Madhya Pradesh Court April 1991 Judgments
Kishandas Parsram Ahuja and anr. Vs. Bhagchand Dwarkadas Nagdev and or ...
Court: Madhya Pradesh
Decided on: Apr-30-1991
Reported in: AIR1991MP309
ORDER1. The applicants and non-applicants constituted a partnership styled as 'Kishanchand Bhagchand'. The non-applicants filed a suit bearing No. C.S. No. 18-A of 1982 for accounts of partnership. Applicants were defendants in that suit. They filed an application under Section 34 of the Arbitration Act praying for stay of proceedings in suit in view of a term in the contract agreement providing for settlement of disputes through arbitration. That application, however, was not prosecuted and was withdrawn. Consequently, the suit proceeded and is pending adjudication.2. The applicants then filed a separate application under Section 8(2) of the Arbitration Act for appointment of an arbitrator to settle the disputes arising out of the partnership agreement. That application was registered as C.S. No. 34-B of 1982. By the impugned order, dated 6-5-1987, the application has been rejected on the ground that the applicants withdrew their application under Section 34 of the Arbitration Act mad...
Tag this Judgment!Ram Singh S/O Sheodayal Singh Chhatriya and anr. Vs. Shri Rajiv Lochan ...
Court: Madhya Pradesh
Decided on: Apr-29-1991
Reported in: 1991(0)MPLJ863
R.D. Shukla, J.1. This appeal is directed against the judgment-and decree dated 13-8-1984 of First Additional District Judge, Raipur, passed in Civil Appeal No. 30-A of 1976, whereby, while setting aside the decree of the trial Court, the plaintiffs suit for declaration that Shri Kuleshwar Mahadeo Temple, Nawapara (Rajim) and its property vests in the Plaintiff-Committee (a Trust) has been decreed.2. The brief history of the case is that the plaintiff-respondent is a Public Trust and it filed a suit through its Working Trustee Mahant Laxminarayan Das on 29-1-1975 with the assertion that the plaintiff is a Public Trust registered under the M. P. Public Trusts Act, 1956. That, the temple of Kuleshwar Mahadeo is situated in a place where the three rivers, i.e. Mahanadi, Sodhu and Pairi, meet together. The temple and its properties are vested in the plaintiff-Committee, vide judgment passed in First Appeal No. 73 of 1920, on 12-4-1921, by the Court of Judicial Commissioner of Central Provi...
Tag this Judgment!New India Assurance Co. Ltd., Gwalior Vs. Nafis Begam and ors.
Court: Madhya Pradesh
Decided on: Apr-26-1991
Reported in: 1991ACJ960; AIR1991MP302; 1991(0)MPLJ700
D.M. Dharmadhikari, J. 1. The order passed by us in this revision shall govern the disposal of Miscellaneous Appeal No. 191 of 1990 (The New India Assurance Company Ltd. Gwalior v. Smt. Kasturibai w/o Late Shri Radheshyam Gautam and others) also.2. The learned single Judge (S.K. Dubey, J.) at the Gwalior Bench of this Court has referred the legal question involved for decision by a Full Bench in view of the cleavage of opinions between the two Division Bench decisions of this Court reported in the case of Karuram v. Omarakash, 1989 Acc CJ 941 : (AIR 1989 Madh Pra 105), (decided by P.D. Mulye and K.L. Shrivastava, JJ. of the Indore Bench) and the decision in the case of Indramani Makhriva v. General Manager M.P.S.R.T.C., 1990 Jab LJ 560 (decided by Division Bench consisting of Faizan Uddin and Y.B. Suryavanshi JJ. of the main seat at Jabalpur.3. The question also came up for consideration before a learned single Judge at the Gwalior Bench, namely, B.C. Lahoti J. on a difference of opini...
Tag this Judgment!Employees' State Insurance Corporation Vs. Swadesh Daily Newspaper
Court: Madhya Pradesh
Decided on: Apr-26-1991
Reported in: (1994)IIILLJ643MP; 1991(0)MPLJ914
ORDERT.N. Singh, J.1. Two appeals are linked up as the crucial question of law agitated in both appeals is a common question of general importance and indeed, the appellant in both appeals is also common. Counsel made oral submissions and written arguments are also filed. By this common order, both appeals are being disposed of.2. Facts in two appeals being little disparate those are being stated first clearly to avoid confusion. Respondent in M.A. No. 67 of 1984 is a vernacular Daily, published from Gwalior. The management of the Newspaper, hereinafter, the 'Employer' has raised a 'Dispute' in case No. 48/79 in Employees' Insurance Court, Gwalior, for short, E.I. Court, alleging that to the factory in which the newspaper was printed, the provisions of Employees' State Insurance Act, 1948, for short, the Act, did not apply inasmuch as power was not used in the manufacturing process and the number of workers employed on wages in the factory did not exceed the prescribed minimum of 20. T...
Tag this Judgment!New Indian Assurrance Co. Ltd. Vs. Nafis Begum and ors.
Court: Madhya Pradesh
Decided on: Apr-26-1991
Reported in: 1(1992)ACC281
D.M. Dharmadhikari, J.1. The order passed by us in this revision shall govern the disposal of Miscellaneous Appeal No, 191 of 1990 New India Assurance Co. Ltd. v. Kasturibai also. 2. The learned single Judge (S.K.Dubey, J.) at the Gwalior Bench of this Court has referred the legal question involved for decision by a Full Bench in view of the cleavage of opinions between the two Divisions Bench decision of this Court reported in the case of Karuram v. Omprakash 1989 ACJ 941 (MP) decided by P.D. Mulye and K.L. Shrivastava, JJ. of the Indore Bench and the decision in the case of Indramal Mukhriya v. General Manager, M.P.S.R.T.C. , decided by Division Bench consisting of Faizanuddin and Y.B. Suryavanshi, JJ. of the main seat at Jabalpur.3. The question also came up for consideration before a learned single Judge at the Gwalior Bench, Namely, R.C. Lahoti, J. on a difference of opinion between Dr. T.N. Singh, J. and K.K Verma, J. The third judge to whom the case was referred for resolving th...
