Court : Madhya Pradesh
1 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH:HON'BLE SHRI JUSTICE RAKESH SAKSENA HON'BLE SMT JUSTICE VIMLA JAIN CRIMINAL APPEAL No.2929/2000 Ramswaroop Aged 37 years S/o Durga Prasad Luhar Occupation Driver R/o Village Tohiyapura Kulpahad Hall Teharka District Tikamgarh (MP) Appellant Versus State of Madhya Pradesh Through Police Station Teharka District Tikamgarh (MP) Respondent ------------------------------------------------------------------------------------------- Smt Durgesh Gupta, Advocate for the appellant. Shri Amit Pandey, Panel Lawyer for the State. Date of hearing :19. 3.2013 Date of judgment:25. 3.2013 (JUDGMENT ) Per: Vimla Jain, J Appellant Ramswaroop Luhar preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 18.10.2000 passed by 1st Additional Sessions Judge, Tikamgarh in Sessions Trial No.66/99, 2 whereby he has been convicted and sentenced as under:- Provision Sentence Under Section 302 of IPC...
Tag this Judgment!Court : Madhya Pradesh
W.P.No.15240/2010 04.10.2012 Shri Pradeep Sharma, learned counsel for the petitioner. Shri S.M. Lal, learned Govt. Advocate for respondents. The controversy involved in this petition is whether the services rendered by the petitioner in a Society which was running the Sarvodaya Higher Secondary School Surwari, before its taking over by the State Government are to be counted for the purposes of fixation of pension of the petitioner or not. It is contended that the private Society constituted was running a school which was subsequently taken over by the State Government and an agreement was executed in this respect on 1.6.1983. In terms of the agreement, the entire property of the said Society with respect to the school was vested in the State Government. The services of the petitioner were absorbed in the Government department and he was granted the benefit of seniority from his initial date of appointment in the school. The petitioner has attained the age of superannuation and has reti...
Tag this Judgment!Court : Madhya Pradesh
1 Cr.A No.26/2007 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH:HON'BLE SHRI JUSTICE RAKESH SAKSENA HON'BLE SHRI JUSTICE T.K. KAUSHAL CRIMINAL APPEAL No.26 OF 200.APPELLANT: Feran, S/o Lakhan Lodhi, aged about 28 years, Occupation- Agriculturist, R/o Village-Chandena P.S. Madiado, District- Damoh (M.P) Versus RESPONDENT: State of M.P through police Station- Madiado, District- Damoh (M.P) ****************************************************************** For appellant : Shri Madan Singh, Advocate For Respondent : Smt. Nirmala Nayak, G.A along with Shri Amit Pandey, Panel Lawyer ****************************************************************** Date of hearing :30. 08/2012 Date of judgment: /09/2012 Per T.K. Kaushal.J:- This appeal has been preferred under section 374(2) of the Code of Criminal Procedure, 1973 (in short Cr.P.C) against the judgment dated 13/10/2006 passed by IInd Additional Sessions Judge, Damoh in Sessions Trial No.147/2003 convicting the appellant under secti...
Tag this Judgment!Court : Madhya Pradesh
HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH: HONBLE SHRI JUSTICE SUBHASH KAKADE CRIMINAL APPEAL NO.132 OF1998Daddi Baiga Son of Late Shri Goli Baiga, Aged about 35 years, Occupation : Labour, R/o Village-Beharde, Police Station- Norojabad, Tehsil, Bandhavgarh, District-Shahdol (MP) APPELLANT VERSUS The State of Madhya Pradesh RESPONDENT Shri Umakant Sharma, Senior Advocate with Shri R.K.Patel, Advocate for appellant. Shri Samdarshi Tiwari, Govt. Advocate for respondent /State. Judgment Reserved on :26. 07.13 Judgment Delivered on :27. 09.13 JUDGMENT Appellant Daddi Baiga has filed this appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 17.12.1997 passed by the learned Additional Sessions Judge, Umaria, District-Shahdol, in Session Trial No.134/97 (State of M.P. vs. Daddi Baiga), whereby the appellant was convicted under Section 376(1) of IPC and awarded a punishment of rigorous imprisonment of seven years and fine of Rs.1,000/-, in...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP14
1. This is a reference by the first Civil Judge, Second Class, Indore, under Order 46, Rule 1, Civil Procedure Code for deciding the question whether if a Bhumi-swami is dispossessed of any land held by him as Bhumiswami otherwise than in due course of law, he can file a suit under Section 9 of the Specific Relief Act, 1877, (hereinafter referred to as the Act), for recovering possession of the land.2. The reference arises out of a suit filed by one Nathu under Section 9 of the Act against Dilbande Hussain and three other persons for possession of certain land on the allegations that he was in possession of the land in suit as Bhumiswami and that the defendant had dispossessed him without any right otherwise than in due course of law. The defendants, while admitting that the plaintiff is recorded as a Bhumiswami of the disputed land, raised the objection that under Section 250 of the Madhya Pradesh Land Revenue Code, 1959, (hereinafter referred to as the Code), read with Section 267 (x...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1993)ACC656; 1994ACJ249; AIR1993MP79; 1993(0)MPLJ38
