Court : Madhya Pradesh
1. IA. No.2036/2015 filed for urgent hearing of IA No.2388/2014 (repeat application u/S. 389, Cr.P.C.) is considered and allowed for the reasons mentioned therein. 2. I.A.No.2388/2014 repeat application for suspension of jail sentence of sole appellant filed under Section 389 of Cr.P.C., is taken up. 3. The reply filed by the State to I.A. No. 2388/2014 objecting to the prayer for suspension of sentence is also considered. 4. Learned counsel for the appellant relying upon the decision of the Apex Court in the cases of Kamal v. State of Haryana reported in (2006) 1 SCC (Cr.) 757, Fazal v. State of Uttar Pradesh reported in (2012) 5 SCC 752 and Sunil Kumar v. Vipin Kumar reported in (2014) 8 SCC 868 prays for suspension of sentence of life imprisonment being suffered by the sole appellant on account of the impugned judgment and conviction dated 05.08.2004 in S.T. No. 268/2003 by First Additional Judge to the court of Sessions Judge, Gwalior (M.P.) 5. Learned counsel for the appellant in ...
Tag this Judgment!Court : Madhya Pradesh
1. By this petition under Article 226 of the Constitution of India, petitioner has put to challenge an order dated 07/11/2014 (Anexure P/1) passed by the respondent No.2/Collector, District Vidisha whereby reserved the post of President, Janpad Panchayat, Basoda for OBC - Woman category. It is alleged that provision as contained under rule 3(6) of the Madhya Pradesh Panchayat (Up-sarpanch, President and Vice President) Nirvachan Niyam, 1995 has been violated. It is contended that as per the aforesaid provision, the seat reserved in the previous election shall not be included in the drawing lots for reservation of a particular category till all remaining Panchayats are not exhausted. In the instant election, the post of President, Janpad Panchayat, Basoda constituency has been reserved for OBC woman category again which according to counsel is contrary to rule 3(6) of the Madhya Pradesh Panchayat (Up-sarpanch, President and Vice President) Nirvachan Niyam, 1995 (hereinafter referred to ...
Tag this Judgment!Court : Madhya Pradesh
Heard. This petition has been preferred under Section 53 of the Juvenile Justice (Care of Protection of Children) Act-2000 (for brevity The Act of 2000 ) against the impugned order dated 14.11.2014 passed by Session Judge, Gwalior in Criminal Appeal No. 412/2014 whereby rejection order of bail application filed u/S 12 of the Act of 2000 dated 28.10.2014 passed by Juvenile Justice Board, Gwalior has been confirmed. The facts giving rise to this revision petition in brief are that on 04.10.2014 complainant Jogendra Jatav lodged a report that his son Hanuman@Sunil aged about 19 years was found dead in his courtyard. There was stab injuries on his body. The complainant's wife Savitri told him that at 11:00 PM her son Hanuman, Rahul, Suraj and petitioner Boby@Vinod were drinking alcohol and they had a fight regarding key of motorcycle. Police arrested the petitioner Juvenile in conflict with law. On his memorandum u/s 27 of the Evidence Act. A pant and a shirt with blood stain were seized. ...
Tag this Judgment!Court : Madhya Pradesh
1. The applicants have preferred the present revision against the order dated 9.12.2013 passed by the XIIth Additional Sessions Judge, Jabalpur in Criminal Revision No.261/2013 whereby, the revisionary Court has directed to register the case against the applicants of offence under Sections 467, 468, 471 and 120B of I.P.C. 2. The facts of the case in short are that there were bank accounts of the complainant G. Pradeep Naidu and his aunt Amni Bai and complainant and his father G. Shankar Rao. G. Shankar Criminal Revision No.2515/2013 Rao had expired on 12.12.2001 whereas, Anni Bai had expired on 2.7.2004. After death of the aforesaid persons the complainant was the sole operater of the Bank Account. The applicant Dilip Naidu had applied before the Bank to get a fresh cheque book in name of Anni Bai and he had issued a cheque of Rs.1,06,500/-. The signature of Anni Bai was made by the applicant Samta. Initially, the Bank has debited the amount in account of Rajesh Pharma and thereafter, ...
Tag this Judgment!Court : Madhya Pradesh
P.K. Jaiswal, J. 1. By this writ petition, under Article 226 of Constitution of India, the petitioner has essentially challenged Annexure P/29, the detailed notice inviting tender(II Call) System Tender No.260 and also praying for issuance of writ of certiorari for quashment of a decision of the respondents regarding rejection of the tender submitted by the petitioner on the ground that he fulfils all the requirement and has all the qualification criteria prescribed in the tender documents and notice inviting tender (Annexure P/4) and it being the lowest tenderer is entitled for award of the contract in his favour. 2. Brief facts of the case are that the respondent No.2 issued a notice Inviting Tender No.194(1st call) for the work of construction of Office Administrative Building 1/c, Watter Supply Internal, External Electrification, Development of Campus of IT Park at village Sinhasa, Dhar Road, Indore. The probable amount of contract was put in notice as Rs.2033 Lacs and an earnest m...
