Madhya Pradesh Court July 1991 Judgments
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Jagdish Prasad Vs. Gurubux Singh
Court: Madhya Pradesh
Decided on: Jul-24-1991
Reported in: AIR1992MP128; 1993(0)MPLJ946
ORDERS.D. Jha, J.1. This second appeal by the landlord-plaintiff, who was successful before the trial court but failed before the first appellate court, was by order dated 11-9-1985 admitted for final hearing on the following substantial question of law:--'Whether on the facts and in the circumstances of the case, the court below erred in law in holding that the provisions of Section 12(l)(n) of the M.P. Accommodation Control Act, 1961, were not attracted in the instant case?2. The plaintiff filed suit against the defendant for eviction from open plot described in para 1 of the plaint on ground that he was in arrears of rent, had committed nuisance by breaking lavatory and bath room and 3ft. wall constructed on the plot and the plot was required by the plaintiff bona fide for construction of a tin shed for making furniture under it, grounds under Clauses (a), (c) and (n) of Section 12(1) of the M.P. Accommodation Control Act, 1961 (hereinafter called the 'Act). The defendant in his wri...
Shrichand Dhannalal JaIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-1991
Reported in: 1992(0)MPLJ383
ORDERS.K. Chawla, J.1. This revision by the accused is directed against appellate judgment maintaining his conviction and sentence to a fine of Rs. 100/-, in default to simple imprisonment for one month, for the offence under Section 228, Indian Penal Code.2. The applicant had filed a civil suit which was pending in the Court of Shri A. H. Sheikh Patel, Civil Judge, Khurai. When that suit was taken up on one of the dates of hearing i.e. on 15-2-1982, it was adjourned by the learned Civil Judge to next date in the absence of the applicant and his counsel. The applicant showed himself up shortly afterwards. He was agitated to find that the case had been adjourned. He protested to the learned Civil Judge and insisted that his case was taken up for hearing on that date itself. The' learned Civil Judge felt that in the manner of making protest and in refusing to leave the Court room even after direction by the Court, the applicant had caused interruption while the Judge was sitting in judic...
Shrichand Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-1991
Reported in: 1993CriLJ495
ORDERS.K. Chawla, J.1. This revision by the accused is I directed against appellate judgment maintaining his conviction and sentence to a fine of : Rs. 100/-, in default to simple imprisonment for one month, for the offence under Section 228, I.P.C.2. The appellant had filed a civil suit which was pending in the Court of Shri A. H. Shaikh Patel, Civil Judge, Khurai. When that suit was taken up on one of the dates of hearing i.e. on 15-2-1982, it was adjourned by the learned Civil Judge to next date in the absence of the applicant and his counsel. The applicant showed himself up shortly afterwards. He was agitated to find that the case had been adjourned. He protested to the learned Civil Judge and insisted that his case was taken up for hearing on that date itself. The learned Civil Judge felt that in the mantfer of making protest, and in refusing to leave the Courtroom even after direction by the Court, the applicant had caused interruption while the Judge was sitting in judicial proc...
Dhiyana Vs. M.P. State Road Transport Corp. and anr.
Court: Madhya Pradesh
Decided on: Jul-22-1991
Reported in: II(1991)ACC416
R.K. Verma, J.1. This is an appeal filed by the claimant Dhgiyana against the award dated 30.8.82 passed by the Motor Accident Claims Tribunal, West Nimar, Mandleshwar in Claim Case No. 86/81 whereby the claim of the applicant for compensation in respect of the death of his son Pannelal alias Limda has been dismissed.2. The facts giving rise to his appeal, briefly stated, are as follows:On 6.7.82, while the deceased Pannalal alias Limda aged 11 years was returning along with other labourers engaged in construction of the road near village Dodwan, a passenger but belonging of M.P.S.R.T. Corporation coming from the side of Burhanpur and going towards Ujjain hit the deceased from behind and ran away without stopping. As a result of the accident the decreased was seriously injured and was taken to hospital at Khandwa where he succumbed to injuries. The eye-witness Bhuriya (AW-1) lodged the First Information Report (Ex.P/1) at Bhikangaon Police Station informing that the M.P.S.R.T. Corporat...
Madhya Pradesh State Road Transport Corporation and anr. Vs. Smt. Anja ...
