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Madhya Pradesh Court April 2013 Judgments

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Apr 25 2013

Har Prasad Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Apr-25-2013

CRR No.359/1999 1 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava CRIMINAL REVISION No.359/1999 Applicant: Harprasad s/o Peeru Chamar, R/o Village : Kolua-Semra, P.S. Naryawali, Tehsil and District Sagar (M.P.) Versus Respondent : State of Madhya Pradesh --------------------------------------------- Shri Sharad Verma, Advocate for the applicant. Shri Pushpraj Singh, Public Prosecutor for the respondent- State. --------------------------------------------- ORDER (Delivered on this 25th day of April, 2013) Feeling aggrieved by the judgment dated 23.2.1999 passed by learned Sessions Judge, Sagar in Criminal Appeal No.189/1998 thereby affirming the judgment of conviction and order of sentence dated 28.9.1998 passed by learned Judicial Magistrate, First Class, Sagar in Criminal Case No.594/1996 convicting the applicant under Section 49-A(1)(a) of the M.P. Excise Act, 1915 and thereby sentencing him to suffer R.I. for 1 year and to pay fine of Rs.1,00...


Apr 25 2013

Kallu @ Devendra Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Apr-25-2013

1 Cr.A. No.828 of 2000 Cr.A. No.956 of 2000 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH: HONBLE SHRI JUSTICE RAKESH SAKSENA HONBLE SHRI JUSTICE SUBHASH KAKADE CRIMINAL APPEAL NO.828 of 2000 APPELLANT: Kallu @ Devendra S/o Ramraj, Aged- about 19 years, Caste Kori, R/o- H.No.27, Near the house of Hukumchand Prajapati, Chandwar, Thana Station Bajaria, Bhopal Versus RESPONDENT: The State of Madhya Pradesh and CRIMINAL APPEAL NO.956 of 2000 APPELLANT: Durga Singh S/o Devi Singh, Aged- about 20 years, Caste Chouhan, R/o- H.No.7, Near Cloth Mill Gate, Near the house of Hukumchand Prajapati, Thana Station Bajaria, Bhopal Versus RESPONDENT: The State of Madhya Pradesh Through Police Station Govindpura, Bhopal --------------------------------------------------------------------------------------------- For the Appellants : Shri Ghanshyam Pandey, Learned Counsel For the Respondent/State: Shri Amit Pandey, Learned Penal Lawyer -----------------------------------------------------------...


Apr 25 2013

Jagdish Prasd Namdeo Vs. Kailash Yadav

Court: Madhya Pradesh

Decided on: Apr-25-2013

MA No.2907.07 Misc. Appeal No.2907 o25. 04/2013 Shri Paritosh Trivedi, learned counsel for the appellant. None for the respondents. Heard. This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 25-04-2007 passed in Claim Case No.95/2005. Claim Case under section 166 by the appellant was for compensation in lieu of injuries sustained on 30- 06-2005 when the Tempo Trax bearing registration not MP 20-H-7375 on which he was travelling, met with an accident at Dada Dhaniram Ward, Police Station Maharajpur, district Mandla, met with an accident due to rash and negligent driving. Though pleaded that he received grievous injuries on ribs, throat, spinal cord, left leg and ears and had broken tooth and was permanently disabled; however, in absence of cogent evidence the Claims Tribunal found that it was only simple injuries which the claimant had sustained. The evidence of doctor (P.W.2) and the certificate of disability (Ex. P/5) issued after two year...


Apr 25 2013

Shri Ganesh Mineral and Refractories 72 Industrial Estate Vs. the Stat ...

Court: Madhya Pradesh

Decided on: Apr-25-2013

1 W.P.No.4694/2013 Shri Ganesh Mineral & Refractories State of M.P.& others 25.4.2013 Shri Mukesh Kumar Agrawal, Counsel for petitioner. Shri Jaideep Singh, Dy.GA for respondents. Shri Jaideep Singh, learned Dy. G.A.prays a week's time to file return in the matter. Though prayer is opposed by Shri Agrawal, but in the interest of justice, prayer is allowed. The respondents are allowed time to file return, as prayed. Ad interim writ It is stated by the petitioner that for recovery of dues of commercial tax, respondents have attached bank account of the petitioner at Bank of Baroda, Main Branch Katni which may be released. Prayer is opposed by Shri Jaideep Singh, learned Dy.GA who submitted that the bank account of the petitioner has been attached for recovery of the Government dues and until and unless return is filed, prayer of ad interim writ may not be considered. Considering aforesaid, in the interest of justice, it is directed that bank account of the petitioner attached by the resp...


Apr 25 2013

Smt. Panbai Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-25-2013

HIGH COURT OF MADHYA PRADESH : JABALPUR Writ Petition No.19527/2012 Smt. Panbai, wife of Late Munnalal Pandey aged about 65 years, Resident of Near Janta Cold Store, Tulsi Nagar Ward, Distt. Sagar Petitioner vs.1. State of M.P., through its Secretary, Home Department Mantralaya Vallabh Bhawan, Bhopal 2. Collector & District Magistrate Sagar, District Sagar 3. Superintendent of Police District Sagar 4. Station House Officer, Police Station Cantt. District Sagar Respondents -------------------------------------------------------------------------------------------------------------------- Shri Alok Vagrecha, Advocate for petitioner. Shri Ashok Chourasiya, Govt. Advocate for respondents. -------------------------------------------------------------------------------------------------------------------- ORDER (25.4.2013) This petition, under Article 226 of the Constitution of India, has been moved for issue of a writ in the nature of Habeas Corpus, for release of the petitioners sons name...


