Madhya Pradesh Court December 2014 Judgments
Sangeeta Bansal Vs. State of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Dec-20-2014
1. This writ petition take exception to the order dated 09.09.2014 passed by the respondent No.2 as also the final order dated 25.09.2014 passed by the respondent No.1 accepting the proposal made for recall of the petitioner as President of the Municipal Council, Harda. Undisputedly the petitioner was elected as President of the said Municipal Council and such election was notified in the year 2011. The Municipal Council, Harda consists of 30 wards and 30 members have been elected as Councillors. Such notification of election was issued on 9 th November, 2011 in the M.P. Gazette (Extraordinary). 2. It is the contention of the petitioner that in terms of Section 47 of the Madhya Pradesh Municipalities Act, 1961 (herein after referred to as 'Act'), a proposal was made by 23 Councillors before the Collector for recall of the petitioner. The fact stated in the said application/proposal was that the manner of working of the petitioner was not in the interest of the Municipal Council and, th...
Tag this Judgment!Arjun Kakodiya Vs. Kamal Marskole and Others
Court: Madhya Pradesh
Decided on: Dec-19-2014
1. The petitioner has preferred this Election Petition under Section 80 read with Section 81 of Representation of People Act, 1951 (hereinafter referred to as the Act of 1951) calling in question the election of respondent no.1 as a member of Legislative Assembly of the State of Madhya Pradesh from 114 - Barghat (S.T.) Constituency District Seoni with prayer of calling the entire relevant records and the order for re-inspection/recount of votes polled in Legislative Assembly of the State of Madhya Pradesh from 114-Barghat (S.T.) Constituency and further declaration is sought that the election of respondent no.1 may be set aside and instead the petitioner be declared as duly elected candidate. 2. It is undisputed that petitioner was set up as official candidate of Indian National Congress for aforesaid 114- Barghat (S.T.) District Seoni Legislative Assembly Constituency and respondent No.1 was set up as an official candidate of the Bhartiya Janta Party for 114- Barghat (S.T.) District S...
Tag this Judgment!Registered District Co-operative Agricultural and Rural Development Ba ...
Court: Madhya Pradesh
Decided on: Dec-19-2014
1. This petition filed under Article 226 of the Constitution is directed against the order dated 19.8.2014, whereby the petitioners were held to be disqualified for membership of the committee. The consequential order of the same date, Annexure P-1, is also called in question, whereby it was held that the elected Board of Directors has ceased to function for want of quorum. Accordingly, in place of Board of Directors, an Administrator is appointed. 2. The case of the petitioners is that the petitioner-Board was constituted for five years pursuant to an election held on 4.4.2008. The term of the Board was five years, i.e., up to 3.4.2013. Before the Board could complete its tenure, it was suspended on 9.12.2009. This suspension order was challenged before this Court in WP No. 4536/2011. The Division Bench by order dated 30.1.2014 (Annexure P/4) set aside the said suspension order. The said order of this Court was unsuccessfully put to test before the Apex Court in SLP No.10826/2014. The...
Tag this Judgment!Ashok and Others Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-19-2014
S.K. Gangele, J. (1) All these three appeals have been filed against the common judgment of conviction and sentence dated 13th May, 2005 passed by Second Additional Sessions Judge, Ashok Nagar, District Guna in Sessions Trial No.196/2003. The trial Court convicted four accused persons for commission of offence punishable under Section 364-A/34 of Indian Penal Code [in short "IPC"] and sentenced them to undergo life imprisonment with fine of Rs.1 lac each; in default of payment of fine, further undergo five years rigorous imprisonment each. (2) Against this common judgment of conviction and sentence, appellant-accused Ashok S/o. Shri Ramnarayan Sharma preferred Criminal Appeal No.34/2006; appellants- accused Gopal S/o. Shri Babulal and Naval Singh S/o Shri Jagnnath Singh preferred Criminal Appeal No.384/2005 and appellant- accused Pradip Kumar S/o.Nannulal preferred Criminal Appeal No.409/2005. (3) In Criminal Appeal No.34/2006, the Division Bench of this Court vide order dated 23/08/20...
Tag this Judgment!Chunnilal (Dead) and Another Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-17-2014
Sushil Kumar Gupta, J. 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 29.10.2005 passed by learned Third Additional Sessions Judge, Gwalior in Sessions Trial No.147/2003 convicting the appellants under Section 307/34 of Indian Penal Code, 1860 (in short "Code, 1860") and thereby sentencing them to suffer five years' rigorous imprisonment and fine of Rs.1000/- (Rupees One Thousand), in default, further rigorous imprisonment of three months, the appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (in short "Code, 1973"). 2. During the pendency of this appeal, the appellant, Chunnilal had died and his name has been deleted from the cause title, as the appeal stood abated against him. 3. In brief, the case of prosecution is that on dated 16.12.1998 in the night at about 9:30 when complainant Ashish alias Shyam (PW.3) had come on motorcycle to his house, at that time appellants/accused came on motorcycle armed with ...
