Madhya Pradesh Court November 2014 Judgments
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Chaitu Singh Gond Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-11-2014
C.V. Sirpurkar, J. 1. This Criminal Appeal under section 374 (2) of the Code of Criminal Procedure, 1973 has been preferred against the judgment dated 31.12.2013 passed by Shri R.G.Singh, Additional Sessions Judge, Dindori, in Sessions Trial No.89 of 2013, whereby the learned Additional Sessions Judge has convicted appellant Chaitu Singh under section 376(2)(f) of the Indian Penal Code and section 4 of the Protection of Children from Sexual Offences Act, 2012 and for each offence has imposed imprisonment for life and a fine in the sum of Rs.2000/-. The appellant was also directed to undergo rigorous imprisonment for a period of two months in default of payment of fine for each offence. 2. The facts giving rise to this appeal may be summarized as hereunder: Prosecutrix was a 5 or 6 year old girl. Complainant Bhagwati Bai (PW-1) is her grandmother, Savita (PW-5) is her mother and Manoj (PW-4) is her father. She lived with her parents grandmother and siblings in village Gorakhpur, P.S. Ba...
Meera Bai Vs. Ramesh Guru and Another
Court: Madhya Pradesh
Decided on: Nov-11-2014
1. The appellant has preferred the present appeal being aggrieved with the judgment and decree dated 30.10.2002 passed by the First Additional District Judge, Sagar in Civil Suit No.30-A of 2002 whereby her suit for declaration and injunction was dismissed. 2. The facts of the case in short are that the appellant has filed a civil suit before the District Court, Sagar that she was widow of one Santosh Guru, who expired in an electrical accident on 14.6.1999 whereas, he was working as Line Helper in MPEB. After his death a sum of Rs.2,80,000/- was due in three insurance policies of salary saving scheme. The respondents were the nominees of the deceased Santosh Guru and they were entrusted to receive the Insurance amount from the department and therefore, a suit for declaration and injunction was filed that it be declared that being a widow of Santosh Guru the appellant was entitled to get a sum of Rs.2,80,000/- and a perpetual injunction was sought that the respondents be prohibited to ...
Anil Jain Vs. Shilpa Jain
Court: Madhya Pradesh
Decided on: Nov-11-2014
B.D. Rathi, J. (1) By invoking the supervisory powers of this Court, petitioner has preferred this petition under Section 397/401 of Code of Criminal Procedure, 1973 (in short 'the Code') seeking the following relief: "By allowing this petition, the order impugned dated 01-11-2013 passed by Executing Court and the letter dated 30-07-2013 issued by learned JMFC, Ambah District Morena be set aside." (2) Facts in brief are that respondent/wife has filed an application under Section 125 of the Code claiming maintenance from petitioner which was registered as MJC NO.95/2009. The aforesaid application filed by the respondent was allowed by the trial Court and petitioner was directed to pay maintenance to the tune of Rs.10,000/- per month from the date of filing of application. Since the order of trial Court was not complied with by the petitioner therefore, respondent has moved an application under Section 128 of the Code for the purpose of recovery of maintenance from the petitioner. On the...
Anil Trivedi and Another Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Nov-11-2014
Prakash Shrivastava, J. 1. This public interest petition is directed against the Notification dated 17.2.2012 issued under Section 405(1) of the M.P. Municipal Corporation Act, 1956 (for short "the Act") as also the Notification dated 4.3.2014 issued under Section 405(3) of the Act. 2. In brief, the case of the petitioners is that they are the residents of Indore and the Notification dated 17.2.2012 was issued under Section 405(1) of the Act inviting objections for including 23 village panchayats (29 villages) specified in Schedule 1 of the notification within the limits of municipal corporation, Indore. Petitioners had submitted their objections on 16.3.2012. They had appeared before the Collector, Indore on 18.6.2012 to make submissions in support of their objections and the final Notification dated 5.2.2013 was issued for including the Gram Panchayats and villages specified in Schedule 1 of the said notification within the limits of the Municipal Corporation, Indore. Petitioners had...
Yogesh Sunare and Others Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-10-2014
1. This criminal appeal is filed by the appellants being aggrieved by the judgment dated 24/07/2010 passed by the 12th Additional Sessions Judge, Jabalpur in ST No.545/2009 whereby each of the appellants was convicted of offence punishable under Sections 304-B/34, 498-A/34 of IPC and Section 4 of Dowry Prohibition Act and sentenced to seven years' RI, three years' RI with fine of Rs.2000/- and two years' RI with fine of Rs.1000/-. The default sentence was also imposed in lieu of payment of fine. 2. Prosecution case, in short, is that deceased Kanchan was the wife of appellant No.1 and daughter-in-law of remaining appellants. The marriage of deceased Kanchan took place on 6.5.2006. On 10.6.2009 she was found hanged in her room situated at the house of the appellants in the jurisdiction of Police Station Ghamapur, Jabalpur. On Merg intimation given by the appellant Yogesh Sunare, the Police Officers went to the spot and removed the dead body of the deceased from the piece of Sari and kep...
