Madhya Pradesh Court May 2013 Judgments
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Hamid Ali Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-02-2013
W.P.No.8132/2013 02/05/2013 Shri Dharmendra Soni, learned counsel for the petitioner. An application has been filed by the petitioner seeking extension of lease deed for certain period in the light of the law laid down by the Division Bench in the case of Ravishankar Nayak versus State of M.P.& Anr. 2013(1) MPLJ 298 as the petitioner could not operate the mining lease. Keeping in view the aforesaid, Respondent No.2 is directed to consider and pass appropriate orders with regard to grant of extension of lease after taking note of the law laid down in the case of Ravishankar Nayak (Supra).Let necessary orders in this regard be passed by the Collector within a period of one month. Till decision by the Collector, neither any mining lease shall be granted not any third party interest shall be created. With the aforesaid, the petition is disposed of. (Rajendra Menon) Judge nd...
Narendra Kumar Samaiya Vs. N.K. Sehra
Court: Madhya Pradesh
Decided on: May-02-2013
1 Conc. No.1282/2012 2/5/2013: Ku. Malti Dadariya, learned counsel for the petitioner. Shri S.S.Bisen, learned counsel for the respondents. From the reply filed by the respondents and the orders Annexure R/1 dated 20.9.2012 and 17.9.2012 enclosed therewith, it is seen that the benefit of direction issued by this Court on 6.5.2011 in W.P.No.11571/2008 (s) has been granted to the petitioner but arrears accruing to the petitioner in view of fixation of pay and other monetary benefits are yet to be paid. Even though the competent authority has passed order and forwarded the matter to the Joint Director, Treasury and Accounts, Bhopal, for according financial concurrence for payment to be made, it is stated by Ku. Malti Dadariya that the actual payment has not been paid till date. 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 45 days from the date of receipt of certified copy of this order failing which petitio...
Sitaram Dubey and ors. Vs. Smt. Raina Bai
Court: Madhya Pradesh
Decided on: May-02-2013
1 S.A No.111/1996 HIGH COURT OF MADHYA PRADESH AT JABALPUR SECOND APPEAL NO.111/1996 APPELLANTS : SITARAM DUBEY (Since deceased) SMT. GEETA DUBEY (Legal Representatives) AND OTHERS Vs. RESPONDENTS : MANAKLAL (Since deceased) SMT. RAINA BAI (Legal Representatives) AND OTHERS Present : Hon'ble Shri Justice R.S. Jha. For the appellants : Shri T. S. Ruprah, Senior Counsel with Shri Harpreet Ruprah, Advocate. For the respondents : Shri Manot Sanghi and Shri Sankalp Sanghi, Advocates. -------------------------------------------------------------------------------------- JUDGMENT (02/05/2013) The appellants/defendants have filed this appeal being aggrieved by the judgment and decree dated 25.11.1995 passed by the IXth Additional Judge to the Court of District Judge, Jabalpur in Civil Appeal No.20-A/95 whereby the judgment and decree dated 31.07.1984 passed by the Civil Judge Class-II, Patan, District Jabalpur, in Civil Suit No.15- A/1983 has been set aside and reversed and the suit filed by t...
Raju Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: May-02-2013
Cr.R. No.786/1999 2.5.2013 Shri Nishant Datt, counsel for the applicant. Shri P. Tiwari, GA for the State. Heard finally. This revision has been preferred by the applicant under section 397/401 of the Cr.P.C. being aggrieved by judgment dated 22.4.1999 delivered by Additional Sessions Judge, Harda in Cr. A. No.39/1994 whereby the appeal of the applicant has been dismissed and further the conviction and sentence recorded by the learned JMFC, Harda vide judgment dated 30.7.1994 in Criminal Case No.165/1991, wherein applicant has been convicted under Section 25 of Arms Act and sentenced to undergo RI for 1 year, has been confirmed.2. The facts giving rise to this revision, in short, are that as per prosecution story on 30.5.1991 the applicant was apprehending by police officer B.S. Chouhan and on search a Katar was seized from his possession. After completing the aforesaid investigation, a charge sheet was filed against the applicant.3. On appraisal of evidence on record, the trial Court ...
Sharad Kumar Sahu Vs. Prahlad
Court: Madhya Pradesh
Decided on: May-02-2013
M.A. No. 1726 of 2011 2.5.2013 Shri L.L. Prajapati, learned counsel for appellant. Ms. Anjali Banerjee, learned counsel for respondent No. 3. None for respondent Nos. 1 and 2. Heard. This appeal under Section 173, Motor Vehicles Act, 1988, at the instance of owner and driver, is directed against the award dated 31.1.2011 passed in Motor Vehicle Case No. 166/2009; whereby, the Claims Tribunal while exonerating the Oriental Insurance Company from liability to pay compensation in lieu of death of one Devvati, who died of the injuries sustained by her being hit by offending vehicle MP 51 E 0004, the appellant is solely held accountable for compensation. On 3.6.2009 at 8.30 a.m the deceased, a 12 years girl, while was going from village Hatua to Dhuma carrying headload was hit at by the Bus bearing Registration No. MP 51 E 0004 which resulted in instant death. Besides criminal prosecution being launched ag...
