Court : Madhya Pradesh Jabalpur
1. Appellant has filed this appeal against the judgment dated 29th April, 2002 passed by Sessions Judge, Balaghat in Sessions Trial No. 32/2002, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.2. In short, the facts of the case are that appellant felt annoyed with Brajlal Pawar (deceased) on his providing a room to Dasharam, uncle of appellant for living in his house. He entertained suspicion that the deceased would obtain the land of Dasharam. On 3.12.2001, appellant went at the house of deceased and sat there for talking. He asked for food. When he and the deceased were eating food and Raman Bai, the wife of deceased was cleaning utensils, she heard an altercation between them. Appellant abused deceased saying that why he gave shelter to Dasharam in his house. He assaulted deceased with fists and ran after him to beat with an ' Ubhari ' of bullock cart. Raman Bai tried to intervene, but she was pushed away. Appellant pulled the de...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Appellants have filed this appeal against the judgment dated 26.5.2007 passed by Sessions Judge, Katni in Sessions Trial No.159/05 and 182/05, respectively against each accused, convicting appellant Santosh Kumar Tiwari under section 302 of the Indian Penal Code and to appellant Rambihari Gautam under section 302 read with section 114 of the Indian Penal Code and sentencing each of them to rigorous imprisonment for life with fine of Rs.1000/-. In default of payment of fine, further rigorous imprisonment for one year.2. In short, prosecution case is that on 25.5.2005, in the evening at about 5:00-5:30 p.m. contractor Manmohan Singh Reel (deceased), along with Pratap Topnani, Prakash Gupta, Pramod Verma and Raju Yadav, was sitting in Trauma Unit of District Hospital, Katni where construction of Trauma Unit building was in progress. The neighbouring building of O.P.D. was being constructed by accused Rambihari Gautam. Rambihari Gautam, from his site, came at the site of deceased and sa...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Ms. Prabal Gupta, Counsel for the petitioner. Shri Anurag Tiwari, Counsel for respondent no.1. Shri J.L.Soni, Counsel for respondents 2 and 3. None for respondents 4 and 5. They were exparte before the trial Court and also before the appellate Court. So services on these respondents are dispensed with.2. This petition is directed against an order dated 20th April, 2010 by XII Additional District Judge,Jabalpur in Civil Appeal No.11-A/2009 by which the petitioner's application under Section 10 read with Section 151 C.P.C,( in short hereafter referred as the 'Code') was rejected.3. Facts of the case are that the respondents 2 and 3 filed a suit for eviction against the petitioner and respondents 1,4 and 5.In the said suit, an exparte judgment and decree was passed against the petitioner and also against other respondents. The aforesaid ex parte judgment and decree has been challenged by respondent Rafi Uddin before the XII Additional District Judge, Jabalpur in Civil Appeal No.11-A/20...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This revision has been preferred being aggrieved by the Order dated 12.2.2009 passed in Criminal Appeal No.15/2009 by which Ist Addl.Sessions Judge, Chhatarpur rejected the appeal by affirming the order passed by Chief Judicial Magistrate, Chhatarpur dated 1.1.2009 in Criminal Case No. 2468/2008 whereby the prayer of petitioner being Juvenile has been rejected.2. According to revision, the incident took place on 19.10.2008 under the jurisdiction of Police Station-Civil Lines, District-Chhatarpur where Darbal Yadav had succumbed to his life, consequently offence punishable under Sections 307,302/34 read with Section 25/27 of Arms Act was registered vide Crime No. 349/2008. In that case petitioner was main accused with two other persons, namely, Jitendra Awasthy and Ashish Tiwari. The matter was investigated and challan was filed, undisputed fact is that petitioner has been punished in Sessions Trial No.28/09 by Ist Addl. Sessions Judge, Chhatarpur along with other accused persons tre...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. The question as to whether an infliction of penalty of stoppage of increment with cumulative effect can be without holding a departmental enquiry and whether the period of absence can be treated as diesnon without affording an opportunity of hearing, as is raised in the present petition filed at the instance of a compounder of Govt. Ayurvedic Dispensary, the petitioner, is no more resintegra.2. In respect of the issue as to whether without holding a regular departmental enquiry a Govt. servant can be inflicted with the penalty of stoppage of increment with cumulative effect has been settled at rest by the judgment rendered by the Supreme Court in Kulwant Singh Gill v. State of Punjab; 1991 Supp (1) SCC 504, wherein while adverting to Rule 5 (v) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 it is held : "4. Withholding of increments of pay simpliciter undoubtedly is a minor penalty within the meaning of Rule 5(iv). But subrule (v) postulates reduction to a lower st...