Madhya Pradesh Court April 2011 Judgments
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Shyambabu Yadav Vs. State of M.P
Court: Madhya Pradesh
Decided on: Apr-19-2011
(1). Being aggrieved by the judgment of conviction and sentence dated 18 th June, 2010 passed in Criminal Appeal No. 200/2008 by the Sessions Judge Vidisha (M.P.) thereby the Appellate court confirmed the judgment of conviction and sentence dated 12 th August 2008 passed in Criminal Case No.616/2004 by the Chief Judicial Magistrate Vidisha, maintaining the conviction of the petitioner/accused for commission of offence under Section 327 of I.P.C. and sentence of 5 years' rigorous imprisonment with fine of Rs. 5000/- and in default to serve six months' additional rigorous imprisonment and also conviction under Section 332 of I.P.C. and sentence of three years' rigorous imprisonment with fine of Rs. 3000/- and in default to serve four months' additonal rigorous imprisonment, the petitioner has preferred present criminal revision under Section 397/401 of the Code of Criminal Procedure 1973. (2) The facts, just for the decision of this revision, are that on 12 th May 2004 at around 3 p.m., ...
Bhagwati Bai Yadav. Vs. Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2011
1. Shri Pradeep Batra, learned counsel for the petitioner. 2. Petitioner by way of this petition under Article 226 of the Constitution of India seeks direction to the respondents/Collector, Harda and Chief Municipal officer, Nagar Palika Parishad, Harda, not to dispossess/interfere with the possession of the petitioner over the land in question. The petitioner also claims compensation of Rs. 5,00,000/- in lieu of alleged illegal demolition of the house of the petitioner. 3. Petitioner claims her to be the legal heir of one late Thakur Guljar Singh, who was freedom fighter and was in possession of land admeasuring 200 ft. x 200 ft. = 40,000 sq. ft. situated near Harda city veterinary hospital in Ward No. 17, Harda, whereon certain construction was raised by him and was named as Guljar Bhawan. 4. It is the contention of the petitioner that she is residing along with her family in the constructed building since last 50 years and after the death of late Thakur Guljar Singh her husband prio...
Smt. Mamta Shukla Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Apr-18-2011
1. On a reference by the learned Single Judge, Hon'ble the Chief Justice has constituted this Full Bench to answer the following reference: “(i) Whether the decision of the Division Bench in W.A.No.725/2007(Smt. Rahisha Begum v. State of M.P. & Others) is not a good law in view of the decision of the earlier Division Bench of this Court vide order dated 18-7-2005, passed in W.P.No.1273/2000 (State of M.P. and Others v. Ram Singh and another) (ii) Whether an employee is eligible for the benefit of family pension in accordance with the provisions of Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 after completing qualifying service in accordance with the provisions of Recruitment Rules framed by the concerned Department for work charged and contingency paid employees or in accordance with the definition of Rule 2 of Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 in regard to “contingency paid e...
Umesh Kumar Tiwari Vs. State of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Apr-15-2011
1. Shri K.C.Ghildiyal, learned counsel for the appellant. Shri Kumaresh Pathak, learned Deputy Advocate General for respondents no.1 and 2. 2. Shri Mohammad Nasir, learned counsel for the respondent no.4. This intra court appeal is preferred under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, against the order of the learned Single Judge dated 15.2.2011 passed in Writ Petition No.6760/2010 whereby the writ petition preferred by the petitioner was dismissed. 3. We have heard learned counsel for the parties. 4. The facts leading to filing of the instant appeal, briefly stated, are that the appellant who is working as Chief Municipal Officer Grade A in Rewa, has been transferred vide order dated 7.5.2010, annexure P/10, from District Rewa to the post of Project Officer, District Urban Development Agency, Chhattarpur, and in his place the respondent no.4 is being posted. 5. The appellant being aggrieved by the order of transfer preferred the writ p...
Satish Kumar Verma Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-15-2011
1. In the present Public Interest Litigation grievance has been made that religious structures have been illegally constructed on the public lands, including public roads, and this Court by order dated 9.12.2005 has already directed the District Authorities (arraigned as respondents) to remove such religious structures particularly from public roads and keep on reporting compliance from time to time once in every month by an affidavit of the Collector, Jabalpur. 2. Report dated 18.3.2011 submitted by respondent no.6 indicates that as on that date 426 various religious structures have been removed from different locations of Jabalpur town. The District Authorities, in continuance of this drive, have served notices to the managements of Shri Sai Mandir, South Civil Lines, Jabalpur, and Shiv Shakti Durga Mandir, Civil Lines, Jabalpur, for the removal of their religious structures. On receiving the notices, I.A. Nos.14684/2010 and 14667/2010 for intervention were filed on behalf of these t...
