Madhya Pradesh Court February 1990 Judgments
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Bachchu S/O Pohaakal Baiga Vs. Ashok Kumar Tiwari and anr.
Court: Madhya Pradesh
Decided on: Feb-08-1990
Reported in: 1991(0)MPLJ23
ORDERRampal Singh, J.1. The applicant-complainant is aggrieved by the order of discharge of the accused by Chief Judicial Magistrate, Shahdol by order dated 28-11-1988.2. The applicant filed a complaint against non-applicants Nos. 1 and 2 in the Court of Chief Judicial Magistrate Under Sections 465, 469, 471, 120B and 420 of the Indian Penal Code. After recording the statement of the complainant Under Section 200, Criminal Procedure Code, the trial Magistrate directed the complainant to adduce evidence Under Section 202, Criminal Procedure Code. The complainant wanted to contest the election of Gram Panchayat, Devhara from Ward No. 4. Consequently, he filed his nomination paper before the returning officer - non-applicant No. 2. It is alleged in the complaint that non-applicant No. 1 - sitting Sarpanch and also candidates to the election filed an application on behalf of complainant Bachchu before the returning officer Under Rule 28 of the Madhya Pradesh Gram Panchayat (Election and Co...
New India Assurance Co. Ltd. Vs. Rambhabai and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1990
Reported in: II(1990)ACC226; 1991ACJ306
R.K. Verma, J.1.This is an appeal filed by the appellant insurance company against the award dated 1.7.1980 made by the Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 45 of 1977 whereby the learned Tribunal has awarded Rs. 15,000/- as compensation in respect of the death of the deceased Bhagwandas who died as a result of motor accident on 2.6.1976.2. The facts giving rise to this appeal, briefly stated, are as follows:On 2.6.1976, the deceased Bhagwandas, husband of the claimant-respondent No. 1, was travelling with his goods on the truck bearing registration No. 6993 which was coming from Indore to Kumbhraj, being driven by the driver Ramgopal, respondent No. 3. While the truck was near Kanasia on way to Kumbhraj, in the morning hours, it fell down near a culvert as a result of which the deceased Bhagwandas sustained injuries and died instantaneously. The claimant-respondent No. 1 who is the widow of the deceased Bhagwandas filed a claim petition under Section 110-A of the ...
Hullanbai and ors. Vs. Jagdish Prasad and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1990
Reported in: I(1990)ACC513; 1991ACJ198
Y.B. Suryavanshi, J.1. The appellants/claimants have preferred this appeal under Section 110-D of the Motor Vehicles Act against the award, dated 22.2.1988 passed in Claim Case No. 163 of 1987 (old No. 164 of 1978) by Mr. S.L. Jain, 5th Additional Motor Accidents Claims Tribunal, Indore, whereby the entire claim of Rs. 1,00,000/- has been dismissed on the ground that the accident, namely, the death of the deceased Poonamchand, was caused due to contributory negligence of both the drivers of the vehicles involved, i.e., the bus and the truck and the claimants are not entitled for any compensation because the deceased Poonamchand was himself negligent in sitting on the right side of the driver's seat2. At this stage, it is not in dispute that the claimants, namely, Hullanbai, Yashodabai and Laxmibai (then aged 1 year) are, respectively, the mother, widow and daughter of the deceased Poonamchand, who died in an accident at about 9.15 p.m. on 18.8.1978 on the Agra-Bombay Road. The truck CP...
Mari Appa Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-06-1990
Reported in: 1990(0)MPLJ621
ORDERV.D. Gyani, J.1. This and other connected petitions for bail, raise and involve a common question of law as regards the scope and amplitude of section 37 of the Narcotic Durgs and Psychotropic Substances Act, 1985 (as amended by Amendment Act No. 2 of 1989) for short hereinafter referred to as the. Act.2. Learned counsel on both sides, who include Sarvashri H. S. Oberai, Joshi, and Tiwari for the applicants seeking bail and Shri Khan for the Department of Narcotics and Shri Desai, for the State have forcefully presented their view points. Both agree and rightly so, at this stage, that the factual allegations as made, cannot be disputed; yet Shri Oberai maintained that such procedural lapses on the part of the investigating agency, which would ultimately be materially affecting the prosecution case, would be one such circumstance which should be taken into consideration by the Court, while reaching the satisfaction that there are reasonable grounds for believing that accused is not...
Rameshchandra S/O Ramchandra Mittal and anr. Vs. State of Madhya Prade ...
Court: Madhya Pradesh
Decided on: Feb-06-1990
Reported in: 1990MPLJ586
S.D.Jha, J.1. Appellants challenge their conviction under section 3/7 of the Essential Commodities Act, 1955 (for short, 'the Act') read with clause 4(c) of the Madhya Pradesh Essential Commodities (Exhibition of Prices and Price Control) Order, 1977 (for short, 'the Control Order') and Madhya Pradesh Pulses, Edible Oilseeds and Edible Oils Dealers Licensing Order, 1977 (for short, 'the order') and sentence of three months' rigorous imprisonment and fine of Rs. 2,000/-, in default, further one month rigorous imprisonment awarded by Sessions Judge, Indore. Though the Sessions Judge does not say so it appears that he acted as Special Court under section 12A of the Essential Commodities Act, 1955 as amended by Essential Commodities (Special Provisions) Act, 1981 read with Government of Madhya Pradesh Notification No. A-1105-III-6-7-64-I, Bhopal dated 10th February, 1983 by which the Sessions Judges of all the 45 Districts of Madhya Pradesh were to be Presiding Officers of the 'Special Cou...
