Madhya Pradesh Court September 1990 Judgments
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State of Madhya Pradesh and anr. Vs. Ratna Devi and ors.
Court: Madhya Pradesh
Decided on: Sep-07-1990
Reported in: 1991ACJ166
V.S. Kokje, J.1. This appeal arises out of the accident Claim Case No. 33 of 1985 decided by the Member, Motor Accidents Claims Tribunal, Jhabua by his award dated 27.6.1987. The award in the aforesaid case also covered Claim Case No. 35 of 1985 arising out of the same accident. As this appeal and Misc. Appeal No. 184 of 1987 arise out of the same accident and a common award is being challenged in them, both these appeals were heard together and are being decided by this common judgment.2. The accident, out of which these cases arise, occurred on 12.7.1985 when jeep No. MPP 1743 belonging to the State of M.P. was being driven back from Jhabua to Indore by Kanhaiyalal, respondent No. 1, who was employed as driver of the jeep and was a Government servant. The jeep met with an accident at a distance of about 2 km. from Jhabua towards Indore and as a result of the accident two persons travelling in the jeep, namely, Biharilal Yadav and Krishna Narayan Dixit lost their lives on the spot. Bi...
Sardar Jaswant Singh and anr. Vs. Mst. Shahjadi and ors.
Court: Madhya Pradesh
Decided on: Sep-07-1990
Reported in: II(1991)ACC109
ORDERK.L. Issrani, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, against the Award dated 31.3.1984, passed by the Motor Accident Claims Tribunal, Bilaspur, (hereinafter called the Claims Tribunal) in Claim Case No. 31 of 1980: Mst. Shahiadi and Anr. v. Sardar Jaswant Singh and 2 Ors. The appeals is by the non-applicants 1 and 2, who are owner and driver respectively of the truck. The claimants have also filed Cross objection under Order 41 Rule 22 of the Code of Civil Procedure.2. Short facts of the case are that on 12.3.1980, the truck No. M.P.L. 4872 was being driven by the appellant No. 2 Jawaharlal, who is an employee of the appellant No. 1 Sardar Jaswant Singh, the owner of the truck. The deceased Abdul Gaffar Khan aged about 32 years was travelling along with and sitting by the side of Jawaharlal, the driver of the truck, About 3 Kilometers away from the village Him, the said truck met with an accident resulting in the death of Abdul Gaffer Khan. The...
Harsh Wood Products Pvt. Ltd. and anr. Vs. Sant Prakash Gupta and ors.
Court: Madhya Pradesh
Decided on: Sep-06-1990
Reported in: 1991(0)MPLJ32
ORDERK.K. Varma, J.2. Yesterday, an adjournment was given to him to enable him to cite case law laying down the appropriate conditions for making an order Under Order 19, Rule 2, Civil Procedure Code.3. Shri Modi was heard fully on the question of admission along with case law cited by him.4. This is a revision Under Section 115 of the Civil Procedure Code from an order dated 14-7-1990 of the District Judge, Morena, in C.S. No. 5-B/87 granting a prayer of the plaintiff, the Bank of India, to cross-examine defendant No. 2 Harsh Prakash Gupta on his affidavit, admittedly filed in the matter arising out of the plaintiffs application Under Order 40, Rule 1, Civil Procedure Code.5. The background is as follows :One Ganesh Prasad Dubey filed an affidavit in support of the plaintiffs application Under Order 40, Rule 1, Civil Procedure Code. The present applicants made an application Under Order 19, Rule 2, Civil Procedure Code for an order to permit them to cross-examine deponent Ganesh Prasa...
Kirti Narayan Agarwal Vs. Satyanarayan Rathi and ors.
Court: Madhya Pradesh
Decided on: Sep-06-1990
Reported in: AIR1991MP255; 1991(0)MPLJ140
R.D. Shukla, J. 1. This appeal is directed against the judgment and decree dated 9-1-1981 of the Court of Fourth Additional Judge to the Court of District Judge, Raipur, passed in Civili Appeal No. 78-A of 1977 (arising out of Civil Suit No. 4-A of 1976, decided on 18-10-1976, of the Court of Third Additional Judge to the Court of Civil Judge (Class II), Raipur), whereby decree passed in favour of the plaintiff appellant has been reversed and the suit has been dismissed.2. It is undisputed that the defendant Mohanlal was inducted as a tenant in the suit shop as per registered leasedeed dated 12-12-1972. It is also not in dispute that the defendant received plaintiffs notices dated 16-4-1975 and 22-7-1975. Plaintiff filed the suit on 20-12-1975 on grounds that the defendant Mohanlal was a tenant of 'Prakash Bhawan', situated at Kanakalipara Ward of Raipur Town, on Rs. 150/- per month and was doing his plastic manufacturing. The defendant was inducted in the suit shop for one year and fa...
Alabux S/O Aliulla Vs. Budhsen S/O Bharosa
Court: Madhya Pradesh
Decided on: Sep-05-1990
Reported in: 1991(0)MPLJ210
R.D. Shukla, J.1. This is plaintiffs second appeal against the judgment and decree dated 20-4-1984 and 23-4-1984, respectively, of First Additional Judge to the Court of District Judge, Rewa, passed in Civil Appeal No. 29-A of 1981, arising out of the judgment and decree dated 21-7-1980, of the Court of Additional Civil Judge (Class II), Mauganj, in Civil Suit No. 20-A of 1980 (Budhsen v. Alabux), whereby the decree for possession of the suit land has been confirmed.2. Brief history of the case is that the plaintiff-respondent (here) filed a suit on-5-2-1978 in the Court of Additional Civil Judge, Class II, Mauganj, District Rewa, on the ground that the land bearing Khasra No. 335, measuring 0.85 decimals, situated at Dharampura, was owned and possessed by his father. It is ancestral property. Plaintiffs father died in December, 1955. Age of the plaintiff, at the time of his father's death, was about one year and age of the plaintiffs brother was about three years. Thus, they were mino...
