Madhya Pradesh Court August 1990 Judgments
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Vandna Sharma Vs. State of M.P. and Four ors.
Court: Madhya Pradesh
Decided on: Aug-29-1990
Reported in: II(1991)DMC562
G.C. Gupta, J.1. The applicant is the complainant in the criminal case pending in the Court of Chief Judicial Magistrate, Satna and has approached this Court by filing this application for its transfer to either Sagar or Jabalpur2. It appears that the applicant and non-applicant No. 3, Ram Bihari Sharma were legally married husband and wife. A divorce by mutual consent has taken place between them by the decree passed by the District Judge, Satna on 19.9.1989. It further appears that the applicant had filed an application for divorce on the ground of cruelty by the noa-applicant husband. The said allegation could not, however, be investigated because of divorce by mutual consent. It, however, appears that on 18.10.1986, she lodged a report before the superintendent of Police, Satna alleging cruelty and forcibly being thrown out of matrimonial home, constituting offence under Section 498A I.P.C.. The criminal case was registered on the said basis against the non-applicants 2 to 5 and ch...
Union of India (Uoi) Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-29-1990
Reported in: 1992(0)MPLJ926
ORDER1. Heard Counsel.This order shall govern disposal of M. Ps., Nos. 17J2/90, 1705/90, 1711/90,1714/90, 1715/90, 1717/90, 1718/90 and 1719/90.2. The same question is agitated in all petitions and indeed a common interim order was passed separately in all the petitions on 10-8-1990 in regard to 10 separate cases disposed of by the Court below. By this common order, we are finally disposing of all the ten petitions.3. On the last date, by order aforesaid, we made a two-fold direction in this matter. We took the view that 10 separate orders passed on 20-7-1990 by Smt. Meena Bhatt, Second Additional Chief Judicial Magistrate, Gwalior, in regard to custody of 304 kgs. of silver entrusted under different orders to different persons were violative of the law laid down in the decision rendered by this Court in M.P. No. 724/90, decided on 23-6-1990, Union of India v. In-Charge P. S. Janak Ganj.4. We accordingly made a direction for recovery of the silver and for that being deposited in the Tr...
Smt. Nasreen Siddiqui Vs. Syed Mohd. Fazil
Court: Madhya Pradesh
Decided on: Aug-28-1990
Reported in: II(1991)DMC139
G.C. Gupta, J.1. The applicant feels aggrieved by the order dated 18th May, 1989 passed by Shri N.K. Jain. Sessions Judge, Bhopal in Criminal Revision No. 26 of 1989 affirming the order dated 19.11.1988 passed by Judicial Magistrate, Frist Class, Bhopal in Misc. Cr.Case No. 10 of 1987 dismissing applicant's application for maintenance under section 125 Cr.P.C. and has approached this Court for setting aside the same, in exercise of powers under section 482 Cr.P.C. 2. That the applicant and the non-applicant are legally married husband and wife is not in dispute. That the applicant wife gave birth to a femali child on 1.6.1985 is also admitted. The applicant had gone to her father's house few days before the birth of the child and is since then living there with her parents. It appears that the relationship between the parties had deteriorated during this period, as a result of which notices and counter notices had been served by and against both of them. The applicant filed an applicat...
Ku. Saba Vs. Syed Mohd. Fazil
Court: Madhya Pradesh
Decided on: Aug-27-1990
Reported in: I(1991)DMC262
G.C. Gupta, J.1. This will also govern the disposal of Misc. Cr. Case No. 2270 of 1989 (Syed Mohd. Fazil v. Ku. Saba) filed by the non-applicant in this case.2. The applicant, in this case, feels aggrieved by the order dated 18-5-1989 passed by Shri N.K. Jain, Sessions Judge, Bhopal in Criminal Revision No. 26 of 1989 arising out of the order dated 19-11-1988 passed by the Judicial Magistrate, Class-I, Bhopal in Misc. Criminal Case No. 10 of 1977 and has approached this Court for necessary modification therein, by filing this application under Section 482 Cr.P.C.3. Applicant is admittedly the daughter of non-applicant born to him from Smt. Nasreen Siddique, his wife. It appears that the applicant and her mother had filed an application under Section 125 Cr.P.C. claiming maintenance from the applicant on the allegation that though he was liable to maintain them, he was neglecting and refusing to do so. It was alleged that the mother of the applicant had gone to her father's house, few d...
Krishi Upaj Mandi Samiti and anr. Vs. Ramjilal Harnarayan and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1990
Reported in: 1991(0)MPLJ231
S.K. Dubey, J.1. Krishi Upaj Mandi Samiti, Shivpuri and its Chief Executive Officer have preferred this appeal Under Order 43, Rule l(u), Civil Procedure Code, against the judgment and decree dated 6-12-1979, passed by Additional District Judge, Shivpuri, in Misc. Appeal No. 10/1979, which was against the judgment and decree dated 18-1-1979, passed by Civil Judge, Class II, Shivpuri, C.S. No. 29-A/1977, whereby the suit of the plaintiffs for declaration and permanent injunction in relation to the recovery of market fee was dismissed.2. Brief facts leading to this appeal are that the plaintiffs instituted a suit for declaration and permanent injunction against the appellants that the Krishi Upaj Mandi Samiti, Shivpuri (for short, the 'Samiti') has no right or competence to collect and levy the market fee on the allegation that the levy of market fee of Rs. 2,434.24 p. by order dated 22-12-1976 is without jurisdiction, as the agricultural produce Was not purchased in the Mandi nor was Br...
