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Madhya Pradesh Court October 2013 Judgments

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Oct 01 2013

The State of Madhya Pradesh Vs. Preetam

Court: Madhya Pradesh

Decided on: Oct-01-2013

M.Cr.C.No.6907/2011 1.10.13 Per B.D.Rathi,J Shri Vijay Pandey, Dy. Advocate General for the applicant-State. Heard on admission. This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as the Code) being aggrieved with the judgment dated 19/3/2011 passed by Special Sessions Judge, Damoh in Sessions Trial No.156/2009, whereby respondents Preetam and Makhan have been acquitted of the offences punishable under Sections 376(2)(g) and 302 read with 34 of the Indian Penal Code (IPC for short).whereas co-accused Lekhram has been convicted under Sections 376(1) and 302 of the IPC and sentenced accordingly, against which Cr.A.No.949/11 has been preferred by him. Prosecution case, in brief, is that on 17/1/2009 at about 3 p.m., in furtherance of their common intention, respondents not only subjected the victim to rape, but, also strangulated her to death. Learned Dy. Advocate General submitted that the trial...


Oct 01 2013

Savita Bai Vs. Prahlad

Court: Madhya Pradesh

Decided on: Oct-01-2013

HIGH COURT OF MADHYA PRADESH JABALPUR M.Cr.C. No.7660/2005 Savita Bai Vs. Prahlad ---------------------------------------------------------------------------------- Present : Hon'ble Shri Justice N.K. Gupta. ---------------------------------------------------------------------------------- Name of counsel for the parties: Shri P.D. Gupta, counsel for the applicant. Shri Ramesh Tamrakar, counsel for the respondent. ----------------------------------------------------------------------------------------------------- ORDER (Passed on 1st day of October, 2013) The applicant has filed the present petition under Section 482 of Cr.P.C. against the order dated 12.7.2004 passed by the Judicial Magistrate First Class, Gadarwara in M.Cr.C. No.94/02, whereby the maintenance application filed by the applicant was dismissed. The applicant has also challenged the order dated 1.8.2005 passed by the learned Additional Sessions Judge, Gadarwara in Criminal Revision No.16/05, whereby her revision against...


Oct 01 2013

Naresh Kumar Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Oct-01-2013

1 Cr.A. No.494 of 1998 HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH: HONBLE SHRI JUSTICE SUBHASH KAKADE CRIMINAL APPEAL NO.494 of 1998 APPELLANT : Naresh Kumar S/o Ram Das Barman, aged about 22 years, R/o Baldar Mohalla, Khalwara Bazar, P.S. Kymore, Distt. Jabalpur (M.P.). Versus RESPONDENT : State of Madhya Pradesh, through the Station House Officer, Police Station Kymore, District Jabalpur (M.P.) --------------------------------------------------------------------------------- Shri Pramod Kumar Chourasiya, Advocate for the appellant. Shri Samdarshi Tiwari, Govt. Advocate for the respondent /State --------------------------------------------------------------------------------- Judgment reserved on:26. 07.2013 Judgment delivered on:01. 10.2013 (JUDGMENT) By means of filing the present appeal under Section 374 of the Code of Criminal Procedure, 1973, appellant Naresh Kumar has assailed the order of conviction dated 19.01.1998 passed by the Second Additional Sessions Judge Mudw...


Oct 01 2013

Smt. Shanti Jaiswal Vs. Indralal

Court: Madhya Pradesh

Decided on: Oct-01-2013

Writ Petition No.959/2013 (I) 01.10.2013 Shri Amod Gupta, learned counsel for the petitioneRs.decree holdeRs.Shri K.S.Jha, learned counsel for respondent Nos.1, 3 and 4- judgment debtor. None for respondent Nos.2 and 3, although served. The petitioneRs.decree holders have filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 11.12.2012, passed by the Civil Judge Class-II, Teonthar, district Rewa in Execution Case No.67-A/93x97-11 whereby the execution proceeding filed by the present petitioners to execute the decree dated 14.10.1996, passed by Civil Judge, Class-II, Teonthar in Co.No.67- A/93 has been dismissed at the initial stage holding that the measurement of the encroached disputed area has been stated in the scale of hand in the annexed map with the decree and on the basis of such scale of measurement the impugned decree could not be executed. The petitioneRs.counsel after taking me through the averments of the petition as well as p...


Oct 01 2013

Sudesh Kumar Mehta Vs. Public Works Department

Court: Madhya Pradesh

Decided on: Oct-01-2013

HIGH COURT OF MADHYA PRADESH: JABALPUR Writ Petition No.15372 of 2005 Sudesh Kumar Mehta Versus Public Works Department, Satpura Bhawan, Bhopal and three others ___________________________________________________ Shri Shashank Verma, learned counsel for the petitioner. Shri S.M.Lal, learned Govt. Advocate, for the respondents. ___________________________________________________ PRESENT : Honble Shri R.S. Jha, J.: ORDER (01-10-2013) The petitioner has filed this petition praying for a relief of quashing notices of recovery, dated 14-9-1992 (Annexure P-5), 10-12-1992 (Annexure P-6) and 6-11-2005 (Annexure P-7).2. The brief facts leading to filing of the present petition are that the petitioner was awarded a contract for constructing a building in the year 1986. The work allotted to the petitioner was required to be completed in the year 1989. The dispute arose on account of the fact when the work was not completed within the stipulated period. The respondents consequently terminated -( 2...


Oct 01 2013

S.P.Singh Vs. Union of India

Court: Madhya Pradesh

Decided on: Oct-01-2013

1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR W.P. No.11565/2007 (s) S. P. Singh & two others Vs. Union of India and others Present: Honble Shri Rajendra Menon, J.& Hon'ble Mrs. Vimla Jain, J.______________________________________________________ Smt. Shobha Menon, learned Senior Counsel with Ms. Surbhi Ahirkar, for the petitioners. Shri Atul Choudhary, learned counsel for the respondents. __________________________________________________ ORDER ( 1102013 ) Per : Shri Rajendra Menon, J.Challenging the order dated 20th August, 2007 passed by the Central Administrative Tribunal, Bench Jabalpur, in O.A. No.167/2007 and O.A. No.175/2007 Annexure P/1, this writ petition has been filed by the petitioners.2. Petitioners herein are working in the establishment of West Central Railway and are posted in various places as are indicated in the cause title. They were candidates who had participated in a Departmental Examination conducted by the 2 Railway Administration on 11.6.2005. Th...


Oct 01 2013

G.D.Agrawal Vs. Chief General Manager, State Bank of India

Court: Madhya Pradesh

Decided on: Oct-01-2013

1 HIGH COURT OF MADHYA PRADESH : JABALPUR. Writ Petition No.10031/2009 G.D. Agrawal Vs. Chief General Manager and others PRESENT : Honble Shri Justice K.K. Trivedi. J.Shri B.P. Sharma, learned counsel for the petitioner. Shri Piyush Dharmadhikar and Shri G.P. Dubey, learned counsel for the respondents. ORDER (01.10.2013) Initially the petition was filed challenging the validity of the recovery started against the petitioner by the respondents vide order dated 30 th April, 2009 wherein it was directed that a recovery of Rs.2,535/- per month was to be done from the pension of the petitioner for an amount of Rs.53,225/-, said to be paid in excess as provident fund amount, to the petitioner at the time of retirement. It was contended by the petitioner that such an order could not have been issued in the manner it was and a representation against such an action was filed which was pending consideration. A return was filed by the respondents contending that the petitioner had withdrawn an am...


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