Court : Madhya Pradesh
Reported in : 1979CriLJ1494
ORDERM.L. Malik, J.1. The three Criminal Revisions Nos. 701 of 1977 (R. K. Karanjiya and Ors. v. Sewakram Sobhani), 105 of 1978 (R.K. Karanjiya and Ors. v. Sewakram Sobhani) and 103 of 1978 (R.K. Karanjiya and Ors. v. Sewakram Sobhani) are being disposed of by this common order.2. To state the facts, the applicant No. 1 is the Editor of Weekly 'BLITZ', which is published from Bombay and the rest of the applicants are connected with the 'BLITZ' publication in one capacity or the other. The 'BLITZ' Weekly is published in three languages viz. English, Hindi and Urdu.3. During the period of Emergency between June, 1975 and March, 1976. the non-applicant Sewakram Sobhani was a 'MISA' detenu and was lodged in the Bhopal Central Jail. Also were lodged in the same Jail two lady de-tenues viz. Sm. Uma Shukla and Smt. Ramkal Mishra, Advocate. The husband of Smt. Shukla is a practising Advocate at Bhopal but he was not a detenu. It is undisputed that Smt. Uma Shukla became pregnant while she was ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT384; 2005(4)MPLJ311
S.K. Kulshrestha, J. 1. The above appellants have preferred this appeal against the judgment dated 5-12-96 of the learned Additional Sessions Judge, Sohagpur, in S.T. No. 35/95, by which appellant Mota @ Nandkishore and Chhinga @ Jhalkan have been convicted under Section 302 of the IPC for committing murder of Mohan and sentenced to imprisonment for life and appellant Tulsiram and Chhinga have been convicted under Section 302 for committing murder of Chhidami. Appellant Mota @ Nandkishore has also been convicted under Section 302 read with Section 34 of the IPC of the murder of Chhidami. The sentences awarded to accused Mota @ Nandkishore and Chhinga @ Jhalkan have been directed to run consecutively.2. The case relates to the murder of Mohan and Chhidami. According to the prosecution, on 22-7-94 at about 7.30 p.m. in Village Murgidhana, accused Mota @ Nandkishore had gone to the house of deceased Mohan to recover the amount for taking his goats for grazing. Mohan asked for some time to...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ812
R.C. Lahoti, J.1. The landlord-plaintiff has come up in second appeal aggrieved by the judgment and decree of the lower appellate Court dismissing his suit for eviction of the defendant/respondents.2. The suit premises admittedly owned by the appellant are non-residential one. The appellant filed a suit for ejectment of the defendant/respondents on the grounds available Under Section 12(l)(a), (b) and (f) of M. P. Accommodation Control Act, 1961 (Act, for short). Appellant's entitlement to seek eviction under clauses (a) and (f) has been negatived by the Courts below and those findings have not been challenged. The appellant has persisted in pressing claim for eviction under clause (b) and hence facts relevant to that ground only need be noticed.3. At this stage, it is no longer in dispute that the two defendant/respondents are real brothers, No. l being the elder one. The tenancy commenced on 1-5-1968. The rate of rent is Rs. 26/- per month. The plaintiff alleged that though his shop ...
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Reported in : 1990MPLJ13
ORDERK.L. Shrivastava, J.1. This is an application under section 482 of the Criminal Procedure Code, 1973 (for short 'the Code') for quashing the proceedings in Criminal Case No. 375 of 1987 pending in the Court of Judicial Magistrate, First Class, Maheshwar.2. Circumstances giving rise to the application are these : On the basis of a written report lodged at P.S. Maheshwar by Govind Tiwari, Advocate, Maheshwar, the police on 24-7-1987 filed a challan under section 420, Indian Penal Code against the petitioner.3. According to the report the petitioner on 13-1-1987 borrowed Rs. 3000/- from the said Advocate and executed a document assuring him that he would repay the loan on receipt of money from Mandleshwar Court. However, despite haying received a cheque from the Court on 9-3-1987 and having withdrawn the amount, the petitioner despite persistent demands, has been evading payment and ultimately on 29-4-1987 when the petitioner had come to the office of the non-applicant he on being to...
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Reported in : 2008(3)MPHT485
Abhay M. Naik, J.1. Story of prosecution is that on 3-11-1986 complainant Hukumchand accompanied by wife Sheela Devi visited the house of his sister situated at Kharifatak Road, Vidisha for performing 'Teeka' on the occasion of 'Bhaidooj'. His sister Keshar Bai and her husband Mishrilal were residing as tenant in the property belonging to Chandra Kumar Jain, father of the accused. They reached in the house of Mishrilal at about 10:30 p.m. when Rajesh and Dilip (both sons of Mishrilal) came back from their business of 'Chat'. They used to run their business of 'Chat' on Thela. While coming back, they collected up one fused mercury tube light from road which was broken by Pradeep who also gave beatings to Rajesh. This was informed on coming back to home to Mishrilal. Mishrilal told them that he will apprise Chandra Kumar of the incident, who will further persuade his sons to behave properly. Chandra Kumar was residing with his family on the lower floor. Mishrilal came downstairs and appr...
