Madhya Pradesh Court March 1991 Judgments
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Kashiram and ors. Vs. Smt. Sonvati and anr.
Court: Madhya Pradesh
Decided on: Mar-20-1991
Reported in: 1992CriLJ760
ORDERR.D. Shukla, J.1. This revision has been filed against the judgment and order dated 4-4-1985 of Additional Sessions Judge, Balaghat, passed in Criminal Appeal No. 26 of 1984 (arising out of the judgment and order dated 28-7-1984 of judicial Magistrate First Class, Baihar, passed in Criminal Case No. 430 of 1983), whereby conviction of the applicant No. 1 under Section 494 of I.P.C and sentence of rigorous imprisonment for two years and fine of Rs. 2,000/-, in default rigorous imprisonment for 1 1/2 years; and conviction of applicants Nos. 2 and 3 under Section 494 read with Section 109, I.P.C. and sentence of rigorous imprisonment for six months and fine of Rs. 1,000/- in default rigorous imprisonment for six months each, has been affirmed.2. The brief history of the case in that the non-applicant Sonvati, claiming herself t be the lawfully married wife of the applicant No. 1 Kashiram, filed a complaint on 31-1-1983, with the allegations that she was married to accused-applicant N...
Gopaldas S/O Motilal and ors. Vs. Municipal Corporation and anr.
Court: Madhya Pradesh
Decided on: Mar-19-1991
Reported in: 1991(0)MPLJ654
R.C. Lahoti, J.1. The plaintiff/appellants have come up in appeal aggrieved by the judgments and decrees of the Courts below dismissing their suit for specific performance of a contract for sale.2. The case of the plaintiffs is that their predecessors-in-interest namely late Shri Motilal and late Shri Prahlad Das had applied for purchase of a piece of land from the then Municipality of Gwalior in the year 1948. The Municipal Council resolved in favour of the prospective purchasers requiring them to deposit Rs. 58-6 Annas, which was done. The property was under litigation at that time. When the litigation was over and demand was made for executing the sale-deed, the municipality took up the plea that the land was Nazul land, the ownership vesting in the State, and hence the municipality was not competent to execute the deed of sale.3. On suit being filed, the defendant municipality did not file any written statement but the case was contested by the State Government. It was submitted th...
Mahmooda Bi Wd/O Mustafa Beg Vs. Sheikh Gafoor and ors.
Court: Madhya Pradesh
Decided on: Mar-18-1991
Reported in: 1991(0)MPLJ774
ORDERK.L. Issrani, J.1. This is a revision-petition against the order dated 5-7-1990, passed by Shri R. K. Shrivastava, District Judge, Hoshangabad, in Civil Suit No. 27-A of 1989 rejecting the application to sue as forma pauperis based on the Government Notification.2. The applicant-plaintiff filed a suit claiming partition and separate possession of her one-fifth share in the suit house, situated at Balaganj Mohalla, Hoshangabad and for mesne profits Rs. 23,310/- and further profits pendente lite and future. For the purpose of Court-fee and jurisdiction, the Court-fee was payable on market value of the suit house valued at Rs. 2,70,000/-. Since the applicant claimed one-fifth interest, the Court-fees was payable for her share on Rs. 54,000/- in the house and also at mesne profits on Rs. 23,310/-. The Court-fee on which was payable comes to Rs. 6,530/- in accordance with Article 1-A of the Schedule-I of the Court-Fees Act with table of ad valorem Court-fee appended thereto. The plaint...
Dropti Bai Vs. Gopal Prasad and anr.
Court: Madhya Pradesh
Decided on: Mar-16-1991
Reported in: II(1991)DMC462
S.K. Chawla, J.1. This is a mother's petition for a writ of habeas corpus to secure the production and custody of her infant son from the alleged unlawful custody of the infant's father.2. It is not in controversy that respondent No. I Gopal Prasad and petitioner Dropti Bai are husband and wife and that 3 children were born of their union. The eldest child was Ashish Kumar, who is dead. The second child is named Satish Kumar, aged about 7 years. The youngest child is a daughter by name Sonam, whose age is not given in the petition, but was stated to be about 3 years in the course of arguments advanced before this Court. It is also not in controversy that petitioner Dropti Bai is living away from her husband, in her maternal house for the past some years. The daughter Sonam is also living with the mother.3. The case of the petitioner is that she was assulted and turned out of matrimonial home by her husband, respondent No. 1 Gopal Prasad, on 22/6/1981. The further case of the petitioner...
Badri Prasad Baldev Prasad Vs. Aerofil Paper Ltd. Industrial Area, Ban ...
Court: Madhya Pradesh
Decided on: Mar-15-1991
Reported in: AIR1992MP137; 1992(0)MPLJ668
ORDERR.C. Lahoti, J.1. The plaintiff/petitioner is aggrieved by an order of the trial Court staying the proceedings in a suit filed by the petitioner against the non-petitioner on account of the latter having been declared a relief undertaking within the meaing of Sections 2(3) and 3 of the M. P. Sahayata Upkram (Vishesh Upabandh) Adniniyam, 1978 (hereinafter referred to as the Act).2. It is not disputed that the non-petitioner industry has been declared a relief-undertaking u/Section 3 of the Act. Notification dated 8-6-1990 to that effect has been filed before the trial Court. The plaintiff/petitioner who is a mercantile firm has filed a suit for recovery of the price of the goods supplied by it to the non-petitioner.3. Section 6 of the Act reads as under:'Suspension of suits or other legal proceedings against relief undertaking.-- As from the date specified in the notification under Sub-section (1) of Section 3, no suit or other legal proceedings shall be instituted or commenced or,...
