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Aug 16 2011 (HC)

Vijay Bahadur S/O Jai Shriram Jatav Vs. State of Madhya Pradesh

Court : Madhya Pradesh Gwalior

1. Challenge in this criminal appeal is to the judgment of the Sessions Court dated January 21 st ,1999 in Sessions Trial Case No.123/99 whereby the appellant has been convicted for the offences under sections 302,201 and 404 IPC and sentenced to undergo various terms of imprisonment, maximum of which is life imprisonment besides fine with default stipulation. 2. As per the prosecution case, the deceased had left his village in Etawah, Uttar Pradesh on January 1 st , 1996 after telling his wife that he was going to the house of the appellant at Navalpura, District Bhind in connection with sale of his land in village Puleh which he got from his in-laws. As the deceased had not returned to his home till January 4 th ,1996 his wife sent her son Vijendra (PW 12) to the house of his 'Nandoi' Ramnath (PW 11) in search of her husband. PW 11 Ramnath on enquiries made at Navalpura, District Bhind came to know that the deceased had sold his land in village Puleh to PW 22 Raghuveer Singh on Janua...

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Aug 11 2011 (HC)

Devkinandan Vs. State of Mp and Others

Court : Madhya Pradesh Gwalior

1. Brief facts for adjudication of this matter are as under:- 2. The respondent No.1-State of Madhya Pradesh acquired the land belonging to the petitioner and his mother namely Smt.Dhanwanti Bai for public purpose under the provisions of Land Acquisition Act. In lieu of the land acquired, the compensation was awarded by the Collector by his award. Since the award was not adequate, the petitioner and his mother and other claimants applied for reference under the said Act. The reference was made to the Reference Court, namely, the Court of Second Additional District Judge, Bhind under Section 18 of Land Acquisition Act. The said Court is hereinafter called as 'Reference Court'. The Reference Court enhanced the compensation by award dated 29.11.1996 (Annexure P/2). The award got stamp of approval by this Court in Appeal preferred by the State of Madhya Pradesh. 3. The case of the petitioner is that the said award is a “decree” within the meaning of Section 2 of the Code of Civ...

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Aug 10 2011 (HC)

Jinendra Kumar JaIn Vs. Union of India and Others

Court : Madhya Pradesh Gwalior

1.This intra-Court appeal filed by appellant Jinendra Kumar Jain is directed against the order of the learned Single Judge dated 03 rd July, 2008 in Writ Petition No.1375/05 setting aside his selection for LPG Distributorship for block Narwar, District Shivpuri. The selection of the appellant by Indian Oil Corporation Limited for allotting LPG Distributorship has been set aside by the learned Single Judge on the ground that he was not eligible for such allotment on the date of application as he did not have the title of the land, particulars of which were given in the application submitted for allotment. 2. Briefly stated, the facts of the case giving rise to this appeal are that the Indian Oil Corporation Limited ( IOCL ) [ respondents 2 and 3 herein ] had issued an advertisement in Nav Bharat Times dated 13/10/2001 inviting applications from eligible persons for allotment of LPG Distributorship for blocks Narwar and Pohri, District Shivpuri. Clause (1) contained in the advertisement ...

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Aug 09 2011 (HC)

Shrimati Kala Bai Prajapati Vs. State of Madhya Pradesh and Others

Court : Madhya Pradesh Gwalior

1. This is an intra-Court appeal filed by the appellant seeking to challenge the order of the learned Single Judge dated 21 st September,2010 by which her writ petition for grant of family pension was dismissed. 2. Briefly stated, the facts of the case, giving rise to this appeal are that the husband of the appellant was employed as a gangman by the respondents on daily wage basis since 01 st May, 1973. His services were regularised under the provisions of the Madhya Pradesh Irrigation Department Work Charged And Contingency Paid Employees Recruitment And Conditions of Service Rules, 1977 ( for brevity, “Contingency Rules of 1977”) with effect from 09 th April, 1991. Said regularisation was in terms of recommendations of the selection committee. The husband of the appellant died on 03 rd August, 1997, i.e. almost within six years of regularisation of her late husband in the service of the respondents. After his death, the appellant being his widow, applied for family pensio...

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Aug 09 2011 (HC)

Ved Prakash Mukhariya Vs. Balmukund Sharma and Others

Court : Madhya Pradesh Gwalior

1. Shri Jitendra Sharma, Advocate for the petitioner. Shri D.D.Bansal, Advocate for the respondent No.1. With the consent of parties, the matter is finally heard. At the outset, learned counsel for the parties agreed to address the Court on the question of preliminary objection raised by Shri D.D.Bansal, learned counsel appearing for the respondent No.1. 2. Shri Bansal submits that a bare perusal of impugned order dated 20.5.2011 shows that it is an ad interim order directing maintaining status quo between the parties, which is necessarily an order passed under Order XXXIX Rr.1 and 2 of the Code of Civil Procedure. By passing the said order an interim injunction was granted and reply was directed to be filed on the application under Order XXXIX Rr.1 and 2, C.P.C. Thus, the respondent submits that it is, in fact, an order passed under Order XXXIX Rr.1 and 2, C.P.C. On the contrary, learned counsel for the petitioner Shri Jitendra Sharma submits that it is an application under Section 15...

