Madhya Pradesh Court April 2015 Judgments
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Ram Mahesh Sharma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-13-2015
U.C. Maheshwari, J. 1. On behalf of the applicant, this petition is preferred under section 439 of the Code of Criminal Procedure for grant of bail to the applicant as he is in custody since 9.12.2014 in connection with Crime No.449/2013 registered at Police Station Jhansi Road, Gwalior for the offences of Sections 419, 420, 468, 471 read with Sections 120-B and 201 of IPC and Sections 3/4 of the Madhya Pradesh Recognised Examination Act. 2. Applicant's counsel after taking us through the papers placed on the record argued that the applicant himself has not committed any alleged offence, but he has been falsely implicated in the matter by fabricating the false story. In continuance he said that as per the allegations of the prosecution, the applicant being the father of Avnish Sharma had managed the affairs through racketeer Deepak Yadav in consideration of LFive Lac to manage the admission of his aforesaid son in the medical course by breaking the system of the competitive examination...
Jyotiraditya Charitable Trust Vs. Registrar, Public Trust
Court: Madhya Pradesh
Decided on: Apr-10-2015
1. In this petition filed under Article 226 of the Constitution, the petitioner has prayed for following reliefs:- In the light of the abovementioned facts and circumstances of the case, entire proceedings in case no. 03/13-14/B-113 (Trust) including order date Nil/Aug/2014 i.e. Annexure-P/4 and show cause notice dated 19.08.2014 Annexure P/1A and order dated 9.03.2015 Annexure P/1 be quashed or alternatively the respondent be directed to dispose the application filed by the petitioner i.e. P/5 first, before proceeded further in the matter. 2. Shri Ankur Mody, learned counsel for the petitioner submits that the petitioner is a charitable trust, registered under M.P.Public Trust Act, 1951 (for short, the 'Act'). The Trust was set up with the object of doing public charity. The Trust Deed is filed as Annexure P/3. It is contended that in the year 2006, certain properties of the Trust were sold by the trustee of the Trust in exercise of its power as per clause 10 (n) of the Trust Deed. I...
Prasant Goyal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-09-2015
1. This revision under Section 397/401 of Cr.P.C. has been filed challenging the order dated 19.02.2013 passed by the 9thth Additional Sessions Judge, Gwalior, in Sessions Trial No.101/13 whereby charges under Section 304-B in alternative 302 in alternative 306 and under Section 498-A of IPC has been framed against the petitioner/accused. 2. It is alleged that deceased Amrita Agrawal, wife of Tarun Agrawal, aged 25 years died on 06.09.2012 in suspicious circumstances by hanging. Therefore, offence under Section 304-B read with Section 34 of IPC was registered against her mother-in-law, two sisters-in-law and the applicant,the husband of the sister-in-law of the deceased. 3. During investigation it was found that the accused persons demanded two lacs rupees as dowry and were harassing the deceased. Husband of the deceased was in the habit of taking alcohol. His mother Shobha Agrawal, Sister Chanda and petitioner Prashant repeatedly 'taunting' the deceased for she did not bring sufficien...
Vijay Kumar Gupta Vs. Pankaj Sharma
Court: Madhya Pradesh
Decided on: Apr-08-2015
B.D. Rathi, J. (1) The instant petition under Section 482 of the Code of Criminal Procedure (for short "the Code") has been filed by the petitioner having been aggrieved by the order impugned dated 20/1/2015 passed by the revisional court in Cri. Rev. No. 467/14 whereby the order dated 15/12/2014 passed by the JMFC, Gwalior in Criminal Case No.5069/2014 was maintained. (2) As per the facts of the case, one private complaint was filed by the respondent-Pankanj Sharma against the petitioner-Vijay Kumar Gupta alleging commission of offence under section 138 of the Negotiable Instruments Act (for short "NI Act"). After appearance of the petitioner, one application was preferred by him before the trial court on 3/11/2014 contending that in this case demand notice has not been served upon the petitioner/accused and therefore in the absence of service of notice, the complaint could not have been entertained by the court nor could any cognizance under the Act for the alleged offence have been ...
Elihu Estate and Finance Pvt. Ltd. Vs. Union of India
Court: Madhya Pradesh
Decided on: Apr-07-2015
1. Heard on admission. 2. The appellants have preferred the present writ appeal against the order dated 18.9.2014 passed by the writ Court in W.P. No. 2496/2013, whereby no writ was issued by the writ Court and writ petition was dismissed. 3. Facts of the case, in short, are that, the respondent No. 2 was erecting tower for electrical line over the lands of the appellants with help of a contractor (Licensee). The appellants have filed a writ petition that without their consent, such electrical line could not be erected. 4. Learned Single Judge, after considering the submissions made by the parties, dismissed the writ petition vide impugned order dated 18.9.2014. 5. Learned counsel for the appellants has invited the attention of this Court to the provisions of Section 16 of Indian Telegraph Act and submitted that powers given under Section 10 of Indian Telegraph Act shall be read with Section 16 of that Act and therefore, without consent of the appellants, no such electrical line can be...
Lakhan and Another Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-01-2015
Alok Verma, J. 1. This criminal appeal is directed against the conviction and sentence passed by the learned Additional Sessions Judge, Indore in Sessions Trial No.185/2006 by judgment dated 10.11.2010 whereby the learned Additional Sessions Judge convicted the accused Lakhan under section 302 IPC and accused Virendra under section 302 r/w section 34 IPC and sentenced them to life imprisonment and fine of Rs.1,000/- each with default clause. 2. According to prosecution story, marriage of younger brother of complainant Kamalsingh Nayak was to be solemnized in village Limbodi with daughter of Bhanwarlal Patel. The marriage party reached the village at about 10:00 pm. to the place of the ceremony which was field of one Samundar Patel. On reaching there, the persons from the family of the girl invited them to have dinner first as the food was ready. At that moment, the band was playing music and the present accused who were from girl's side were dancing on the tune. 3. The complainant Kama...
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