Court : Madhya Pradesh Jabalpur
1. The issue which crops up for consideration in the present petition under Article 226 of the Constitution of India is as to whether Asharam Burman, late husband of the petitioner who was appointed as Khalasi under the Work Charged Establishment in the Office of Janpad Panchayat Kundam, on 11.2.1980 and retired on attaining the age of superannuation w.e.f, 16.4.2005, would be entitled for the pension and whether after his death on 16.5.2008 the present petitioner would be entitled for family pension.2. The fact that the deceased Asharam Burman was in service in the Office of Janpad Panchayat, Kundam from 11.2.1980 to 16.4.2005 on Work Charged Establishment is not in dispute. It is also not in dispute that consequent upon his retirement and on the basis of order passed by this Court in W.P.No.5200/2005(A) decided on 12.7.2005 , the retrial dues, except the pension, have been settled in favour of said Asharam Burman vide order dated 26.3.2008 (Annexure P-6). However, since the pension w...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
(1) The petitioner has sought following reliefs: (I) The Hon'ble High Court may kindly be pleased to set aside the impugned order dated 23.8.2010 (Annexure P/1).(II) The Hon'ble High Court may kindly be pleased to declare the petitioner as pass candidate in continuing internship training by granting 5 grace marks making in one subject him eligible to continue his internship and become a registered medical practitioner;(III) The Hon'ble High Court may kindly be pleased to quash the show cause notice dated 19.8.2010 (Annexure P/5)issued by the respondent no.2.(IV)The Hon'ble High Court may kindly be pleased to restrain the respondents from violating the judicial orders and further be penalized for their illegal act in humiliating the petitioner;(V) Any other writ, order or direction that this Hon'ble Court may kindly deem fit and proper in the facts and circumstances of the case may also kindly be issued in the interest of justice.(2) The facts of the case are that the petitioner is a st...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. By feeling aggrieved from the judgment and conviction dated 13.5.1996 passed by Special Judge, Satna in Spl. Case No.89/95 in which each of the appellants have been convicted u/s 323 read with section 34 of IPC and sentenced to R.I. for 3 months each and fine of Rs.500/- each in default one month's rigorous imprisonment each.2. In nutshell prosecution case is that the appellants have voluntarily caused injuries to Smt. Sukbariya, Bheemsen, Babulal, and Bulli Prasad who were members of Scheduled Castes. A report was lodged at Police Station and police after usual investigation filed challan against the appellants for the offence u/s 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to, for short, 'the Act, 1989').3. The appellants were charged for the offence u/s 323 of IPC and u/s 3(1)(x) of the Act, 1989.4. The appellants abjured the guilt. Their defence was that they have been falsely implicated.5. Learned Special Judge, Sa...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Challenging the action of the respondent/State Government in not releasing 100% grant for payment of salary to the petitioner with effect from the date of passing of order-dated 29.3.2001 Annexure P/1, and reducing the grant to the extent of 67% from February 2000, petitioner has filed this writ petition seeking quashing of the order Annexure P/1 and a direction to pay 100% salary to him till amendment to the M.P. Ashaskiya Shikshan Sanstha (Adhyapkon Tatha Anya Karamchariyon Ki Vetno Ka Sanday) Adhiniyam, 1978, brought into force by the State Government with effect from 1.4.2001, vide Circular dated 31.1.2000.2- Facts that have come on record indicate that petitioner was appointed as an Upper Division Teacher in Rajput Higher Secondary School, Amarha, Tehsil Sohagpur, District Shahdol vide order-dated 29.6.1974 Annexure P/2. The school in question was receiving 100% grant from the State. Petitioner joined as a UDT on 6.7.1974 and 2thereafter was promoted as Lecturer on 12.9.84 vide...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. The appellant-plaintiff has directed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 30.9.09 passed by Additional Judge to the court of Additional District Judge, Mauganj, district Rewa in Civil Regular Appeal No. 13-A/09, whereby allowing the appeal of the respondents nos. 1 and 2, the judgment and decree dated 1.10.08 passed by Civil Judge, Class-I, Mauganj in Civil Original Suit No. 11-A/03 decreeing the suit of the appellant for perpetual injunction refusing the prayer of declaration with respect of the disputed agricultural land, the entire suit has been dismissed.2. The facts giving rise to this appeal in short are that the appellant herein filed the impugned suit for declaration and for perpetual injunction against the respondents contending that initially the disputed land described in the plaint was belonging to the Pawaidar. Under the authority of the Pawai in the year 1921-1922 one Trivikram Prasad mortgaged th...