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Apr 13 2011 (HC)

Sanjay JaIn (B.L.Jain), and ors. Vs. Achal Kumar Bhatia, and ors.

Court : Madhya Pradesh Jabalpur

1. Being aggrieved by the Judgment and decree dated 31.7.1995 in Civil Suit No. 85-A of 1995 passed by 9th Additional District Judge, Jabalpur by which the plaintiffs have been declared to be the owners of the house in dispute and defendants have been directed to pay mesne profits of Rs. 2,200/- per month to plaintiffs, defendants No. 1 and 3 to 13 have preferred this appeal under Section 96 of the Code of Civil Procedure.2. It is not in dispute that Dwarkadas Bhatia was the owner of House situated at Lordganj, Jabalpur. The plaintiffs are his heirs. It was a big house. It is not disputed that house of Dwarkadas Bhatia was auctioned in two parts; one part in Civil Suit No. 39-B/48, which was purchased by Gyanchand on 27.6.1951, sale was confirmed on 18.10.1951 and thereafter, sale certificate was issued on 16.1.1952 by First Civil Judge Class II, Jabalpur. Second part of the house was auctioned on 16.11.1953, sale was confirmed on 24.3.1954 and thereafter sale certificate was issued in...

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Apr 11 2011 (HC)

Rajendra Patil and Others. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

(1) This petition under Section 482 of Cr.P.C.(hereinafter referred to "the Code") has been filed by the petitioners to invoke the extra ordinary powers of this Court to quash First Information Report ( FIR) in connection with Crime No.389/2010 registered at Police Station- Kotwali Seoni, District- Seoni for alleged offence under Sections 420, 467, 468, 469, 471, 120-B/34 of IPC and also the subsequent proceedings. (2) Undisputed facts of the case are that petitioners No.1 to 3 i.e. Rajendra Patil, Smt. Vidya Mhatre and Preeti Kadam are purchasers and petitioner no.4 Rahul Shelar is power of attorney holder on behalf of petitioners no 2 and 3 for the purchase of certain lands situated at village Dargada Tehsil Lakhanandaun district Seoni belonging to complainant Laxman Singh Sirvaiya by registered sale-deed in the month of February 2010.(3) In brief, the case of the police is that one Laxman Singh Sirvaiya lodged a report at Police Station Kotwali Seoni, District Seoni on 19.7.2010 (16...

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Apr 08 2011 (HC)

Smt. Chand Grover. Vs. Sunil Grover.

Court : Madhya Pradesh Jabalpur

1. Petitioner No.2 Ms. Gunjan Grover, present in person. Respondent is present alongwith Shri Sunil Verma, Advocate.2. This application is filed for enhancement of the maintenance amount which was awarded by this Court by an order dated 26.4.2006 in M.C.C. No. 1290 of 2004. For ready reference we quote order dated 26.4.2006 which reads thus :- " This Court in LPA No.89/88 while dealing with the appeal against the dismissal of divorce petition speaking through U.L.Bhatt, learned Chief Justice, in paragraph 14 and 15 expressed the view as under :- "14. The husband has been working as a Lecturer and subsequently as an Assistant Professor in one of the Govt. Engineering Colleges. According to his learned counsel, his monthly emoluments would be around Rs.5000/-. The wife has taken the stand that she is unemployed, though a post graduate and has no means of her own. Respondent has made a vague statement that she is working as a Teacher. He did not give any proof, nor did he confront the wif...

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Mar 31 2011 (HC)

Archana Singh. Vs. Veer Bhan Singh.

Court : Madhya Pradesh Jabalpur

1. This reference has been made by Ms. Archana Singh, Judicial Magistrate First Class, Bhopal against Sub-Inspector Veer Bhan Singh, who misbehaved with her in her duty hours and obstructed her in the course of judicial proceeding.2. The facts as unfolded from the contempt petition are as follows:-On 25.9.2010 about 4:45 P.M., when Ms. Archana Singh, Judicial Magistrate First Class, Bhopal was returning to Court from Central Jail, Bhopal, after conducting and presiding over the special bench of Lok Adalat organized in Central Jail, alongwith her staff in her car bearing registration no.UP/70-M-5959, which was having an Amber light and a plate of 'Nyayadhish', and reached near Lalghati Chouraha, Sub-Inspector Veer Bhan Singh came in front of her car and started thumping the bonnet of her car, asked the driver to get down from the car, and stopped the car at Lalghati Square. When Ms. Archana Singh, Judicial Magistrate First Class tried to alight from the car to know the reason, Sub-Inspe...

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Mar 31 2011 (HC)

Rajendra Kumar ShuklA. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

1. The appellant has preferred this appeal under section 374(2) of Cr.P.C. being aggrieved by judgment dated 21.9.2006 passed by Special Judge (SC/ST Act), Mandla in Special Case No. 26/06 whereby the appellant has been convicted under section 3(1)(10) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the Act) and sentenced to R.I. for 6 months and fine of Rs. 500/- with default stipulation.2. The prosecution's case in short is that on 24.5.2006 complainant Sunderlal Choudhary (PW-4) was posted on the post of BAC at Janpad Shiksha Kendra, Mawai. At the time of incident, some residential training was going on of all the teachers. The appellant reached at the Center at about 2:30 PM and demanded attendance register from the complainant, complainant refused to give him the register, on which some hot talk took place between them. The appellant told the complainant that "Chamra saley tumhe janta hu tum kahan ke ho". The complainant felt humiliated and lodged report (Ex.P-...

