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Madhya Pradesh Court March 2013 Judgments

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Mar 19 2013

Ajeet Chatruvedi Vs. Smt. Divya Chaturvedi

Court: Madhya Pradesh

Decided on: Mar-19-2013

Cr.R.No.1452/2011 19.3.2013 Shri Manish Tiwari, Advocate along with Shri Satyam Agrawal, counsel for the applicant. Shri Pushpendra Yadav, counsel for the respondent. The applicant has challenged the order dated 27.7.2011 passed by the learned IInd Additional Principal Judge, Bhopal in MJ.No.71/2009 whereby a maintenance of Rs.8000/- per month was granted to the respondent. After considering the submissions made by learned counsel for the parties, it is apparent that the respondent has proved that she has a reason not to reside with the applicant. The applicant has stated before the trial Court that he has moved an application under Section 9 of the Hindu Marriage Act. He did not inform that what was the fate of that application thereafter and therefore, the application under Section 125 of Cr.P.C filed by the respondent does not appear to be a counter blast. The learned Additional Principal Judge, Family Court has rightly observed that the respondent was entitled to get the maintenanc...


Mar 19 2013

M.P.Electricity Board Th.Exe.Eng.and anr Vs. Smt.Ram Kunwar Bai and or ...

Court: Madhya Pradesh

Decided on: Mar-19-2013

F.A. No.348/2004 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava F.A. No.348/2004 APPELLANTS 1 Madhya Pradesh Electricity Board through Executive Engineer, M.P.S.E.B., Sehor (M.P.) 2. Junior Engineer, Madhya Pradesh State Electricity Board, Sub-Station Ahmadpur, Tahsil and District Sehore (M.P.) -Versus- RESPONDENTS:1. Smt. Ram Kunwar Bai w/o Late Ram Plaintiffs Singh 2. Satish s/o Late Ram Singh 3. Naresh s/o Late Ram Singh 4. Ku. Preeti d/o Late Ram Singh 5. Ku. Mouna d/o Late Ram Singh No.2 to 5 are minors through natural guardian mother Smt. Ram Kunwar Bai w/o Late Ram Singh All are residents of village Charnal Tahsil and District Sehore (M.P.) ------------------------------------------------------------------------------------- Shri A.K. Pathak, Advocate for the appellants. Shri Neeraj Vegad, Advocate for the respondents. ------------------------------------------------------------------------------------- JUDGMENT {19032013} Feeling ag...


Mar 19 2013

Shri K.L.Sachdeva Vs. Municipal Corporation

Court: Madhya Pradesh

Decided on: Mar-19-2013

HIGH COURT OF MADHYA PRADESH AT JABALPUR Writ Petition No.5744/2007 K. L. Sachdeva and another..Petitioners Versus Commissioner, Municipal Corporation, Jabalpur, and others..Respondents For the petitioners: Shri Akshat Agrawal, Advocate. For respondent : Shri Anshuman Singh, Advocate. nos.1 and 2 For respondent : None. No.3 ****** Present: HONOURABLE SHRI JUSTICE AJIT SINGH ****** ORDER (19.3.2013) The following order of the Court was delivered by : Ajit Singh, J.By this petition, the petitioners have prayed for quashing of order dated 7.4.2007, Annexure P/1, passed by respondent no.1 Commissioner, Municipal Corporation, Jabalpur, whereby he has cancelled the sanctioned plan for the sixth floor of building.2. Petitioner no.1 is the owner of plot no.874 which is situated at Napier Town, Jabalpur. Its total area is about 43,996 square feet. Petitioner no.1, with an intention to develop the plot, entered into an agreement with petitioner no.2 who is a builder. Thereafter, both of them app...


Mar 19 2013

Pappu Sonkar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-19-2013

Mcr.C.No.438 o19. 03.13 Shri T.N.Dubey, counsel for the applicant. Shri Pramod Chourasia, PL for respondents. Heard on the question of admission. The applicant, one of the co-accused, has filed this petition under section 482 of the Cr.P.C for quashment of the FIR registered as crime No.144/05 at Police Station-Belbagh, Jabalpur against the applicant along with co-accused for the offence of section 147,148,294,506-B and 323 of the IPC. After taking me through the FIR placed on the record, applicant's counsel firstly argued that even after lodging the same in the concerning book under section 154 of the Cr.P.C, the signature of the complainant was not obtained by the SHO. Secondly, he said that the story putforth in the FIR is different then the report in writing which was given by Ram Baba Sonkar the brother of the complainant Shyam Kumar to the Superintendent of Police Jabalpur on 5.3.05. So, in such premises the impugned FIR is not reliable, but in response of some query of the court...


Mar 19 2013

Ashok Kumar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-19-2013

M.Cr.C.No.27/2013 19.3.2013 Shri Y.K.Gupta, Advocate for the applicant. Shri Chandrakant Mishra, GA for the State. This is the fiRs.bail application filed by the applicant under Section 438 of the Cr.P.C.for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.200/2012 registered at P.S.Jabera, District Damoh for the offence punishable under Sections 464, 465 of the IPC read with Section 66 of the IT Act. Learned counsel for the applicant has submitted that applicant is falsely implicated in this case. Except the offence under Section 66 of the IT Act, all the other offences are triable by the Magistrate. It is alleged against the applicant that he manipulated the data in the Laptop (electronic record).Laptop has been seized. Nothing is required to be seized from the possession of the applicant. The applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory ba...