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Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182
ORDERA.K. Gohil, J.1. This civil revision filed under Section 441-F of the M.P. Municipal Corporation Act, 1956 (hereinafter referred to as 'the Act of 1956'), is directed against the order dated 11-4-2002 passed by XII Additional District Judge, Indore in Election Petition No. 14/2000, whereby the Trial Court has dismissed the petition.2. It is a case of direct election to the post of Mayor, Municipal Corporation, Indore. Admittedly, the election to the office of Mayor, Municipal Corporation, Indore was notified on 25-11-99 and on 2-12-99. The last date for filing the nomination was 3-12-99. The date for scrutiny of nomination was 6-12-99 and the last date for withdrawal of nomination paper was 22-12-99. The election was held on 27-12-99 and the result was declared on 3-1-2000. Respondent No, 3, Kailash Vijayvargiya, amongst other non-applicants, contested the election and was declared elected as Mayor, Indore.Undisputedly, on the date of filing of the nomination paper, i.e., on 3-12-...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT39
A.K. Misra, J.1. The appellant who was a responsible police officer, was holding post of Circle Inspector in the police department of Government of M.P. He has been convicted for committing rape on Shyam Bai prosecutrix, under Sections 376, 366 and 342 IPC and sentenced to undergo R.I. for a period of five years under Section 376B, under Section 366 to undergo R.I. for 3 years, under Section 342 to undergo R.I. for 3 months.2. The incident took place on 2nd April, 86 and at the relevant time appellant Balram Kusre was posted as Circle Inspector at Balod, District Durg. Accused Balram Kusre was residing in the house of Ratanlal situated near the petrol pump. As per the prosecution case, on 2-4-1986 in the night at about 10:30 p.m. few persons of Tikrapara, Balod found prosecutrix Mst. Shyam Bai and one Roopram in suspicious condition in the house of one Meena Bai. They both were brought to the police station and were placed in the custody of police. Incharge of police station Balod regi...
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Reported in : 2006CriLJ3372; 2006(2)MPHT235
A.K. Gohil, J.1. This judgment shall govern the disposal of both the aforesaid criminal appeals. In Criminal Appeal No. 440/97 appellants have challenged their conviction under Sections 302/34, 324/34, 323/34, 450, IPC and in Criminal Appeal No. 444/98 the appellant/State after obtaining leave of this Court has challenged the acquittal of all the five respondents under the aforesaid sections.2. It is not in dispute that during the pendency of Criminal Appeal No. 440/97, appellant No. 2 Buddha s/o Mulchand has expired, therefore, his appeal against conviction stood abated. Respondent No. 3 in Criminal Appeal No. 444/98 Mulchand s/o Biharilal has also expired during the pendency of the appeal, therefore, the appeal stood abated against respondent No. 3 Mulchand.3. As per prosecution story, the incident took place on 24-1-1994 at about 8.00 in the night. On that day, appellant Naresh picked up stones which were kept outside the house of complainant Gyarasibai and started throwing them. Gy...
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1 Cr.A. No.828 of 2000 Cr.A. No.956 of 2000 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH: HONBLE SHRI JUSTICE RAKESH SAKSENA HONBLE SHRI JUSTICE SUBHASH KAKADE CRIMINAL APPEAL NO.828 of 2000 APPELLANT: Kallu @ Devendra S/o Ramraj, Aged- about 19 years, Caste Kori, R/o- H.No.27, Near the house of Hukumchand Prajapati, Chandwar, Thana Station Bajaria, Bhopal Versus RESPONDENT: The State of Madhya Pradesh and CRIMINAL APPEAL NO.956 of 2000 APPELLANT: Durga Singh S/o Devi Singh, Aged- about 20 years, Caste Chouhan, R/o- H.No.7, Near Cloth Mill Gate, Near the house of Hukumchand Prajapati, Thana Station Bajaria, Bhopal Versus RESPONDENT: The State of Madhya Pradesh Through Police Station Govindpura, Bhopal --------------------------------------------------------------------------------------------- For the Appellants : Shri Ghanshyam Pandey, Learned Counsel For the Respondent/State: Shri Amit Pandey, Learned Penal Lawyer -----------------------------------------------------------...
Tag this Judgment!Court : Madhya Pradesh
1 Cr.A. No.828 of 2000 Cr.A. No.956 of 2000 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH: HONBLE SHRI JUSTICE RAKESH SAKSENA HONBLE SHRI JUSTICE SUBHASH KAKADE CRIMINAL APPEAL NO.828 of 2000 APPELLANT: Kallu @ Devendra S/o Ramraj, Aged- about 19 years, Caste Kori, R/o- H.No.27, Near the house of Hukumchand Prajapati, Chandwar, Thana Station Bajaria, Bhopal Versus RESPONDENT: The State of Madhya Pradesh and CRIMINAL APPEAL NO.956 of 2000 APPELLANT: Durga Singh S/o Devi Singh, Aged- about 20 years, Caste Chouhan, R/o- H.No.7, Near Cloth Mill Gate, Near the house of Hukumchand Prajapati, Thana Station Bajaria, Bhopal Versus RESPONDENT: The State of Madhya Pradesh Through Police Station Govindpura, Bhopal --------------------------------------------------------------------------------------------- For the Appellants : Shri Ghanshyam Pandey, Learned Counsel For the Respondent/State: Shri Amit Pandey, Learned Penal Lawyer -----------------------------------------------------------...
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