Madhya Pradesh Court December 1991 Judgments
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Jai Bhawani Timber Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-07-1991
Reported in: AIR1992MP250; 1992(0)MPLJ423
D.M. Dharmadhikari, J. 1. Thepetitioners are all traders in timber. They were the highest successful bidders at the publicauction held on 25-6-91 of lots of timber detailed in the impugned notice (Annexure-A). The auction conditions are contained in the auction notice (Annexure-A). The petitioners had made initial deposits of earnest money of 10% of reserve price as per auction condition No. 1. They signed the bid-sheet as successful bidders in terms of auction condition No. 9 and had deposited 25% of the bid amount, as required by condition No. 2(a)(i). 2. The contention of the petitioners is that the sales of various timber lots, for which they had offered the highest bid, were complete. Hence he respondents who are the authorities in the Forest Department of the State of M.P., had no right to cancel the auction sales vide impugned communication dated 25-7-91 (Annexure-C) of the respondent -- D.F.O. directing refund of the prices paid by them and for taking steps to reauction the tim...
Paras Mal Vs. Saroj Kumari
Court: Madhya Pradesh
Decided on: Dec-03-1991
Reported in: II(1992)DMC132
V.S. Kokje, J.1. This is an application Under Section 482 of the Code ofCriminal Procedure (for short 'the Code') for transfer of M. Cr. C. No. 1/91pending in the Court of J.M.F.C. Petlawad, Dist: Jhabua to any other Courtoutside the Dist. Jhabua.2. Shri N.S. Purohit, learned Counsel for the applicant submits thatthe proceedings have been malafide started in the Court of J.M.F.C. Petlawad.It is submitted that the non-applicant No. 1. is the wife of the applicant,lodged a complaint against the applicant Under Section 498A IPC. A case wasregistered on this complaint in Ratlam. In that case applicant, his father andbrothers were arrested and were enlarged on bail by the C.J.M. Ratlam andthe mother and sister of the applicant had to obtain an anticipatory bail. ShriPurohit further submits that the applicant is engaged in a business at Bombayand as there was no accommodation for him to live with his wife in Bombay,they were residing at Ratalm. Shri Purohit, therefore, submits that it wouldb...
Ramachandra Narayan Khandalkar Vs. M.P. State Road Transport Corpn. an ...
Court: Madhya Pradesh
Decided on: Dec-02-1991
Reported in: (1993)ILLJ1184MP; 1992(0)MPLJ642
ORDERD.M. Dharmadhikari, J.1. This common order is being passed to dispose of a batch of petitions on an identical question in the following petitions:-1. M.P. No. 745 of 91, Lakhanlal v. M.P.S .R.T.C. and Anr. 2. M.P. No. 26/91, Phoolchand v. M.P.S.R.T.C. and Anr. 3. M.P. No. 29/91, Soniram v. M.P.S.R.T.C. and Anr. 4. M.P. No. 34/91, S.L. Shrivastavea v. M.P.S.R.T.C. and Anr. 5. M.P. No. 35/91, Vasudeo v. M.P.S.R.T.C. and Anr. 6. M.P. No. 92/91, Lokman v. M.P.S.R.T.C. and Anr. 7. M.P. No. 30/91, Ratiram v. M.P.S.R.T.C.and Anr. 8. M.P. No. 755/91, U.P. Shukla v. M.P.S. R.T.C. and Anr. 9. M.P. No. 757/91, S.A. Gaikwad v. M.P.S. R.T.C. and Anr. 10. M.P. No. 758/91, Bansodilal v. M.P.S. R.T.C. and Anr. 11. M.P. No. 32/91, Bhagwandas v. M.P.S. R.T.C. and Anr. 12. M.P. No. 361/91, Durga Pd. v. M.P.S. R.T.C. and Anr. 13. M.P. No. 497/91, K.K. Jawalkar v. M.P.S.R.T.C and Anr. 14. M.P. No. 497/91, Narayan Vithoba v. M.P.S.R.T.C. and Anr. 15. M.P. No. 2946/91, Bhagwandas Tiwari v. M.P.S.R.T.C. ...
