Madhya Pradesh Court March 1991 Judgments
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Yashoda Sharma @ Yashoda Yadav Vs. Suryabali Yadav
Court: Madhya Pradesh
Decided on: Mar-05-1991
Reported in: I(1992)DMC263
B.M. Lal, J.1. Applicant Smt. Yashoda Sharma filed a matrimonial suit against her husband non-applicant Suryabali Yadav under Section 11 of the Hindu Marriage Act, hereinafter called the Act. She also filed an application for amendment of the plaint introducing that house bearing No. MIG-4 Bodabag Colony, Rewa is her property and her husband non-applicant Suryabali Yadav be restrained from interfering with her lawful possession. This application of amendment was rejected by the trial Court by the impugned order dated 4.10.986 holding that the proposed amendment changes the nature of the original suit as framed and filed under Section 11 of the Act.2. It appears that while passing the order, the trial Court has escaped the attention of the provisions of Section 27 of the Act. The provisions of Section 27 of the Act extends jurisdiction to the Matrimonial Court that in any proceedings under the Hindu Marriage Act, the Court may make such provisions as it deems just and proper with respec...
State of Madhya Pradesh Vs. Gyan Singh and anr.
Court: Madhya Pradesh
Decided on: Mar-05-1991
Reported in: 1991(0)MPLJ762
ORDERGulab C. Gupta, J.1. This is State's application Under Section 439(2), Criminal Procedure Code praying that bail granted to the non-applicants is not only illegal but also wholly unjustified and hence should be revoked and they be ordered to be sent to judicial custody pending trial.2. The non-applicants are accused of killing one Sardar Khan at a public bus stand on 6-1-1990 and were wanted by the police authorities at Saleha, Dist. Panna in connection with Crime No. 3/90 Under Sections 302, 120B, 147, 148 and 149, Indian Penal Code. They could not be arrested in spite of serious efforts by the police. Apprehending their arrest, they moved an application along with one Daddu Singh, Under Section 438, Criminal Procedure Code for anticipatory bail. On 16-2-1990, when the said application came up for hearing before the Sessions Judge, Panna, it was withdrawn by these applicants. The learned Sessions Judge granted bail to Daddu Singh. Order in so far as Daddu Singh is concerned is no...
State of M.P. Vs. Gyan Singh and anr.
Court: Madhya Pradesh
Decided on: Mar-05-1991
Reported in: 1992CriLJ192
ORDERGulab C. Gupta, J.1. This is State's application Under Section 439(2), Cr. P.C. praying that bail granted to the non-applicants is not only illegal but also wholly unjustified and hence should be revoked and they be ordered to be sent to judicial custody pending trial.2. The non-applicants are accused of killing one Sardar Khan at a public bus stand on 6-1-90 and were wanted by the police authorities at Saleha Dist. Panna in connection with Crime No. 3/90 under Sections 302, 120B, 147, 148 and 149, I.P.C. They could not be arrested in spite of serious efforts by the police. Apprehending their arrest, they moved an application along with one Daddu Singh, Under Section 438, Cr. P.C. for anticipatory bail. On 16-2-1990, when the said application came up for hearing before the Sessions Judge, Panna, it was withdrawn by these applicants. The learned Sessions Judge granted bail to Daddu Singh. Order in so far as Daddu Singh is concerned is not under challenge. It appears these applicant...
Bhagwan Singh Vs. Guddi and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1991
Reported in: II(1992)ACC487; 1992ACJ385
T.N. Singh, J.1. This order shall dispose Accordingly this order shall govern disposal of two appeals heard today analogously, of Misc. Appeal Nos. 10 and 11 of 1989.2. By the impugned order assailed in these two appeals, the Motor Accidents Claims Tribunal, Morena, has made liable jointly New India Assurance Co. Ltd., impleaded as respondent in both these appeals and the common appellant, Bhagwan Singh, in both appeals. It is submitted that two appeals are filed because originally two claim cases were registered, namely, Claim Case Nos. 20 and 21 of 1988, which were consolidated for analogous trial. Each of them is made liable to pay to the claimants, impleaded as respondents in both appeals, Rs. 7,500/- each to make up total entitlement of Rs. 15,000/- of the claimants of late Diwan. Admittedly, there was a collision between the two tractors and that accident resulted in death of one Diwan. True, it has to be finally decided if on account of rash and negligent driving of any of the t...
Ramsingh S/O Bherusingh Chouhan Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1991
Reported in: 1991(0)MPLJ835
ORDERR.K. Verma, J.1. This is a petition under Articles 226/227 of the Constitution of India by the petitioner challenging the order of the respondent No. 2, Director, Mandi dated 31-10-1988 whereby the petitioner has been removed from the membership of Krishi Upaj Mandi Samiti, Indore in exercise of powers Under Section 55(1) of the M. P. Krishi Upaj Mandi Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyam').2. The facts giving rise to this petition, briefly stated, are as follows :-The petitioner was elected as an agriculturist member of the Krishi Upaj Mandi Samiti (Market Committee), Indore, respondent No. 3 in September, 1985 and was also elected as Chaimran of the said Marketing Committee in November, 1985. The Market Committee, respondent No. 3 by resolution dated 10-2-1986, resolved to buy submersible pump for being installed in the tube well bore within the premises of the Sabji Mandi. In pursuance of the resolution Tenders of price quotations for purchase of the pump ...
Mukutsingh Sikarwar and ors. Vs. Moorti Shri Dwarkadhishji and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1991
Reported in: 1992(0)MPLJ273
ORDERT.N. Singh, J.1. Although it is an appeal challenging the order passed on 20-2-1990 by the trial Court purporting to act under Order 39, Rules 1 and 2, Civil Procedure Code, the contentions pressed assailing that order are of far-reaching effect. Maintainability of the suit itself is challenged in this appeal.2. Apparently, there are two sets of suitors vying with each other to obtain control and management of a place of worship. Admittedly, however, substantial property valued at several lakhs of rupees, according to plaintiffs own case, is the subject-matter of a Trust. At paragraph 2 of the plaint, the plaintiff/respondent has stated that by registered document executed on 28-11-1901, late Kanhaiyalal had entrusted the Mandir and the property attached thereto to five panchas. How the management of the temple continued thereafter or who were the subsequent trustees during the period of twenty years following death of the settlor is not clearly stated, but at para 4, there is sud...
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