Tag this Judgment!Court : Madhya Pradesh
1. The petitioner has called in question the order of penalty of recovery of 50% pension and essentially the departmental enquiry initiated against him by way of filing this writ petition. It is contended that while the petitioner was serving on the post of Block Development Officer, he was placed under suspension vide order dated 2.11.1981. The said order was called in question in a writ petition before this Court, on the grounds that the authority issuing the order of suspension was not competent to do so and that the suspension has automatically revoked as charge sheet was not issued to the petitioner within time. The said writ petition, M.P.No.7/1982, came up for hearing before this Court and was allowed vide order dated 29.9.1982 holding that the suspension of the petitioner is automatically revoked on expiry of the period of 90 days. After a considerable long time, the charge sheet was issued to the petitioner and the enquiry was initiated by orders of the Collector. The said enq...
Tag this Judgment!Court : Madhya Pradesh
1. The appellant has preferred the present appeal against the judgment dated 20.9.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Panna in Special Case No.48/2001, whereby the appellant has been convicted of offence under Sections 341, 323, 506(Part-II), 294 of the IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as 'the Special Act') and sentenced to six months S.I. with fine of Rs.500/-, six months R.I. with fine of Rs.500/-, one year's R.I. with fine of Rs.1,000/-, two months R.I. with fine of Rs.500/- and one year's R.I. with fine of Rs.2,000/- respectively. All the sentences to run concurrently, whereas the default sentence was also imposed in lieu of payment of fine. 2. The prosecution's case in short is that the complainant Rajjulal Choudhary (PW-1) was resident of village Saleha. On 7.11.2000 at about 3:30 p.m., he was going to Nagod to see his ailing mother, who was admitted in the Hospital at Na...
Tag this Judgment!Court : Madhya Pradesh
1. The appellants / plaintiffs have filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 11.8.2005 passed by the Court of First Additional Judge to the Court of First Additional District Judge, Satna in civil appeal no. 64-A/05 affirming the judgment and decree dated 17.12.2002 passed by the Court of Second Civil Judge Class-2, Satna in Civil suit no. 6-A/01, whereby the suit filed by the appellants / plaintiffs for declaration of title to the survey no. 533 area 0.30 acres and survey no.538 area 21.49 acres situated in village Sarai, district Satna was dismissed. In this appeal the appellants are referred to as the plaintiffs and the respondents as the defendants. 2. Undisputed facts of the case are that Arjun Singh was the Bhumiswami of the disputed agricultural land bearing surveys no. 535 and 538. He died issue-less. Proceedings under section 177 of the M.P. Land Revenue Code were initiated by the court of the Tahsildar...
Tag this Judgment!Court : Madhya Pradesh
1. This petition is filed by the petitioners/processors under Article 226 of the Constitution seeking a direction to the respondents not to compel or insist upon the petitioners to obtain permit for removing their processed product, namely, hulled Sesamum Seed (Dhuli Tili) from the market area of respondent No.3. 2. A short point is involved in this case. It is not in dispute between the parties that Sesamum or "Tili Seed" is a notified agricultural produce as per the Schedule prepared under section 2(1)(a) of Krishi Upaj Mandi Adhiniyam, 1972 (for brevity, the 'Adhiniyam'). The case of the petitioners is that they purchase the Sesamum from different areas and bring it to the area of respondent No.3. Thereafter, by "processing" they convert it into hulled Sesamum Seed (Dhuli Tili). It is contended that Dhuli Tili comes into existence after due processing and, therefore, petitioners are not required to obtain permit on this product. The short question needs to be decided is whether Sesa...
Tag this Judgment!Court : Madhya Pradesh
1. This Appeal is preferred by the accused/appellants being aggrieved by the judgment dated 21.11.97 passed by the First ADJ, Rewa in S.T.No.106/96. By the impugned judgment, the trial judge convicted the appellants for commission of offence under section 498-A and 304-B of the IPC with direction to undergo for RI 3 years in the first count while RI seven years in the last count. 2. The prosecution story in brief is that appellant No.2 Radheshyam married with the deceased Munni Bai. She died on 19.3.96. Her body was found in the Well which was nearby to the house of the appellants. After information of death, the body of the deceased was taken-out from the well which was floating. A marg was registered at PS Suhagi. On the basis of the statement of the family members of the deceased, the police came to know that accused persons had demanded a Scooter and TV from the parents of the deceased. The marriage of the deceased was performed three years before. Police conducted the investigatio...
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