Madhya Pradesh Court July 1984 Judgments
Shabbir Ahmad and anr. Vs. M.P.S.R.T.C., Bhopal and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1984
Reported in: I(1985)ACC232; AIR1984MP173
V.D. Gyani, J.1. This is an appeal preferred under Section 110-D of the Motor Vehicles Act, 1939, by the appellants, who are parents of the deceased Salim Ahmed. It arises out of an award dt. 30-9-1981, given by the Member, Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 8 of 1980.2. The facts of the case in brief are that on 6-5-1980, by about 6.30 p.m. a passenger-bus No. CPH-8567, belonging to the respondent 1 was coming from Ahmedabad to Indore. It was being driven by respondent 3 Nisar Ahmed. The bus had left Jhabua and was nearing village Kalidevi, which is situated on the highway at a distance of about 20 Kms from Jhabua on Ahmedabad Indore Road. The appellants' case is that the respondent 3 was driving the bus in a rash and negligent manner. Salim Ahmed, a boy aged about 15 years, was coming on a bicycle from Kalidevi. The bus dashed against the boy from the front side, as a result of which Salim Ahmed died on the spot. According to the appellants the bus was being d...
Tag this Judgment!Arunsingh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1984
Reported in: 1984CriLJ1616
K.K. Vijaywargiya, J.1. By this petition under Article 226 of the Constitution the petitioner has prayed that his friend Daljitsingh r/o Pagnis Paga, Indore, who has been illegally arrested by the police on 19.7.1984 at 8.00 a.m. from his house and is in custody be ordered to be released. According to the petitioner the grounds of his arrest were not disclosed to the detenu and that the detenu has been deprived of his (liberty) otherwise than in due course of law.2. In the return filed on behalf of the respondents it is stated that the detenu was arrested on 19.7.1984 at 11.45 a.m. in front of Gurudwara Imil Saheb, Yeshwant Road Chouraha, Indore where he had collected a crowd and was inciting the public on Punjab situation and that it was necessary to arrest him to prevent breach of peace. He was arrested under the provisions of Section 151 of the Code of Criminal Procedure (for short 'the Code') and was immediately produced before the Sub-Divisional Magistrate, Indore. A challan under...
Tag this Judgment!Mukhtiyar Mohammad Vs. Panna Lal and ors.
Court: Madhya Pradesh
Decided on: Jul-27-1984
Reported in: AIR1985MP122
ORDERK.K. Verma, J.1. This is an unsuccessful intervener's revision under Section 115 C.P.C. from an order passed by the Civil Judge (Class II), Dabra on 15-12-1983 rejecting his application for being impleaded as a defendant in non-petitioner No. 1's suit(C. S.No. 107-A/82) for a permanent injunction against non-petitioners 2 to 8 from interfering with his possession of Kh. Nos. 397, 398 and 399, situate at village Khadicha.2. A copy of the plaint made available to me during arguments shows that the suit was filed on 5-9-83 on the following averments. The plaintiff who stands recorded in the annual papers as a bhumiswami of the suit lands has been all along in possession thereof. He raised till and war crops in the suit lands in 1982-83. After he had prepared the suit lands for sowing grass therein in 1983, on 1-9-83 the defendants told the plaintiffs servants to stop working in the suit lands. The plaintiff went to the suit lands, the defendant then went away after telling him that t...
Tag this Judgment!Habbu and anr. Vs. Mohammad Hasan and anr.
Court: Madhya Pradesh
Decided on: Jul-26-1984
Reported in: AIR1984MP133; 1985MPLJ5
R.K. Vijayvargiya, J.1. This appeal by the defendants Nos. 2 and 3 is directed against the judgment and decree dated 12-11-1981 passed by the 9th Additional District Judge, Indore, in Civil Appeal No. 4-A of 1980, arising out of the judgment and decree dated 22-11-1979 passed by the III Civil Judge Class II, Indore, in Civil Suit No. 45-A of 1976.2. The material facts giving rise to this appeal are as follows: The plaintiff-respondent No. 1 filed the present suit for eviction of the defendant No. 1 Mohammad Hussain and the appellants from the non-residential accommodation situate at 408, Mahatma Gandhi Marg, Indore on the grounds that the accommodation was let to the respondent No. 2 who unlawfully sublet the accommodation to the appellants and that the respondent No. 2 failed to pay the arrears of rent within two months of the service of notice of demand upon him. The plaintiff also claimed eviction on the ground that he required the tenanted ac-comodation for carrying on business of ...
Tag this Judgment!Mangilal Vs. Ramchandra
Court: Madhya Pradesh
Decided on: Jul-26-1984
Reported in: AIR1984MP154
R.K. Vijayvargiya, J.1. This appeal by the plaintiff is directed against the judgment and decree dated 6-2-1982 passed by the first additional judge to the court of District Judge Mandsaur in Civil Appeal No. 41-A of 1981 arising out of the judgment and decree dated 30-3-1981 passed by the civil judge class II, Mandsaur in Civil Suit No. 364-A of 1980.2. The plaintiff appellant filed the present suit for eviction of the defendant respondent from the tenanted residential accommodation on the ground that the plaintiff required the accommodation for residence of himself and members of his family and that the accommodation in his occupation was insufficient for his requirement. The defendant resisted the suit. He denied that the plaintiff required the tenanted accommodation for residence of himself and members of his family. The trial court held that the requirement of the plaintiff was proved and decreed the suit. On appeal by the defendant the appellate court held that it was not proved ...