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This criminal appeal is filed by the appellants being aggrieved by the judgment dated 27/11/1998 passed by the 4th Additional Sessions Judge, Rewa in ST No.45/94, whereby the appellants were convicted and sentenced as under:-Conviction U/S Sentence Fine In default (IPC) (Rupees) 148 1 year RI 447 2 months RI 307/149 2 years RI 300/- 3 months RI (2 counts) each 325/149 6 months RI 323/149 3 months RI (3 counts) All the sentences were to run concurrently.2. Prosecution case, in short, is that at village Bhatlo Ke Itma Tola there was a land namely Bhirawali Bandhi bearing Survey No.043 of area 0.18 acres possessed by the complainant Gopal Singh. On 20/12/1992 at about 2:30 PM in the afternoon the appellants gathered on the land in question having deadly weapons like guns, sticks etc. They started kopar (plough) of that land. Virendra Singh son of the complainant Gopal Singh rushed to his house and intimated Gopal Singh about the act of the appellants. The complainant Gopal Singh went t...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. The petitioner has sought following reliefs in this petition :- "(i) The Hon'ble High Court may kindly be pleased to call the entire records of the tender notice dated 18.10.2010 (P/10) on risk and cost of the petitioner for perusal of this Hon'ble High Court.(ii) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to make the payment of entire pending bills to the petitioner for work order dated 4.7.2007 for construction of Covered Auction Platform, 500 MT Godown, Check Post at Up- Mandi Chand, and also Open Platform at Up- Mandi Amarwada.(iii) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to quash the NIT dated 18.10.2010 (P/10) invited by the respondent No.2 on the risk and cost of the petitioner without deciding the appeal under Clause 14 of the Tender. Documents by the Chief Engineer of the respondent No.1 and also restrained to award the contract of remaining work already awarded to the p...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This order shall govern disposal of all the aforesaid three appeals, as they arise out of common award dated 17.7.2009 passed by Fifth Additional Member Judge, Motor Accident Claims Tribunal, Sagar in Claim Case No. 44/2009 whereby the Tribunal has awarded compensation of Rs. 15,73,500/- on account of death of Dhanraj Singh, who died in a motor accident.2. M.A. No. 3255/2009 has been filed by New India Assurance company challenging the liability to pay the compensation more than 50% of the award despite the fact that the Tribunal itself has held that accident occurred due to negligence of drivers of both the vehicles in question, M.A. No. 3430/2009 has been filed by the claimants for enhancement of compensation and M.A. No. 3705/2009 has been filed by the appellant/driver for enhancement of compensation awarded by the Tribunal on account of injuries sustained in the accident.3. The facts are being noticed from M.A. No. 3430/2009.4. The brief facts of the case are that on 30.10.2007 ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Being aggrieved by the judgment and decree dated 11.02.2005, passed by District Judge, Seoni, in civil suit No.3- A/01, defendant/appellant has preferred this appeal under Section 96 of C.P.C.2. In short the plaintiff/respondent's case is that the defendant/appellant owing a shop in Seoni city which is situated in Block No. 49, Plot No. 209/5, area of 15.5" X 14" pakka construction along with the open plot of 12.5"X17.5" adjoining to backside of the shop, aforesaid shop and plot hereinafter to be referred as disputed property.3. According to plaintiff/respondent, defendant/appellant executed an agreement to sale of disputed property on 21.06.2000 vide Ex. P/1 for the amount of Rs. 1,48,500/-, out of which Rs. 48,500/- was taken as an advance. As per terms of the agreement rest amount of Rs. 15,000/- will be paid on Dipawali, 2000 and the balance of Rs. 85,000/- to be paid up to 8.3.2001. Thereafter defendant/appellant will execute the registered sale deed in favour of plaintiff/resp...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This is an appeal preferred by the appellant feeling aggrieved against the judgment dated 20/01/1996, delivered by the then 2nd Addl. Sessions Judge, Katni in Sessions Trial No. 637/93 in which appellant has been convicted under Section 363 IPC and sentenced to R.I. for 2 years and fine of Rs.100/- as also under Section 366 IPC and sentenced to R.I. for 3 years and fine of Rs.100/-. In default of payment of fine appellant to further undergo R.I. for one month on each count.2. In nut shell the prosecution story is that on 30.3.93 at about 2.30 PM in Gayatri Nagar appellant abducted/kidnapped Ku. Vinita, a girl aged about 13 years, from the lawful guardianship of her parents and he took her to different places. Report was lodged by Smt. Premvati Soni, mother of minor girl on 31.3.93 at 12.15 PM at PS-Katni where offence under Sections 363,366 IPC vide Crime No. 188/93 was registered against the accused as it was revealed by the companions of the minor that from the school appellant to...
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