Madhya Pradesh Court July 1989 Judgments
Ghuraiyaa Alias Rohini Baiswar and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-31-1989
Reported in: 1990CriLJ1129
Y. B. Suryavanshi, J. 1. The judgment in Criminal Appeal No. 1079 of 1984 (Ghurriya (5) Rohini Baiswar and 2 Ors. v. State of M.P.) shall govern disposal of Misc. Cri. Case No. 1458 of 1985 (Chakradhar Singh v. Ghurriya @ Rohini Baiswar and 2 Ors.), as they arise out of common judgment, dated 15-10-1984 in S.T. No. 33/83. Ghurriya @ Rohini Baiswar and Rameshwar @ Lolwa have preferred this appeal against their convictions under Section 302/34 I.P.C. and Under Section 376 I.P.C. Each of them has been sentenced to undergo imprisonment for life and seven years R.I., respectively, with a direction that the sentences shall be concurrent. The third appellant Buddhsen has been convicted Under Section 201 I.P.C. and sentenced to undergo three years R.I. In Misc. Cri. Case No. 1458/85 the applicant Chakradhar Singh, Sub-Inspector, who has investigated this case, has prayed for expunging certain adverse remarks made in the above judgment.2 It is not in dispute that the appellant Rameshwar is son ...
Tag this Judgment!Oriental Insurance Company Limited Vs. Bimla Devi and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1989
Reported in: II(1990)ACC585
B.M. Lal, J.1. Order passed in this case shall also govern the disposal of connection M.C.C. Nos. 120/89, 121/89, 127/89, 134/89, 135/89, 136/89 and 137/89.2. The above referred applications have been filed for transfer of the claims cases pending in the Court of Motor Accidents claims Tribunal, Mandla to the Court of Motor Accident claims Tribunal, Jabalpur, on the ground of convenience of the parties, It is submitted by the counsel for the applicant that in the intervening night of 3rd & 4th February, 1988, Bus bearing registration No. MPO 7631, while carrying bus-lord marriage party of Jaggi Family of Ranjhi dived into the river Balai on its way to Bhilai from Jabalpur. Though the place of accident falls within the territorial jurisdiction of the Motor Accidents claims Tribunal, Mandla, it is stated that all the parties including witnesses etc. are residents of Jabalpur and in the interest of Justice the claim cases arising out of the said accident pending in the Court of Motor Acci...
Tag this Judgment!Vallabhdas Vs. State Transport Appellate Tribunal and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1989
Reported in: AIR1990MP119
A.G. Qureshi, J. 1. The petitioner in this petition is a transport operator and is carrying on the business of plying stagecarriages on the strength of the permits granted to him under the provisions of the Motor Vehicles Act. The respondent No. 3 Omprakash Agarwal is a new entrant in the transport business. He holds a permit for Navdatodi to Balakwada and Kawadia to Mandleshwar routes. The respondent No. 3 earlier tried to obtain a temporary permit from Balakwada to Khargone, but could not succeed. Thereafter the respondent No. (8) applied for grant of a temporary permit on the part of the route between Balakwada and Khargone. The petitioner objected to the grant of the permit. The Secretary, R.T.A. rejected the said application also.2. Thereafter the attempt of respondent No. 3 to obtain permit between Maingaon to Khargone was also unsuccessful. Thereafter he again applied for grant of a temporary permit between Balakwada to Khargone for a period from 27-12-88 to 25-4-89. However, de...
Tag this Judgment!Bhagwati Prasad Vs. Chandrabhanu and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1989
Reported in: II(1993)DMC218
B.M. Lal, J.1. This plaintiff's appeal under Section 96 C.P.C. is directed against the judgment and decree dated 27-8-84 passed by the Court of Additional Judge to the Court of District Judge, Chhatarpur, whereby the suit filed by the appellant for declaration that the sale-deed dated 20-5-83 executed by the respondents No. 1 and 2 in favour of respondent No. 3 for the land in dispute, alienated in the man annexed to the plaint, vide letters A-B-C-D, is not binding on the plaintiff and the same be declared void and the plaintiff alongwith respondents No. 1 and No. 2 be declared as owners thereof, has been dismissed.2. The short facts leading to this appeal are as under : Pandit Rajaram Sharma had three sons, viz., Kalicharan, Durgaprased and Bhagwati Prasad. Chandra Bhanu, respondent No. 1 is the son of Kalicharan. The house in question situate in Chhatarpur, is ancestral property belonging to their common ancestor Atal Pujari and after his death Pandit Rajaram became the owner of the ...
Tag this Judgment!Shyamlal Shrungi Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-27-1989
Reported in: AIR1990MP15
V.D. Gyani, J. 1. All these petitions involve a common question of law and even on facts they are substantially identical. Therefore, they have been heard together and are decided by a common order. This order shall govern the disposal of all these petitions.2. The petitioners are graduates in Commerce (B.Com). They applied for admission to B.Ed. Course, for which a Pre-B.Ed. Examination was conducted by respondent No. 2, which the petitioners passed. On passing the said examination, they were directed, to join the Lokmanya Tilak Shiksha Maha-vidyalaya, Ujjain, which they did. The petitioners paid the required tution-fee etc.3. On 6-12-1988 the petitioners were informed by respondent No. 3 that their admission to the College was cancelled as they had not passed their graduation with any of the two subjects as required by Rule 1.2(a) of the Rules filed as Annexure-D 1, by the respondents.4. The abovestated facts are not in dispute.The real controversy lies in a very narrow compass and i...
