Madhya Pradesh Court January 1991 Judgments
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National Insurance Co. Ltd. Vs. Rameshchandra and ors.
Court: Madhya Pradesh
Decided on: Jan-24-1991
Reported in: [1992]75CompCas671(MP)
A.G. Qureshi, J.1. This miscellaneous appeal has been filed ten days beyond the prescribed period of limitation and, for condonation of delay, an application under Section 5 of the Limitation Act has been filed on behalf of the appellant. The grounds on which the delay is sought to be condoned is that, because of the outbreak of communal riots in the city of Indore and consequent imposition of curfew, the movement of the file from Ujjain to Indore was delayed and, even during the partial relaxation of the curfew, the file could not be attended to because of a mass of papers and workload in the office of the appellant-company. The specific dates on which the curfew was imposed and the dates on which it was relaxed have not been mentioned in the application and they have not been so stated in the affidavit also. It has also been stated that, despite the relaxation of curfew, the appeal could not be filed because of the workload in the office of the company. However, it has not been state...
Chimanlal Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-24-1991
Reported in: (1993)IILLJ219MP; 1992(0)MPLJ169
S.K. Dubey, J.1. This is a second appeal by a dismissed employee which has seen the light of the day today in the year 1991.2. I need not deal with the facts of this case in details. Indisputably, the appellant was a work charged employee, a mason, getting a consolidated pay, which is evident from the service book (Ext. P.2). From this document it is clear that the appellant was employed in the year 1959 and his services were terminated in the year 1972. During this period he earned his leave also which was sanctioned from time to time. Because of the act and omissions amounting to misconduct the appellant was dismissed on January 29, 1972, but vide Ext. P.8 dated March 17, 1972 the Assistant Engineer, PWD (B and R), Headquarters Sub-Division No. 2, Gwalior, informed the appellant/plaintiff to apologise in writing but that was not done, on February 10, 1972 the plaintiff tendered an apology, which was not accepted by the Executive Engineer, as in that the plaintiff did not apologise as...
Ramcharanlal Sharma and anr. Vs. Smt. Vinod Shrivastava and anr.
Court: Madhya Pradesh
Decided on: Jan-23-1991
Reported in: 1992(0)MPLJ526
T.N. Singh, J.1. This appeal has been heard in instalments. Hearing concluded on 8-1-1991, but on the earlier dated, 13-12-1990, while making submission on merits and assailing seriously the validity of the impugned judgment and decree on grounds of 'limitation' and 'maintainability', an offer was made on behalf of appellant to the plaintiff/respondent to settle the matter amicably. To enable her, who was present in Court, to consider the offer, further hearing was adjourned.2. In discharge of my constitutional duty, I warned counsel and parties present in Court that for settling personal scores for hurt ego to anybody, this Court cannot be a forum. Therefore, without anticipating decision on merits, they should endeavour honestly and sincerely to reach an amicable settlement without Court's intervention inasmuch as concepts of compassion and sympathy in deciding a legal dispute are unknown to Courts. Justice has to be administered according to law in Courts as the Judges swear to upho...
Surendra Sohane and ors. Vs. Dr. Hari Singh Gour Vishwavidyalaya, Saga ...
Court: Madhya Pradesh
Decided on: Jan-22-1991
Reported in: AIR1991MP312; 1991(0)MPLJ489
S.K. Jha, C.J. 1. The three petitioners, amongst others, were elected under the provisions of Group C of Section 20(1) of the M.P. Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as the Act), on 14-4-88 which is borne out by Annexure P-4 to the petition. Some more persons were declared duly elected under the provisions of Clause (xix) of Section 20(1) of the Act read with statute No. 23 framed thereunder for Dr. Hari Singh Gour Vishwavidyalaya, Sagar. Some other members were declared elected under Group B of Section 20(1) of the Act read with Statute No. 25. This is borne out by Annexure P-5.2. It is better to state at the outset that the facts in this case are not in controversy. It is only the question of interpretation of certain statutory provisions which is involved in this petition.3. Section 20(1) begins to read as follows:'The Court shall consist of the following persons, namely.........'It is not necessary to reproduce all the remaining provisions of Sub-section (1), ...
State of Madhya Pradesh Vs. Nanhelal S/O Gorelal
Court: Madhya Pradesh
Decided on: Jan-15-1991
Reported in: 1993(0)MPLJ345
P.N.S. Chouhan, J. 1. The appellant runs a Kirana shop at village Sukri, Police Station Bargi. district Jabalpur. On 1-2-1980, Food Inspector. Barela, district Jabalpur, obtained sample of jaggery from his shop which on examination by Public Analyst was found to be adulterated. Therefore, the appellant was convicted under Section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter called the Act) and sentenced to 6 months' rigorous imprisonment and a fine of Rs. 1,000/-. He was also convicted for selling 'namkin' without licence with which we are not concerned as the said conviction has not been challenged in this appeal. On appeal, the learned Second Additional Sessions Judge, Jabalpur set aside appellant's conviction under Section 16(1)(a)(i) of the said Act and acquitted him. which has been challenged in this appeal by the State.2. The sole ground of acquittal is non-compliance of Section 11(3) of the said Act by the Food Inspector. This provision requires the Food...