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This is an appeal from jail, filed by the appellant, being aggrieved from the judgment and sentence dated 25.06.1999, passed by Sessions Judge, Rewa in Sessions Trial No. 202/98 convicting him under Section 302 of IPC and sentencing him to suffer imprisonment for life.2. In nut shell the prosecution case is that Arun Kumar Tiwari (PW 1) on 3.9.1998 reported the matter to the police at out post Chowki Samaan District Rewa at 15.40 hrs. that at about 15.15 hrs, at noon, when he was standing in the main road, near agriculture college, Rewa, he saw that on the other side of the road, near betel leaf Gumthi( Paan Ki Dukan) of Kamlesh Kachhi, he saw that Ramzani a resident of Katra Mohalla, Rewa was taking betel leaf (Paan). At that time from Padraha tringle accused Shyamlal Kachhi came there having sword in his hand and he with the intention to kill Ramzani dealt a blow of sword on the neck of Ramzani and when Ramzani fell down he dealt so many blows of sword on the body of Ramzani, then...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This is an appeal preferred by the appellants feeling aggrieved against the judgment dated 30/06/1995, delivered by the then IIIrd Addl. Sessions Judge, Satna in Sessions Trial No.57/89 in which each appellant has been convicted under Section 323/149 IPC for three months' R.I.and fine of Rs.100/-each, in default of payment of fine appellants to undergo further S.I.for fifteen days, under Section 324 and 325 read with Section 149 IPC for three years' R.I. and fine of Rs.300/-each, in default of payment of fine appellants to further undergo S.I. for three months, and under Sections 148/149 IPC appellants have been convicted and sentenced for three months' R.I.and fine of Rs.100/-each, in default of payment of fine appellants to further undergo S.I. for fifteen days.2. In nut shell the prosecution story is that first information report was lodged at PS- Nagod, District-Satna on the night between 28- 29th of August,1988 by Barelal (PW.4) alleging that when he was sleeping in his house w...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Since both the above appeals arise out of the common judgment, this judgment shall govern the disposal of both the appeals.2. Appellant Somat of Criminal Appeal No.263/2002 and respondents Sevaram, Munna and Devi Prasad of Criminal Appeal No.759/2002 were tried by the Additional Sessions Judge, Khurai District Sagar in Sessions Trial No.430/2000 of the charge under sections 302 and 302 read with section 34 of the Indian Penal Code. After trial, by judgment dated 29.01.2002, learned Additional Sessions Judge convicted Somat under section 302 of the Indian Penal Code and sentenced him to imprisonment for life with fine of Rs.500/-, in default of payment of fine further rigorous imprisonment for 6 months and acquitted accused Sevaram, Munna and Devi Prasad of the charge under section 302/34 of the Indian Penal Code.3. Prosecution case, in nutshell, is that all the four accused persons were neighbours of Nasso Bi, the deceased. It is said that accused Somat had an evil eye on Nasso Bi a...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 15/5/2008 passed by the Special Judge under the NDPS Act, Sidhi in Special Case No.658/2006, whereby the appellant was convicted for commission of offence punishable under Section 20(b)(II)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act, 1985") and sentenced to rigorous imprisonment for five years with fine of Rs.15,000/-, in default of payment of fine amount, an additional RI for six months.2. Prosecution case, in short, is that on 8/12/2006 the Station Officer of Police Station Kamarji District Sidhi received information from the Mukhabir to the effect that the accused-appellant was taking Ganja on a motorcycle bearing registration No.MP53 BA4991. Permission was obtained from SDO(P) Churhat, but since the office of SDO (P) was 20 kms away, SHO Shri S.P. Shukla reached at the spot along with staff and force. The appellant-accused was stopped and he was g...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This criminal appeal is filed by the appellant being aggrieved by the judgment dated 28/07/2008 passed by the 11th Additional Sessions Judge (Fast Track Court), Bhopal in ST No.133/2008 whereby the appellant was convicted for commission of offence punishable under Sections 363, 366-A and 376 of IPC and was inflicted with the sentence of 10 years with fine of Rs.5,000/- for the offence under Section 366-A of IPC and 7 years with fine of Rs.5,000/- for the offence under Section 376 of IPC, whereas no separate sentence was inflicted for the offence under Section 363 of IPC. All the sentences were directed to run concurrently. It was also directed that a sum of Rs.10,000/- be provided to the prosecutrix as a compensation out of the fine amount, if deposited. 2. It is admitted that the prosecutrix as well as the appellant-accused belongs to Scheduled Tribe "Bhilala" and they were governed by their custom.3. Prosecution case, in short, is that the prosecutrix aged 15 years was staying wit...
Tag this Judgment!