Madhya Pradesh Court October 1991 Judgments
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Shobha Sharma Vs. Ved Prakash Sharma
Court: Madhya Pradesh
Decided on: Oct-23-1991
Reported in: I(1992)DMC248
A.G. Qureshi, J.1. This revision petition has been filed against an order dated 9.1.1990 passed by the Fourth Addl. Judge to the Court of District Judge, Indore, in Hindu Marriage Case No. 37 of 89, whereby the application of the present applicant for awarding Rs. 2500/- as litigation expenses has been disallowed by the Court on the ground that as the applicant is already getting Rs. 180/- per month from June 1986 from the non-applicant husband, she is not entitled to get the litigation expenses in addition to the amount of maintenance which the is getting and which is being deducted from the salary of the husband.2. The learned Counsel for the applicant Shri O.U. Dubey states that the amount of maintenance cannot be a valid consideration for refusing to allow the litigation expenses. The Court has to arrive at an independent conclusion in respect of the litigation expenses in addition to the maintenance amount which may be awarded.3. On the other hand Shri O.P. Sharma states that the ...
Sanjay Kumar and anr. Vs. Munnalal and anr.
Court: Madhya Pradesh
Decided on: Oct-23-1991
Reported in: 1993ACJ869
T.N. Singh, J.1. Appellants are twosome and their appeal is not time-barred but still continues under M.M. No. 87 of 1982 because counsel who filed the appeal did not file also power. The appeal was not registered but in the mean time, the defect is cured as the power is on record since 18.9.1991. Office is directed to register it as a regular appeal.2. The two appellants lodged claim in M.A.C.T., Gwalior, claiming compensation for death on 23.4.1982 of Onkar Lal, who was driving the truck No. CPG 348. The deceased was father of the first appellant, minor aged 9 years and second appellant's husband.3. Admittedly, the vehicle was insured with respondent No. 2, National Insurance Co. Ltd. and it was owned by respondent No. 1, Munnalal. Their claim on the basis of liability for 'fault' has been dismissed and they have to remain satisfied under the impugned order with interim compensation awarded for 'no fault' liability.4. Mr. Malhotra, the learned counsel appearing for respondent No. 2, ...
Mst. Bitola and Two ors. Vs. Ram Jan Khan and 3 ors.
Court: Madhya Pradesh
Decided on: Oct-23-1991
Reported in: 1(1992)ACC682
ORDERK.L. Issrani, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the award dated 1.12.1980, passed by the Motor Accident Claims Tribunal, Satna, in Claim Case No. 7 of 1980, whereby the claim of the claimants/appellants has been rejected.2. According to the claimants, on 4.12.1976 at about 8 P.M the husband of the appellant No. 1 namely Sher Bahadur Singh, while going to attend his duties in Krishi Upaj Mandi, was struck down by truck No. M.P.B. 7399, which was being driven by its driver Ramjan Khan (respondent No. 1). The truck was owned by Mahendra Singh alias Pouja Singh (respondent No. 2) and it was insured with the National Insurance Corporation (respondent No. 3). Sher Bahadur Singh succumbed to the injuries in the hospital. At the time of his death, Sher Bahadur Singh was employed with Krishi Upaj Mandi and was drawing Rs. 150/- per month. He was aged 30 years only at the time of incident. He left behind him, the present appellants as his only lega...
National Insurance Co. Ltd. Vs. Shakuntalabai and ors.
Court: Madhya Pradesh
Decided on: Oct-22-1991
Reported in: 1992ACJ682
Qureshi and Jha, JJ.1. Aggrieved by the award passed by the First Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 6 of 1982, dated 30.8.1986 the insurance company has filed this appeal.2. The facts leading to this appeal, in short, are that the present non-applicant Nos. 1 to 5 filed an application under Section 110-A of the Motor Vehicles Act against the present applicant and others seeking compensation of Rs. 80,000/- on the ground that a motor truck bearing registration No. MPO 1543 owned by respondent No. 6 Joba Singh, driven by respondent No. 7 Shankar, whose name was deleted during the pendency of the appeal, and insured with the present appellant, dashed against one Laxminarayan who was going on his bicycle from Banganga to Polo Ground on the left side of the road in Indore. When he reached near the Gurudwara, the aforesaid truck No. MPO 1543 driven at a high speed and negligently by driver Shankar dashed against the deceased. Consequently Laxminarayan recei...
Harikishan Udaisingh and anr. Vs. Jaswant Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-21-1991
Reported in: 1992(0)MPLJ623
R.D. Shukla, J.1. This appeal is directed against the judgment and decree dated 9-12-1983 of Additional District Judge, Khurai, passed in Civil Appeal No. 12-A of 1982 (arising out of the judgment and decree dated 1-9-1982 of Civil Judge, Class I, Khurai), whereby, while reversing the decree of Trial Court, plaintiff's suit for specific performance of contract with respect to transfer of suit land, has been decreed.2. The brief history' of the case is that the plaintiff-respondent No. 1 filed a suit before the Trial Court on 30-10-1979, with the assertion that, defendant No. 1 Chatarsingh entered into an agreement of sale on 3-3-1979, regarding the land bearing Khasra No. 202/5, area 6 acres, situated in village Semraghat, for a consideration of Rs. 13,000/-. Rs. 3,000/- were paid by the plaintiff to defendant No. 1 Chatarsingh and rest of the amount i.e. Rs. 10,000/- was to be paid at the time of registration of the document. It was also agreed that the execution of the sale-deed woul...
