Madhya Pradesh Court January 1990 Judgments
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Baijnath Prasad SaIn Vs. Daya Shanker Sain
Court: Madhya Pradesh
Decided on: Jan-22-1990
Reported in: AIR1991MP132
ORDERD.M. Dharmadhikari, J.1. This is a revision under Section 23-E of the M. P. Accommodation Control Act, 1961 (in short 'the Act), by the tenant. The parties are real brothers. The suit accommodation is house No. 1486 Napier Town, Jabalpur and is a residential accommodation.2. The admitted facts are that the applicant retired from government service in April, 1983. By a deed of gift executed on 30-8-1983, the suit accommodation was acquired by transfer by the non-applicant landlord from his mother. The present application for eviction was filed before the Rent Controlling Authority (in short 'theAuthority') on 5-9-1984. The need set up was bona fide need for residence. Another tenanted portion adjoining the suit accommodation was occupied by other tenant (called portion of Sarkar) against whom also the present landlord filed proceedings for eviction and in fact obtained a decree.3. The counsel appearing for the tenant before me firstly submitted that the application at the instance ...
Kanhiyalal Vs. Anil Kumar and anr.
Court: Madhya Pradesh
Decided on: Jan-19-1990
Reported in: II(1990)ACC203
K.L. Shrivastava, J.1. This revision petition is directed against the order dated 12.3.1986 passed by the J.M.F.C., Alirajpur in Cri. Case No. 132 of 1984 whereby the N.A. No. 1 has been acquitted of the offence under Section. 304A of the Indian Penal Code.2. According to the prosecution, the N.A. No. 1 at about 2.30 PM on 7-1-1984 driving rashly and negligently the motorcycle bearing registration No. MBU 8541 in Alirajpur on Umrali Road near Water Tank dashed it against Dinesh aged 9 years, the son of the petitioner.3. As a consequence of the injuries sustained, the said Dinesh died in the evening the same day.4. The occurrance was reported to the Police station Alirajpur. A crime was registered and investigation was set forth.5. At the conclusion of the investigation, the N.A. No. 1 was prosecuted. The learned Magistrate framed charge Under Section 304A I.P.C. and at the conclusion of the trial passed the impugned order.6. The contention of the learned Counsel for the petitioner is t...
Kamla Bai Vs. Amritram
Court: Madhya Pradesh
Decided on: Jan-18-1990
Reported in: I(1992)DMC283
V.D. Gyani, J.1. This petition under Section 482, Cr. PC. is directed against the order dated 15.7.1985, passed by the IInd Addl. Sessions Judge Ratlam, in Criminal Revision No. 22 of 1985, preferred by the respondent husband, thereby reversing the trial Court's order dated 11.2.1985, awarding maintenance allowance of Rs. 50/- per month to the petitioner.2. The only point which has been urged and agitated by the parties is, whether it was open to the revisional Court to reappraise evidence and reverse the findings recorded by the trial Coutr, more so when no such unreasonability is pointed out, which would have called for interference.3. The finding on the point of cruely has been upset by the Court below on two grounds: (i) that no immediate action was taken, either by the petitioner or her mother, as against the acts of cruelty imputed to the husband; (2) no witnesses from the neighbourhood were examined as witnesses, although admittedly Bhagirath and Jagannath were residing in the s...
Anand Sudhakar Khidwadkar Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-18-1990
Reported in: 1990MPLJ674
ORDERA.G. Qureshi, J.1. Shri C.M. Mehta, learned counsel for the petitioner. Shri Sekhar Bhargava, learned Govt. Advocate for the State.The petitioner is a student of ITI, Ujjain. He was admitted to the ITI course on the strength of being a relative of a Freedom Fighter late Hari Krishna Rao Joglekar. The petitioner's surname is Khidwadkar, and not Joglekar. The certificate of the freedom fighter signed by Shri Joglekar, which has been filed along with the application, clearly says that Khidwadkar is 'related' to Joglekar, but in a different ribbon, later on, it appears that ^^o esjk ikS= gS** (va mera poutra hai) had been added in the certificate to make the petitioner eligible for admission as a dependent of the Freedom Fighter. This is clear interpolation and there is nothing on re record to show that the petitioner was the grand son of Shri Joglekar.2. Shri Mehta argues that in view of the earlier decisions of this Court once a person is admitted and spent few, years in studies he ...
Pushpa Devi @ Savita Vs. Ramesh Kumar
Court: Madhya Pradesh
Decided on: Jan-17-1990
Reported in: II(1991)DMC465
S. Awasthy, J.1. This revision has been filed by the defendant for enhancement of the amount of maintenance pendente lite and also the amount towards cost awarded by the First Additional Judge to the Court of District Judge, Raigarh in Civil Suit No, 27-A of 1983.2. A suit under Section 13 of the Hindu Marriage Act, was filed by the non-applicant (herein) on 12-4-1983. After receiving notice the applicant (herein) made an application on 27-6-1983 claiming maintenance pendente lite and also for meeting the expenses in the litigation. After recording evidence of the parties the Trial Judge passed the impugned order on 17-3-1988 directing the non-applicant to pay Rs. 450/- per month maintenance payable from 1-1-1988 and Rs. 2,000/- for meeting the expenses of litigation.3. The first contention of the learned counsel for the applicant is that the amount of maintenance should have been made payable from the date of service of the summons on her or from the date of the application under Sect...
