Madhya Pradesh Court October 2013 Judgments
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Kaushal Kishore Pandey Vs. Bhero Praad Pandey
Court: Madhya Pradesh
Decided on: Oct-09-2013
1 W.P.No.17959 of 2013 9.10.2013 Shri Vijay Shrivastava, counsel for the petitioner. Shri Sanjay Dwivedi, GA for respondent No.7 and 8. He is heard on the question of admission. Petitioner has filed this petition under Article 226 of the Constitution of India for issuing the appropriate writ for the following reliefs :- (a) To call for the entire record from the respondent No.7 with regard filed application by petitioner. (b) To direct to the respondent No.7 and 8 for initiating proceeding according to law. (c ) To direct the respondent No.1 to 6 for not construction illegally the wall in front of the petitioner. (d) To direct respondent No.1 to 6 for not close the petitioner's exit way and water supply NAALI. (e) To direct to respondent No.1 to 6 for not causing hindrance in the petitioner's liberty and life. (f) Any other relief deemed fit and proper may kindly be granted to the petitioner. 2. Having heard the counsel, in the available circumstances of the matter instead to admit or ...
Sarvadharma Grih Nirman Sahkari Sanstha Mydt. Vs. Danish Grih Nirman S ...
Court: Madhya Pradesh
Decided on: Oct-09-2013
S.A.No.689/2013 09/10/2013 Shri Anil Lala, Adv.for the appellant. Shri Imtiyaz Hussain, Adv.for the respondents. Heard on admission. This second appeal has been filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 24.6.2013 passed in Civil Appeal No.149-A/2008 by learned Third Additional Judge to the Court of FiRs.Additional District Judge, Bhopal (M.P.) confirming the judgment and decree dated 13.3.2008 passed in Civil Suit No.36-A/03 by learned Third Civil Judge, Class-I, Bhopal (M.P.).The plaintiff/appellant has filed a suit for permanent injunction claiming a relief that after demarcation of their land bearing Survey No.5/1/1, defendants be restrained from encroaching and making construction over their land. Defendants are owners of the adjacent land. The trial Court issued Commission to ascertain boundaries of land of both parties and after consideration of Commissioners report, plaintiff was not having possession over the suit land on the d...
Omprakash Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1812/2013 Petitioner : Omprakash Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri R.S.Patel, Advocate For the respondent : Shri S.K.Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 2/9/2013 passed by Sessions Judge, Burhanpur in Cr.A. Nos.34/13 whereby the judgment dated 1/2/2013 passed by Judicial Magistrate First Class, Burhanpur, in Criminal Case No.3414/2012 convicting the petitioner under Sections 279, 337, 338 and 304A of the IPC and sentencing him under Section 338 (on 15 counts) to undergo R.I. for 1 year and to pay a fine of Rs.1000/- on each count and under Section 304A (three counts) to undergo R.I. for 2 years and to pa...
Tularam Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1791/2013 Petitioner : Tularam Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri Y.K. Gupta, Advocate For the respondent : Shri S.K. Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 30/8/2013 passed by Additional Sessions Judge, Hata, District Damoh in Cr.A. No.28/2013 whereby the judgment dated 17/6/13 passed by Judicial Magistrate First Class, Hata District-Damoh in Criminal Case No.1166/10 convicting the petitioner under Section 25(1B)(a) of the Arms Act and sentencing him to undergo simple imprisonment for one year with fine of Rs.500/-, was affirmed.2. Prosecution case, in brief, is that on 29/8/10 a 12 bore country made pistol...
Govind Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1800/2013 Petitioner : Govind S/o Ramlal Lauvanshi Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri Narendra Jain, Advocate For the respondent : Shri S.K. Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 12/8/2013 passed by I Additional Sessions Judge, Khandwa, in Cr.A. No.155/13 whereby the judgment dated 15/05/2013 passed by Judicial Magistrate First Class, Khandwa in Criminal Case No.79/97 convicting the petitioner under Section 25(1B)(a) of the Arms Act and sentencing to undergo R.I. for one year and six months and to pay fine of Rs. 300/-, was affirmed.2. Prosecution case, in brief, is that on 16/08/1996 the petitioner was arr...
Satish Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1813/2013 Petitioner : Satish S/o Jugal Kishore Kori Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri D.K.Soni, Advocate For the respondent : Shri S.K.Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 8/8/2013 passed by I Additional Sessions Judge, Narsinghpur in Cr.A. No.93/2012 whereby the judgment dated 8/5/12 passed by Judicial Magistrate First Class, Narsinghpur, in Criminal Case No.798/2007 convicting the petitioner under Section 279 and 304A of the IPC and, in view of Section 71 of IPC, sentencing him only under Section 304A only to undergo R.I. for 1 year and to pay a fine of Rs.500/-, was affirmed.2. Prosecution case, in br...
