Madhya Pradesh Court April 2013 Judgments
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Laxmi Narayan Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-03-2013
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.206/2013 Laxmi Narayan Yadav VERSUS The State of Madhya Pradesh Criminal Revision No.271/2013 Sunil Pauch VERSUS The State of Madhya Pradesh --------------------------------------------------------------------------- Names of counsel for the parties in Criminal Revision No.206/2013 Shri Ashish Tiwari, counsel for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. Names of counsel for the parties in Criminal Revision No.271/2013 Shri S.N.Gupta, counsel for the applicants. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- ORDER (Passed on the 3rd day of April, 2013) These two revisions are connected with the common order dated 19.1.2013 passed by the learned Additional Sessions Judge and Special Judge, Bhopal in criminal appeal No.756/2012, therefore, both the revisions...
National Insurance Co. Ltd. Vs. Harpal Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2013
M.A. No.80 of 1997 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR M.A. No.80/1997 National Insurance Co. Ltd. Vs. Harpal Singh and others. For the appellant :- Shri Pramod Sahu, Adv. For the respondents :- None. ORDER (Oral) 03/04/2013 U.C. MAHESHWARI, J.1. The appellant National Insurance Co. Ltd. has filed this appeal under Section 173 of the Motor Vehicle Act of 1988, in short The Act., being aggrieved by the award dated 8.10.1996, passed by the IXth Additional Motor Accident Claims Tribunal, Bhopal in MACC No.13/96, whereby the claim of respondent No.1 with respect of the injuries sustained in vehicular accident has been awarded for the sum of Rs.27264/- alongwith the interest @ 12% p.a. from the date of filing the claim petition, i.e. 5.8.1991 alongwith the cost of the case by saddling the liability to pay the same jointly and severally on the appellant, respondent No.2, the Driver and respondent no.3, the registered owner of the offending vehicle.2. The facts giving ris...
Francis D. Souza Vs. Smt. Rajni
Court: Madhya Pradesh
Decided on: Apr-03-2013
W.A.No.298/2013 (Francis D' Souza versus Rajni and otheRs.03.04.2013 Shri D.K.Sharma, learned counsel for the appellant. Heard on the question of admission. The appellant has filed this appeal under section 2(1) of the M.P.Uchcha Nyayalaya (Khandpeepth Ko Appeal) Adhiniyam, 2005 being aggrieved by order dated 18.03.2013 passed by the learned single judge in W.P.No.4123/2013 whereby the learned single judge has dismissed the writ petition and affirmed the order of the trial court rejecting the application under order 8 rule 1 of the C.P.C.The order in the writ petition has been passed in exercise of the supervisory jurisdiction conferred under Article 227 of the Constitution of India. The petitioner had questioned the order of the trial court rejecting his application under order 8 rule 1 of the C.P.C.In the circumstances, having regard to the provisions of the section 2 (1) of the aforesaid Adhiniyam, we are not inclined to entertain this appeal The appeal being meritless is accordingl...
Sukhilal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-03-2013
M.Cr.C.No.2890/2013 3.4.2013 Shri Shankar Prasad Singh, Advocate for the applicants. Shri R.K.Kesarwani, PL for the State. This is the fiRs.bail application filed by the applicants under Section 439 of the Cr.P.C.for grant of bail. The applicants are in custody since 22.1.2013 in connection with Crime No.38/2013 registered at P.S.Badwara, District Katni for the offences punishable under Sections 304, 201/34 of the IPC and Section 138 of the Indian Electricity Act. Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the case. At the most it would be a case under Section 304-A of the IPC. Charge sheet has been filed. 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 application. On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the consider...
Vajid Ali Vs. Nilofr Khan
Court: Madhya Pradesh
Decided on: Apr-03-2013
M Cr.C.No.3938/13 3.4.2013 Shri Ashish Shroti Counsel for the applicant. Heard. Notice be issued to the respondents by both modes on payment of PF within 3 clear working days, returnable within 4 weeks. Heard on I.A.No.7215/2013, an application for grant of stay. It is submitted by counsel for the applicant that as Civil suit No.1-A of 2010 is already pending in the court of Civil Judge Class-II, Naogaon, the proceeding u/s 145 Cr.P.C.in case No.23/2009 before Sub Divisional Magistrate, Naogaon District Chatarpur cannot be allowed. Looking to the circumstances of the case, I.A.No.7215/2013 is allowed and it is directed that proceedings pending in Case No.23/09 u/s145 of Cr.P.C.pending before SDM, Naogaon shall remain stayed till the next date of hearing. C.C.As per rules. (M.A.SIDDIQUI) JUDGE sb M.Cr.C.No.3443/13 3.4.2013 Shri Sankalp Kochar, Counsel for the applicant. R.Kushwaha, PL for the Sate. Heard. Call for the case diary then list for admission. Heard on I..A.No.6319/2013, an ap...