S.M. Shrikhande Vs. The Managing Director, State Bank of India and Oth ...
Court: Madhya Pradesh
Decided on: Nov-10-2014
Sanjay Yadav, J. 1. This Intra Court Appeal under Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 19.1.2006 passed in Writ Petition on 2468/1004; whereby Writ Court negatived the challenge to an order of dismissal dated 6.7.1993 and its affirmation in appeal dismissed on 30.3.1994. 2. The petitioner while holding the post of Assistant Manager in Junior Management Grade Scale I, State Bank of India, Morena was charge sheeted on 25.5.1990; whereby, following charges were levelled against him, viz.: (i) You sanctioned advance in an irregular manner, indulged in falsification of records and benefitted yourself/borrower by floating/granting the loans. You have thus misused your official position. You exhibited lack of devotion to duty and unbecoming of a Bank official. (ii) You sanctioned advance in an irregular manner beyond discretionary powers and by these acts undue favours have been passed on to the borrowers a...
J.K. Batteries Vs. Parasmal Jain
Court: Madhya Pradesh
Decided on: Nov-10-2014
Alok Aradhe, J: 1. This appeal is by the plaintiff against the judgment and decree dated 4.2.1997 by which the suit filed by the plaintiff for recovery of an amount of 1,20,695.50/- has been dismissed. 2. The facts, leading to filing of the appeal, briefly stated, are that the plaintiff filed the suit inter alia on the ground that the plaintiff is a company registered under the Companies Act and deals with the business of batteries. It was pleaded that the plaintiff appointed the defendants as distributors for Madras region in May, 1981. It was also pleaded that the defendants worked as distributors up to September, 1981 and the defendant No.1 had signed the statement of accounts on 15.1.1981. As per the aforesaid statement of account, the defendants have acknowledged their liability to pay an amount of 99,748.50/- to the plaintiff. However, despite the notice the defendants did not pay the amount in question. Accordingly, the plaintiff filed the suit for recovery of 1,20,695.50/- . 3....
Rohit Singhal Vs. State of M.P. through Station House Officer and Anot ...
Court: Madhya Pradesh
Decided on: Nov-10-2014
1. This petition under section 482 of Cr.P.C is filed for quashment of FIR and the proceedings arising out of Crime no. 544/2011 dated 25/08/2011 under section 406 of IPC registered by Police Station - Chimanganj Mandi. Ujjain against the present petitioner. 2. According to the petitioner, he was a Director of Femas Construction Company Ltd ( hereinafter referred to "FCCL" for brevity ) which provides integrated Engineering, Procurement, Project Management and Construction Services in Oil, Gas, Infrastructure and Petrochemical Sectors. The FCCL was awarded a contract by M/s Gail India Ltd. ( hereinafter referred to as "GAIL" for brevity) for laying of pipeline and other associated works. For the sake of this project, the FCCL required 70 tons pipe layers ( Cranes). Respondent no. 2 contacted the FCCL and submitted a quotation on 29/04/2010 for providing two numbers of caterpillar 583 machines to the FCCL on rent. The petitioner informed respondent no. 2 who was the Manager of M/s Midea...
Ishwar Lal and Another Vs. Revatram and Others
Court: Madhya Pradesh
Decided on: Nov-06-2014
N.K. Mody, J: 1. This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 22-10 2008 passed by Motor Accident Claims Tribunal, Ratlam in claim case No. 23/2008. By impugned award, the Claims Tribunal has awarded a total sum of 3,24.000/- with interest to the claimants for the death of one Mangal, who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent' 2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for t...
Digvijay Singh and Others Vs. The State of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Nov-05-2014
A.M. Khanwilkar, CJ. 1. This common judgment is rendered in all these matters, as similar points arise for consideration. Except the suo motu proceedings, Writ Petition No.6385/2014, all other petitions are filed by private persons as Public Interest Litigation, inter alia, praying for a direction to withdraw the investigation of the criminal cases commonly known as PMT VYAPAM Examination Scam cases from the Special Task Force (hereinafter referred to as the "STF") constituted by the State of Madhya Pradesh; and instead entrust the same to an independent Investigating Agency, namely, Central Bureau of Investigation (hereinafter referred to as the 'CBI"). This very relief was considered by the Division Bench of this Court (one of us, namely, Justice A.M. Khanwilkar, Chief Justice was member of that Bench), in Writ Petition 15186/2013 (Awashesh Prasad Shukla vs The State of Madhya Pradesh and others) and other companion matters, which were disposed of by a common judgment dated 16th Apri...
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