Court : Madhya Pradesh
Decided on : Jul-31-2008
Reported in : AIR2009MP1
A.K. Patnaik, C.J.1. This is a reference made to the Full Bench by a Division Bench of this Court in a pending Public Interest Litigation filed by the petitioner under Article 226 of the Constitution of India.2. The relevant facts for appreciating why the reference has been made to the Full Bench are that the petitioner filed Writ Petition No. 988 of 1999 as a Public Interest Litigation (for short 'PIL') challenging the grant and payment of pension to Ex-Legislators of the State of Madhya Pradesh as well as the vires of the M.P. Vidhan Sabha Sadasya Vetan Tatha Bhatta Tatha Pension Adhiniyam. A Division Bench of this Court hearing the PIL found that the issue raised in the PIL had already been settled by another Division Bench of this Court in Raghu Thakur v. State AIR 1997 MP 223 and the grant and payment of pension to Ex-Legislators had been held as intra vires the Constitution. The Division Bench further held in the order dated 9-9-1999 in W.P. No. 988 of 1999 reported in 2000 (2) M...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-16-2008
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...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-01-2008
Reported in : 2008(5)MPHT42
ORDERR.S. Garg, J.1. The petitioners by these petitions are challenging the constitutional validity of Rule 143-A as framed by the State Bar Council of Madhya Pradesh. Rule 143-A of the Rules which prescribed 45 years as the maximum age for registration as an Advocate, has been challenged on the ground of unreasonableness and being violative of Articles 14, 16 and 19 of the Constitution of India. It is submitted in the petitions that the Bar Council of Madhya Pradesh has no power, authority or jurisdiction to make such a Rule and on the ground that the rule is arbitrary and discriminatory as persons who have crossed the age of 45 years have been debarred from entering the profession simply on the ground that they have crossed the age of 45 years. It is also submitted by the petitioners that Rule 143-A as amended has no nexus with the mental level of a person to act, appear and plead for a client as an Advocate. It is further submitted that in view of the judgment of the Supreme Court i...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-13-2008
Reported in : 2008(3)MPHT103
A.P. Shrivastava, J.1. Appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure against the judgment of conviction and sentence dated 9th July, 2001 passed by the Special Judge (N.D.P.S.) and the Additional Sessions Judge, Gwalior (M.P.) in Special Case No. 6/2000, by which he has been convicted under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act')1985 and sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs. 1 lac; in default of payment of fine, he shall further undergo imprisonment for two years.2. In brief, the story of the prosecution is that on 4.7.2000, Station House Officer D.S. Kushwah(P.W.8) P.S. Gwalior in the evening at Hazira Chowki got information that three persons on a Yamaha motorcycle bearing Regn. No. U.P.16-A-2932 are going from Jati Ki Line towards Morar and they are carrying opium beneath the seat of the vehicle. The information w...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-11-2008
Reported in : 2009(2)MPHT472
N.K. Mody, J. 1. Being aggrieved by judgment and decree dated 25-10-83 passed by Additional District Judge, Jhabua in Civil Suit No. 3-B/1981, whereby the suit filed by the appellants for compensation was dismissed, the present appeal has been filed.2. Short facts of the case are that the appellants who were minors filed a suit against the respondents for realization of a sum of Rs. 1,50,000/- on 17-6-77 alleging that deceased Maltidevi Gidwani was the mother of the appellants and was working in the office of Animal Husbandry, Jhabua as Accountant. The salary of the deceased Maltidevi was Rs. 373/- per month. It was alleged that on 19-7-1976 Smt. Maltidevi Gidwani was hospitalized at District Hospital, Jhabua where she delivered a son Laxman. It was alleged that after the delivery Maltidevi was pressurized by respondent Nos. 5 to 7 for T.T. operation and upon her denying the deceased and her husband were threatened that the deceased and her husband shall be terminated from their job an...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-04-2008
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...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-29-2008
Reported in : 2008(2)MPHT41
ORDERDipak Misra, J.1. The petitioner, a resident of Village Shahpura Bhitoni, District Jabalpur, a social worker and a voter of Shahpura Panchayat as a pro bono publico has preferred this writ petition for debarring the respondent No. 9, Gulab Singh Gond, from continuing on the post of President, Janpad Panchayat, Shahpura as he is not entitled to continue on the said post because he has incurred the disqualification as envisaged under Section 36(1)(a)(ii) of the M.P. Panchayat Avam Gram Swaraj Adhiniyam, 1993 (for brevity 'the Act').2. At the very outset we are obliged to state that colossal objections were raised by Mr. Bhati, learned Counsel appearing for the ninth respondent about the locus standi of the petitioner and immense emphasis was put on the language employed under Section 36 requiring this Court to place an interpretation on the said language to highlight that the structure which is sought to be built by the petitioner relating to the disqualification of the said respond...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-04-2008
Reported in : 2009ACJ2442
S.K. Gangele, J. 1. This appeal has been filed by the appellants under Section 173 of the Motor Vehicles Act, 1988, against an award dated 21.4.2005, passed by the Sixth Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 60 of 2004 for enhancement of compensation.2. Deceased Sunil Agrawal was going to paan shop on 1.7.2004 at around 1.30 p.m. when he was hit by a bus bearing registration No. MP 07-F 1488. Deceased died on the spot; report of the incident was lodged at the police station and an offence was also registered against the driver of the bus. Subsequently, the appellants filed claim application before the Claims Tribunal claiming the total compensation of Rs. 63,30,000. Appellants pleaded that they are wife and daughter of the deceased and deceased had been working as Assistant Engineer in Electricity Department and he had been receiving monthly salary of Rs. 23,000, after promotion he could get further enhancement of salary of Rs. 3,000. Vehicle was driven ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2008
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
Decided on : Aug-22-2008
Reported in : 2009(3)MPHT196
Sushma Shrivastava, J.1. Appellant has preferred this appeal challenging his conviction and order of sentence passed by Vth Additional Sessions Judge, Bhopal in S.T. No. 36/93, decided on 5-4-94.2. Appellant has been convicted under Section 376 of IPC for committing rape on a minor girl aged about eight years and sentenced to Rigorous Imprisonment for seven years by the impugned judgment.3. According to prosecution, on 21-11-92 in the evening at Motinagar, Bhopal, when complainant's daughter aged eight years (hereinafter referred to as 'victim') was playing outside her house, appellant came there and took her to cattle-shed and committed sexual intercourse with her. When she shouted, appellant intimidated and threatened her not to disclose the incident to anyone at her house. When the mother of the girl discovered the injuries oh her private part while giving bath to her, she enquired from her. The girl then narrated the incident of rape to her mother. The matter was then reported to P...
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