Tag this Judgment!Makku Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-27-1989
Reported in: 1990CriLJ1098
T.N. Singh, J. 1. We heard analogously three habeas corpus petitions for a single and singular reason. The common question of constitutional importance to be decided in all three cases is of violation by the Detaining Authority of the provisions of Section 8(2) of the National Security Act, for short, the 'Act' and for that matter, interpretation of that provision in the context of Clauses(4), (5) and (6) of Article 22 of the Constitution.2. All the three petitioners are detained in the Central Jail, Gwalior, under orders passed by the same Detaining Authority, namely, the District Magistrate, Gwalior. Against petitioner Makku alias Daulatsingh, (petitioner in Misc. Petition No. 37 of 1989), order was passed on 7-11-1988, while in the case of the other two petitioners, namely, Parsoo alias Paras Ram (Misc. Petition No. 259 of 1989) and Makhan (Misc. Petition No. 441 of 1989), orders were passed respectively on 15-10-1988 and 11-1-1989. In all cases, the petitioners are detained with th...
Tag this Judgment!Malca Constructions (India) Pvt. Ltd. Vs. the Madhya Pradesh Housing B ...
Court: Madhya Pradesh
Decided on: Jul-24-1989
Reported in: AIR1990MP49; 1989MPLJ650
B.C. Varma, J. 1. The petitioner, M/s MALCA Construction Pvt. Ltd. is registered as Class A-IV contractor with the respondent No. 1. M. P. Housing Board. On 23-12-1988, the Housing Board issued notice inviting tenders for the construction of M. P. State Corporation's building on Jail Road, Bhopal. The value of the work was shown as 8.55 crores and the earnest money required to be deposited was Rs. 4,27,500/-/ This was to accompany the tender in the shape of demand draft in a separate envelope. Time for completion of the work was mentioned as 36 months, including rainy season. The tender documents could be made available on payment of Rs. 250/-. Eight contractors, including the petitioner and respondents Nos. 3. 4 and 5, submitted their tenders. The petitioner's offer was of Rs. 8,37.88.767/-. that of respondent No. 3, Hindustan Steel Construction Works Ltd. (HSCL) was of Rs. 9,07,29,005/-, and that of respondent No. 4, V. K. Construction Ltd., was of Rs. 8,52,29,210/-. The tender of re...
Tag this Judgment!Sardar Gurdeep Singh Vs. Amiya Kumar Datta
Court: Madhya Pradesh
Decided on: Jul-24-1989
Reported in: 1993(0)MPLJ854
Gulab C. Gupta, J.1. This is plaintiff's first appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 9-11-1987 passed by Shri K.K. Shrivastava, II Additional Judge to the Court of District Judge, Surguja at Ambikapur, in Civil Suit No. 2-A of 1987, dismissing the suit for specific performance of agreement dated 3-10-1974 (Ex.P-6).2. The property in dispute, in the appeal is 2.27 acres of land forming part of Khasra No. 242/2 at village Namna-Kala, district Surguja, admittedly owned by respondent A.K. Dutta in his Bhumiswami right. Though plaint allegations originally did not contain any challenge to the respondent's title, it was amended and the challenge to the title made. In this Court, however, it has been conceded that the respondent is the Bhumiswami of the said land. According to the plaint, the parties entered into an agreement dt. 3-10-1974 (Ex.P-6), to sell the aforesaid land for valuable consideration of Rs. 25,000/-. The appellant claim...
Tag this Judgment!Union of India (Uoi) and anr. Vs. Gurdev Kaur and ors.
Court: Madhya Pradesh
Decided on: Jul-24-1989
Reported in: 1990ACJ575
T.N. Singh and S.K. Dubey, JJ. 1. Heard counsel.2. At the time of his death, late Rishipal Singh was aged about 30 years. He died on 24.8.1983 in a motor accident, and at that time, he was employed by the Defence Department of the Government of India.3. His widow and minor daughter preferred claim under Section 110-A, Motor Vehicles Act and got an award in their favour from the Tribunal. Their claim has been accepted by the Tribunal in the lump sum amount of Rs. 1,16,000/- accepting, however, the claim of dependency of the two claimants at the rate of Rs. 613/- per month. However, we are of the view that the Tribunal was not justified in assessing the dependency in that amount because no consideration was paid by the Tribunal to the fact that out of the total amount received as salary by the deceased, he must have retained something for his personal use. Accordingly, we are of the view that in this appeal there is some scope for modifying the award. We assess the loss of dependency of ...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Smt. Gurdev Kaur and ors.
Court: Madhya Pradesh
Decided on: Jul-24-1989
Reported in: I(1991)ACC376
T.N. Singh, J.1. At the time of his death, late Rishipal Singh was aged about 30 years. He died on 24.8.83 in a motor accident, and at that time, he was employed by (he Defence Department of the Government of India.2. His widow and minor daughter preferred claim under Section 110 A Motor Vehicle Act and got an award in their favour from the Tribunal. Their claim has been accepted by the Tribunal in the lumpsum amount of Rs. 1, 16, 000/- accepting, however, the claim of dependency of the two claimants at the rate of Rs. 613/- per month. However, we are of the view that the Tribunal was not justified in assessing the dependency in that amount because no consideration was paid by the Tribunal to the fact that out of the total amount received as salary by the deceased, he must have retained something for his personal use. Accordingly, we are of the view that in this appeal there is some scope for modifying the award. We asses loss of dependency of the claimants at Rs. 500/- per month.3. Ho...
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