Shiv Narayan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-03-2013
W.P.No.5040/2013 03/04/2013 Shri A. S.Jha, learned Sr.Advocate with Shri Prasad, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Government Advocate for the respondents/State on advance notice. Grievance of the petitioner is that in pursuance to certain request made by Respondent No.3/Bank, Respondent No.2/ Tehsildar Sehore is proceeding to make recovery against the petitioner under the M.P.Lok Dhan Adhiniyam and in the said proceedings initiated by Respondent No.2, petitioner has raised various objections including a request for supplying details of account's statement to enable the petitioner to explain and give his say in the matter. It is stated that without considering the objections raised by the petitioner and without hearing the petitioner, the attachment warrant has been issued. Having heard Shri A.S.Jha, learned Sr.Advocate and Shri Rajesh Tiwari, I am of the considered view that if the petitioner has raised any objection or has made any request to the Tehsild...
Sayed Sarwar HussaIn Vs. Smt. Nazneen Kausar
Court: Madhya Pradesh
Decided on: Apr-03-2013
Second Appeal No.1316/2012 3/4/2013 Smt. Shimla Jain, learned counsel for the appellant. Shri S. Koshta, learned counsel for the respondent. Received the records of Courts below. Heard on admission . Perused the record. Having lost from both the Courts below the Defendant has preferred this Second Appeal. Suit for eviction of appellant/defendant from the suit premises which is a shop of '8 x 8' being part of House No.137 A situated at Chiklod Road, Jalangirabad, Bhopal by the respondent plaintiff (C.S.No.396A/2010) on the premise of bonafide need was decreed by judgment dated 26.9.2011 on a finding of bona fide requirement in favour of respondent/plaintiff. An appeal thereagainst has also dismissed on 18/10/2012 (Civil Appeal No.279A/2011) by the Thirteen Additional District Judge, Bhopal negativing the challenge that it was beyond the jurisdiction of the trial court ...
Mahesh Kumar Athia Vs. I.S.Dani
Court: Madhya Pradesh
Decided on: Apr-03-2013
1 Conc. No.1451/2012 3/4/2013: Shri Manish Verma, learned counsel for the petitioner. Shri Yadvendra Dwivedi, learned counsel for the respondents. From the orders produced by the respondents as have been passed it is seen that promotion has been granted to the petitioner and order for payment of consequential benefit is also issued as is evident from Annexure R/2 dated 2.1.2013 filed along with additional reply. However, Shri Verma, learned counsel for the petitioner points out that actual monetary benefit accruing out of the order i.e.Annexure R/2 dated 2.1.2013 has not been given to the petitioner. If that be so, actual benefit accruing out of the order be paid to the petitioner or credited to his account within a period of one month from the date of receipt of certified copy of this order failing which petitioner shall be at liberty to bring to the notice of this Court any default committed by the respondents and this Court may initiate coersive action against the respondents. For t...
Eknath Magre Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-03-2013
M.Cr.C.No.3979/2013 3.4.2013 Shri M.K.Tripathi, Advocate for the applicants. 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 applicants under Section 438 of Cr.P.C.for grant of anticipatory bail. The applicants apprehend their arrest in connection with Crime No.226/2012 registered at P.S.Nepanagar, District Burhanpur for the offences punishable under Sections 420, 409/34 of the IPC. As per prosecution, it is alleged against the applicants that they misappropriated the amount of Rs.3,47,978/-, which was alleged to have been withdrawn from the treasury for construction of different work. Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. Applicant No.1 is the Secretary and applicant No.2 is the Sarpanch of Gram Panchayat Dabalikala. They have deposited the amount of Rs.3,47,978/-, receipt of the which has been filed in th...
Abhay Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-03-2013
W.P.No.5017/2013 03/04/2013 Shri Ashish Kurmi, learned counsel for the petitioner. Inter-alia contending that due to certain criminal activities that have taken place, Respondent Nos.5 to 8 are threatening the petitioner and apprehending attack by the said respondents in person of the petitioner, it seems that a representation has been made to the police authorities seeking proper protection and when the same was not done, this writ petition has been filed. Taking note of the averments made by the petitioner in this writ petition, Respondent Nos.3 and 4 are directed to look into the matter and proceed to grant such relief or protection to the petitioner, as may be permissible under law. With the aforesaid, the petition stands disposed of. Certified Copy as per rules. (Rajendra Menon) Judge nd...
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