Badrilal Vs. Kamlabai and anr.
Court: Madhya Pradesh
Decided on: Mar-15-1991
Reported in: [1993]76CompCas34(MP)
A.G. Qureshi, J. 1. This appeal has been filed against the award dated December 21, 1989, passed by the Member, Motor Accidents Claims Tribunal, Mandsaur, in Motor Accidents Claim Case No. 55 of 1987, whereby the learned lower Tribunal has awarded Rs. 13,300 as compensation to the appellant with interest, but has absolved respondent No. 2, the insurance company, from the liability to pay the compensation. 2. The facts leading to this appeal, in short, are that the appellant-claimant filed a claim petition before the lower Tribunal claiming Rs. 50,000 as compensation against the respondents on the allegation that, on 30th May, 1985, at 9.30 a.m. bus number CPF 9233 owned by respondent No. 1 and driven by the driver, Manju Khan, rashly and negligently dashed against the claimant causing injuries to him due to which the appellant has become permanently disabled. Therefore, the claimant claimed compensation of Rs. 50,000 under different heads. 3. Respondent No. 1 resisted the claim on the ...
Mahrunnisha Begum Vs. Radhey Shyam and ors.
Court: Madhya Pradesh
Decided on: Mar-15-1991
Reported in: 1993(0)MPLJ391
K.L. Issrani, J. 1. This is a second appeal against the Judgment and decree dated 12-7-1988, passed by the Additional Judge to the Court of District Judge, Rajnandgaon, in Civil Appeal No. 8-A of 1984, arising out of the Judgment and decree dated 5-5-1983, passed by the Second Civil Judge Class II, Rajnandgaon, in Civil Suit No. 68-A of 1980.2. The appellant/plaintiff had filed a civil suit for ejectment against and original tenant Jeetmal amongst other grounds under Section 12(1)(a) and (e) of M. P. Accommodation Control Act, 1961 (hereinafter called the 'Act'). The case of the appellant/plaintiff was that though she is required to live at Bhilai on account of service of her husband, her husband is not able to get allotment of any accommodation at Bhilai. She, therefore, wants to reside in her own house at Rajnandgaon, wherefrom her husband will up down for service at Bhilai. She also claimed arrears of rent at Rs. 25/- per month from July, 1979.3. In defence, the defendant denied the...
Rajkumar Gajadhar Prasad Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Mar-13-1991
Reported in: 1992(0)MPLJ298
T.N. Singh, J.1. The short question that arises in this appeal is on the interpretation of Section 31(1-A) of M. P. Excise Act, 1915, which I quote : -'(1-A) Before making an order cancelling or suspending a licence, permit or pass under sub-section (1), the authority aforesaid shall record in writing the reasons for the proposed action, furnish to the holder thereof a brief statement of the same and afford him a reasonable opportunity of being heard.'2. Plaintiff has appealed as his suit has been decreed in part only in which he had prayed that the recovery warrant issued against him for realisation of Rs. 34,539.50 be declared void. Trial Court has granted him partial relief and there is no appeal by the State. Admittedly, the warrant was issued for recovery from the plaintiff of kists of duty due payable by him under liquor licence issued to him along with the revenue loss which the defendant/State suffered on account of resale of two shops which had been settled with the plaintiff....
Dr. Pramod Jhavar and anr. Vs. the Director of Medical Education, M.P. ...
Court: Madhya Pradesh
Decided on: Mar-12-1991
Reported in: AIR1991MP269
V.S. Kokje, J.1. In this petition the petitioners have passed their M.B.B.S. Examination from the M.G.M. Medical College, Indore in 1988 and have completed their internship in the month of December, 1989. The petitioners are desirous of admission in the Course of Diploma in Turberculosis and Chest Diseases (D.T.C.D.). According to the petitioners three seats in the Diploma Course are available in Indore but only two house jobs in the concerned subject were available. They applied for house job in the said subject at Jawaharlal Nehru Hospital and Research Center, Bhilai Steel Plant, which according to them is an Institution recognized by the Medical Council of India and has four house job seats in the department of Turberculosis and Chest Deceases. The petitioner No. 1 has completed his house job on 27-12-1990 and the petitioner No. 2 has completed his house job on 30-12-1990. The petitioners had applied for admission to the D.T.C.D. Course in the M.G.M. Medical College, Indore. However...
State of Madhya Pradesh Vs. Chandrahas Keshav Prasad Dewangan
Court: Madhya Pradesh
Decided on: Mar-12-1991
Reported in: 1991(0)MPLJ779
ORDERP.C. Pathak, J.1. This is a reference made by III Additional Sessions Judge (III A.S.J. in short), Raipur, Under Section 395(2) of the Code of Criminal Procedure, 1974 (hereinafter called the 'Code').2. Police Station Bhatapara, in district Raipur arrested accused Chandrahas Dewangan for the offences Under Sections 307, 427, 435, 325 and 323, Indian Penal Code, committed on 27-3-1990, in village Maldi, district Raipur. He filed bail application No. 1025/90, Under Section 439 of the Code which was rejected on 23-6-1990 on merits by the Sessions Judge (Annexure-A). Meanwhile on commitment, the case against the accused was registered as S.T. No. 191/90 and by order dated 21-6-1990, it was allotted and transferred to the Court of III A.S.J. to try it in link-court at Baloda Bazar.3. On 24-7-1990, the accused again filed another bail-application No. 1211/90 Under Section 439 before the Sessions Judge, who by his order dated 1-8-1990, transferred it for disposal to the Court of III A.S....
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