Madhya Pradesh Court October 1991 Judgments
Sunil Kumar Grover Vs. Ku. Gunjan
Court: Madhya Pradesh
Decided on: Oct-30-1991
Reported in: II(1992)DMC154
P.N.S. Chauhan, J.1. Petitioner's wife Smt. Chand Grover is livingseparately from the petitioner with her parents along with her 7 years oldminor daughter Ku. Gunjan, the non-petitioner in this case. On 7.4.82 inproceedings Under Section 125 of the Code of Criminal Procedure, the petitionerwas ordered to pay a sum of Rs. 175/- per month for the maintenance of thenon-applicant. It appears that parties being affluent could afford the luxury ofprolonged litigation and that is how the matter was taken up to the SupremeCourt level where Non-Applicant's mother had filed affidavit claiming Rs.250/- per month for maintenance of Ku. Gunjan, but the S.L.P. No. 1111 of1984 was rejected on 18.2.86. On 16.9.85, the non-applicant made an application Under Section 127 of the Code of Criminal Procedure for enhancement of the amount of compensation. In that Misc. Criminal Case No. 31 of 1985 of the Court of Judicial Magistrate, First Class, Khandwa, vide impugned order dated 12.8.87 the amount of maint...
Tag this Judgment!Rajni Vs. Shantilal
Court: Madhya Pradesh
Decided on: Oct-28-1991
Reported in: I(1992)DMC409
R.K. Verma, J.1. This in an appeal by the wife against the judgment dated 22.11 88 passed by the Vth Additional Judge to the Court of District Judge, Indore in Hindu Marriage Act Case No. 51/82 whereby the respondent husband's application for divorce under Section 13 of the Marriage Act has been allowed.2. The facts giving rise to this appeal briefly stated, are as follows : -- 'his admitted facts are that the parties were married at Jaipur on 3.3.1976 about five years before the filing of the application for divorce, but they are living separately since July, 1980. The husband-respondent filed the divorce petition on 15.6. 1981.'3. The case of the applicant husband is that after the marriage of the non-applicant wife came to the house of the applicant only two or three times and that she was not doing any house-hold work and was always saying that she was sick and that she used to go to her father's place at Jaipur after one or two months from the house of the applicant. The applicant...
Tag this Judgment!Jila Sahakari Kendriya Bank Vs. Labour Court and anr.
Court: Madhya Pradesh
Decided on: Oct-26-1991
Reported in: (1993)ILLJ18MP
1. By this petition under Article 227 of the Constitution of India, the petitioner seeks to challenge an order dated June 29, 1990 passed by respondent No. 1, thereby holding that respondent No. 2 was illegally removed from service and directing the petitioner-bank to pay him costs of Rs. 250.2. Respondent No.2 was appointed on probation for a period of six months as peon in the scale of pay of Rs. 75-2 1/2-90 EB-3-120 with clearness allowance and other allowance admissible in the bank, vide appointment order dated December 29, 1983, filed as Annexure P-1 to the petition. The period of probation was to commence from January 1, 1984. Even before this period of probation could expire, the petitioner-bank by order (Annexure P-2), dated April 20, 1984 (just within four months of the appointment), terminated his services on and from April 30, 1984, as not required.3. By another order dated June 21, 1984 (Annexure P-3) issued just the next day of the date of issuing the termination order, re...
Tag this Judgment!Rajendrakumar JaIn Vs. Sudha Jain
Court: Madhya Pradesh
Decided on: Oct-26-1991
Reported in: I(1992)DMC240
A.C. Qureshi, J.1. This order shall govern the disposal of C.R. No. 22 of 1990 and C R. No. 28 of 90 (Smt. Sudha Jain v. Rajenderakumar Jain) filed by the applicant and non-applicant in CS No. 38 of 88 (HMA) passed by the Court of Additional Judge to the Court of District Judge, Indore. On an application filed by the wife Smt. Sudha Jain under Section 24 of the Hindu Marriage Act directing the payment of maintenance allowance to the wife at the rate of Rs. 500/- per month from the date of passing of the order and Rs. 1000/- as expenses of the suit. The applicant in C.R. No. 22 of 90 is aggrieved by the rate at which the alimony pendente lite is granted, whereas the applicant in C.R. No 28 of 1990 is aggrieved by the order directing the payment of the alimony from the date of the order and not from the date of the application.2. The learned Counsel for the applicant Shri Sugandhi argues that the order impugned is contrary to the record of the case. From the evidence on Record it is mani...
Tag this Judgment!Arun Kumar Lath Vs. Regional Transport Authority
Court: Madhya Pradesh
Decided on: Oct-26-1991
Reported in: 1992(0)MPLJ1
ORDERB.C. Varma, Actg. C.J.1. After introduction of Chapter IV-A in the Motor Vehicles Act, 1939 the State of Madhya Pradesh published Scheme No. 89 under Section 68-C of that Act on 30-9-1983 which includes a portion of the route from Bilaspur to Korba via Katghora. The Scheme is still pending finalisation under Section 68-D of the Act. In view of Section 68-F(l-D), falling under that Chapter, no regular permits could be granted or renewed on this route. However, during the pendency of such a scheme, the needs of the travelling public are to be served by issue of temporary permits. The petitioner had been obtaining temporary permits on the route Bilaspur to Parsabhata including a distance of 3 Kilometers from Balco to Parsabhata not covered under the notified scheme, for a period of four months each. However, one of such applications for grant of temporary permits was rejected by the Regional Transport Authority by order dated 2-1-1989. The petitioner alleges that this has been done f...
