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Madhya Pradesh Court March 2013 Judgments

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Mar 21 2013

Chairman, M.P.State Electricity Board, Vs. Smt. Kapura Bai

Court: Madhya Pradesh

Decided on: Mar-21-2013

F.A. No.253/2009 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava F.A. No.253/2009 APPELLANTS 1 The Chairman, M.P. State Defendants Electricity Board, Shakti Bhawan, Rampur, Jabalpur (M.P.) 2. Divisional Executive Engineer, M.P. Electricity Division Office, Balaghat.3. Assistant Engineer/ Incharge Officer, M.P. State Electricity Board, Balaghat, Tahsil & District Balaghat.4. Secretary, M.P. Purva Kshetra Vidyut Vitaran Company Ltd., Balaghat. -Versus- RESPONDENT : Smt. Kapura Bai w/o Late Tejlal, Plaintiff R/o Nevargaon, Tah., District Balaghat ------------------------------------------------------------------------------------- Shri Vivek Rusia, Advocate for the appellants. Shri Paritosh Trivedi, Advocate for the respondent. ------------------------------------------------------------------------------------- JUDGMENT {21032013} Feeling aggrieved by the judgment and decree dated 3.2.2009 passed by learned District Judge, Balaghat in Civil Su...


Mar 21 2013

M.P.State Electricity Board Vs. Kanhaiyalal

Court: Madhya Pradesh

Decided on: Mar-21-2013

F.A. No.265/2009 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava F.A. No.265/2009 APPELLANTS 1 M.P. State Electricity Board through Chairman, MPSEB, Rampur, Jabalpur 2. Divisional Executive Engineer (O&M) Division, MPPKVVCL, Station Road, Gadarwara, Tehsil Gadarwara, District Narsinghpur 3. Junior Engineer, M.P. Purva Kshetra Vidyut Vitaran Co. Ltd, Gram Kaudiya, Tehsil Gadarwara, Dist.Narsinghpur -Versus- RESPONDENTS:1. Kanhaiyalal s/o Kodulal Kushwaha Plaintiffs R/o Gram Paloha Bada, Tehsil Gadarwara, Dist. Narsinghpur (M.P.) 2. Shakun Bai w/o Kanhaiyalal Kushwaha, R/o Gram Paloha Bada, Tehsil Gadarwara, Dist. Narsinghpur (M.P.) 3. Collector, Distt. Narsinghpur (M.P.) ------------------------------------------------------------------------------------- Shri Vivek Rusia, Advocate for the appellants. Shri Nitin Agrawal, Advocate for the respondents 1 and 2. Sushri Pratibha Mishra, Panel Lawyer for the respondent No.3/State. -----------------...


Mar 21 2013

Mahendra Yadav Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-21-2013

CRR No.2030/2012 Criminal Revision No.2030/2012 21.3.2013 Shri Sharad Verma, counsel for the applicant. Shri Prakash Gupta, Panel Lawyer for the State/respondent. As prayed by the learned counsel for the parties, matter is heard finally. The applicant has challenged the order dated 3.8.2011 passed by the learned FiRs.Additional Sessions Judge, Sagar in S.T.No.391/2010, whereby the charges of offence punishable under sections 420/34, 467/34 and 468/120-B of IPC were framed against the applicant. The prosecution's case, in short, is that, one Sohagrani shown herself to be a widow and applied for grant of a sum of Rs.10,000/- according to the scheme of the State Government namely Rashtriya Pariwar Sahayata Yojana. It was found that the cheque was issued by the applicant being Chairperson of Nagar Panchayat Shahpur. Ultimately, it was found that Sohagrani was not a widow and her husband was alive and therefore, an FIR was lodged by CMO Shri J.P.Sen and a case was registered against as many...


Mar 21 2013

Akhilesh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-21-2013

M.Cr.C.No.155/2013 21.3.2013 Shri Ajay Gupta, Advocate for the applicant. Shri Akhilendra Singh, GA for the State. This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail. The applicant is in custody since 19.5.2012 in connection with Crime No.233/2012 registered at P.S.Berasia, District Bhopal for the offence punishable under Sections 304-B and 34 of the IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is the husband of deceased Mamta Kushwaha. Their marriage was solemnized on 17.1.2012. According to the prosecution itself, the deceased lived in her matrimonial house only for two days, thereafter, she was admitted in Berasia Hospital on 20.1.2012 as she was suffering with severe diabetes and her sugar level was 580. Ultimately, she died during treatment on 1.2.2012, thereafter, the applicant and his family members have been falsely implicated by the parents of the deceased....


Mar 21 2013

Smt. Janki Bai Vs. Harishchand

Court: Madhya Pradesh

Decided on: Mar-21-2013

1 S.A No.1245/2011 Smt. Janki Bai & ORS.versus Harishchand 21.03.2013 Shri Atulanand Awasthy learned counsel for the appellants. Shri Aditya Sharma learned counsel for the respondent. Heard the learned counsel for the parties on the question of admission and I.A No.14738/2011. This Second Appeal has been filed by the appellants being aggrieved by judgment and decree dated 26.11.2011 passed by the Second Additional District Judge, Sehora, District Jabalpur, in Civil Appeal No.4-A/2000, new number 32-A/2011, whereby the appeal filed by the appellants has been dismissed by rejecting the application filed by the appellants under section 5 of the Limitation Act. It is submitted by the learned counsel for the appellants that the respondent/plaintiff had filed a suit for eviction against the appellants which was decreed by judgment and decree dated 15.1.2000 passed by the Second Civil Judge Class-II Sehora. The appellants, being aggrieved, had filed a FiRs.Appeal against the said judgment and...


