Madhya Pradesh Court February 1991 Judgments
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State of Madhya Pradesh Vs. Rikhiram S/O Kashaiya Patel
Court: Madhya Pradesh
Decided on: Feb-13-1991
Reported in: 1993(0)MPLJ316
ORDERS.K. Chawla, J. 1. The State has filed this revision against an Order of discharge passed by Sessions Court.2. The non-applicant Rikhiram Patel was at the material time Lecturer in High School in village Dhamdha of district Durg in Madhya Pradesh. He was committed to the Court of Session to stand his trial for the offence of murdering his wife Kamlabai. The Sessions Court however 'upon consideration of the record of the case and the documents submitted therewith', as contemplated by Section 227, Criminal Procedure Code, 1973, thought that there was no sufficient ground for proceeding against the non-applicant. Accordingly, the Sessions Court by Order dated 6-7-1984, discharged the non-applicant of the offence under Section 302, Indian Penal Code. Aggrieved by that Order, the State has filed this revision.3. At the stage of Sections 227/228, Criminal Procedure Code, 1973, the Sessions Judge has to find out, if the evidence which the prosecutor proposes to adduce, even if unrebutted...
Phoola Bai Joge Vs. Beero
Court: Madhya Pradesh
Decided on: Feb-11-1991
Reported in: 1991CriLJ3270; II(1991)DMC316; 1993(0)MPLJ257
S.K. Chawla, J.1. A woman claiming to be wife has brought this revision from .an order dismissing her application u/Sec. 125 Cr.P.C. for maintenance.2. It is not in controversy that applicant Phool Bai lived with non-applicant Beero in the latter's house in Nandini, Bhilai at least for 12 years or so. Some years back, Beero has brought another woman named Kamlawati alias Tulabai from whom he has also got a child. Applicant Phool Bai is childless.3. The case of the applicant was that she was legally married wife of son applicant Beero. She was beaten and forcibly turned out of the house by the non applicant in the year 1979, where after the applicant is living with her brother Chhabilal. She is unable to maintain herself.4. The defence of the non-applicant was that applicant Phool Bai was married to one Parthiba of village Kharpadar. She ran away from her husband and came to Bhilai in the year 1961. The applicant merely worked as a maid servant to scrub utensils at the house of the non-...
M.P.S.R.T.C. Vs. Rajasthan State Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: Feb-11-1991
Reported in: II(1991)ACC538
A.G. Qureshi, J.1. This appeal arises out of an award dated 8-12-1981 passed by the Second Motor Accidents Claims Tribunal, Indore in claim case No. 9 of 1979.2. The appellant filed an application under Section 110-A of the Motor Vehicles Act claiming an amount of Rs. 39,500.56 p. against the respondents on account of repair charges, loss of income and depreciation etc. The claim was based on the averment that on 8-7-1978 bus bearing registration number CPH-8135 belonging to the appellant was plying on Ujjain-Burhanpur road. Near village Bhorasala, on the aforesaid route bus bearing registration No. RRG-4023 owned by the respondent No. 1 and driven by respondent No. 2 overtook the bus of the appellant. When the bus approached near Bhorasala the respondent No. 2 without giving any signal or indication suddenly stopped the bus RRG-4023 in the middle of the road. Therefore, the bus of the appellant collided with the rear portion of the bus belonging to respondent No. 1 despite all attempt...
Chhogalal Vs. Shushil Chand
Court: Madhya Pradesh
Decided on: Feb-08-1991
Reported in: AIR1991MP326
Shacheendra Dwivedi, J.1. This appeal under Section 32 of the M.P. Accommodation Control Act, 1961, (for short, 'the Act1) is directed against the order of District Judge, Guna, whereby the appeal of the appellant was only partly allowed by modifying the amount of the standard rent fixing it at Rs. 42.55, per month, instead of Rs. 46.20 as fixed by the Rent Controlling Authority, Guna, (for short, 'Authority').2. Before the Authority, respondent/landlord filed an application for the fixation of standard rent of the suit premises, stating that appellant-non-applicant is a tenant at Rs. 26/-per month, in the suit-premises, since 11-4-1954. According to the landlord, the rent of the suit premises could be realised on 1-l-1948 at the rate of Rs. 25/- per month. The respondent landlord claimed increase at the rate of 70% on the rent as could be realised on 1-1-1948, with further increase of 10% of the house tax and prayer standard rent to be thus fixed at Rs. 46.90 per month.3. The appellan...
Union of India (Uoi) Vs. Smt. Vijay Sundari and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1991
Reported in: 1991ACJ770; AIR1991MP328; 1991(0)MPLJ784
T.N. Singh, J. 1. The appeal and thecross-appeal are referred u/Section 110-D, Motor Vehicles Act, 1939, for short, the Act. In their appeal (M.A. No. 48 of 1986), the claimants have prayed for enhancement of the compensation, while in the other appeal (M.A. No. 29 of 1986), the prayer is for setting aside the award in toto.2. Deceased Rameshwardayal Bajpai, a Daftary in the Office of the Accountant General, Madhya Pradesh, at Gwalior, was, admittedly, hit by jeep No. CPH 13, belonging to the Border Security Force, Tekanpur, The accident took place on 3-10-1983 at around 1-30 p.m. and in an unconscious stage, the deceased was removed from place of occurrence to the hospital where, on the same date, in the night, he breathed his last. He was carried to hospital in the same vehicle which had caused the accident and the defence is that the vehicle was not driven rashly and negligently.3. Two questions mainly, evidently, arise for decision in these two appeals. We would examine first, ther...