Ramrao Son of Shehrao Vs. Dr. Prem Kumar Sinha
Court: Madhya Pradesh
Decided on: Sep-04-1990
Reported in: AIR1991MP94
R.D. Shukla, J. 1. This plaintiffs second appeal is directed against the judgment and decree dated 8-4-1985, passed in Civil Appeal No. 23-A of 1984, of the Court of Additional Judge to the Court of District Judge, Betul (arising out of the judgment and decree dated 10-8-1984, passed in Civil Suit No. 27-A of 1980, of the Court of Civil Judge (Class II), Betul), whereby dismissal of his suit, for eviction has been confirmed.2. Briefly stated, the case of the plaintiff is that he filed a suit on 2-4-1980 under the provisions of M. P. Accommodation Control Act (which shall hereinafter be referred to as 'the Act') with the assertion that on a family settlement, the house in dispute has come to his share. He requires the suit house for his residence and for starting business for his major son. He and his family members, along with his brothers' family, mother and sister are living in a house which is not sufficient and suitable for their residence. Plaintiff has also alleged that the defen...
Manav Mandir Hotel Vs. Regional Provident Fund Commissioner
Court: Madhya Pradesh
Decided on: Sep-04-1990
Reported in: (1999)IIILLJ1415MP
D.M. Dharmadhikari, J.1. The only question involved in this petition under Article 226 of the Constitution is whether the provisions of the Employees' Provident Funds and Misc. Provisions Act, 1952 (in short the Act), can be made applicable to the establishment of the petitioner and whether the order passed by the Regional Provident Fund Commissioner on February 8, 1983 (Annexure XIII) holding the provisions of the Act applicable to the petitioner's establishment, is in accordance with law.2. The facts now in dispute are that in the same building business activities are being carried out in the following three names and style:--(i) Manav Mandir Hotel, (ii) Manav Bhojanalya (iii) Uttam Sweets.The above three concerns are run by partners of the same family and some of the partners are common. The three business concerns are separately registered for the purpose of M.P. Shops and Establishment Act.3. The Regional Provident Fund Inspector issued show cause notice to the petitioner and on...
Premwati Wd/O Salikram Vs. Sitaram S/O Jagannath
Court: Madhya Pradesh
Decided on: Sep-04-1990
Reported in: 1991(0)MPLJ858
ORDER1.Petitioner, Premyati, is present in person in Court today and has presented the petition under Article 225 of the Constitution of India.Let it be registered as Misc. Petition.Ku. Alka Nadkar, Advocate, appears in this matter as amicus curlae to assist the court.2. An old lady, a widow, aged about 70 years, the petitioner is. At this age even she is required to earn her livelihood as a wage-earner because her tenant, Sitaram is not paying her rent. On the other hand, it is he who is trying to evict her and alienate her house. He has disconnected her water and light facilities and is threatening and terrorising her to leave the place. These are averments we read in this petition. At one stage we had taken the view that a direction has to be made to the police authorities to give the petitioner protection by drawing up proceedings Under Section 117, Criminal Pocedure Code against her tenant, Sitaram son of Jagannath. We, however , are concerned in this matter with the real-life pro...
Subhash Kumar Vs. Kanhaiyalal
Court: Madhya Pradesh
Decided on: Sep-03-1990
Reported in: AIR1991MP44; 1991(0)MPLJ414
R.D. Shukla, J.1. This appeal is directed against the judgment and decree dated 2-3-1984, passed by the First Addl. Judge to the Court of District Judge, Hoshangabad, in Civil Appeal No. 40A of 1981 (arising out of the judgment and decree dated 19-8-1981, passed in Civil Suit No. 124A of 1977 by the Second Civil Judge (Class II), Hoshangabad, whereby the decree of dismissal of plaintiffs suit has been confirmed.2. Briefly stated, the plaintiff's case is that he filed a suit in the trial Court on 5-1-1977 with an assertion that he purchased the house in suit with an open plot from one Ramratan Dubey. This house is situated in Ward No, 22 of Talab Mohalla at Itarsi. Defendant was occupying one of the blocks of this house as a tenant on rent of Rs. 6/- per month during the ownership of Ramratan Dubey. The plaintiff is his predecessor-in-title. The defendant had failed to pay arrears of rent from 28-11-1975 to 27-12-1976. The house is old and dilapidated one. The plaintiff wants to constru...
Lakheram Vs. Shyamlal
Court: Madhya Pradesh
Decided on: Sep-03-1990
Reported in: I(1991)DMC339
D.M. Dharmadhikari, J.1. This revision is directed against the order dated 22-6-1984, passed by Judicial Magistrate First Class, Mahasamund, overruling the objection of the applicant-accused that the complaint for commission of alleged offence under Section 498 of the I.P.C. filed against him was liable to rejection, being barred by time under Section 468 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').2. The facts in brief are that complainant-non-applicant Shyamlal, who is the husband of Savitribai filed a complaint against the applicant-accused Lakheram, who is father of Savitribai, alleging that on the pretext of taking her for a festival he carried her in the year 1977 to his village with an intent to get her re-married. A copy of the complaint and a copy of the application objecting registration of the complaint have been supplied to the Court by the counsel for the applicant. Perusal of the copy of the complaint would should that in paragraph 3, the dat...
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