Madhya Pradesh Court April 1991 Judgments
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Sardar Deorao Jadhav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-11-1991
Reported in: AIR1991MP247; 1991(0)MPLJ562
T.N. Singh, J. 1. This Reference is made on 3-7-1981 by the Board of Revenue, Madhya Pradesh, Gwalior, for short, the 'Board', under Section 57(1), Indian Stamp Act, 1899, for short, the 'Act'. With the Reference is annexed as Annexure 'A', copy of the Revision Petition, preferred under Section 56 of the Act by Sardar Deorao Jadhav, to the Board against order dated 27-9-1977, passed by Collector of Stamps, Gwalior. Copy of the document which was presented to Sub-Registrar, Gwalior, for registration and in respect of which, the payment was required to be made by the petitioner, namely, Rs. 7,320/- as deficient stamp fee, came as Annexure 'B' to the Reference.2. Although in the Statement of the case, the Board observed that it was in full agreement with the view expressed by the Collector of Stamps and also by the Sub-Registrar, expressed in his report that the document in question attracted Article 58 of Schedule I of the Act and it was not covered by Article 64, following this Court's ...
Rewachand S/O Udharam Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-10-1991
Reported in: 1991(0)MPLJ828
ORDERK.L. Issrani, J.1. This is a revision petition against the order passed by the Sub-Divisional Magistrate, Katni, in Miscellaneous Criminal Case No. 130 of 1991 (Rewachand son of Sadrangmal v. Rewachand son of Udharam Sindhi) passed on 11-2-1991, by which procedings Under Section 145 of the Code of Criminal Procedure were started and after passing a preliminary order of attachment, the case is fixed for evidence of the parties. Without filing criminal revision before the Sessions, Court it has been filed before this Court.2. Admittedly, the shop in dispute belongs to the Municipal Corporation, Katni and the non-applicant No. 2 Rewachand son of Sadrangmal is the lessee of the Municipal Corporation, Katni. On 8-11-1985, one Mohandas son of Shri Meghraj, Rewachand son of Sadrangmal and Rewachand Lohani (the applicant) executed a deed of partnership, which was for a fixed period of five years.3. Thereafter, it is alleged by the applicant that on 22-11-1985, the non-applicant No. 2 deli...
Rewachand Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-10-1991
Reported in: 1992CriLJ278
ORDERK.L. Issrani, J.1. This is a revision petition against the order passed by the Sub-Divisional Magistrate, Katni, in Miscellaneous Criminal Case No. 130 of 1991 (Rewachand son of Sadrangmal v. Rewachand son of Udharam Sindhi), passed on 11-12-1991, by which proceedings under Section 145 of the Code of Criminal Procedure were started and after passing a preliminary order of attachment, the case is fixed for evidence of the parties. Without filing criminal revision before the Sessions Court it has been filed before this Court.2. Admittedly, the shop in dispute belongs to the Municipal Corporation, Katni and the non-applicant No. 2 Rewachand son of Sadrangmal is the lessee of the Municipal Corporation, Katni. On 8/11/1985, one Mohandas son of Shri Meghraj, Rewachand son of Sadrangmal and Rewachand Lohani (the applicant) executed a deed of partnership, which was for a fixed period of five years.3. Thereafter, it is alleged by the applicant that on 22-11-1985, the non-applicant No. 2 de...
Madhya Pradesh State Road Trans. Corpn. Vs. Rajasthan State Road Trans ...
Court: Madhya Pradesh
Decided on: Apr-09-1991
Reported in: 1991ACJ1006
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, 1939 claiming an amount of Rs. 39,500.56 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 No. 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...
G.M., Madhya Pradesh State Road Transport Corporation Vs. Gyanmani Top ...
Court: Madhya Pradesh
Decided on: Apr-09-1991
Reported in: 1993ACJ111
K.L. Issrani, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act against the award dated 31st July, 1984, passed by the Motor Accidents Claims Tribunal, Raipur, in Claim Case No. 2 of 1983.2. The case of the claimants-respondents before the Tribunal was that on 15.8.1982 Robin Benedict Toppo (deceased) along with A.K. Lukus was going on the national highway on motor cycle Rajdoot No. CPT 6026 to Durg from Raipur. They were plying the motor cycle on their side, meanwhile a bus of M.P.S.R.T.C. No. CPH 8152 which was going from Durg to Raipur (opposite direction) being driven rashly and negligently by Ajay Kumar Sharma, driver of M.P.S.R.T.C, dashed against the Rajdoot motor cycle near Rajkumar College, Raipur on the national highway which caused fatal injuries to the deceased R.B. Toppo, who died on the spot. Several injuries were caused to the pillion rider A.K. Lukus, who was sitting behind the deceased on the motor cycle. The applicants claimed an amount of Rs. 4,43,...
United India Insurance Co. Ltd. Vs. Smt. Rajadevi and ors.