Mar 19 2013

Chairman,mpeb. and ors Vs. Smt.Dhapubai and anr

Court: Madhya Pradesh

Decided on: Mar-19-2013

F.A. No.316/2004 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava F.A. No.316/2004 APPELLANTS 1 Chairman, M.P.E.B. (not M.P.S.E.B.) Shakti Bhawan, Rampur, Jabalpur (M.P.) 2. Superintending Engineer, M.P.E.B. Sehore, Distt. Sehore (M.P.) 3. Executive Engineer, M.P.E.B. Sehore, (M.P.) 4. Junior Engineer, M.P.E.B. Distribution Centre, Kothari, Tahsil Ashta, Distt. Sehore (M.P.) -Versus- RESPONDENTS:1. Smt. Dhapubai w/o Raghunath Plaintiffs Caste Balai, R/o village Kavekhedi P.S. Ashta, Tahsil Ashta, Dist. Sehore 2. State of M.P. through Collector, Sehore (M.P.) ------------------------------------------------------------------------------------- Shri A.K. Pathak, Advocate for the appellants. None for the respondents. ------------------------------------------------------------------------------------- JUDGMENT {19032013} Feeling aggrieved by the judgment and decree dated 7.2.2004 passed by learned Second Additional District Judge (Fast Track Co...


Mar 19 2013

M.P.E.B.Th.Superinteding Eng. and ors Vs. Smt.Shell Rani and ors

Court: Madhya Pradesh

Decided on: Mar-19-2013

F.A. No.158/2004 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava F.A. No.158/2004 APPELLANTS 1 M.P.E.B. Through Superintending Defendants Engineer (T&D) M.P.E.B. Makronia, Sagar 2. M.P.E.B. Through Executive Engineer, Makronia, Sagar 3. State of M.P. through Collector, Sagar. -Versus- RESPONDENTS:1. Smt. Sheel Rani w/o Late Shiv Darshan Plaintiffs Patel, Housewife 2. Roop Singh @ Roop Chand, s/o Late Shri Shiv Darshan Patel, Occupation- Labourer, 3. Ku. Vineeta d/o Late Shiv Darshan Patel 4. Ku. Puna d/o Late Shiv Darshan Patel Respondents 3 and 4 minot All the respondents are residents of village Sihora, Tahsil & District Sagar. ------------------------------------------------------------------------------------- Shri Vivekanand Awasthy, Advocate for the appellants. Shri Sanjay Patel, Advocate for the respondents. ------------------------------------------------------------------------------------- JUDGMENT {19032013} Feeling aggrieved by t...


Mar 19 2013

Surendra Chaturvedi Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-19-2013

1 M.Cr.C.No.9422/2006 M.Cr.C No.9422/2006 19.03.2013 Petitioners by Shri Shivam Singh, Advocate. Shri Punit Shroti, Panel Lawyer for respondent/ State. Present petition has been preferred under section 482 Cr.P.C against the order dated 27/06/2006 passed by Additional Sessions Judge, Beohari, District-Shahdol framing charge under section 504 IPC against the petitioneRs.On 21/07/2003, the deceased Pravita Singh, having felt provoked and insulted by calling her to be ''prostitute'' by the petitioneRs.committed suicide by setting ablaze herself, after pouring kerosene oil. On the basis of aforesaid death of the deceased, prosecution filed a charge sheet under section 306 IPC against the petitioneRs.Vide order dated 28/07/2004, trial court framed charges under sections 306/34 IPC against the petitioneRs.Order of framing of charges has been assailed by the petitioners in this court. Vide order dated 30/06/2005 passed in Criminal Revision No.1318/2004, order of framing of charge under sectio...


Mar 19 2013

Shyam Singh and ors. Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Mar-19-2013

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.1506/1999 Shyam Singh and others VERSUS The State of Madhya Pradesh --------------------------------------------------------------------------- Shri Ashok Chakrawarty, counsel for the applicants. Shri G.S.Thakur, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- ORDER (Passed on the 19th day of March, 2013) The applicants were convicted for the offence punishable under section 147 of IPC and section 3 of Protection of Civil Rights Act (hereinafter it will be referred to as 'The PCR Act') vide judgment dated 19.3.1997 passed by the learned JMFC, Raisen (Shri N.P.Singh) in criminal case No.186/1996 and imposed a fine of Rs.100/- and one month's simple imprisonment for the aforesaid offences respectively upon each of the applicants. In criminal appeal No.37/1997, the learned First Additional Sessions Judge, Raise...


Mar 19 2013

Niranjan Prasad Soni Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-19-2013

M.Cr.C.No.88/2013 M.Cr.C.No.90/2013 19.3.2013 Shri Pushpendra Verma, Advocate for the applicants. Shri Chandrakant Mishra, PL for the State. These are the fiRs.bail applications filed by the applicant under Section 439 of the Cr.P.C.for grant of bail. The applicants are in custody since 16.10.2012 in connection with Crime No.374/2012 registered at P.S.Mada, District Singroli for the offence punishable under sections 294, 323, 506, 302/34 of the IPC. Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. According to the prosecution story, it is alleged that co-accused Aaditya assaulted deceased Lalchand by using sharp edged weapon and the applicants assaulted the deceased by using lathis. As per MLC, the deceased sustained lacerated wounds on his leg. The applicants are in custody and trial would take considerable time to conclude, therefore, they be released on bail. Learned counsel for State has opposed the applications. I have...


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