S.K. Chawla, J.1. This is an appeal by claimants from an award of Motor Accidents Claims Tribunal, (for short Tribunal) dismissing their claim.2. On May, 1, 1983, in the early morning hours around 5 a.m., a motor accident had taken place at Sheopurkalan road, in which one Asgar Ali, aged 45 years, was crushed on both of his legs and died on the following day in a hospital of those injuries. The vehicle in question was truck No. MPW 9961 driven at that time by one Shyam Sharma (respondent No. 2 herein and owned by one Nemichand (respondent No. 1 herein), which was insured with National Insurance Company (respondent No. 3 herein).3. The case of the claimants appellants, who are widow and children of the deceased, to the effect that accident occurred because of negligent driving of truck by the driver, was disbelieved by the claims Tribunal. On the other hand, the Tribunal accepted the version of the opposite parties that the deceased had committed suicide by laying himself under the movi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP278; 1973MPLJ815
Singh, J. 1. By this petition under Articles 226 and 227 of the Constitution the petitioner calls into question an order dated 25th March 1973 passed by the Principal, Mahakoshal Arts Mahavidyalaya. Jabalpur, rusticating him for a period of two years. 2. The petitioner was a student of M. A. (Final) Philosophy in Mahakoshal Arts Mahavidyalaya, Jabalpur. A complaint was made to the Principal on 21st March, 1973 by one Mrs. Renuka Gupta, a Lecturer in Government Science College, Jabalpur, that the petitioner molested her in the College Library. On this complaint, the Principal on 22nd March, 1973 issued a notice to the petitioner to appear before him and to explain why he should not be rusticated from the college on the ground of misconduct. As the petitioner denied the charge, the Principal constituted a committee for conducting an enquiry into the complaint against the petitioner. The committee consisted of Dr. V. S. Rao, Professor and Head of the Department of economics, Professor S. ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]116ITR245(MP)
G.P. Singh, J.1. This is a reference made by the Income-tax Appellate Tribunal under Section 256(1) of the I.T. Act, 1961, at the instance of the Addl. CIT. 2. The assessee is a non-resident 'individual'. The relevant assessment year is 1947-48 for which the previous year ended on 31st March, 1947. It came to the notice of the ITO that the assessee had purchased on 26th April, 1946, a bank draft at Delhi for remitting a sum of rupees one lakh to Jaipur, where it was placed in fixed deposit in four equal amounts of Rs. 25,000 each in different names. As the ITO had reason to believe that the said income of rupees one lakh had escaped assessment, he initiated proceedings under Section 147(a) of the I.T. Act, 1961, with prior approval of the CBR by issuing a notice under Section 148 on 3rd February, 1964, which was served on the assessee on 12th February, 1964. The assessee filed a nil return under protest and declared an amount of rupees one lakh in column D of the return. The assessment...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1957]8STC845(MP)
ORDER1. This is a reference by the Board of Revenue, Madhya Pradesh, under Section 23 (1) of the C.P. and Berar Sales Tax Act, 1947, hereinafter called the Act.2. The reference has arisen out of an order of assessment of sales tax on the bidis of the value of Rs. 3,39,949 despatched by Ramchandra Rathore and Bros, of Saugar, the assessee-company, to one Kanhaiyalal Pradhan at Bareilly in Uttar Pradesh in the year ending 31st December, 1949. The despatches were made in pursuance of an agreement executed on 1st April, 1937, by the assessee-company on the one hand and the predecessor-in-title of Kanhaiyalal Pradhan on the other. The terms of the agreement are reproduced below : --(i) The agent shall stock for sale sufficient stock of Cannon Brand bidi, our own make, and shall not stock bidi from any other source of Saugar or of Saugar side.(ii) The rates for sales shall be fixed by the company. The agent is bound to adhere to these rates, any reduction or increase in which shall be made w...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT326
Arun Mishra, J.1. The appeal has been preferred by the appellants being aggrieved by the judgment and conviction dated 26-7-93 passed by the Ist Additional Sessions Judge, Sehore in Sessions Trial No. 279/92, whereby the appellants have been convicted for commission of offence under Section 302/34, IPC sentencing them to undergo rigorous life imprisonment.2. As per the prosecution case, deceased Suresh and accused persons where residing at Village Khamlaha. Deceased had accompanied the accused persons in the night, he did not come back to the house. Consequently, Kishore Singh and Munnalal went to the house of Manohar to ask about the whereabouts of Suresh. For several days they inquired from Manoharlal but he expressed ignorance as to the whereabout of deceased Suresh. They also inquired from co-accused Nandlal. He also expressed ignorance as to the whereabouts of deceased Suresh. The prosecution further alleged that on 3-8-92, one Sangram Singh, son of Kamal Singh found the dead body...
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