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Madhya Pradesh Court September 1988 Judgments

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Sep 06 1988

Radheshyam Sharma Vs. Kusum Sharma

Court: Madhya Pradesh

Decided on: Sep-06-1988

Reported in: I(1990)DMC290

K.K. Adhikari, J.1. This appeal is by the husband/petitioner whose petition for grant of divorce under Section 13 of the Hindu Marriage Act on the ground of cruelty and desertion, has been dismissed by the trial Court. It is not disputed that the appellant married the respondent sometimes in May, 1982. This petition for divorce was presented on 12-9-1986. The respondent did not appear in the Court and, therefore, the petition proceeded ex-parte against her. According to the allegations, after the marriage of the appellant with the respondent she came to her father-in-law's place and remained with the appellant for five days and thereafter deserted the appellant. During this period of five days, it is stated that the respondent denial sexual intercourse with the appellant. According to the learned counsel for the appellant, denial of sexual inter-course by the respondent amounts to cruelty. So far as the desertion is concerned, it may be stated that according to the allegations, the res...


Sep 02 1988

Kumari Seema Shroti Vs. Rani Durgawati Vishva Vidyalaya, Pachpedi, Jab ...

Court: Madhya Pradesh

Decided on: Sep-02-1988

Reported in: AIR1989MP53; 1988MPLJ737

G.G. Sohani, Ag. C.J. 1. This is a petition under Article 226 of the Constitution of India.2. The material facts giving rise to this petition, briefly, are as follows : The petitioner who isa student of the HomeScience College, Jabalpur, appeared for the M.HSc. (Previous), Food and Nutrition, Examination conducted by the respondent University in the year 1988. As the petitioner failed to secure 33 marks out of 100 marks as prescribed, in Paper IV -- Research Methods and Statistics, she was declared to have failed in M.H.Sc. (Previous) Examination, 1988. The petitioner applied for revaluation of her answer book in Paper IV. According to the petitioner, one of the revaluers gave her 55 marks, while the other awarded her 34 marks. The petitioner contends that the respondent-University, by erroneously construing the relevant provisions of the Ordinance relating to revaluation ofmarks, held that the petitioner was entitled to 31 marks only, as a result of revaluation. The petitioner was the...


Sep 02 1988

inder Singh S/O Mataprasad Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-02-1988

Reported in: 1990(0)MPLJ365

ORDERR.C. Lahoti, J.1. The petitioner claiming to be a juvenile within the meaning of section 2(h) of Juvenile Justice Act, 1986, by filing this petition under section 482, Criminal Procedure Code seeks invocation of inherent powers of this Court so as to quash his order of commitment under section 209, Criminal Procedure Code requiring him to stand trial for a charge under section 302, Indian Penal Code amongst other offences alleged to have been committed by him.2. On 29-11-1986, the State through Police Purani Chhaoni filed a challan against the petitioner and two others alleging that they have been guilty of committing murder on 4-9-1986. In the challan, the age of the petitioner is shown as 18 years. On the same day, the learned Magistrate formed an opinion that the offence was triable exclusively by the Court of Session and hence committed the case accordingly. It appears that the Muddemal was not produced by the police and because the same was required to be sent to the Court of...


Sep 01 1988

Ramkishore Vs. Chand

Court: Madhya Pradesh

Decided on: Sep-01-1988

Reported in: I(1990)DMC208

P.C. Pathak, J.1. The husband has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter called 'the Act') challenging the dismissal of his petition under Section 13 for divorce on the basis of cruelty.2. The parties were married in the year 1981 and were blessed with a male child. The appellant claimed divorce on the ground that the respondent treated him with cruelty detailed below :(a) After the appellant used to go on duty, the respondent indulged in such omissions and commissions which gave rise to all sorts of complaints and criticisms resulting in loss of his reputation at the hands of the neighbours;(b) the respondent would not open the door of the house on his return from duty despite repeated calls;(c) the respondent used to run away from the house without intimation for about 2-3 days; and(d) in October 1981, January 1982 and while in village Chhindi at his father's place, the respondent attempted to commit suicide by setting fire to herself but the ...


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