indra Singh S/O Maujilal and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1990
Reported in: 1991(0)MPLJ250
ORDERT.N. Singh, J.1. Shri Lokendra Gupta, Counsel for the petitioner. Shri N. K. Jain, Counsel for respondents nos. 2, 3 and 4. Shri R. A. Roman, Govt. Advocate for respondents ' nos. 1 and 5. Heard counsel.In this petition the short question is, whether there was proper disposal of the revision contemplated under the M. P. Lok Abhikaranon Ke Madhya Se Bis Sutriya Karyakram Ka Karyanvayan Adhiniyam, 1976 (No. 25 of 1976) (for short, Adhiniyam). That order dated 21-6-1982 we have perused and in our opinion, for reasons to follow, the order is illegal and without jurisdiction and that has to be quashed.2. Respondents Nos. 2, 3 and 4, Lalsingh and others had filed the revision in 1979 impugning the orders passed on 5-12-1977 and 18-7-1978 (Annex. G, H) by Sub- Divisional Officer, Morena, in appeal. Those orders were set aside on the short technical ground that the appeals were time-barred. This view was taken considering only two facts. In the impugned order it has been noted that allotm...
Kewal Kumar Sharma Vs. Satish Chandra Gothi and anr.
Court: Madhya Pradesh
Decided on: Aug-23-1990
Reported in: 1991(0)MPLJ458
ORDERB.C. Varma, Actg. C.J.1. The petitioner invokes the power of superintendence of this Court under Article 227 of the Constitution of India for quashing the order dated 19-10-1989 passed by the District Judge, Bhopal, in Civil Revision No. 136 of 1989 (Annexure-A), whereby the learned District Judge allowed the revision and set aside the trial Court's order dated 27-7-1989. The result is that the petitioner-defendant is precluded from leading evidence on the issue of arrears of rent, although evidence was to be led for the limited purpose of contesting the quantum of rent arrears allegedly due and adjustment claimed by him.2. The suit by the respondent-plaintiff Satish Chandra was for the eviction of the petitioner-tenant, based on the ground envisaged Under Section 12(l)(a) and (e) of the M. P. Accommodation Control Act. The defence was that there were no arrears of rent due against the petitioner. He claimed adjustment for the amount spent by him on repairs of the premises, for ta...
Gokulbai and 2 ors. Vs. Laxminarayan
Court: Madhya Pradesh
Decided on: Aug-22-1990
Reported in: I(1991)DMC184
K.L. Issrani, J.1. This is an appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 30-7-1988 passed by the Additional Judge to the Court of District Judge, Sehore, in Civil Suit No. 5-A of 1986.2. A suit was filed by the respondent/plaintiff under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against his wife appellant No. 1 Smt. Gokulbai. The other appellants were also joined as defendants.3. The case of the respondent is that he married appellant No. 1 Smt. Gokulbai in the Natra form of marriage about 7 years before the date of filing of the suit. He had paid Rs. 4000/- and given eight ornaments for the same to the appellants 2 and 3. The marriage was consumated and one son was also born out of the wedlock. The appellant No. 1 resided with the respondent for some years. But on account of search warrant got issued by the appellants 2 and 3 from the Sub Divisional Magistrate, Ashta, the custody of the appellant No. 1 was hande...
Kirana Association Datia and anr. Vs. the State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Aug-21-1990
Reported in: AIR1991MP58; 1991(0)MPLJ478
B.C. Varma, AG. C.J.1. The challenge in this petition is to the bye-laws (Document No. 1) framed by the Datia Municipal Committee in exercise of the powers conferred by Sub-section (3) of Section 357 of the M. P. Municipalities Act, 1961. The bye-laws have been confirmed by the State Government by Notification No. 907-XVIII-II-83, dated 3rd October, 1983. By these bye-laws, the sale of vegetable Ghee within the Municipal limits of Datia Municipality has been regulated.2. Bye-law 4 provides that no person shall sell or offer for sale vegetable Ghee unless he holds a licence granted in accordance with the provisions of these bye-laws, in Form 'A' appended to the bye-laws. According to bye-law 5, there shall be two classes of licences, namely:(a) Wholesale Dealers' Licence; and (b) Retail Dealer's Licence. Provision has been made for issuance of licence prescribing certain conditions. Provision has also been made for grant, refusal, suspension or revocation of the licence if a person com...
Arun Dube Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Aug-18-1990
Reported in: 1991CriLJ840
ORDERR.C. Lahoti, J.1. The accused/petitioner is aggrieved by an order of the Committing Court requiring him to appear before the Court as an accused person though he was not so sent up by the Police. The order having been confirmed in revision by the Sessions Court, the petitioner has invoked the jurisdiction of this Court Under Section 482 of the Code of Criminal Procedure, 1973.2. Police Station Dinara filed a Challan Under Sections 307/149, 147 and 148 of the Penal Code against five accused persons, excluding the petitioner. Before the Committing Court the complainant Kishori moved an application on 16-11-1987 stating that in the first information report and the statements recorded during the course of investigation, the accused/petitioner was' specifically named as one of the assailants, associated with overt acts towards himself and his wife resulting into injuries to both of them still the police had obliged the petitioner by leaving him out of the array of the accused persons a...
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