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Madhya Pradesh Court April 2013 Judgments

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Apr 04 2013

Harish Chandra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-04-2013

1 MCRC. No 4343 /2013 4.4.2013 Shri R.S.Patel, Adv.for the petitioner/applicant. Shri R..P.Tiwari, GA for State/respondent. Heard . This petition u/s 482 Cr.P.C has been preferred by the applicant in order to correct the section of offence in the order dated 2.4.2013 passed in MCRC No.2697/2013 by which an application u/s 439 Cr.P.C.of the applicant has been allowed. Learned counsel for the applicant submits that due to typographical mistake instead of section 326., Section 304. has been typed. As per police case diary, offence against the applicant is Section 326. IPC and No.304.Office u/s '304 IPC ' is offence on the petitioner in another crime number. Learned counsel for the State has submitted that today case diary of the present crime is available and original order dated 2.4.2013 passed in MCRC No.2697/2013 has been passed in his presence in the police case diary offence is Section 326 IPC No.304 IPC. Considering the aforesaid facts and circumstances of the case, the offence u/s ...


Apr 04 2013

Shahjaad Ali Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-04-2013

M.Cr.C.No.4045/2013 4.4.2013 Shri Atul Upadhyay, Advocate for the applicant. Shri R.K.Kesarwani, PL for the State. Heard finally with the consent of the learned counsel for the parties. 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.77/2013 registered at P.S.Anuppur, District Anuppur for the offences punishable under Sections 420, 467, 468, 471/34 of the IPC. Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. As per prosecution, it is alleged against applicant and co-accused Sheela Tiwari/wife of applicant that they entered into an agreement and took advance of Rs.30,000/- from the complainant, thereafter, they did not comply with the terms of the agreement. The dispute is of civil nature. Similarly placed Co-accused Sheela Tiwari has been released on bail. She has deposited a sum of Rs.30,000/- u...


Apr 04 2013

Ramesh Kori Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-04-2013

M.Cr.C.No.4058/2013 4.4.2013 Shri Paritosh Trivedi, Advocate for applicant. Shri R.K.Kesarwani, PL for State. Heard finally with the consent of the learned counsel for the parties. 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.45/2007 registered by Superintendent of Police, Special Police Establishment, Lokayukta for the offences punishable under Sections 109, 409, 420, 120-B of the IPC. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He was posted as Inspector in Khadi Gramodyog, Mandla. As per prosecution, there was misappropriation of Rs.40,000/-. Counsel has further submitted that the aforesaid amount has been deposited by Co.accused Sangita Chouksey. Charge sheet has been filed. Nothing is required to be seized from the possession of the applicant. The applicant is a reputed citizen of the local...


Apr 04 2013

M.P.Lime Works Vs. the State of M.P. and ors.

Court: Madhya Pradesh

Decided on: Apr-04-2013

HIGH COURT OF MADHYA PRADESH : AT JABALPUR Writ Petition No :4299. of 2002 M.P.Lime Works - V/s - State of MP and Another Present : Honble Shri Justice Rajendra Menon. -------------------------------------------------------------------------------------- Shri Naman Nagrath, Senior Advocate, with Shri Quasim Ali, Advocate, for the petitioner. Smt. Sharda Dubey, PL, for the State/respondents. -------------------------------------------------------------------------------------- Whether approved for reporting: Yes / No.ORDER 04/04/2013 Seeking grant of mining lease for the purpose of extraction of Limestone and Dolomite minerals and contending that claim of the petitioner for grant of lease has not been considered even though the matter is being pursued by the petitioner since 1973, this writ petition has been filed. 2- The case has a chequered history and, therefore, reference to certain relevant facts is necessary. A Notification was issued by the State Government wherein it was indicat...


Apr 04 2013

Premlal @ Gudda Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Apr-04-2013

1 HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.163/2005 Premlal alias Gudda Vs. State of MP Present : Honble Mr. Justice R.S. Jha. For the appellant : Shri Tribhuvan Mishra, advocate. For the respondent : Shri Yadvendra Dwivedi, PL JUDGMENT (04.04.2013) The appellant has filed this appeal being aggrieved by the judgment dated 12.01.2005 passed by VI Additional Sessions Judge, Jabalpur in Session Trial No.139/04 whereby the appellant has been found guilty of an offence punishable under section 325 of the I.P.C. and has been sentenced to five years rigorous imprisonment with a fine of Rs.1000/- with a further six months' rigorous imprisonment in case of default of deposit of the fine.2. The prosecution case is that on 02.01.2004 the accused/appellant had an altercation with Bedilal, the father of PW/3 Bablu and thereafter in the evening he again confronted the deceased Bedilal and delivered a blow with a stick on his head which resulted in his death.3. The F.I.R. of the inc...