Mar 21 2013

Amarlal and anr. Vs. Smt.Shyamabai and ors.

Court: Madhya Pradesh

Decided on: Mar-21-2013

1 HIGH COURT OF MADHYA PRADESH : JABALPUR Second Appeal No.918/1997 Amarlal and another Vs. Smt. Shyamabai and others Present : Honble Mr. Justice R.S. Jha. For the appellants : Shri Umesh Trivedi, advocate. For the respondents : None. JUDGMENT (21.03.2013) This appeal has been filed by the appellants being aggrieved by the judgment and decree dated 12.08.1997 passed in Civil Appeal No.17-A/96 by the District Judge, Chhindwara whereby the judgment and decree dated 05.02.1996 passed in C.S. No.18-A/95 by the Civil Judge Class-I, Amarwada District Chhindwara has been affirmed and confirmed.2. The brief facts leading to the filing of the present appeal are that the plaintiffs/appellants filed a suit for declaration and possession in respect of 7.95 acres of land comprised in Khasra nos. 59,60 and 251 of village Pipariyagumani, Tahsil Amarwada District Chhindwara which it was alleged, had been purchased by them through a registered sale deed dated 11.07.1962 from the original owner Hariram...


Mar 21 2013

Babulal and ors. Vs. Natthi Bai and ors.

Court: Madhya Pradesh

Decided on: Mar-21-2013

-( 1 )- Second Appeal No.846/1997 HIGH COURT OF MADHYA PRADESH: JABALPUR Second Appeal No.846 / 1997 Babulal & another Versus Natthibai & another ______________________________________________ Shri T.S.Ruprah, learned senior counsel with Shri Harpreet Ruprah, for the appellants/defendants. Shri V.K.Jain, learned counsel for the respondents/plaintiffs. ______________________________________________ PRESENT : Honble Shri R.S. Jha, J.: JUDGMENT (21-03-2013) This appeal has been filed by the appellants/defendants being aggrieved by the judgment and decree dated 23-7-1997 passed by the 2nd Additional District Judge, Sagar (Camp Khuai), in C.A. No.11- A/1997, wherein the judgment and decree dated 29-11-1990 passed by the Civil Judge Class-I, Khurai, District Sagar, in C.S.No.72-A/1986 has been partly set aside and the claim in the suit for partition to the extent of the rights claimed by Bhagwan Singh, respondent No.2, has been decreed.2. The brief facts leading to the filing of the present ...


Mar 21 2013

M.P.State Electricity Board Vs. Smt.Savitri Bai

Court: Madhya Pradesh

Decided on: Mar-21-2013

F.A. No.352/2006 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava F.A. No.352/2006 APPELLANTS 1 M.P. State Electricity Board Defendants (M.P. Poorva Kshetra Vidyut Vitaran Co. Ltd.) Through Chairman, Rampur, Jabalpur 2. The Executive Engineer (O&M), M.P. State Electricity Board, Mandla 3. Sub Engineer, M.P. State Electricity Board, Bamhani Banjar, Distt. Mandla -Versus- RESPONDENT:1. Smt. Savitri Bai Plaintiff d/o Shri Dumar Singh, Caste: Gond, (Minor) through her Dumar Singh, s/o Ramalal Gond, R/o Gram Tatari, Police Station Khatiya, Tahsil & Distt. Mandla.2. State of M.P. through Collector, Mandla ------------------------------------------------------------------------------------- Shri Vivek Rusia, Advocate for the appellants. Shri Sanjay Patel, Advocate for the respondent No.1. Sushri Pratibha Mishra, Panel Lawyer for the respondent No.2/State. ------------------------------------------------------------------------------------- JUDGMENT ...


Mar 21 2013

Smt.Krishna Pathak Vs. Vijay Kumar Pathak

Court: Madhya Pradesh

Decided on: Mar-21-2013

Cr.R.No.242/2009 21.3.2013 Shri A.P.Singh, counsel for the applicants. Shri Manot Patel, counsel for the respondent. The applicants have challenged the order dated 19.6.2008 passed by the learned Additional Principal Judge, Family Court, Bhopal in MJ.No.42/2007 whereby a maintenance of Rs.1000/- was granted to the applicant no.2 but the maintenance application of the applicant no.1 was dismissed. The facts of the case in short are that, the applicant no.1 was married with the respondent. Some dispute between the parties arose during their life time after marriage. It is apparent, that since November 2006 the applicant no.1 was residing away from the respondent. She has moved an application under Section 125 of the C.P.C in the month of May, 2007. Again a second application was filed in the month of March 2008 for grant of maintenance. The respondent denied all the allegations. After considering the evidence adduced by the learned counsel for the parties, the learned Additional Principa...


Mar 21 2013

Sanjay Kumar Andhwan Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-21-2013

M.Cr.C.No.14595/2012 21/03/2013 Shri M.K.Rajak, Advocate for the applicant. Shri S.K.Chaturvedi, Advocate for the respondent /SPE. Heard finally. This is the fiRs.application filed by applicant under Section 438 of the Cr.P.C for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No.12/11, registered at police station Special Police Establishment Lokayukt, District Bhopal for the offence punishable under sections 13 (1) (c ) & 13 (1) (d) of Prevention of Corruption Act. Learned counsel for the applicant submits that applicant has been falsely implicated in this case. It is further submitted that during investigation all the required documents have already been seized by the prosecution agency. Applicant has no criminal past. He is ready to cooperate in further investigation. Applicant is reputed person of the society and in the event of arrest his reputation will be tarnished therefore, he prays for grant of anticipatory bail to the applicant. Lea...


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