Court : Madhya Pradesh
Reported in : AIR1960MP292
1. This is an appeal by the plaintiffs whose suit for redemption and possession of certain suit properties has been dismissed by the Court of the District Judge, Gwalior.2. The plaintiffs are auction-purchasers of the right of redemption in a Court auction sale. This auction sale was held in execution of a money decree of one Mahadeo Prasad against one Roshanlal, the original mortgagor. There were two mortgages in respect of the suit property both in favour of the defendant-respondent. The first was dated 9th September 1939. It was in favour of the defendant-respondent Murlidhar for a consideration of Rs. 7000/. It carried interest at 12 annas per cent per month and was redeemable after two years.The mortgage was a usufructuary mortgage. It contained a stipulation that the mortgagee shallbe entitled to recover rents and profits of the mortgaged house and if the rent of the year was insufficient to meet the liability for interest for that period, the unpaid interest shall be capitalised...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ120
S.K. Chawla, J.1. This is an appeal by an accused challenging his conviction under Section 302, Indian Penal Code, and sentence of imprisonment for life inflicted thereunder.2. It was not disputed that on 30-5-1986 at a trijunction of roads called Baram Baba Ka Tigadda, in village Khamria, police-station Kumhari, district Damoh, a quarrel had taken place between deceased Halka and appellant Narayan. The time then was day time around 2.30 P.M. During the course of that quarrel appellant Narayan inflicted a knife blow on the deceased.3. The prosecution case was that on account of previous enmity between the deceased and the appellant, the appellant stopped the deceased while the latter was at Baram Baba Ka Tigadda and was going to his own house. The appellant also took out a knife and inflicted knife blows on the deceased. One Ganga (P.W.2) tried to intervene but he was pushed and tripped on the ground by the appellant. The appellant then fled away from the scene. Deceased Halka died at ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ349
ORDERT.S. Doabia, J.1. This is a public interest litigation. The petitioner is a serving medical officer. He has shown concern for the dead in the same manner in which medical profession cares for the living. Railway administration has been arrayed as one of the respondents. The question whether public interest litigation can be resorted in such matters is not res integra. In Dr. P. Nalla Thampy Thera v. Union of India and others, (1983) 4 SCC 598, Ranganath Misra, J. (as his Lordship then was), took cognizance of a petition filed against the Railways claiming protection under Articles 19 and 21. After taking note of the development of the Railways in this country right from British times, meaningful observations were made in paras 25 and 27 of the report. These read as under :-'We have said earlier that the Railways are a public utility service run on monopoly basis. Since it is a public utility, there is no justification to run it merely as a commercial venture with a view to making ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ365
S.K. Chawla, J.1. The appellants numbering eight have been convicted under Section 302/149, Indian Penal Code for committing the murder of one Prem Singh in prosecution of their common object and also under Section 148/147, Indian Penal Code for rioting and have been sentenced to imprisonment for life for the first offence and to R. I. for 1 year for the second offence by 3rd Additional Sessions Judge, Damoh by judgment dated 1-12-1987. Aggrieved by their convictions and sentences, the appellants have filed the present appeal.2. The prosecution story briefly stated was that on 21-11-1986 at about 7.15 p.m. deceased Prem Singh was taking tea outside the hotel of one Baddan in a market place (referred to as Bajariya) of the town of Hindoriya, P.S. Hindoriya, district Damoh. All the eight appellants came in a body at that time and surrounded the deceased. Some time earlier appellant No. 7 Ganga Prasad had come to verify about the presence of deceased Prem Singh and had returned back only ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992CriLJ754
S.K. Chawla, J.1. The appellants numbering eight have been convicted under Section 302/149, I.P.C. for committing the murder of one Prem Singh in prosecution of their common object and also under Section 148/147, I.P.C. for rioting and have been sentenced to imprisonment for life for the first offence and to R.I. for 1 year for the second offence by 3rd Additional Sessions Judge, Damoh by judgment dated 1-12-1987. Aggrieved by their convictions and sentences, the appellants have filed the present appeal.2. The prosecution story briefly stated was that on 21-11-1986 at about 7.15 p.m. deceased Prem Singh was taking tea outside the hotel of one Baddan in a market place (referred to as Bajariya) of the town of Hindoriya, P.S. Hindoriya district Damoh. All the eight appellants came in a body at that time and surrounded the deceased. Some time earlier appellant No. 7 Ganga Prasad had come to verify about the presence of deceased Prem Singh and had returned back only to bring the remaining a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ389