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Mar 30 2011 (HC)

Ramesh Ahirwar. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

1) Since both the above appeals arise out of the common impugned judgment, this judgment shall govern the disposal of both the appeals. 2) Appellant Ramesh Ahirwar has filed this appeal against the judgment dated 8th August, 2001, passed by Special Judge/Additional Sessions Judge, Sagar in Sessions Trial No. 187/2000, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 1000/-, whereas State has challenged the same judgment for acquitting accused Smt. Ramdulari. (Respondent Ramesh has wrongly been impleaded as respondent no.2.)3) According to prosecution, about three years prior to the incident which took place on 25.2.2000, accused Ramesh Ahirwar was married to Suman (deceased). Accused Ramdulari happened to be the mother-in-law of deceased. It is alleged that after marriage accused persons subjected deceased to cruelty for not bringing sufficient dowry. On 25.2.2000, Suman was admitted by her husband Mahendra in Distri...

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Mar 30 2011 (HC)

Vinod Son of Tejram Pasi. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

1. Appellant has filed this appeal against the judgment dated 31.10.2001, passed by II Additional Sessions Judge, Fast Track Court, Harda, in Sessions Trial No.23/1998, convicting him under Section 302, 376 and 201 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.5000/-, imprisonment for life with fine of Rs.1000/- and rigorous imprisonment for five years with fine of Rs.1000/-, on each count, respectively. All the sentences are directed to run concurrently.2. In short the facts of the case are that appellant had illicit relations with Mamtabai, who was a widow lady. Mamtabai had three children from her former husband. As a result of illicit relations with the appellant, she conceived again. Appellant used to extend help to Mamtabai in getting treatment of her children. He used to take them to Harda, Indore etc. On 9.9.1997, appellant 2was seen carrying a two and half years old child on his shoulder near Primary School of Kulharda. After some time, d...

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Mar 30 2011 (HC)

Smt. Gyan Bai, W/O Ishwar DIn Mishra, and ors. Vs. the State of Madhya ...

Court : Madhya Pradesh Jabalpur

1. Appellants have filed this appeal against the judgment dated 29th April, 2003 passed by Additional Sessions Judge, Umariya in Sessions Trial No.31/2002 convicting them under sections 302/34 and 201 of the Indian Penal Code and sentencing each of them to imprisonment for life with fine of Rs.1000/- and rigorous imprisonment for 2 years with fine of Rs.1000/- on each count respectively.2. Prosecution case in short is that Archana, the deceased was married to accused Sukhnidhan in the year 1999. Accused Smt. Gyan Bai was her mother-in-law and accused Deep Narayan @ Dippoo was her Dewar. For about one year after the marriage they kept her alright, but thereafter started harassing her by abusing and taunting that they did not like her. Whenever Archana went to her parents' house she told to them her agony. About four months before the incident, which occurred on 27.6.2001, when Gyan Bai and Sukhnidhan quarrelled with Archana, her father-in- law Ishwardin called her father Dwarika Prasad....

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Mar 24 2011 (HC)

Kamal Tamrakar. Vs. Abdul Hakim and ors.

Court : Madhya Pradesh Jabalpur

1. There is a delay of 95 days in filing this appeal under section 173 of the Motor Vehicles Act, 1988. I.A. No. 2636/04 is an application whereby the appellant seeks condonation of delay in filing the appeal.2. It is stated in the application that the appellant handed over the file to Shri Deepak Awasthy, advocate, for filing the appeal and he was carrying impression that the appeal has been filed within time. It is urged that subsequently it was discovered that the appeal could not be filed within the time, therefore, the appellant engaged another counsel Shri Ghanshyam Pandey, who filed this appeal on 13-10-2003. It is contended that there is deliberate delay on the part of the appellant, who is very much interested in contesting the matter and the delay was beyond the control of the appellant. Though an objection has been raised on behalf of the respondent/Insurance Company who has entered appearance after notice; however, keeping in view the reasons contained in the application an...

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Mar 22 2011 (HC)

Manoj S/O Madan Gopal Patel, and ors. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

1. Three appellants viz. Manoj, Banti @ Purushottam and Dilip have filed appeals against the judgment dated 22nd March, 2002 passed by Additional Sessions Judge, Jabalpur in Sessions Trial No.84/2001 convicting them under sections 364A read with section 120-B, 364 read with section 120-B and 386 read with section 120-B of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.1000/-, rigorous imprisonment for 10 years with fine of Rs.1000/- and rigorous imprisonment for 5 years with fine of Rs.1000/- on each count, respectively. State has also filed Criminal Appeal No. 1366/2005 challenging the impugned judgment of acquittal of accused/respondent Amit Kumar Patel of the aforesaid charges. Since all the aforementioned appeals arise out of the common judgment passed by the trial Court, this judgment shall govern disposal of all the said appeals. 2. In short, prosecution case is that appellant Dilip was working as driver of Dr.B.K.Panshe. He used to go to drop ...

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