Wahid Siddiqui Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2011
1. Petitioners/ accused filed this revision petition under section 397/401 of the Code of Criminal Procedure being aggrieved by the impugned order dated 29.10.2010 passed by Special Judicial Magistrate (State EOIB), Jabalpur whereby he dismissed the application of petitioners / accused filed under section 167(2) of Cr.P.C. 2. The facts, giving rise to this petition, are that the petitioners/accused are in custody since 25.08.2010 in connection with Crime No. 271/2010 registered at policestation Madan Mahal, Jabalpur under sections 420, 467, 468, 406, 409, 471 and 120-B of IPC. They completed their 602 days of custody on 24.10.2010. Since the petitioners/accused are neither bank employees nor Government/Civil servant, therefore, there is no question of having committed any offence under Section 409 of IPC. It is also pleaded that they did not forge any documents or use such document as genuine or valuable security and therefore they cannot be said to have committed any offence under sec...
Madan, Son of Sumant Soni and ors. Vs. State of M.P., Through Sho, Pol ...
Court: Madhya Pradesh
Decided on: Apr-15-2011
1. This appeal has been preferred against the judgment-dated 14/12/2007 passed by the Second Additional Sessions Judge, Damoh in S.T. No.10/2007, whereby each one of the appellants, though charged with the offence punishable under Section 302 and in the alternative 302 read with 34 of the IPC, was convicted under Section 304 Part I read with S.34 of the IPC and sentenced to undergo R.I. for 11 years and to pay fine of Rs.5000/- and in default, to suffer R.I. for 6 months.2. Prosecution story, in short, may be narrated thus - (i) At the relevant point of time, Sharda Prasad (since deceased) was residing in Village Sunpura. In that village, his agricultural land as well as land belonging to Madan (for short “A1”) were contiguously situated. (ii) On 3/11/2006, A1 tried to drive his tractor through the field of Sharda who, in turn, objected to this by saying that passing of the vehicle would cause damage to the pipes laid by him. This led to an altercation and in the course of ...
Sumat Kumar Saxena Vs. Shri Indraneel Shankar Dani
Court: Madhya Pradesh
Decided on: Apr-15-2011
1. Shri Ajay Dwivedi, Counsel for the petitioners. Shri P.K. Kaurav with Shri Pranay Choubey for the respondents. 2. Learned counsel appearing for the respondents submitted that against an order dated 11.3.2011 in this petition and also in R.P.No.242/09, S.L.P. has been preferred on 13.4.2011 and 15.4.2011 i.e. today and prays for 15 days time to obtain interim order from the Apex Court. 3. From the perusal of the record it reveals that on 11.3.2011 this Court passed an order which reads thus :- “Shri D.K.Agarwal, counsel for petitioners. Shri Samdarshi Tiwari, G.A., for State. By order dated 28.1.2011 this Court directed thus :- “28.1.2011. Shri D.K.Agrawal, counsel for the applicants. 4. Shri Samdarshi Tiwari, Govt. Advocate for the State. 5. No affidavit is filed by the State in respect of the factual position that any SLP has been preferred in the present case. 6. Shri Tiwari prays a week's time in this regard to ascertain factual position but the prayer is opposed by t...
Sanjay JaIn (B.L.Jain), and ors. Vs. Achal Kumar Bhatia, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Apr-13-2011
1. Being aggrieved by the Judgment and decree dated 31.7.1995 in Civil Suit No. 85-A of 1995 passed by 9th Additional District Judge, Jabalpur by which the plaintiffs have been declared to be the owners of the house in dispute and defendants have been directed to pay mesne profits of Rs. 2,200/- per month to plaintiffs, defendants No. 1 and 3 to 13 have preferred this appeal under Section 96 of the Code of Civil Procedure.2. It is not in dispute that Dwarkadas Bhatia was the owner of House situated at Lordganj, Jabalpur. The plaintiffs are his heirs. It was a big house. It is not disputed that house of Dwarkadas Bhatia was auctioned in two parts; one part in Civil Suit No. 39-B/48, which was purchased by Gyanchand on 27.6.1951, sale was confirmed on 18.10.1951 and thereafter, sale certificate was issued on 16.1.1952 by First Civil Judge Class II, Jabalpur. Second part of the house was auctioned on 16.11.1953, sale was confirmed on 24.3.1954 and thereafter sale certificate was issued in...
Rajendra Patil and Others. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Apr-11-2011
(1) This petition under Section 482 of Cr.P.C.(hereinafter referred to "the Code") has been filed by the petitioners to invoke the extra ordinary powers of this Court to quash First Information Report ( FIR) in connection with Crime No.389/2010 registered at Police Station- Kotwali Seoni, District- Seoni for alleged offence under Sections 420, 467, 468, 469, 471, 120-B/34 of IPC and also the subsequent proceedings. (2) Undisputed facts of the case are that petitioners No.1 to 3 i.e. Rajendra Patil, Smt. Vidya Mhatre and Preeti Kadam are purchasers and petitioner no.4 Rahul Shelar is power of attorney holder on behalf of petitioners no 2 and 3 for the purchase of certain lands situated at village Dargada Tehsil Lakhanandaun district Seoni belonging to complainant Laxman Singh Sirvaiya by registered sale-deed in the month of February 2010.(3) In brief, the case of the police is that one Laxman Singh Sirvaiya lodged a report at Police Station Kotwali Seoni, District Seoni on 19.7.2010 (16...
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