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Aug 04 2011 (HC)

Kastoorchand Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh Gwalior

(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 preferred by accused/petitioner is directed against a Judgment dated 9 th August 2010 rendered in Criminal Appeal No. 41/2009 by the Additional Sessions Judge Chachoda, district Guna, setting aside thereby the Judgment of conviction and sentence dated 05 th January 2009 recorded in Criminal Case No. 223/2007 by the Judicial Magistrate First Class, Chachoda, district Guna, convicting the petitioner-accused for commission of offence under Sections 147, 325/149 (on two counts) and 323/149 (four counts and sentencing him to suffer six months' R.I. with fine of Rs.100/-, three years' R.I. with fine of Rs.100/- and again six months' R.I. with fine of Rs.100/- and in default to suffer additional rigorous imprisonments of one month, two months and one month, respectively. By the said impugned judgment while setting aside the conviction and sentence as mentioned herein-before, the case was remitted back to t...

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Aug 04 2011 (HC)

Rinku @ Yatendra Vs. State of Madhya Pradesh

Court : Madhya Pradesh Gwalior

(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973, preferred by the petitioneraccused is directed against an order dated 10 th February 2011 passed in Sessions Case No. 114/2005 by the Seventh Addl. Sessions Judge Gwalior (M.P.) refusing thereby prayer of the petitioner/accused for getting the disputed handwritings of Ex.P/2, P/3 and P/4 compared by a Handwriting Expert with the words or figures alleged to have been made by such person. (2) The facts, in short, are that the petitioner/accused in the present case is facing prosecution for commission of offence punishable under Section 302 of I.P.C. It is contended by the learned counsel that on receiving information about the commission of alleged offence, the ASI O.P. Yadav rushed to the spot and reduced in writing the Dehati Nalishi and Marg, marked as Ex.P/4 and Ex.P/2. On the basis of the aforesaid, an FIR was written by Ramlakhan (PW-2) at police station which is marked as Ex.P/3. It is alleged...

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Jul 29 2011 (HC)

Dushyant Vs. State of Madhya Pradesh

Court : Madhya Pradesh Gwalior

(1) This revision petition preferred under Section 397/401 of the Code of Criminal Procedure 1973 is directed against an order dated 2/6/11 passed in Criminal Appeal No.197/11, by the Sessions Judge, Guna (M.P.), rejecting thereby an application of the petitioner-accused seeking his release on bail under Section 12 of the Juvenile Justice (Care and Protection of Children), Act, 2000. (2) Facts of the case, as borne out from the record of the case are that on 20/4/11, accused-petitioner accompanied with his sister, namely, Priya and one other co-accused Chandrapal committed murder of Varun by inflicting him knife and Gandasa blows. It is alleged by the prosecution that the sister of the accused-petitioner fell in love with deceased but on account of her different caste, the deceased refused her to marry, which resulted into his death. The accused was arrested and brought before the Juvenile Board. He submitted an application for bail which was rejected vide order dated 18/5/11. Being ag...

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Jul 28 2011 (HC)

Damo Alias Damodar and Two Others Vs. State of Madhya Pradesh

Court : Madhya Pradesh Gwalior

1. All these four appeals are proposed to be decided by this common judgment as they all have been preferred by the convict persons in the same case against the same impugned judgment of the Trial Court dated 21 st April, 2003 in Sessions Trial Case No.24/02. 2. There are total eight convict persons who have been convicted by the Court below vide its impugned judgment, seven i.e. appellants in Criminal Appeals No.295/03,319/03 and 322/03 for offence under section 364A IPC and the eighth one namely Ramcharan ( appellant in Criminal Appeal No.374/03) for offence under section 364A read with section 109 IPC. They all have been sentenced to undergo life imprisonment and fine of Rs.1,000/- each. 3. As per the prosecution case, all the appellants, except appellant Ramcharan were members of a gang who waylaid the members of the complainant party who also were 8-9 in number when they had gone to collect fire wood in Sukhakho forest on the date of incident that took place around 5.30 p.m. on 2 ...

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Jul 28 2011 (HC)

Ramu Vs. State of Madhya Pradesh

Court : Madhya Pradesh Gwalior

(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973, preferred by the petitioner/accused is directed against Judgment dated 04 th May 2006 passed in Criminal appeal No. 75/2006 by the Additional Sessions Judge Chachoda, district Guna, setting aside thereby the Judgment dated 27 th January, 2006 passed in Criminal Case No. 411/2001 by the Judicial Magistrate First Class, Chachoda, convicting the appellant for commission of offence punishable under Section 34(A) of the M.P. Excise Act and sentencing him to suffer one year's R.I. with a fine of Rs. 500/-, and in default to suffer three months' rigorous imprisonment, while remanding the case back to the trial court for fresh trial and decision as per law. (2) In brief, the facts of the case are that on 6 th April 2000, at about 4.30 p.m., at Lambachak Badoda Road, on information from reliable sources, Manoj Mishra, the Incharge of Police Station Kumbhraj, intercepted the Jeep No. MP 08/F 1293, which was ...

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