Jagannath and ors. Vs. the State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Oct-21-1991
Reported in: 1992CriLJ1310
ORDERS.K. Dubey, J.1. The tenant/applicant No. 1 Jagannath and others, aggrieved of an order passed under Section 146(1), Criminal P. C., of attachment of the subject of the dispute, i.e. a shop, approached the revisional Court. The revisional Court upheld the order of attachment and directed to drop the proceedings under Section 145, Cr. P. C. Aggrieved of this order, the applicants have come under Section 482, Cr. P. C. for quashing of the order dt. 23-9-88 of Sessions Judge Datia passed in Cr. Revision No. 39/88 and order dt. 21-3-1988 passed in Case No. 13/145/88 by SLM, Datia.2. The relevant facts which are not in much dispute are :The applicant No. 1 alleges himself to be a tenant since last 30 years of the shop owned by non-applicant No. 2 Benibai, situated at No. 78, Ward No. 16, Richhra-Phatak, Datia, at the rate of Rs. 20/- per month. Benibai, non-applicant No. 2 lodged a report in the Police Kotwali that the applicants are trying to take possession of the shop by force, ther...
Ramraj Shukla Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-21-1991
Reported in: 1992CriLJ1223
R.D. Shukla, J.1. This appeal is directed against the judgment and order dt. 9-9-1985 of the Sessions Judge, Sidhi, passed in S.T. No. 18 of 1985 (arising out of the Committal Order dt. 5-1-1985 of Judicial Magistrate, First Class, Sidhi passed in Criminal Case No. 11/85), whereby the accused has been convicted under Section 304, Part II of the Penal Code and sentenced to rigorous imprisonment for five years.2. Brief history of the case is that police Naikin Rampur filed challan against the present appellant, his father Ramswaroop (since acquitted) and his brother Deoraj (whose case has been sent to Juvenile Court, he being minor on the date of incident), with the allegation that in furtherance of their common intention, they committed murder of Ramesh Kumar resident of village Amdad, P.S. Naikin on 23-10-1984 at about 6.00 p.m. in village Amdad, P.S. Naikin.3. It is alleged that the landed property Hazaria Bund was owned by the ancestors of deceased and the accused. On the date of inc...
Basant Kumar Shukla Vs. Komal Prasad and ors.
Court: Madhya Pradesh
Decided on: Oct-15-1991
Reported in: I(1992)DMC468
Gulab C. Gupta, J.1. This is an application under Section 439 (2) Cr. P.C. challenging legality of grant anticipatory bail to non-applicants 1 to 6. It is alleged that these non-applicants are not only, prima facie guilty of dowry dealt, but actual murder, and were not entitle to bail, much less, anticipatory bail. It is submitted that grant of anticipatory bail in such a heinous case amounts to misuse of the discretion vested in the Court and should not have been permitted.2. Non-applicant Komal Prasad was married to deceased Rekhabai about two years before. It is alleged that non-applicants 1 to 4 had been insisting that Rekhabai brings dowry from her parents, which she was not willing, as her parents were not in a position to pay the same. On 26.1.1991 Rekhabai had gone to Balaghat and stayed in the house of non-applicants 5 & 6 who are her maternal-uncle and aunt for the treatment of her son. She had reported to Police Station that her husband, father-in-law and mother-in-law were ...
Suneeta Vs. Rishabh Kumar Jain
Court: Madhya Pradesh
Decided on: Oct-11-1991
Reported in: I(1992)DMC255
K.M. Agarwal, J.1. Being aggrieved by dismissal of her petition for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act, 1955, (in short, the 'Act'), the wife has presented this appeal under Section 28 of the Act.2. It is not disputed that the appellant was married to the respondent on 15.2.1979, she conceived a child, but it was miscarried in September 1979 and she started living with her parents with effect from 1.10.1979. The respondent had filed a petition for divorce, which was dismissed on 7.7.1985 as he failed to produce his evidence. The appellant had also filed a petition for maintenance under Section 125 Cr. P.C. The present petition under Section 9 of the Act was filed on 13.11.1980 contending that without there being any reasonable cause, the appellant was forced to disassociate herself from the society of the respondent by persuading her parents to take her back on the pretext that after miscarriage, she had become weak and feeble. Usual allegati...
Suneeta Vs. Rishab Kumar Jain
Court: Madhya Pradesh
Decided on: Oct-11-1991
Reported in: I(1992)DMC366
K.M. Aggarwal, J.1. Being aggrieved by dismissal of her petition for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act, 1955, (in short, the 'Act)', the wife has presented this appeal under Section 28 of the Act.2. It is not disputed that the appellant was married to the respondent on 15.2 1979, she conceived a child, but it was miscarried in September, 1979 and she started living with her parents with effect from 1.10.1979. The respondent had filed a petition for divorce, which was dismissed on 7.6.1985 as he failed to produce his evidence. The appellant had also filed a petition for maintenance under Section 125 Cr. P.C. The present petition under Section 9 of the Act was filed on 13.11.1980 contending that without there being any reasonable cause, the appellant was forced to disassociate herself from the society of the respondent by parsuading her parents to take her back on the pretext that after miscarriage, she had become week and feeble. Usual allega...
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