] Any other relief together cost of the petition which this Hon'ble Court deem fit and proper under the facts and circumstances of this case may ...
Roopchand Jain. Vs. Madhya Pradesh Rajya Krishi.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-10-2010
1. Shri Amit Singh, counsel for the petitioner. Shri Sudesh Varma, Govt. Advocate for State. This petition is directed against orders Annexures P/4 and P/5 ( two in numbers) dated 22.5.2010, 8.7.2010 and 8.7.2010 by which the petitioner has been directed to furnish royalty receipts in respect of the mineral used by the petitioner in three contracts. From the perusal of the file, we find that three orders of different contracts are under challenge in this petition. The learned counsel for the petitioner submitted that during the course of the day additional court fee in the petition shall be paid by the petitioner. Prayer is allowed.2. By the impugned orders, respondent no.1 has demanded royalty receipt from the petitioner in respect of various works which were completed by the petitioner under the respondents. It is submitted by the counsel for the petitioner that the controversy involved in this case is squarely covered by a decision of this Court in W.P.No.9167/2010 and similar direc...
Smt. Jyoti Bangde. Vs. Shri Sanjay Bangde.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-10-2010
1. This petition is preferred by the applicant/wife under section 24 of the CPC for transferring the Civil Original Suit No.61-A/09 filed by the respondent/husband under section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 in the Family Court Sagar, from such Court to the competent court at Bhopal. It is noted that on earlier occasion, M.C.C No.1036/09 was also filed on behalf of the applicant in this regard but the same was dismissed as withdrawn by extending liberty to the applicant to file the fresh petition by mentioning the additional and elaborate facts vide order dated 6.10.09. Accordingly, on earlier occasion, no such petition has been decided on merits. In such circumstances, the same is being decided on merits.2. The facts giving rise to this petition are that the respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 for decree of divorce ...
Uday Kumar Yadav. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-09-2010
1- Challenging the action of the respondents in rejecting the claim for compassionate appointment of the petitioner vide orders Annexures P/1 and P/2 dated 25.10.2007 and 30.7.2007 respectively, petitioner has filed this writ petition. It is the case of the petitioner that the matter was kept pending by the Department and now on the ground of non-entitlement of the petitioner after the period of seven years, as per the policy existing, the claim is rejected, which is unsustainable.2- Petitioner's father Late Shri Jagdish Chandra Yadav was working as a Revenue Inspector in Bhopal, he died in harness on 16.7.1997. His mother filed an application seeking compassionate appointment for the petitioner on 14.10.1997. Petitioner was a minor at that point of time and, therefore, could not be granted appointment. It was only in the year 1998 that is on 3.8.1998, that the petitioner became a major. Thereafter, his mother again submitted an application seeking appointment. The petitioner wanted ap...
Baboolal S/O Padam Singh. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Sep-09-2010
1/ Learned Sessions Judge, Sehore has passed the impugned judgment dated 18.5.1994 in S.T.No.270 of 1992 by which the appellant/accused has been convicted under Section 457 read with Section 511 and Section 325 of the Indian Penal Code and sentenced him to undergo R.I. of two years with fine of Rs.200/-, R.I. of two years with fine of Rs.500/- with default stipulation respectively.2/ Being aggrieved, the appellant/accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure. 3/ It is undisputed that appellant/accused primarily tried by Judicial Magistrate First Class and at the defense stage, learned Magistrate found that offense under Section 459 of the I.P.C. is exclusively triable by the court of sessions. Therefore, he committed the case to the court of sessions vide committal order dated 30.9.1992. It is also undisputed that complainant, Jalam Singh died during pendency of this appeal and legal representatives of Jalam Singh and appellant/accused enter...
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