Mari Appa and Etc. Etc. Vs. State of M.P. and Etc.
Court: Madhya Pradesh
Decided on: Feb-06-1990
Reported in: 1990CriLJ1990
ORDERV.D. Gyani, J.1. This and other connected petitions for bail, raise and involve a common question of law as regards the scope and amplitude of Section 37 of the Narcotic Drugs and Psycotropic Substances Act 1985 (as amended by Amendment Act No. 2 of 1989) for short hereinafter referred to as the Act.2. Learned counsels on both sides, who include Sarvashri H. Section Oberai, Joshi, and Tiwari for the applicants seeking bail and Shri Khan for the Department of Narcotics and Shri Desai, for the State have forcefully presented their view points. Both agree and rightly so, at this stage, that the factual allegations as made, cannot be disputed; yet Shri Oberai maintained that such procedural lapses on the part of the investigating agency, which would ultimately be materially affecting the prosecution case, would be one such circumstance, which should be taken into consideration by the Court, while reaching the satisfaction that there are reasonable grounds for believing that accused is...
Rameshchandra and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-06-1990
Reported in: 1991CriLJ50
S.D. Zha, J.1. Appellants challenge their conviction under Section 3/7 of the Essential Commodities Act, 1955 (for short, 'the Act') read with Clause 4(c) of the Madhya Pradesh Essential Commodities (Exhibition of Prices and Price Control) Order, 1977 (for short, 'the control order') and Madhya Pradesh Pulses, Edible Oilseeds and Edible Oils Dealers Licensing Order, 1977 (for short, 'the order') and sentence of three months' rigorous imprisonment and fine of Rs. 2000/-, in default, further one month rigorous imprisonment awarded by Sessions Judge, Indore. Though the Sessions Judge does not say so it appears that he acted as Special Court under Section 12A of the Essential Commodities Act, 1955 as amended by Essential Commodities (Special Provisions) Act, 1981 read with Govt. of Madhya Pradesh Notification No. A-1105-III-6-7-64-I, Bhopal dated 10th February, 1983 by which the Sessions Judges of all the 45 districts of Madhya Pradesh were to be Presiding Officers of the 'Special Courts' ...
R.N. Tiwari Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-02-1990
Reported in: 1990MPLJ600
ORDERB.C. Varma, J.1. The petitioner is being prosecuted for an offence under section 397, Indian Penal Code before the Court of the 1st Additional Sessions Judge, Durg, in Sessions Trial No. 23 of 1989. Respondent No. 3, S. P. Agarwal, Advocate, has been appointed a Special Public Prosecutor, in exercise of powers under section 24(8), Criminal Procedure Code. This order (Annexure-A) has been passed by the District Magistrate, but appears to have been signed for him by some Addl. District Magistrate. The petitioner took an objection as to the appointment of respondent No. 3 as Special Public Prosecutor. By the impugned order, the learned Additional Sessions Judge rejected that objection, on the ground that the objection was not taken before the proceedings commenced and the hearing was done on the question of framing of charge and that such a challenge cannot be made before him. To us, both the reasons assigned for rejecting the objection appear to be irrelevant. Section 24(8), Crimina...
S.K. Bose Vs. Premi Bose
Court: Madhya Pradesh
Decided on: Feb-01-1990
Reported in: I(1992)DMC506
D.M. Dharmadhikari, J.1. This revision under Section 115 of the Code of Civil Procedure by the applicant/husband is directed against the order dt. 27/6/1986 of the matrimonial Court setting aside the ex-parte decree of divorce passed against the wife in Civil Suit No. 3-A of 1980.2. The ex-parte decree of divorce was granted in favour of the husband on 4.10.1980. Earlier the case was fixed before the Court 27.9.1980 and the case was adjourned without objection, on the request of the Counsel for the wife. The case was adjourned to 1.10.80 for evidence. On the date of evidence the wife as also her Counsel were absent. The Court, therefore, preceded ex.parte by examining the husband in witness box, hearing the arguments and fixing the case for judgment on 4.10.80.3. An application for setting aside the ex-parte decree of divorce was filed on 24.10.1980 stating that the wife being absent on 27.9.80 had no knowledge of the subsequent date, she tried to contact her Counsel late Shri Hirak Bh...
Dayanand Vs. Baijnath and ors.
Court: Madhya Pradesh
Decided on: Feb-01-1990
Reported in: I(1991)ACC98
Milap Chandra, J.1. These appeals have been filed by the owner of the offending truck against the judgments dated September 28, 1979 awarding compensation to the claimant-respondents in both the cases. These appeals arise out of one accident. The facts of the cases may be summarised thus.2. On October 8, 1976 at about 4 A.M., truck No. RJA 2465 took milk packets from the Western Rajasthan Milk Production Co-operative Samiti, Industrial Area, Jodhpur. The deceased Mahavir Chand and injured Manmohan were sitting in this truck alongwith other employees of the said Samiti. The non-petitioner No. 1 Nagga (respondent No. 3 in the appeal No. 142/84) was driving it. Without seeing the signal and looking on both sides of the Railway crossing, he continued to drive the truck. It struck with the railway wagon with tremendous force. As a result thereof, deceased Mahavir Chand and injured Manmohan received serious injuries. Despite best treatment, deceased Mahavir Chand died in the hospital on Octo...
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