Madhya Pradesh Court November 1990 Judgments
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Prakramchand Vs. Chuttan and ors.
Court: Madhya Pradesh
Decided on: Nov-30-1990
Reported in: 1991ACJ1051; AIR1991MP280; [1992]75CompCas638(MP); 1991(0)MPLJ739
T.N. Singh, J.1. When this appeal came, for hearing before one of us (S. K. Dubey, J.), sitting singly, and it was heard at some length by him, he took the view that the interpretation of Section 110-CC, Motor Vehicles Act, 1939, for short, the 'Act', in the context of Order 41, Rule 33, CPC by another learned single Judge of this Court in the case of Oriental Fire and General Insurance Co. Ltd. Indore v. Kamla Bai, 1990 MPJR 140, hereinafter referred to as Kamlabai's case was required to be examined by Larger Bench. Indeed, according to him, the view expressed in the decision cited, conflicted directly with this Court's decision in Manjula Devi Bhuta v. Manjushri Raha, 1968 Jab LJ 189 and otherwise also, the question was a general importance to decide whether in appeal, the Court had power, jurisdiction or duly to award interest at a higher rate in the absence of cross-objection in that regard by the claimant.2. Twin provisions, above-referred, are extracted in the extenso :Section 11...
Radheshyam Vs. Shardabai
Court: Madhya Pradesh
Decided on: Nov-30-1990
Reported in: I(1991)DMC627
V.S. Kokje, J.1. Shri C.R. Joshi, learned counsel for the applicant and Shri B.L. Pavecha, learned counsel for the non-applicant. A show cause notice was issued in this case, in response to which Shri B.L. Pavecha has appeared for the non-applicant. With the consent of parties, the case was heard finally.2. Shri C.R. Joshi, learned counsel for the applicant submits that a case under Section 498A of the Indian Penal Code is pending before the Chief Judicial Magistrate, against the applicant. The case was initiated on a complaint made to the police by the non-applicant. The non-applicant simultaneously filed a petition under Section 13 of the Hindu Marriage Act for dissolution of her marriage with the applicant in the Court of District Judge, Mandsaur. A prayer for stay of the divorce proceedings was made on behalf of the applicant before the learned District Judge, Mandsaur on the ground that if the applicant is made to disclose his defence in the Civil Court, he will be seriously preju...
New India Assurance Co. Ltd. Vs. Vimla and ors.
Court: Madhya Pradesh
Decided on: Nov-30-1990
Reported in: 1992ACJ628
T.N. Singh, J.1. On behalf of appellant's counsel, Mr. Maheshwari prayed for adjournment. True, as per order dated 29.10.1990, this appeal, which is nine years old, could not be disposed of as respondent No. 5 has remained unserved. Steps had to be taken by appellant in that regard and that default apparently continues.2. In the circumstances aforesaid, this appeal is disposed of on merits. This is insurer's appeal who challenges its joint liability under the award which is passed for a petty sum of Rs. 15,000/-. The contention is that respondent No. 5 was the insured person and he had effected transfer of the vehicle to respondent No. 3, but no transfer was effected in respect of the policy of insurance which had been issued to him. True, the award is passed jointly against him and two others including respondent No. 3.3. From records, I find that the insurer appellant had amended the written statement on 6.12.1979 claiming exoneration of liability under 'general exceptions'. That is ...
Prakramchand Vs. Chuttan Ai Ias Alim and ors.
Court: Madhya Pradesh
Decided on: Nov-30-1990
Reported in: II(1992)ACC254
T.N. Singh, J. 1. When this appeal came for hearing before one of us (S.K. Dubey, J.), sitting singly, and it was heard at some length by him, he took the view that the interpretation of Section 110-CC, Motor Vehicles Act, 1939, for short 'the Act', in the context of Order 41, Rule 33, Civil Procedure Code by another learned single Judge of this Court in the case of Oriental Fire and General Ins. Co. Ltd. v. Kamala Bai , (hereinafter referred to as 'Kamala Bai's case') was required to be examined by a larger Bench. Indeed, according to him, the view expressed in the decision cited, conflicted directly with this Court's decision in Manjula Devi Bhuta v. Manjusri Raha 1968 ACJ 1 (MP) and otherwise also, the question was of general importance to decide whether in appeal, the court had power, jurisdiction or duty to award interest at a higher rate in the absence of cross-objection in that regard by the claimant.2. Twin provisions, referred above, are extracted in extenso:Section 110-CC, Mo...
Kamla Bai Vs. Pyare Lal
Court: Madhya Pradesh
Decided on: Nov-29-1990
Reported in: I(1992)DMC43
D.M. Dharmadhikari, J.1. This is an application by the wife for transfer of divorce proceedings-Case No, 120 of 1987, pending against her in the Court of the Additional District Judge, Kharai, to the appropriate Court at Bhopal.2. The non-applicant has filed divorce petition at Khurai against the applicant-wife. The Counsel for the applicant in support of her case for transfer of the case stated that the wife is a vey poor lady with no source of income. She has a child of about two years She has lost her father and the mother is 70 years of age. It was stated that the marriage between the parties took place at Bhopal and the wife resides at Bhopal Court has, therefore, undoubtedly jurisdiction to try the matrimonial proceedings.3. The learned Counsel for the applicant placed reliance on the decision in Jagatguru Shri Sankaracharya Jyotish Peethadhishwar Shri Swami Swaroopanand v. Ramji Tripathi Lal Bihari Tripathi & others, (1979 M.PLJ. 305) in support of her contention that one of the...