Babu Lal Vs. Jamnabai and anr.
Court: Madhya Pradesh
Decided on: Dec-02-1991
Reported in: I(1992)DMC556
P.N.S. Chauhan, J.1. The applicant was married with the respondent in the year 1976. After sometime on account of ill treatment Jamnabai started living with his brother. Without applicant's marriage with the respondent being annulled he contracted second marriage in June, 1978 with Munni Bai On these facts the respondent initiated applicant's prosecution on charge of bigamy under Section 494 of the Indian Penal Code, which ended in applicant's conviction and sentence for one year's rigorous imprisonment, which in appeal No. 62 of 1986 of the Court of Sessions Judge. Seoni, was reduced to six months.2. In this revision this finding is challenged on the ground that there is absolutely no evidence to prove the alleged second marriage as per the Hindu rites. Reliance has been placed on Lingari Chulamma v. L. Venkata Reddy and Others (AIR. 1979 S.C. 848. It is not possible to agree with this submission. in view of the candid statement of Kesri Prasad (P.W.1.) who claims to have presided ove...
Kishanlal and ors. Vs. Gayaram and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1991
Reported in: 1994(0)MPLJ365
R.C. Lahoti, J.1. The plaintiff/appellants have come up in appeal aggrieved by the judgment and decree of the lower appellate court dismissing their suit for declaration of title in reversal of the decree of the trial court which had decreed the suit.2. The plaintiff/appellants and the defendant/respondents, all the four are real brothers, being the sons of late Raghunath Prasad. The suit holding is situated in village Waman-Wazna, Tehsil Sabalgarh which, prior to the abolition of proprietary rights on 2-10-1951, formed part of Zamindari of late Raghunath Prasad. Raghunth Prasad expired on or about 10-7-1949, in any case before the abolition pf Zamindaris.3. The case of the plaintiffs was that Gayaram, defendant/respondent No. 1, had separated from his father during his life time and on the date of abolition of Zamindaris, the suit land was exclusively in possession of the plaintiffs and hence the rights in the land survived to them alone, to the exclusion of defendant No. 1 Gayaram, d...
Bhagwandas and anr. Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1991
Reported in: 1993ACJ257
R.K. Verma, J.1. This is an appeal filed by the owner and driver of the tractor bearing registration No. MFS 400 against the interim award dated 15.4.1991 made by the 1st Addl. Motor Accidents Claims Tribunal, Barwani, in Claim Case No. 15 of 1990 whereby the learned Tribunal has awarded Rs. 25,000/- to the claimants, Runibai and Bindu, respondent Nos. 2 and 3, on the principle of 'no fault liability' under Section 140 of the Motor Vehicles Act, 1988 hereinafter referred to as 'the Act') in respect of the death of the deceased Shantiram who being a passenger in the tractor died in the accident involving overturning of the tractor on Bijasan Road on 25.11.1989.2. The only question raised in this appeal by the appellants, owner and driver of the tractor, is that the amount of interim award had been directed to be paid by the appellants, owner and driver and not by the insurance company, respondent No. 1, with whom the tractor in question stood insured on the date of the accident. Accordi...
Bhagwandas and anr. Vs. New India Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1991
Reported in: 1(1992)ACC647
ORDERR.K. Varma, J.1. This is an appeal filed by the owner and driver of the tractor bearing Registration No. MFS-400 against the interim award dated 15.4.91 made by the Ist Addl. Motor Accident Claims Tribunal, Barwani in Claim Case No. 15/90 whereby the learned Tribunal has awarded Rs. 25,000/- to the claimants Runibai and Bindu respondents No.2 and 3 on the principle of 'No fault liability' under Section 140 of the Motor Vehicles Act, 1988 (herein-after referred to as 'the Act) in respect of the death of the deceased Shantiram who being a passenger in the tractor the in the accident involving overturning of the tractor on Bijasan Road on 25.11.89.2. The only question raised in this appeal by the appellant-owner and driver of the tractor is that the amount of interim award had been directed to be paid by the appellants owner and driver and not by the Insurance Company respondents No. 1 with whom, the tractor in question stood insured on the date of the accident. According to the cont...
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