Smt.Rekha Giri and ors Vs. Donilal and ors
Court: Madhya Pradesh
Decided on: May-02-2013
M.A. No. 1683 of 2004 2.5.2013 Shri Kapil Patwardhan, learned counsel for appellant. Shri Pranay Gupta, learned counsel for respondent No. 1. Notices on respondent Nos. 1 and 2 dispensed. Heard. Aggrieved of inadequate compensation in lieu of death of Preetam Giri, the claimants, his dependents have preferred this appeal for enhancement. Preetam Giri was employed as Technician Grade III, Coach Rehabilitation Workshop, West Central Railway, Bhopal died on 9.5.2003 when the motorcycle he was riding was hit by Dumper bearing registration No. 20 A/8646. The fact that offending vehicle was rashly and negligently driven by respondent No. 1, that it was insured with respondent No. 3, that, the deceased was 35 years of age and was getting the salary of Rs.5564/ per month, that the claimants, the appellants were dependents on him are not disputed. The Tribunal taking into consideration that Rs.66,768/ was the annual income (Rs.5564 x 12) deducte...
Sheo Shankar Vs. Surendramani Tripathi
Court: Madhya Pradesh
Decided on: May-02-2013
M.A. No. 4939 of 2010 2.5.2013 Shri Ravish Agrawal, learned Senior Counsel with Shri K.S. Jha, learned counsel for appellants. Shri R.S. Jaiswal, learned Senior Counsel with Shri K.K. Gautam, learned counsel for respondents. With consent of learned counsel for the parties, heard finally. This appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908 at the instance of plaintiff is directed against the order dated 22.10.2010 passed in Civil Suit No. 48 A/2010; whereby, plaintiff's application under Section 151 C.P.C for interim injunction in respect of alienation of suit property has been rejected; however, with a direction to the defendants to deposit Rupees Forty Lacs towards security subject to final outcome of the suit, in case plaintiff succeeds he can be compensated. For proper appreciation genealogy of the parties to the suit may first be noticed: Balaram ...
Dhirendra Kumar Vs. Krishna Kumar
Court: Madhya Pradesh
Decided on: May-01-2013
1 S.A.No.914/1996 Dheerendra Kumar Choudhary. versus Krishna Kumar Choudhary 01.05.2013 Shri R.K.Jaiswal learned counsel for the appellant. Shri K.B.Bhatnagar learned counsel for the respondent. The appellant and the respondent are present in person. The learned counsel for the parties submit that as I.A No.5450/2013 filed by them for compromise was incomplete, they have filed I.A No.5475/2013 under Order 23 Rule 3 CPC, today specifically enumerating the terms of the compromise arrived at between the parties. The appellant and the respondent have signed the said application. They submit and pray that, they having amicably settled the matter, therefore, the impugned judgment and decree passed by the courts below be modified in terms of the compromise arrived at between the parties in the following terms:- 1. The parties agree that the Will (Ex.D-1) shall be held as valid will and the appellant/defendant shall be the owner of the properties mentioned in the said will.2. Respondent/plaint...
Prani Mitra Samiti Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-01-2013
1 W.P.No.2509/2013 1.5.2013 Shri R.N.Singh, learned Sr.Advocate with Shri A.J.Pawar and Shri Saurabh Sunder, Advocates for petitioneRs.Shri P.K.Kaurav, Addl.A.G.for State of M.P./respondents. Shri Rajendra Tiwari, learned Sr.Advocate with Shri Abhishek Tiwari, for Association of Industries M.P.Shri Kishore Shrivastava, learned Sr.Advocate with Shri Kapil Jain, for Associated Alcohols & Beverages LTD.Shri V.S.Shroti, learned Sr.Advocate with Shri Vikram Johri, for respondent No.3. Shri R.N.Singh, learned senior counsel concluded his arguments. Shri Kishore Shrivastava, learned Senior counsel commenced his arguments, but no time is left. This Bench is not available upto 10.5.2013, hence hearing of this case is adjourned for 13.5.2013. 13.5.2013 is a motion hearing day, however, at the request of the parties, matter shall be taken up at 2.30 P.M.Ad interim writ issued earlier to continue till next date of hearing. (Krishn Kumar Lahoti) (M.A.Siddiqui) Acting Chief Justice Judge C....
Ramsuresh @ Dahu Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: May-01-2013
1 Cr.A.No.926/2005 HIGH COURT OF MADHYA PRADESH: JABALPUR Division Bench: Hon'ble Shri Justice Rakesh Saksena Hon'ble Shri Justice Subhash Kakade CRIMINAL APPEAL No.926/2005 Ramsuresh Sahu @ Dadu son of Chandrashekhar Sahu, aged about 20 years, resident of village Paraie Sukhratola, Police Station Chitrangi, District Sidhi,M.P. ....Appellant -Versus- State of Madhya Pradesh ....Respondent ---------------------------------------------------- For the appellant: Shri V.K.Lakhera, Advocate. For the respondent: Smt.Nirmala Nayak, Govt.Advocate with Shri Amit Pandey,Panel Lawyer. ---------------------------------------------------- Date of hearing:25. 04/2013 Date of Judgment:01. 05/2013 ********** JUDGMENT Per: Rakesh Saksena,J.Appellant has filed this appeal against the judgment dated 02.03.2005 passed by II Additional Judge, Sidhi to the Court of I Additional Sessions Judge, Sidhi in Sessions Trial No.139/2004 convicting the appellant under sections 304-B and 498-A of the Indian Penal Cod...
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