Aytun Vs. Ramzan Khalifa
Court: Madhya Pradesh
Decided on: Nov-29-1990
Reported in: I(1992)DMC301
Gulab Chand Gupta, J.1. The applicant, claiming herself to be the married wife of non-applicant, had initiated proceedings under Section 125 Cr. P.C. before the Judicial Magistrate Class I, Manendragarh. The learned Magistrate by his order dated 18.1.85 granted her maintenance at the rate of Rs. 175/- per month. The non-applicant challenged the said order in revision before the Addl. Sessions Judge, Sarguja who has been pleased to set aside the same on a finding that the marriage between the parties is not established by evidence on record. It is this order which is impugned in the present application.2. It is beyond doubt that before the applicant could obtain an order for maintenance, she has to establish that she was the legally married wife of the non-applicant. In her application before the learned Magistrate she claimed that she was married to the non-applicant about 25 years back. The non-applicant denied the said allegation and submitted that be had his legally married wife who...
Mohd. Yunus Vs. Shahada Bano
Court: Madhya Pradesh
Decided on: Nov-28-1990
Reported in: II(1993)DMC511
Gulab Chand Gupta, J.1. The applicant feels aggrieved by the order dated 2.3 89 passed by Sessions Judge Chhindwara in Cr. Appeal No. 31 of 1989 confirming the order of Judicial Magistrate Clase 1 Chhindwara dated 27.2-89 in Misc. Cr. Case No. 215/88 awarding maintenance to the non-applicant and has approached this Court by filing this application under Section 482 Cr. P.C. for quashing the same.2. There appears to be no dispute at this stage that the parties were married husband and wife. The non-applicant filed an application Under Section 125 Cr. P.C. before the Judicial Magistrate First Class Chhindwara alleging neglect and refusal of the applicant to maintain her and therefore prayed for an order directing the applicant to pay maintenance. It appears that inspite of efforts and service of notice, the applicant remained ex parte and ultimately the learned Magistrate passed order dated 1.9.83 granting the maintenance at the rate of Rs. 200/- per month. The applicant faced with the a...
Shankerlal Vishwakarma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-27-1990
Reported in: 1991CriLJ2808
S.K. Chawla, J.1. The judgment in this Criminal Appeal shall also govern the disposal of Criminal Appeals 53/85. 94/85, and 925/85. This appeal as also Appeals 53/85 and 94/85 are by convicted accused persons, numbering five. Appeal No, 925/85 is by the State against acquittal of two other accused persons.2. Between October, 3967 to July, 1968 i.e. during an interval of about. 10 months, pay bills of teachers, of the total amount of Rs. 27,555/- of the establishment of District Education Officer Raipur, marked Exs. P-6 to P-13, were encashed from Raipur Treasury. The amount of those bills was obtained for the purpose of disbursement by Shankerlal Vishwakarma, who was at the relevant time, Assistant District Inspector of Schools, working in the office of District Education Officer, Raipur. Those pay bills were written out by Nand Kumar, a teacher attached to that office. One Premchand Bagh was a Section Clerk in that office who had checked those pay bills. Another official named Ramesh ...
Dr. Kanhaiyalal Modi Vs. Dwarkaprasad Modi and anr.
Court: Madhya Pradesh
Decided on: Nov-27-1990
Reported in: 1991CriLJ3004
ORDERB.M. Lal, J.1. Non-applicant Not 1 Dwarka Prasad Modi filed a complaint Under Section 200 of the Code of Criminal Procedure for taking cognizance against the applicant Dr. Kanhaiyalal Modi for offences punishable Under Section 323 and 506 read with Section 109, I.P.C.2. After recording the, evidence of this non-applicants, the learned Chief Judicial Magistrate, Seoni sent for the report of the concerned police station house, Seoni. The Station House Officer, Seoni, after making necessary inquiry reported that no case is made out against the, applicant and therefore, cognizance for the offences alleged are not necessary. However, the Magistrate further recorded the statement of the complainants witness and issued process against the applicant as contemplated Under Section 204 of the Code, against which this revision has been filed.3. Shri S.C. Datt, learned counsel for the applicant, contended that under Section 202 of the code three modes have been prescribed for investigation bef...
Uttam Chand Vs. Smt. Radhabai
Court: Madhya Pradesh
Decided on: Nov-26-1990
Reported in: AIR1991MP296
T.N. Singh, J. 1. This is defendant's appeal against the judgment and decree passed to enforce specific performance of agreement for sale of his house in Basoda town.2. In the plaint, which giving description of the house the alleged terms of the agreement were also given; that was stated to be executed and registered on 24-7-1976 and was proved in the case as Ex. P-l. The plaint case is that Rs. 11,500/- had already been paid under the agreement to the defendant and the remaining Rs. 500/ - had to be paid at the time of execution of the sale-deed, within 24-7-1977, when possession of the suit house had to be delivered by to the plaintiff by the defendant. A registered notice dated 25-7-1977 was served on the defendant as Sale-deed was not executed by him within the period stipulated. The plaintiff was ready and willing to pay the balance amount but the defendant refund to execute the sale deed and to deliver possession of the suit house to her.3. In his written statement the defendant...
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