Court: Madhya Pradesh
Decided on: Apr-08-1991
Reported in: [1993]76CompCas63(MP)
R.K. Varma, J. 1. This is an appeal filed by the insurance company against the interim award dated March 8, 1990, passed by the Second Motor Accidents Claims Tribunal, Indore, in Claim Case No. 312 of 1987 on the principle of no-fault liability under the Motor Vehicles Act, 1939 (hereinafter referred to as ' the Act'), directing payment of compensation of Rs. 15,000 to the claimant in respect of the death of the deceased, Gajraj, who died as a result of a motor accident which occurred on May 5. 1986, due to the running of the offending jeep, bearing registration No. MBI 7705 carrying the deceased into a ditch, while it was being driven on Udhyognagar--Nemawar Road over a culvert near Indore.2. The claimants filed the claim petition under Section 110A of the Act and also filed an application under Section 92A of the Act for interim award based on no-fault principle. The appellant-insurance company which was joined as non-applicant No. 2 in the claim-petition filed a reply to the applica...
Vinod Kumar Vs. Wahid Khan and anr.
Court: Madhya Pradesh
Decided on: Apr-05-1991
Reported in: II(1991)ACC383
ORDERA.G. Qureshi, J.1. This miscellaneous appeal has been filed being aggrieved with the award dated 30.3.82 passed by the Third Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 145 of 80, whereby the learned Tribunal has awarded Rs. 74457- as compensation to the Claimant with interest at the rate of 6 per cent per annum and the costs of the claim. The appellant is aggrieved with the inadequacy of the compensation.2. The facts, leading to this appeal, in short, are that the present appellant filed a claim petition claiming Rs. 50,000/- as compensation against the non-applicants on the ground that on 26.2.1980 at about 8.30 p.m. when the appellant was going from Kabutarkhana to Chandrabhaga, Indore on foot along with two other colleagues, truck No. MPI-3431 approached them, being driven in excessive appeal and negligently by respondent No. 1 Wahid Khan and it dashed against the petitioner who was going on his side. As a result of the impact of the truck, the appella...
Gajrajsingh Prahladsingh Thakur and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-04-1991
Reported in: AIR1992MP93; 1993(0)MPLJ557
V.S. Kokje, J.1. This case was heard along with Misc. Petition No. 280/91 (Viresh Chandra Patidar v. The State of M. P. The relief sought in both the cases as well as the grounds on which the relief was sought being similar, they are being disposed of by this common order. In Misc. Petition No. 239/91, the petitioners, who are residents of Vijay Nagar, a colony developed under its scheme No. 54 by the Indore Development Authority, have challenged opening of a foreign liquor shop in the locality. In Misc. Petition No. 280/91 the petitioners, who are residents of village Nagda, Tehsil Bednavar District Dhar, have challenged the opening of a foreign liquor shop in their village Nagda. Apart from the localities being urban and rural, there is no remarkable difference in the aforesaid two cases and the arguments have also been common. It would, therefore, be proper as also convenient to dispose of these two petitions together.2-3. It is contended by the petitioners that the residents of the...
Rasheed Khan and anr. Vs. Peer Mohammad
Court: Madhya Pradesh
Decided on: Apr-04-1991
Reported in: 1992(0)MPLJ607
ORDERT.N. Singh, J.1. This is a hopeless appeal and it merits a short order.2. Appellants are impugning an order passed under Section 263 of the 'Act'. They had obtained probate, which has been revoked by the impugned order. For simple and short reasons to follow, the appeal is held to be misconceived and meritless.2A. What is manifestly clear is that revocation of a Will is contemplated when 'proceedings to obtain the grant were defective in substance'. Illustrations (i) and (ii), appended to the section, further amplify the scope of the provision. They contemplate that when the Court making the grant had no jurisdiction and when the grant was made without citing parties who ought to have been cited, that would be deemed to be 'just cause' within the meaning of the term employed in Section 263. In the instant case, the admitted fact is that the Will of which probate has been granted contained a lethal statement. In the Will itself it was stated that that an earlier Will had been execu...
Satish Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-03-1991
Reported in: 1991CriLJ2952
P.C. Pathak, J.1. By this petition the petitioner challenges the externment order dated 12-4-1990 (Annexure A) passed by respondent No. 2 District Magistrate, Balaghat and order dated 27-10-1990 (Annexure B) dismissing his appeal by respondent No. 1 State of Madhya Pradesh.2. The petitioner is a member of Kunbi community and a resident of Lanjhi, police station and tehsil Lanjhi, district Balaghat. By the impugned order, the petitioner was direct-ed, Under Section 12 of the M.P. Rajya Suraksha Tatha Lok Vyavastha Adhiniyam, 1980 (hereinafter called the 'Act'), remove himself outside district Balaghat and contiguous districts Seoni, Mandla and Raj nandgaon for a period of one year, and further informing him that in the event of contravention of the direction, the petitioner is liable to be punished with imprisonment which may extend to 3 years and fine.3. The petitioner was served with a notice dated 20-12-1989 (Annexure C) Under Section 15(1) of the Act, detailing the general nature of...
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