Tag this Judgment!Harishankar Pyarelal and Co. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-1984
Reported in: AIR1984MP140
R.K. Vijayvargiya, J.1. This appeal is directed against the judgment and decree dated 31-1-1974 passed by the learned District Judge, Ratlam in Civil Appeal No. 11-B Of 1972, arising out of' the judgment and decree dated 21-7-1972 passed by the Civil Judge Class II, Jaora in Civil Suit No. 67B of 1968. 2. The material facts giving rise to this appeal are as follows The plaintiffs Harishankar and pyarelal carried on business of liquor contractors under the firm name M/s. Harishankar Pyarelal and Company. The firm was granted a license to vend liquor from 1-4-1967 to 31-3-68 for the Mundlaram liquor shop. A licence fee of Rs; 8100/- was realized from the firm. According to the plaintiffs as per terms of the licence it was the duty of the defendant to supply the requisite quantity of liquor to the plaintiffs' shop from Jaora warehouse. The plaintiffs alleged that during the months of January, February and March 1968 the defendant failed to supply liquor according to the plaintiffs' demand...
Tag this Judgment!Govindram (through L.R's.) Vs. Ramgopal and Ors.
Court: Madhya Pradesh
Decided on: Jul-24-1984
Reported in: AIR1984MP136; 1985MPLJ20
G.G. Sohani, J.1. This is defendants' second appeal arising out of a suit for redemption - instituted by the plaintiff-respondent. The plaintiff's case, in brief, was that Dhnnraj s/o Hceralal and Bhanwarlal s/o Keshrilal, who were related, owned two shops at Bhanpura that they mortgaged these shops by executing a - registered deed of mortgage on 27-1-1943 in favour of defendants Nos. 1, 2 and 3 to secure an advance of Rs. 2,000/- and delivered possession of the mortgaged property to the said defendants. It was furthere averred that Bhanwarlal, who was a Jain, died some time in the year 1949 leaving behind him his widow Nanibni and daughter's son Shantilal, defendant No. 4, who was adopted' by Nanibai. It was further averred that Nanibai died some time in the year 1903 and thus, defendant No. 4 Shantilal became the sole surviving legal representative of the property of deceased Bhanwarlal. As regards the other mortgagor Dhanraj, the plaintiff averred that Dhanraj died some time in the ...
Tag this Judgment!Shivji and anr. Vs. Hiralal and ors.
Court: Madhya Pradesh
Decided on: Jul-23-1984
Reported in: AIR1984MP131; 1985MPLJ10
G.G. Sohani, J.1. This is defendants' 2nd appeal arising out of a suit for possession of certain parcel of agricultural land situated at village Rasawa, Tehsil Kuk-shi. The plaintiffs' case in brief was that the suit land had fallen to the share of the plaintiffs in a partition effected between them and the other members of their joint family that the suit filed by the defendants for declaration of their rights in the suit land as occupancy tenants was dismissed and that the dismissal of the suit was upheld by the High Court in Civil Second Appeal No. 262 of 1967 decided on 22-9-1970. The plaintiffs. therefore contended that the defendants were in illegal possession of the suit land and they therefore claimed possession of the suit land from the defendants. The suit was resisted by the defendants inter alia on the ground that the suit was bad for non-joinder of necessary parties. It was contended by the defendants that other co-sharers who were recorded as 'Bhumiswamis' of the suit lan...
Tag this Judgment!Azmad Khan Vs. the District Magistrate and anr.
Court: Madhya Pradesh
Decided on: Jul-19-1984
Reported in: 1985CriLJ223
B.M. Lal, J.1. The detenu Anwar alias Annu son of Afzal Ahmad resident of Moudhapara, Police Station City Kotwali, Raipur, tahsil and district Raipur has been detained Under Section 3(2) of the National Security Act, 1980 in the Central Jail Raipur by the order of Shri Ranbirsingh, District Magistrate, Raipur, respondent 1 vide, Order No. O/D.M/1984, dt. 31st Mar., 1984, which is annexed to this petition as Annexure-A.2. This petition under Article 226 and 227 of the Constitution has been filed by one Azmad Khan s/o Ahmad Khan, resident of Phootatal Jablapur who, according to the averments in the petition, is the uncle of the detenu. He prays for issuance of a writ of habeas corpus quashing the order of confirmation of detention passed by the respondent 2, dt. 16-5-1984 contained in Annexure- D and ordering the detenu's release forthwith.3. In short, according to the various first information reports lodged by various persons in the City Kotwali Raipur, against the detenu, he was found...
Tag this Judgment!Abdul Hakim and anr. Vs. Ahmad Khan
Court: Madhya Pradesh
Decided on: Jul-18-1984
Reported in: AIR1985MP88
K.K. Verma, J. 1. This is defendants' appeal from a reversing decree dt. 2-9-1974 passed by the Additional District Judge, Guna, in Civil Appeal No. 86 of 1979 arising out of the decree dt. 11-7-69 of the Civil Judge Class II, Mungaoli, whereby the respondent's suit (C.S. No. 47-A/66 instituted on 4-7-66) for a mandatory injunction for closure of the 'nikas', 'mori' and 'Khidki' of the appellants newly constructed latrine was dismissed.2. The following facts were admitted in the written statement.There is a 3' X 31/2' wide lane running east-west between the respondent's house to its north and the appellants' house to the south of the said lane at Athaipura Ward No. 7 in the town of Mungaoli. With the sanction of the Municipal Committee in 1964 the appellants opened a door in their house in the northern wing which is situated adjacent to, and along, the aforementioned lane. In 1965 the appellants applied to the Municipal Committee Mungaoli for sanction to construct a latrine in the nort...
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