ORDERS.K. Dubey, J.1. This order shall govern the disposal of Misc. Petition No. 2516 of 1984, Krishnapal Singh v. State of M. P. and Anr.; Misc. Petition No. 2517 of 1984, Pannalal v. State of M. P. and Anr.; Misc. Petition No. 2518 of 1984, Yashwant Singh v. State of M. P. and Anr.; Misc. Petition No. 2519 of 1984, Ramchandra Singh v. State of M. P. and Anr.; Misc. Petition No. 2520 of 1984, Mandatar Singh v. State of M. P. and Anr. and Misc. Petition No. 2521 of 1984, Surendra Singh v. State of M. P. and Anr..2. The petitioners in all the petitions are agriculturists, who for their agricultural operations hired labour, Bhils of Tahsil Petalwad, district Jhabua. On some complaints, after investigation concerning Police filed charge sheets under Sections 16, 17 and 18 of the Bonded Labour System (Abolition) Act, 1976 (for short 'the Act') against the petitioners, in the Court of Sub-Divisional Magistrate, Petalwad (for short 'the S.D.M.') in Criminal Case Numbers as mentioned below :S...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005CriLJ73
S.L. Jain, J.1. Appellants Sheikh Bashir and Sheikh Shafiq, who stand convicted under Section 302, IPC read with Section 34 thereof with sentence of imprisonment for life vide impugned judgment dated 11-3-89 passed by the Second Additional Sessions Judge, Bhopal, in Sessions Trial No. 98/86, have filed this appeal under Section 374(2) of the Code of Criminal Procedure.2. The prosecution case, in brief is that on 30-10-87 at about 12.00 o'clock in the afternoon the plouging operation was going on in the field of deceased Sheikh Nasir, known as 'Raghunathwala khet'. Deceased Shekih Nasir along with Sayed All (PW-10), Sheikh Mohd. alias Gutkay (PW-12) and Sheikh Rafique (PW-14) was ploughing the field. Sheikh Haneef (PW-9) and Sheikh Rayees (PW-11) were engaged in agricultural operations in the adjoining field. Appellant Sheikh Basheer his two sons namely, Sheikh Shafiq, appellant No. 2, and Sheikh Sharif and his brother-in-law, Sheikh Rehman reached the spot.3. Appellants Sheikh Bashir a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ2438
R.P. Gupta, J. 1. This reference Under Section 12 of the Contempt of Courts Act has been made by Shri U. C. Mishra, J.M.I.C. Sidhi against Shri Virendra Singh Parihar, Advocate, Sidhi in so far as he attempted to intimidate Shri M.C. Soni, J.M.I.C, Sidhi by filing criminal complaint against him for alleged offences committed by Shri Soni punishable Under Section 217/219 and 166. IPC. Section 166 provides punishment against public servant disobeying law with intent to cause injury to any person. Section 217 provides punishment against public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Section 219. IPC provides punishment against public servant corruptly making report contrary to law in judicial proceedings.2. The complaint dated 10-10-96 filed by the contemner against Shri Soni and co-accused Abhiramsingh Tiwari S.D.P.O. was that a private complaint filed by this contemner against One N. K, Shrivastava for various offences ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT189
S.L. Kochar, J.1. The appellants have preferred this appeal against the judgment dated 16-11-2002 passed in S.T. No. 560/2000 by 1st Addl. Sessions Judge, Alirajpur, District Jhabua (M.P.), whereby convicted the appellants under Section 307/34 of the Indian Penal Code and sentenced them to RI for seven years with fine of Rs. 100/-, in default of payment of fine amount they shall undergo additional SI for one month.2. According to the prosecution case, on 16-3-2000 in the evening at 5:30 p.m., complainant Chhidu (P.W. 1) was sitting at the outskirt of Village Vejada-Sakdi. Complainant returned back after attending 'Bhagoria' festival of their tribal community, at that moment appellants reached over there having 'Falia' and while saying that complainant was behaving like a proudy person and also asked him as to why he was sitting there; they assaulted him by 'Falia' causing injuries on back, right neck and back of the skull. Complainant fell on the ground and after some time his brother ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ3718
ORDERDipak Misra, J.1. The petitioners, namely, Sushil Kumar, s/o Shri Chand Mal and Sunil Kumar, s/o Shri Pal have approached this Court for issue of a writ of certiorari for quashment of the order dated 10-4-2001 passed by the Probation Board under Prisoners' Release on Probation Rules, 1964 (herenafter referred to as 'the Rules') refusing to release them on licence and the confirmation thereof by the State Government by order dated 25-4-2001.2. I may at the outset state that the present writ petition has been filed by giving details with regard to the concept of liberty, human rights, divinity that dwells in human heart, rights of freedom and such other rights that are put on a pedestal. There is prolific reference to the saving of Wallace Strews, Mahatma Gandhi, the father of the nation and some eminent Judges to build the foundation that the orders of rejection and confirmation thereof are sensitively suseptible and cannot stand scrutiny and deserve to be axed by this Court in exe...
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