Tag this Judgment!Ramdas Chourasia and ors. Vs. Vijay Kumar Pathak and ors.
Court: Madhya Pradesh
Decided on: Oct-26-1991
Reported in: 1992(0)MPLJ875
K.M. Agarwal, J.1. Twenty-one out of fifty-seven respondents in the writ petition have preferred this Letters Patent Appeal against the order passed on 26-4-1985 in Misc. Petition No. 305/78 by learned Single Judge of this Court. (Reported in 1986 MPLJ 347)2. Bikal Bihari Soni, Vijay Kumar Pathak and Mandla Zila Sahakari Kendriya Bank Karmachari Sangh, Mandla, filed a writ petition challenging the selection of respondents 5 to 57 in the writ petition to the posts of Managers for Tribal Service Co-operative Societies at village level made by the appellant No. 21 in pursuance of instructions issued on 25-2-1978 (Annexure R-2) by Registrar, Co-operative Societies, Madhya Pradesh. Bikal Bihari Soni was initially joined as respondent No. 1 in this Letters Patent Appeal but his name was struck out. Similarly the names of respondents 7 to 39 in this Letters Patent Appeal were also struck out, though they were parties to the writ petition as respondents. It appears that their names were struck...
Tag this Judgment!National Insurance Co. Ltd. Vs. Ashish and ors.
Court: Madhya Pradesh
Decided on: Oct-26-1991
Reported in: II(1992)ACC528; 1992ACJ532
T.N. Singh, J.1. Perused office note that respondent Nos. 4 and 5 could not be served. This appeal is against an order of interim compensation and it is conceded fairly by Mr. Malhotra that the order has been passed without hearing the owner and the driver while under Section 92-A of the Motor Vehicles Act, 1939, itself the order is to be passed against the 'owner' and the insurer is only required to meet the liability of the owner. Evidently, therefore, without hearing in this appeal the owner, Chunnilal Namdeo, impleaded as respondent No. 4, no order could be passed.2. On the other hand, I am fully satisfied that the impugned order cannot be maintained because without awaiting service on the owner and driver that order has been passed and that fact is mentioned in the order itself.3. For the short reason aforesaid the impugned order is set aside, but I direct, however, that the amount of Rs. 7,500/-deposited under this Court's order dated 30.7.1991 shall not be disbursed to any party...
Tag this Judgment!Smt. Urmila Vs. Kailash Prasad Tiwari and anr.
Court: Madhya Pradesh
Decided on: Oct-24-1991
Reported in: II(1992)DMC148
K.M. Agarwal, J.1. After obtaining tequisite leave, the complainanthas preferred this criminal appeal against an order of acquittal recorded infavour of the respondents in a complaint case for an offence Under Section 494,read with Section 190 IPC.2. It was alleged by the appellant that she was legally married wifeof the respondent No. 1. Two sons were born to her out of her marriagewith the respondent No. 1. In 1980, she was thrown out of the house. InJune 1981, the respondent No. 1 solemnized second marriage with the respondent No. 2. The respondent No. 2 had knowledge of the fact that the first marriage of the respondent No. 1 with the appellant was subsisting on the date of her marriage with the respondent No. 1. Accordingly both the respondents were alleged to have committed an offence Under Section 494,read with Section 109 IPC. The respondents denied their guilt. By itsimpugned order, the Court below was pleased to dismiss the complaint on theground that the appellant was not su...
Tag this Judgment!Dwarka Prasad S/O Bhikhlal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-24-1991
Reported in: 1992(0)MPLJ187
P.N.S. Chouhan, J.1. Halakram and three others were tried on charge of murder and allied offences in Sessions Trial No. 8/1981 by Additional Sessions Judge, Seoni, who while acquitting the accused vide judgment dated 30-3-1981 considered an application filed by the Govt. Advocate under Section 344 Criminal Procedure Code and directed appellants' prosecution for perjury on the ground that their exculpatory evidence during the trial being contradictory to their incriminating statements recorded under Section 164, Criminal Procedure Code, they had given false evidence either in the trial or before the magistrate who recorded their statement under Section 164 Criminal Procedure Code. Accordingly, they were summarily tried under Section 344, Criminal Procedure Code in Misc. Criminal Case No. 3/ 1985 and on conviction sentenced to 3 months R. I. each which is under challenge in this appeal.2. The impugned finding is assailed on the ground that under Section 344, Criminal Procedure Code, the ...
Tag this Judgment!Dwarka Prasad and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-24-1991
Reported in: 1992CriLJ2027
P.N. S. Chouhan, J.1. Halakram and three others were tried on charge of murder and allied offences in Sessions Trial No. 8/81 by Additional Sessions Judge, Seoni, who while acquitting the accused vide judgment dated 30-3-1981 considered an application filed by the Govt. Advocate Under Section 344 Criminal P.C. and directed appellants' prosecution for purjury on the ground that their exclupatory evidence during the trial being contradictory to their incriminating statements recorded Under Section 164 Cr. P.C. they had given false evidence either in the trial or before the magistrate who recorded their statement Under Section 164, Criminal P.C. Accordingly, they were summarily tried Under Section 344, Criminal P.C. in Misc. Criminal Case No. 3/85 and on conviction sentenced to 3 months R.I. each which is under challenge in this appeal.2. The impugned finding is assailed on the ground that Under Section 344, Criminal P.C. the judge was obliged to have come to a finding that the evidence g...
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