Ritesh Kumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
CRA No.1531/2008 1 HIGH COURT OF MADHYA PRADESH JABALPUR DIVISION BENCH: Honble Shri Justice A.K. Shrivastava, & Hon'ble Shri Justice G.S. Solanki CRIMINAL APPEAL No.1531/2008 .........Appellant: Ritesh Kumar s/o Ganesh Prasad Limbje, R/o Ward No.3, Shanti Nagar, Balaghat, Police Station Balaghat, District Balaghat (M.P.) Versus .......Respondent : State of Madhya Pradesh through Police Station Kotwali, District Balaghat (M.P.) ------------------------------------------- Shri S.C. Datt, Senior Advocate with Shri Siddharth Datt, Advocate for the appellant. Shri Umesh Pandey, Public Prosecutor for the respondent/ State. ------------------------------------------- JUDGMENT (Delivered on this 9th day of October, 2013) Per Justice A.K. Shrivastava: Feeling aggrieved by the judgment of conviction and order of sentence dated 16.07.2008 passed by learned First CRA No.1531/2008 2 Additional Sessions Judge, Balaghat in Sessions Trial No.145/2006 convicting the appellant under Section 304-B IPC a...
Pankaj Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Criminal Appeal No.2081/2010 9/10/2013 Shri S.C.Datt, Senior Counsel with Shri Siddharth Datt, learned counsel for the appellant. Shri R.S.Shukla, learned Public Prosecutor for the respondent/State. They are heard on I.A.No.22667/13, which is the fourth application for suspension of sentence and grant of bail filed on behalf of appellant Pankaj Sharma. One application was allowed on temporary basis and appellant was enlarged on bail for a limited period on account of pregnancy of his wife. The other two applications were dismissed as withdrawn. Appellant stand convicted for the offence punishable under section 302 of IPC and has been sentenced to suffer Life Imprisonment with fine of Rs.1000/- with default stipulations as mentioned in the impugned judgment. The contention of learned counsel for the appellant is that as per prosecution's own case two hours earlier to the incident, the deceased after consuming the liquor had gone to the house of appellant and quarreled with him as a resu...
Uttam Kumar Kasve Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Criminal Appeal No.1984/2013 9/10/2013 Shri Sharad Verma, Advocate for the appellant. Shri Sameer Chille, GA for the respondent/State. Heard on I.A.No.18537/13, an application for suspension of jail sentence and grant of bail to the appellant. Appellant has been convicted by the trial Court under sections 376, 363, 366-A, 367 of IPC and sentenced to undergo RI for 10 years & fine of Rs.10,000/-, RI for 7 years & fine of Rs.2,000/-, RI for 10 years & fine of Rs.2000/-, RI for 10 years & fine of Rs.2000/- with default stipulations. Learned counsel for the appellant submits that prosecutrix was of the age of consent. No specific evidence has been adduced in regard to her age. She went with this appellant on her own accord and travelled with him more than one village. During that period she had not made any complaint to anyone, in this way, she was a consenting party to the sexual intercourse. The appeal would take considerable time to dispose of finally, hence he prays for suspension of j...
Subhash Kumar Dubey Vs. Principal Secretary the State of Madhya Prades ...
Court: Madhya Pradesh
Decided on: Oct-09-2013
1 Writ Petition No. 14663 Of 2012 9.1.2013 Shri C.L. Patel, learned counsel for the petitioner. Heard. Petitioner, retired Junior Accounts Officer, Health and Family Planning Department, Government of Madhya Pradesh, seeks quashment of communication dated 10.5.2012; whereby, while declining the claim of the petitioner for grant of second Kramonnati Pay Scale of Rs.50008000, the petitioner is also informed that he will not be entitled for special pay of Rs.250 claimed on the anvil of Madhya Pradesh Fundamental Rule 22 D and Rule 10 (2) of M.P. Revision of Pay Rules, 1998. Petitioner was initially appointed on 17.12.1971 as accountant cum clerk. On 27.6.1995 he was promoted to the post of Head Clerk. Thereafter on 5.8.1998 the petitioner got second promotion to the post of Camp Coordinator. The petitioner retired from service on attaining the age of superannuation on 30.6.2008 from the post of Juni...
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