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Madhya Pradesh Court February 1991 Judgments

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Feb 18 1991

Prahalad Pal Vs. Uttama

Court: Madhya Pradesh

Decided on: Feb-18-1991

Reported in: I(1992)DMC216

A.G. Qureshi, J.1. This revision petition is directed against the order dated 17.3.1990 passed by the Tenth Addl. Judge to the Court of District Judge, Indore in Hindu Marriage Case No. 177 of 89, whereby the learned Judge considering an application under Section 24 of the Hindu Marriage Act has passed the impugned order directing the applicant to pay Rs. 350/- per month to the non-applicant and Rs. 150/- per month for each of the two children, who are in the custody of the mother. Rupees five hundred has also been awarded for the expenses of the case.2. In a matrimonial proceeding, an application was filed on behalf of the non-applicant who is the wife of the applicant, under Section 24 of the Hindu Marriage Act, alleging that the present petitioner has rental income of. Rs. 300/- per month from a house in Manorama Ganj. He has also an amount of Rs. 50,000/- in his name deposited in the Punjab National Bank from which he gets interest. He also works in a Company in Manorama Ganj from ...


Feb 18 1991

Mohammed AmIn Vs. Dilip Singh Taluju and anr.

Court: Madhya Pradesh

Decided on: Feb-18-1991

Reported in: I(1992)DMC393

P.C. Pathak, J.1. The petitioner has filed this petition for issuance a writ of habeans corpus under Article 226 of the Constitution of India against the respondents on the allegations that Smt. Kamal Jeet Kaur & Amreen Begum is his legally married wife and is being illegally detained by respondent No. 1, her father, with a view to settle her marriage at some other place. It is also alleged that she is being tortured and is being threatened to divorce the petitioner and to undergo an abortion.2. The petitioner is a Mahomeden by birth. Kamal Jeet Kaur, aged about 25 years, is a Punjabi Hindu girl and daughter of respondent No. 1. The petitioner alleges that she became a Mahomeden by conversion and changed her Hindu name to a Muslim name, viz. Amreen Begum. On 7.7.1990, the petitioner married her at Sagar. The marriage was performed by Mufti of Sagar. Quazi Hafiz Mohammad issued a certificate of marriage (Annexure A). Thereafter, they lived for some days at Sagar and also performed marit...


Feb 18 1991

Diman Narayan Chamar Vs. Rajarani Wd/O Dharam Kumhar and ors.

Court: Madhya Pradesh

Decided on: Feb-18-1991

Reported in: 1991(0)MPLJ663

S.K. Dubey, J.1. This is a second appeal arising out of a suit instituted by plaintiff Dharam (since dead) for declaration of title, for restoration of possession and for mesne profits.2. The plaintiff averred in his plaint that by a Patta (Ext.P-2) the suit land bearing Survey No. 870/1, area 3 acres, 10 decimals, situated in village Semaha, Tahsil Bhander, was given to him by the Tahsil Court and since then he is continuing in possession; the revenue entries in respect of this land in the name of the defendant are collusive and convey no title to the defendant, on the fact of the Patta granted to the plaintiff; on the basis of the entry of the defendant in the revenue records, the defendants forcibly dispossessed the plaintiff. The appellant/defendant denied the plaint allegations and claimed his possession over 1 Bigha 10 Biswa of land since Samvat 2010 and also averred that the lease in favour of the plaintiff is a forgery. The trial Court after recording of evidence held that Ext....


Feb 18 1991

Dev Raj Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-18-1991

Reported in: 1991CriLJ2439

ORDERS.K. Chawla, J.1. By this revision the accused challenges his conviction and sentence under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, recorded by the trial Court and affirmed by the appellate Court.2. The prosecution case was that on 11-7-81 at about 7.45 a.m. applicant Devraj was carrying milk on a cycle contained in 2 cans, when Food Inspector Phiroz Khan (P.W. 1) stopped him near the Rest House at Khandwa. The Food Inspector purchased sample of milk from him measuring 660 ml. The sample was put into 3 glass bottles after adding prescribed quantity of formalin in each. The bottles were duly packed and sealed. One of the bottle was sent by the Food Inspector to Public Analyst, Bhopal for analysis. The Public Analyst vide his report, Ex. P-10, reported that the sample milk contained Fat 2.5% and SHP 5%. Milk was said to be buffalo milk. It was below standard and hence was adulterated. Both the Courts below accepted the prosecution...


Feb 16 1991

Om Prakash Vs. Smt. Krishna Bai

Court: Madhya Pradesh

Decided on: Feb-16-1991

Reported in: II(1991)DMC301

K.L. Issrani, J.1. This is an appeal under .Section 28 of the Hindu Marriage Act, 1955, against the judgment and decree dated 16.6.1988 passed by the Additional District Judge, Gadarwara (district Narsinghpur) in Civil Suit No. 14-A of 1983 granting divorce under Section 13 of the Act to the respondent wife.2. The parties were married in the year 1978 in village Deori tehsil Gadarwara, district Narsinghpur, according to Hindu rites of marriage. A petition was filed by the wife respondent under Section 13 of the Act on the ground of cruelty and desertion.3. The case of the respondent is that after marriage, the appellant heavily drunk filthily abused the respondent and her parents on account of dowry. She was beaten by the appellant. Not only that, the appellant alleged that she (the respondent wife) is not chaste. She was confined in her room Her brother Sumersingh came to take her away. At that time also the appellant took out a pistol and alleged that she (respondent wife) is unchast...