Apr 04 2013

Sanjay Kumar Sahu Vs. Income Tax Officer

Court: Madhya Pradesh

Decided on: Apr-04-2013

1.... W.P. No.5044 of 2013 Sanjay Kumar Sahu Income Tax Officer & another 02.04.2013 Shri Sanjay Mishra, Counsel for the petitioner. Shri Sanjay Lal, Counsel for the respondents. In view of the request made by the parties, this matter is heard and is being disposed of finally. The petitioner has sought following reliefs :- 1. To direct the respondent No.1 to decide the appeal of the petitioner within a period of two months.2. That the Hon. Court be pleased to stay the recovery proceedings initiated and direct the respondents not to initiate coercive measures for recovery of tax till the decision of appeal.3. That the Hon. Court pleased to direct the Commissioner of Income Tax (Appeals) Jabalpur to decide the application (Annexure P- 6).4. That any other order, direction, writ or relief which this Hon. Court may deem fit in the facts and circumstances of the case may also be issue. The case of the petitioner is short one. Against the order of Assessing Officer, the petitioner herein has...


Apr 04 2013

Raju Sharma Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-04-2013

M.Cr.C.No.3704/2013 4.4.2013 Ms.Gayatri Ladhiya, Advocate for the applicant. Shri Akhilendra Singh, GA for the State. Heard. Admit. Heard finally with the consent of the learned counsel for the parties. 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 5.3.2013 in connection with Crime No.257/2011 registered at P.S.Patheriya, District Damoh for the offence punishable under Section 34(2) of the M.P.Excise Act. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. As per prosecution, more than 50 bulk liters of illicit liquor is alleged to have been seized from the possession of the applicant. The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail. Learned counsel for State has opposed the application. On due consideration of the contention raised by the learned counsel for the parties and ov...


Apr 04 2013

Astik Ali and ors. Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Apr-04-2013

Cr.A.No.1098/2000 HIGH COURT OF MADHYA PRADESH: JABALPUR Criminal Appeal No.1098/2000 Raatik Ali and Ors. Versus State of M.P. ______________________________________________ Shri Mohd. Quasim learned counsel for the appellants. Shri Y. Dwivedi, learned Panel Lawyer for the respondent/ State. ______________________________________________ PRESENT : Honble Shri R.S. Jha, J.: JUDGMENT (04-04-2013) This appeal has been filed by the appellants being aggrieved by the judgment of the trial Court dated 29.2.2000 by which, the trial Court has imposed a sentence of Rs. 1000/- as fine on each of the appellant for an offence punishable under section 323 IPC while acquitting them of offence punishable under section 3(i) (x) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989.2. It is submitted by the learned counsel appearing for the appellants that there is no evidence on record to indicate that appellants have committed any offence, Cr.A.No.1098/2000 inspite of which, ...


Apr 04 2013

Swapnil Kumar Tamrakar Vs. the President Dental Council of India

Court: Madhya Pradesh

Decided on: Apr-04-2013

1 W.P.No.13411/2012 4.4.2013 Shri Shyam Yadav, Counsel for petitioneRs.Shri Mohan Sausarkar, Counsel for respondent No.1. Shri Jaideep Singh, Dy.G.A.for respondents No.2 & 3. The dispute in the present case is in a very short compass. The petitioners who belong to OBC category claimed seats for M.D.S.Course. The allegations are that the respondent No.1 allocated 5 intakes to respondent No.5-College, but the respondent No.5 without informing respondents No.2, 3 & 4 in respect of the aforesaid permission by the respondent No.1, admitted 5 students on its own which is not permissible and the petitioners who were eligible ought to have been allocated to respondent No.5 for the aforesaid seats. The respondents No.2 and 3 have filed reply in which in Para 2, the stand of the respondents No.2 & 3 reads thus:- 2. The answering respondents respectfully submit that no information about the seat was given by the respondent No.5 College and therefore for admission in the year 2012-2013 no seat has...


Apr 04 2013

Dal Pratap Singh Vs. Archna Patel

Court: Madhya Pradesh

Decided on: Apr-04-2013

1 HIGH COURT OF MADHYA PRADESH ; JABALPUR M.A No.3165/2007 Dal Pratap Singh and another Vs. Smt Archana Patel and others. For the Appellants : Shri N.K.Tiwari, Advocate. For Respondent No.1 to 4 : None. For Respondent No.5 : Shri Gulab Sohane, Advocate. ORDER (04 /04 /2013 ) U.C. Maheshwari,J.The appellants, the driver and the registered owner of the offending vehicle respectively have filed this appeal under section 173 of the Motor Vehicle Act, 1988 ( in short `the Act') being aggrieved by the award dated 25.4.07 passed by the MACT, Katni in MVC Case No.13/07 whereby the claim of respondents No.1 to 4 with respect of the vehicular death of their predecessor, namely, Santram, on whom they were dependent, has been awarded against them by saddling their joint and several liability to pay the sum of Rs.2,60,000/- along with interest on the same @ 9% per annum from the date of filing the claim petition along with the cost of the claim petition.2. The facts giving rise to this appeal in sh...


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