State of Madhya Pradesh Vs. Nanhelal
Court: Madhya Pradesh
Decided on: Jan-15-1991
Reported in: 1992CriLJ257
P.N.S. Chouhan, J.1. The appellant runs a kirana shop at village Sukri, police station Bargi, district Jabalpur. On 1-2-1980, Food Inspector, Barela, District Jabalpur, obtained sample of jaggery from his shop which on examination by Public Analyst was found to be adulterated. Therefore, the appellant was convicted under Section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter called 'the Act') and sentenced to 6 months rigorous imprisonment and a fine of Rs. 1,000/-. He was also convicted for selling 'nankin' without licence with which we are not concerned as the said conviction has not been challenged in this appeal. On appeal, the learned Second Additional Sessions Judge, Jabalpur set aside appellant's conviction under Section 16(1)(a)(i) of the said Act and acquitted him, which has been challenged in this appeal by the State.2. The sole ground of acquittal is non-compliance of section 11(3) of the said Act by the Food Inspector. This provision requires the Food...
Jarnail Kaur Vs. Pepsu Road Transport Corporation and ors.
Court: Madhya Pradesh
Decided on: Jan-15-1991
Reported in: II(1991)ACC82
J.V. Gupta, C.J.1. This is claimants' Letters Patent Appeal, whose claim has been rejected by both the courts below on the ground that the accident has been caused due to the negligence of the deceased.2. The accident took place on 14.1.1973 at about 3.45 p.m.Capt. Isher Pritpal Singh while coming on a Scooter met with an accident with P.R.T.C. Bus No. PUP-2807 when he came to the Sangrur-Samana Road. He died few hours later on account of the injuries received by him in the said accident. The claim application was filed on behalf of his widow-Jarnail Kaur and his three Children. The learned Tribunal after appreciating the entire evidence came to the conclusion that thus, from the evidence brought on the record, coupled with the circumstances and the manner in which the accident took place, it is clear that the accident had not taken place, due to the rash and negligent driving of Ranjit Singh, bus driver but that accident took place due to the driving of the scooter by Ishar Pritpal Si...
Rajendra Sharma Vs. Smt. Neeta Sharma
Court: Madhya Pradesh
Decided on: Jan-11-1991
Reported in: I(1992)DMC222
K.M. Agarwal, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, the 'Act') by the husband against dismissal of his petition for divorce under Section 13 of the Act.2. It is not disputed that on 26.3.1983 the appellant was married with the respondent. They have two daughters out of their wedlock. The appellant filed a petition for divorce on the ground of cruelty. The respondent resisted the petition by denying the allegations made against her. The petition was dismissed by the Court below. Being aggrieved, the husband has perferred this first appeal under Section 28 of the Act.3. On 3.1.1991, the learned Counsel for the parties were heard and at their request they were permitted to file written arguments on or before 5.1.1991. On 5.1.1991 an application was made for extending the time till 7.1.1991 for the purpose of filing written arguments. Although no orders were made on this application for extension of time, written arguments were filed in the Cour...
Bhagwantsingh and anr. Vs. Smt. Ram Pyari Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1991
Reported in: I(1992)ACC92; 1991ACJ1115
D.M. Dharmadhaikari, J. 1. This is an appeal by the owner of the Motor Vehicle and the Insurance Company against the award of the Claims Tribunal, Raisen, dated 10-9-1984 in favour of the respondents Nos. 1 to 5, who are dependents of deceased Hariram, who died on 6-9-1974. The only admitted facts are that on 6-9-1974 at the place of occurrence of the accident the deceased Hariram was found dead with his bicycle lying near his body and truck No. MFC 3501 was lying in a dashed condition against the road-side tree.2. The only evidence regarding the accident is of Harlal (A. W. 2), who stated that the deceased was working as labourer with the same contractor with whom he was working and had received the news of accident. On receiving the news of the accident he rushed to the spot and found deceased Hariram lying dead with a fractured leg and the truck lying nearby in a dashed condition against a roadside tree. The Claims Tribunal allowed the claim of the dependents of Hariram and taking i...
Madanlal Gupta Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-09-1991
Reported in: 1991(0)MPLJ901
ORDERT.N. Singh, J.1. The order impugned is dated 20-9-1989 passed by learned District Judge, Shivpuri, rejecting an application made Under Section 152, Civil Procedure Code. The applicant has petitioned this Court Under Section 115, Civil Procedure Code being aggrieved by the order rejecting his contention that the decree ought to have to be corrected as there was an accidental slip due to which the counsel's fee was typed as Rs. 500/-. It is contended that the trial Court is supposed to act in accordance with law and counsel's fee is supposed to be fixed as Rs. 5,000/-, as contemplated under the law, the suit being valued at Rs. 5 Lakhs. Through mistake there was an accidental slip as a result of which only two zeros were typed after the figure '5' and third zero was missed.2. Shri P. D. Agarwal, Panel Lawyer, has opposed seriously and vehemently the revisionist's plea, who is none else than Government Advocate, who had appeared for defendant, State of Madhya Pradesh, in Civil Suit N...
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