Buddiprakash Sharma Vs. Nagar Palika
Court: Madhya Pradesh
Decided on: Feb-08-1991
Reported in: 1991(0)MPLJ933
ORDERS.K. Dubey, J.1. This first appeal is by the plaintiff aggrieved of the judgment and decree of the trial Court (Court of Third Additional Judge to the Court of District Judge, Morena), whereby the suit of the plaintiff for recovery of Rs. 22,900/- was dismissed.2. The plaintiffs case, in short, is that defendant/Municipal Council, Jaura, by accepting two tenders dated 1-2-1974, and then by order of the Chief Municipal Officer, Jaura, contracted with the plaintiff to execute certain construction work. The agreement was entered into in respect of the two tenders but no agreement was entered into in relation to construction of seven roads, which was given to the plaintiff on 15-1-1975 for 6 roads, and on 22-1-1975 for one road. Part payments were made from running bills, but when after completion of works, the full payments were not made, the plaintiff after correspondence issued notices, the last of which is dated 14-11-1977. After receipt of the notice a cheque of final payment was...
Union of India (Uoi) Through B.S.F. Vs. Vijay Sundari and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1991
Reported in: 1(1992)ACC449
T.N. Singh, J.1. The appeal and the cross-appeal are preferred under Section 110-D, Motor Vehicles Act, 1939, (for short 'the Act'). In their appeal (M.A. No. 48 of 1986), the claimants have prayed for enhancement of the compensation, while in the other appeal (M.A. No. 29 of 1986), the prayer is for setting aside the award in toto.2. Deceased Rameshwardayal Bajpai, a daftary in the office of the Accountant General, Madhya Pradesh, at Gwalior, was admittedly hit by jeep No. CPC 13, belonging to the Border Security Force, Tekanpur. The accident book place on 3.10.1983 at around 1.30 p.m. and in an unconscious state, the deceased was removed from place of occurrence to the hospital where, on the same date, in the night, he breathed his last. He was carried to the hospital in the same vehicle which had caused the accident and the defence is that the vehicle was not driven rashly and negligently.3. Two questions mainly, evidently, arise for decision in these two appeals. We would examine f...
Bhilai Steel Plant, Bhilai Vs. Special Area Development Authority, Bhi ...
Court: Madhya Pradesh
Decided on: Feb-07-1991
Reported in: AIR1991MP332; 1991(0)MPLJ790
B.C. Verma, J.1. The petitioner, Steel Authority of India, Limited has set up a township for the residence of persons employed in the Bhilai Steel Plant as also for other allied aminities and facilities like schools, markets, hospitals, etc. This township is divided into several sectors. The buildings are owned by the petitioner. In the year 1964, the Madhya Pradesh State Legislature passed an Act known as the 'Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964 (No. 14 of 1964)' (hereinafter referred to as 'the Sampatti Kar Adhiniyam'), to apply to all 'urban areas' having population of 10,000 and above according to last census and included within the limits of a local authority and to any other area of commercial or industrial importance having population of ten thousand or above according to the last census. By notification dated 30th January, 1967 'Bhilai Nagar Industrial Township in Durg District' was declared 'urban area' of commercial and industrial importance as define...
Champalal Vs. Daryavbai and ors.
Court: Madhya Pradesh
Decided on: Feb-07-1991
Reported in: 1992ACJ160; [1992(65)FLR589]; (1993)ILLJ134MP
A.G. Qureshi, J.1. This miscellaneous appeal has been filed by the appellant aggrieved by the judgment passed by the court of Commissioner for Workmen's Compensation, Indore, (hereinafter called 'the lower court') in Case No. 540 W.C. Act/77/Fatal, dated September 21, 1981.2. The facts leading to this appeal, in short, are that the respondents had filed an application under Section 10 of the Workman's Compensation Act, 1923 for compensation for the death of Shankerlal from the present appellant Champalal on the ground that the deceased Shunkerlal died because of an accident arising out of and during the course of employment of the appellant on June 22, 1988. The deceased Shankerlal was a workman employed by the appellant for constructing a well. He was getting wages at the rate of Rs. 150/- per day. The respondents being heirs and dependents of the deceased are entitled to the compensation of Rs. 21,000/- from the appellant as per law.3. The appellant denied the fact that the deceased ...
Dr. Meena D/O M.G. Bathija Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-07-1991
Reported in: 1991(0)MPLJ675
ORDERS.K. Seth, J.1. The petitioner, Dr. Ku. Meena Bathija, had joined her first year of M.B.B.S. course in the Government Medical College, Jabalpur in 1983. The said college is affiliated to the Rani Durgawati Vishwavidyalaya, Jabalpur. The petitioner passed her final M.B.B.S. examination from the said college in April 1988. Thereafter, she obtained her full registration i.e. completed satisfactory one year of compulsory rotatory internship on 19-4-1989.2. After that, when a combined merit list of all institutional candidates who had passed their final examination from the said college and applied for House Jobs for the year 1989 was prepared by the Dean in accordance with the rules made for the purpose the petitioner's name found place at serial No. 18 in the said list she having secured 1966 marks out of 3200. As far as the department of Obstetrics and Gynaecology is concerned, there were in all eleven House Jobs available in the said discipline in the said college. Out of them, fou...
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