Ramsingh and ors. Vs. Sheikh Sikandar and anr.
Court: Madhya Pradesh
Decided on: Jan-17-1990
Reported in: 1990ACJ801
R.K. Verma, J. 1. This is an appeal filed by the claimants who are the legal representatives of the deceased Mohbai, being her husband and four minor children, against the award dated 27.1.1981 passed by the Motor Accidents Claims Tribunal, West Nimar, Mandleshwar in Claim Case No. 30 of 1979.2. It has been found by the learned Tribunal that the deceased Mohbai who was employed to work as a labourer on truck No. MPF 7387 carrying manure to be unloaded at the destination by the deceased and other labourers, died as a result of injuries sustained in the motor accident which took place on 10.12.1978 on account of the truck dashing a hill about 15 km. from Barwani due to rash and negligent driving of the truck by its driver. The learned Tribunal has found that the deceased Mohbai was a housewife aged about 45 years and she also earned Rs. 3/- per day as labourer at the time of her death by accident. As regards quantum of compensation payable to the claimants in respect of death of deceased...
Ram Singh Bilala and 5 ors. Vs. Sheikh Sikandar and ors.
Court: Madhya Pradesh
Decided on: Jan-17-1990
Reported in: I(1991)ACC120
R.K. Verma, J.1. This is an appeal filed by the claimants who are the legal representatives of the deceased Mohbai, being her husband and four minor children, against the Award dated 27.1.1981 passed by the Motor Accident Claims Tribunal, West Nirmar, Mandleshwar in Claim Case No. 30/79.It has been found by the learned Tribunal that the deceased Mohbai who was employed to work as a labourer on the truck No. MPF 7387 carrying manure to be unloaded at the destination by the deceased and other labourers, died as a result of injuries sustained, in the motor accident which took place on 10.12.1978 on account of the truck dashing a hill about 15 Kms., from Barwani due to rash and negligent driving of the truck by its driver. The learned Tribunal has found that the deceased Mohbai was a house wife aged about 45 years and also earned Rs. 3/- per day as labourer at the time of her death by accident. As regards quantum of compensation payable to the claimants in respect of death of deceased Mohb...
Manohar Tulsiram Soni Vs. Kamlabai Manohar Soni
Court: Madhya Pradesh
Decided on: Jan-16-1990
Reported in: 1991(0)MPLJ44
ORDERV.D. Gyani, J.1. By this petition Under Section 482, Criminal Procedure Code the petitioner seeks to challenge the order dated 7-3-1989, passed by the Sessions Judge, Dewas, in Criminal Revision No. 50 of 1987, thereby partly allowing the petition and modifying operation of the order passed by the trial Court, making it operative from the date on which the order was passed rather than the date of application. Aggrieved by this order the petitioner has come up before this Court Under Section 482, Criminal Procedure Code.2. A mere reading of the section would go to show that the inherent powers of the Court can be invoked only in three situations indicated therein, namely : (1) in order to give effect to an order passed under the Code, or (2) to prevent abuse of process of the Court, and (3) to secure the ends of justice. None of these objects can be served by interfering with the impugned order.3. The only point raised is about validity of the marriage. Shri Dave contended that the...
Kamlabai W/O Manoharlalji Vs. Manoharlal S/O Mangilalji Lalwani and or ...
Court: Madhya Pradesh
Decided on: Jan-16-1990
Reported in: 1991(0)MPLJ342
ORDERV.D. Gyani, J.1. By this petition Under Section 482, Criminal Procedure Code, the petitioner seeks to challenge the order dated 31-8-1987, passed by the Addl. Sessions Judge, Neemuch, in Criminal Revision No. 129 of 1987, thereby upholding the order dated 21-4-1987, passed by the Judicial Magistrate, Ist Class, Neemuch, in Criminal Case No. 20 of 1986, holding the complaint filed by the petitioner as barred by time and dismissing the same on that count.2. A few facts of the case, necessary for disposal of this petition, may be noted : The petitioner is the wife of the first respondent and daughter-in-law of respondent No. 2. Her marriage was solemnised on 10-2-1972, in village Chittakhedi, Police Station Jiran, district Mandsaur, but as can be gathered from the allegations made in the complaint, there was no conjugal harmony between the two and ultimately the petitioner was required to separate herself because of illtreatment and at times indifferent attitude on the part of her hu...
N.A. Palkhivala and anr. Vs. Madhya Pradesh Pradushan Niwaran Mandal
Court: Madhya Pradesh
Decided on: Jan-16-1990
Reported in: 1990CriLJ1856
ORDERGulab C. Gupta, J. 1. This is an application under Section 482, Cr. P.C. invoking inherent jurisdiction of this Court to quash criminal proceedings against the petitioners in Criminal Case No. 2820/1986 pending in the Court of Chief Judicial Magistrate, Durg.2. The petitioner No. 1 is the Chairman of M/S. Associated Cement Company Limited, a public limited company engaged in manufacture of cement at various places including at Jamul Cement Works, Durg. The petitioner No. 2 is the Deputy Chairman of the said company. The non-applicant-complainant claims to be the Board constituted under Section 4 of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the Act) and filed a complaint against the petitioners and their company alleging offence punishable under Section 37 and 39 read with Section 40 of the Act. It was alleged that the Industry run by the petitioners is covered by the schedule of the Act and uses lime as a raw material. It was also alleged ...
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