Tag this Judgment!Rajaram and Others Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Dec-17-2014
1. In this petition filed under Article 226 of the Constitution of India, the petitioners, villagers of Village Badora, Tehsil Karera, District Shivpuri have called in question the legality, validity and propriety of the notification dated 23.8.2013 issued under Section 4 of the Land Acquisition Act, 1984 (Act). The petitioners have also prayed that the respondents be restrained from encroaching the land over which they intend to construct a water pond. 2. Shri Arvind Dudawat, learned counsel for the petitioner submits that petitioners are owners of agricultural land bearing Survey No. 683, 696, 694 and 700 of Village Badora, Tehsil Karera, District Shivpuri. Their only source of livelihood is agriculture. It is contended that earlier for the benefit of resident of village Teela, a decision was taken to construct Teela tank on the land of said village which was duly identified. An order dated 17.1.2012 was passed for the purpose of construction of Teela tank. Thereafter, the State Gove...
Tag this Judgment!Kalpana Shivhare and Another Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Dec-16-2014
S.K. Gangele, J. 1. Petitioners have filed this review petition for review of the order dated 19/3/2013 passed by this Court in Writ Petition No.1635/2013. 2. This Court disposed of the aforesaid writ petition with the following observations : ''It is observed by the Commissioner in the order under challenge (Annexure P/1) that the Gwalior Development Authority published a lay out plan/scheme in regard to development of the area. Gazette notification was also published and in accordance with the aforesaid scheme, the land is reserved for construction of road. The petitioners had purchased the land as agriculture land after the notification of the scheme and thereafter petitioners encroached over the area, which is reserved for construction of road. On the basis of the aforesaid finding, the representation of the petitioners has been rejected vide impugned order. Learned senior counsel appearing on behalf of the petitioners contended that the scheme published by the Gwalior Development ...
Tag this Judgment!Pappu alias Yogendra Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-16-2014
S.K. Gangele, J. 1. Appellant has filed this criminal appeal assailing the impugned judgment of conviction and sentence dated 23/8/1999 delivered by the Court of Sessions Judge, Morena in Sessions Trial No.325/1994 convicting him for an offence punishable under section 302 IPC and sentencing to undergo imprisonment for life. 2. Appellant alongwith acquitted co-accused one Kiran Nurse is tried for committing the murder of one Laxminarayan alias Laxman Singh in the night intervening 27th and 28th July, 1994 3. Case of the prosecution, in nut shell, is that on 27/7/1994 appellant came to the house of Laxminarayan alias Laxman Singh (hereinafter, referred to as "the deceased") at the later's residence at Koteshwar Colony, Gwalior and asked about the deceased. At that time, the deceased was taking rest. When the deceased was told about arrival of the appellant, he came out and talked to the appellant for sometime. Around 3.00-3.30 in the afternoon, the deceased went alongwith the appellant ...
Tag this Judgment!Sohanlal Singhal and Another Vs. Sunil Jain
Court: Madhya Pradesh
Decided on: Dec-15-2014
1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 [in short the "Code"] by the petitioners being aggrieved by the order dated 06.05.2014 passed by Judicial Magistrate First Class, Gwalior in Criminal Complaint No.5739/2013 whereby the application under Section 45 of Evidence Act, 1872 [for brevity Act 1872] sending the disputed cheque for examination by the handwriting expert was dismissed. 2. Brief facts of the case are that respondent filed a private complaint under Section 138 of Negotiable Instruments Act, 1881 [in short the Act 1881] wherein it was alleged that accused received Rs.5,00,000/- from the respondent/complainant and for paying the same issued a cheque No.000097 of Allahabad Bank dated 11.03.2013 in favour of the complainant. It was further alleged that cheque was presented in the bank by the complainant and the same was dishonored with the endorsement opening balance insufficient, hence, issued a legal notice, thereafter, private ...
Tag this Judgment!Ashok Prajapati Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-15-2014
N.K. Gupta, J. 1. The appellant has preferred the present appeal being aggrieved with the judgment dated 30.9.2010 passed by the Eighth Additional Sessions Judge, Bhopal in S.T.No.713/2009, whereby the appellant has been convicted of offence under Section 302, 498-A of IPC and sentenced to life imprisonment with fine of Rs.2,000/- and 1 year rigorous imprisonment with fine of Rs.200/-. Default sentence of 3 months and 7 days was also imposed respectively in lieu of payment of fine. 2. The prosecution's case, in short, is that, deceased Manisha Prajapati was married to the appellant on 28.6.2009. On 28.8.2009, an intimation was received at Police Station Gunga that in the house of the appellant, a gas cylinder had exploded. Head Constable Ramashray Yadav (P.W.10) therefore alongwith Constable Ramkrishna Tiwari went to the house of the appellant, situated at village Nipaniya. Head Constable Ramashray Yadav found that there was no incident of explosive of gas cylinder but, Manisha Bai had...
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