Tag this Judgment!Balramprasad Patel Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-25-1991
Reported in: 1991(0)MPLJ904
S.D. Jha, J.1. This Second Appeal by the plaintiff-Government Servant - Balramprasad, was by order dated 24-4-1985 admitted for final hearing on the following substantial question of law : -'Whether, on the facts and circumstances of the case, the Court below has erred in not holding that the order Ex. P/l was passed by the Conservator of Forests violating the provisions of fundamental rules'?2. Facts material for decision of this appeal are that the plaintiff was posted as a forester at Para in District Jhabua, M.P. A departmental enquiry on certain charges was initiated against him and he was suspended on 11-9-1975 and dismissed from service on 28-2-1977. Plaintiff presented an appeal to the Conservator of Forests, Indore which was dismissed on 6-12-1977. The plaintiff then preferred review petition against the aforesaid order of the Conservator of Forests to the Chief Conservator of Forests, Bhopal, who by order under challenge, Ex. P/l, dated 6-12-1978 ordered as follows. (The orde...
Tag this Judgment!Kumar Prasad Alias Sunderlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-25-1991
Reported in: 1992(0)MPLJ512
S.K. Chawla, J.1. Appellant Kumar Prasad, aged 26 years, challenges his conviction under Section 302, Indian Penal Code for the offence of murder of his step-mother Dulari Bai and sentence of imprisonment for life imposed for that offence by Additional Sessions Judge, Raipur by judgment dated 4-7-1985.2. Appellant's father Chandrika Prasad (P.W.1) has two wives. The first wife named Deepa Bai was married to him about 20 to 25 years back. Chandrika Prasad (P.W.1) has 3 children from her, appellant being the eldest of them. After 7 to 8 years of the marriage, Deepa Bai is said to have gone insane and is living away from her husband in village Rasni. About 13 to 14 years back, Chandrika Prasad took a second wife namely deceased Dulari Bai, from whom he has 4 children. Deceased Dulari Bai with her children was living with her husband Chandrika Prasad in village Belsoda, Police Station Mahasamund, District Raipur. So far as appellant Kumar Prasad is concerned, he was living for the past 6 t...
Tag this Judgment!Bank of India Vs. Bhanwarilal Yadav
Court: Madhya Pradesh
Decided on: Apr-24-1991
Reported in: [1994]79CompCas470(MP)
R.K. Varma, J.1. This is an appeal by the plaintiff bank against the order dated September 11, 1989, passed by the Third Additional Judge to the Court of the District Judge, Shajapur, in Civil Suit No. 1B of 1986, whereby the learned lower court after trial of the suit, held that it had no jurisdiction to entertain the instant suit and as such ordered return of the plaint to the plaintiff for its representation in a court competent to try the suit.2. The facts giving rise to this appeal, briefly stated, are as follows :The plaintiff bank filed the instant suit for recovery of an amount of Rs. 40,751.20 due on the advance of loan to the defendant. The defendant has contested the suit and filed written statement and raised a contention, inter alia, that the learned lower court has no jurisdiction to try the suit since the property mortgaged as security for loan is situate in Rajgarh district and not in Shajapur District. The learned lower court framed an issue on the question of jurisdic...
Tag this Judgment!Municipal Corporation, Indore Vs. Bhanwarlal Punamchand Sharma (Parash ...
Court: Madhya Pradesh
Decided on: Apr-23-1991
Reported in: 1992(0)MPLJ659
ORDERA.G. Qureshi, J.1. This revision petition is directed against the order dated 1-9-87 passed by the Sixth Addl. District Judge, to the court of District Judge, Indore in Civil Misc. Appeal No. 126 of 86, whereby the learned Additional Judge, after partially allowing the appeal, the order of the Special Assessment Authority dated 25-6-86 was partly modified and the appellant was directed to pay tax on annual letting value of Rs. 15,690/ - at the rate of ten per cent, according to schedule. The Municipal Corporation Indore is aggrieved by the aforesaid order and has filed this revision.2. The learned counsel for the Corporation Shri Dhanji argues that reading the provisions of Section 136 of the M.P. Municipal Corporation Act, it is clear that under the aforesaid provision certain categories of buildings enumerated therein have been exempted from the levy of the property tax. According to Shri Dhanji if the exemption is from the levy of the tax the Municipal Corporation had rightly e...
Tag this Judgment!Sanjay Rana Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-23-1991
Reported in: 1992CriLJ254; 1992(0)MPLJ293
ORDERShacheendra Dwivedi, J.1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, invoking the inherent powers of this Court for expunging the remarks passed against the petitioner by Judicial Magistrate First Class, Gwalior in order dated 6-11-1980, in case No. 206/1989 (Criminal Original).2. Briefly stated facts of the case, in which the impugned remarks, which are sought to be expunged came to be passed, are that the then T.I. Police Station Bahodapur, viz., Mukesh Kumar Saxena made a raid and took search of Harisons Hotel situate at Gwalior. He found country made pistol and six cartridges lying underneath the pillow of Harilal. He also found that the said fire-arm and ammunition was without licence and therefore he seized the same. Later on, a challan was filed against said Harilal under Sections 25/27 of the Arms Act in the Court of Judicial Magistrate First Class, Gwalior. During the trial, the prosecution examined the panch-witnesses Hiralal ...
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