Feb 16 1991

Phulsingh Bhaguntsingh Lodhi Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-16-1991

Reported in: 1991(0)MPLJ956

ORDERS.K. Chawla, J.1. This order shall also govern the disposal of Criminal Revision No. 362/86. The applicant is common in both the revisions, who was convicted by the two Courts below of the offence Under Section 7(l)(d) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as P.C.R. Act) and sentenced to R.I. for three months and a fine of Rs. 500/-, in default to further imprisonment for one month for each offence committed with respect to different persons.2. The facts found by the Courts below may first be seen. Applicant Phulsingh, said to be aged about 60 years when the prosecutions were launched against him, is a Lodhi Thakur residing in village Somaralodhi, P. S. Malthoun, district Sagar. He is said to have threatened to overrun one Balla, a Chamar by paste, by his tractor and to kill him. When Balla went to report the matter to the police and was returning back on 29-6-1982, the applicant is said to have shouted at Balla by saying ^^pejk esjs fo:) fjiksVZ D;k...


Feb 16 1991

Phulsingh Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-16-1991

Reported in: 1991CriLJ2954

ORDERS.K. Chawla, J.1. This order shall also govern the disposal of Criminal Revision No. 362/ 86. The applicant is common in both the revisions, who was convicted by the two Courts below of the offence Under Section 7(1)(d) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as P.C.R. Act) and sentenced to R.I. for three months and a fine of Rs. 500/-, in default to further imprisonment for one month for each offence committed with respect to different persons.2. The facts found by the Courts below may first be seen. Applicant Phulsingh, said to be aged about 60 years when the prosecutions were lauched against him, is a Lodhi Thakur residing in village Semaralodhi, P. S. Malthoun, district Sagar. He is said to have threatened to overrun one Balla, a Chamar by caste, by his tractor and to kill him. When Balla went to report the matter to the police and was returning back on 29-6-82, the applicant is said to have shouted at Balla by saying ^^pejk esjs fo# fjiksZV D;ksad...


Feb 16 1991

New India Assurance Co. Ltd. Vs. Ashadevi and ors.

Court: Madhya Pradesh

Decided on: Feb-16-1991

Reported in: 1991ACJ649

S.K. Dubey, J.1. Counsel heard. This appeal is being disposed of finally at the admission stage itself.2. This is an appeal arising out of an interim award passed by the Motor Accidents Claims Tribunal, Datia (for short 'the Tribunal') under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act'). The grievance of the appellant is that the accident was not only denied by the appellant insurance company but by the owner of the vehicle also; therefore, the Tribunal ought to have held a summary enquiry before passing the interim award and that having not been done, the interim award passed is without any jurisdiction.3. After hearing counsel and Mr. Arun Mishra, counsel for the respondents/claimants, I am of the opinion that the contention of the counsel for the appellant has no merit. The record of the Tribunal shows that the claimants for seeking the relief under Section 140 of the Act not only filed certified copy of the 'challan' against the driver of the vehicle involved in...


Feb 14 1991

K.M. Nizam and anr. Vs. Union Bank of India and ors.

Court: Madhya Pradesh

Decided on: Feb-14-1991

Reported in: 1991(0)MPLJ669

ORDERK.L. Issrani, J.1. This is an appeal under Order 43, Rule l(na) of the Code of Civil Procedure against an order dated 23-8-1990 passed by Shri R. C. Mishra, the Additional Judge to the Court of District Judge, Bhopal, in Civil Suit No. 61-B of 1984 (pending), rejecting the applications of the appellants for filing counter claims in forma pauperis.2. The facts of this case are that the respondent No. 1 Union Bank of India filed a suit against the appellants for recovery of Rs. 1,70,392.62 P. The appellants, in their written statement, made a counter claim to the extent of Rs. 63,55,834.00 and prayed for a decree for the same after deducting whatever is found due to the plaintiff on account of advances made by it. In paragraph 26 of written statement, the defendant No. 2 i.e. the appellant No. 1 claimed exemption from payment of Court-fees in view of the Notification F.No.9-l-83/B-XXI, dated 1-4-1983. The appellant No. 1 pleaded that he is proprietor of the appellant No. 2 the firm ...


Feb 14 1991

Heeraman Shri Bahadur Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-14-1991

Reported in: 1992(0)MPLJ267

S.K. Chawla, J.1. Appellant Heeraman by this appeal challenges his conviction under Section 302, Indian Penal Code and sentence of imprisonment for life.2. Appellant Heeraman was earning his living by begging. He lived in village Ghisi with his two wives Taribai and Ramkalibai. Taribai was younger while Ramkalibai his elder wife. The appellant has also a son named Amin (P.W.-5), aged about 5 years, from his younger wife Taribai. Taribai is dead.3. The prosecution story briefly stated was that appellant Heeraman was addicted to liquor and gambling. There was a festival called Jyuti festival on 28 July 1984. On that day the appellant was seen wandering in his village Ghisi in a drunken condition. He had also gambled at the house of Bhupat (P.W.-8) of his village on that day. He had returned to his house at about 10.00 in the night His brother-in-law Brijlal (P.W.-2) belonging to a different village was waiting for him at the house. The appellant, in the presence of Brijlal, quarrelled wi...


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