Apr 25 2013

Barati Lal Nanda Vs. Kailash Yadav

Court: Madhya Pradesh

Decided on: Apr-25-2013

MA No.2908.07 Misc. Appeal No.2908 o25. 04/2013 Shri Paritosh Trivedi, learned counsel for the appellant. None for the respondents. Heard. This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 25-04-2007 passed in Claim Case No.228/2005. Claim Case under section 166 by the appellant was for compensation in lieu of injuries sustained on 30- 06-2005 when the Tempo Trax bearing registration not MP-20-H-7375 on which he was travelling met with an accident at Dada Dhaniram Ward, Police Station Maharajpur, district Mandla, met with an accident due to rash and negligent driving. Though pleaded that he received grievous injuries on ribs (6 ribs broken).left leg, chest and near left eye and was permanently disabled; however, in absence of cogent evidence the Claims Tribunal found that it was only simple injuries which the claimant had sustained. The evidence of doctor (P.W.2) and the certificate of disability (Ex.P/7) issued after two years from the d...


Apr 25 2013

Rajesh Kumar Mishra Vs. N.L.Sarnath

Court: Madhya Pradesh

Decided on: Apr-25-2013

Rajesh Kumar Mishra versus N.L.Sarnath Conc. No.1725 25. 4.2013: Shri Arvind Pathak, learned counsel for the petitioner. Shri C.K.Mishra, learned counsel for respondents. Keeping in view the reply filed by respondents, no case is made out for initiating action for contempt. The original writ petition was disposed of on 29.6.2012, without notice to the respondent, without hearing them and at the fiRs.date of hearing, only with a direction to give charge to the petitioner on the post of Secretary. not from the reply filed by respondents it is seen that various developments have taken place and it was not possible to give charge to the petitioner due to appointment of one Shri Shravan Kumar Shah. In view of above, as the writ petition was disposed of at the very fiRs.day without admission, without issuing notice to respondent, I am not inclined to initiate action for contempt only because respondents have not given charge to petitioner. Under the circumstances that have come on record it ...


Apr 25 2013

Praveen Kuamr Vs. Ravindra

Court: Madhya Pradesh

Decided on: Apr-25-2013

Writ Petition No ::10099. / 2012 Praveen Kumar and another versus Ravindra and others 25.04.2013. Shri R.P.Agrawal, Senior Advocate, with Shri Anuj Agrawal for the petitioneRs.Shri R.S.Tiwari for respondent No.1. Shri Manish Trivedi for respondent No.2. Shri Samdarshi Tiwari, Government Advocate, for respondents 3 and 4. Challenge in this writ petition under Article 227 of the Constitution is made to an interlocutory order-dated 18.6.2012 Annexure P/12, passed by the 1st Additional District Judge, Betul in Civil Suit No.63-A/2012. Petitioners are plaintiff and have filed the suit in question for specific performance of a contract. During the pendency of the suit, it is seen that the property in question was sold to respondent No.2 and, therefore, an application was filed under Order I Rule 10 of the Code of Civil Procedure, seeking impleading the purchaser respondent No.2 as a party, alongwith the Sub-Registrar in the office of District Registrar, Betul and the State of MP through Co...


Apr 25 2013

Vanshraj Singh Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Apr-25-2013

1 Cr.R. No.1561/1999 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR SINGLE BENCH: HONBLE SHRI JUSTICE A.K.SHRIVASTAVA CRIMINAL REVISION NO.1561/1999 APPLICANT : Vanshraj Singh S/o. Shri Sumeshwar, R/o. Village Hinoti, P.A. Gad, Tehsil Sirmour, District Rewa (M.P.) Versus RESPONDENT: State of M.P. --------------------------------------------------------------------------------------- Applicant by Shri Umesh Shrivastava, Advocate. Respondent/State by Shri Akhilendra Singh, Public Prosecutor. --------------------------------------------------------------------------------------- ORDER (25.04.2013) This revision application under Section 397/401 of CrPC has been filed by the applicant against the judgment of conviction and order of sentence dated 11.10.1999 passed by learned 3 rd Additional Sessions Judge Rewa thereby affirming the judgment of conviction and order of sentence dated 21.01.1997 passed by learned Judicial Magistrate, First Class, Sirmour District Rewa in Criminal Cas...


Apr 25 2013

Gulab Mohd. Vs. Sheikh Lateef

Court: Madhya Pradesh

Decided on: Apr-25-2013

1 HIGH COURT OF MADHYA PRADESH : JABALPUR S.A. No.735/1996 Gulab Mohd (dead) through L.Rs. Haseen Bi and others Vs. Sheikh Lateef (dead) though L.Rs. Jarina and others Present : Honble Mr. Justice R.S. Jha. For the appellants : Shri Dinesh Agrawal, advocate. For the respondents : Shri T.S. Ruprah, Senior advocate with Shri Harpreet Ruprah. JUDGMENT (25.04.2013) This appeal has been filed by the appellant being aggrieved by judgment and decree dated 28.08.1996 passed in Civil Appeal No.35-A/93 passed by Fourth Additional Judge to the Court of District Judge, Sagar whereby the judgment and decree dated 23.08.1993 passed by the Sixth Civil Judge, Class-II, Sagar in Civil Suit No.39-A/90 has been partly modified.2. This appeal was admitted by this court on the following substantial question of law:- Whether the finding recorded by the lower appellate court in respect of the suit, is perverse ?..3. The brief facts leading to the filing of the present appeal are that the plaintiff/appellant ...


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