Court: Madhya Pradesh
Decided on: Jul-19-1991
Reported in: 1993(0)MPLJ268
ORDERP.N.S. Chouhan, J. 1. On 27-6-1977, appellant's bus No. CPM 8083 while negotiating the 'Nohta' bridge over Byarma river on Sagar-Jabalpur route was washed away by flood-water killing all its passengers including 40 years old Government School lecturer Shri Bhagrirath Chaturvedi. His legal heirs claimed Rs. 7,76,510.00 in claim case No. 3/37 under Section 110-A of M. V. Act but the M.A.C.T., vide award dated 29-10-1982 allowed Rs. 42,000/- as compensation with interest at the rate of 6% per month from the date of award till realisation which is under challenge in this appeal. A cross objection for enhancing the amount of award has also been filed.2. Appellant's learned counsel argued that the passengers persuaded the driver to cross the bridge and when the bus was in mid stream, strong current of water came and swept away the bus and therefore, the finding (hat the accident resulted from rash and negligent driving is not sustainable. The evidence and circumstances mock at this argu...
Madhya Pradesh State Road Trans. Corpn. Vs. Anjani Chaturvedi and ors.
Court: Madhya Pradesh
Decided on: Jul-19-1991
Reported in: I(1992)ACC144; 1993ACJ363
P.N.S. Chouhan, J.1. On 27.6.1977, appellant's bus No. CPM 8083 while negotiating the 'Nohta' bridge over Byarma river on Sagar-Jabalpur route was washed away by flood-water killing all its passengers including 40 years old Government school lecturer, Bhagirath Chaturvedi. His legal heirs claimed Rs. 7,76,510/- in claim case No. 3 of 1977 under Section 110-A of the Motor Vehicles Act but the M.A.C.T., vide award dated 29.10.1982, allowed Rs. 42,000/- as compensation with interest at the rate of 6 per cent per annum from the date of award till realisation which is under challenge in this appeal. A cross-objection for enhancing the amount of award has also been filed.2. Appellant's learned Counsel argued that the passengers persuaded the driver to cross the bridge and when the bus was in the mid-stream, strong current of water came and swept away the bus and, therefore, the finding that the accident resulted from rash and negligent driving is not sustainable. The evidence and circumstanc...
State of Madhya Pradesh Vs. Rupsingh S/O Damodar Kurmi and ors.
Court: Madhya Pradesh
Decided on: Jul-18-1991
Reported in: 1992(0)MPLJ196
ORDERS.K. Chawla, J.1. The State has filed this revision from an order of discharge.2. An old man named Har Prasad, aged about 65 years, killed himself by getting himself crushed under a running train on 5-8-1984 near Khurai. He left a suicide note stating that non-applicants had insulted him and were further threatening him that they would enter into his house and kill him. He did not, therefore, want to live and because of fear from them, he was feeling helpless and was killing himself. It was the prosecution case that earlier on 21-7-1984, the non-applicants had trespassed into the house of deceased Har Prasad and had belaboured him. The police had registered for that incident Crime No. 244 of 1984 under Sections 147, 148 and 452 of the Indian Penal Code against the non-applicants. Non-applicant No. 1 Rupsingh is the younger brother of deceased Har Prasad while the rest belong to his faction. There was previous enmity between the deceased and Rupsingh over certain land and drainage ...
Jyotsna Ram Vs. Subhash Ram
Court: Madhya Pradesh
Decided on: Jul-17-1991
Reported in: I(1993)DMC382; 1992(0)MPLJ9
S.K. Seth, J.1. It is not in dispute that Scat. Jyotsna Ram and Shri Subhash Ram had been married according to Christian rites at the Disciples of Christ Church at Bilaspur on 30.5.1984. It is also not in dispute that after the solemnisation of the marriage they lived together only for a couple of months and thereafter Smt. Jyotsna Ram returned to the house of her parents at Bilaspur and lived separately from her husband. On 13.3.1985, she presented a petition to the District Court, Bilaspur under Section 18 of the Indian Divorce Act praying that her marriage with the respondent be declared to be a nullity on the ground that the respondent had been impotent not only at the time of the marriage but at the time of the institution of the suit. The (C. S. No. 79-A of 1990) was resisted by the respondent. It was contended by him that the allegations made by the petitioner in her petition in regard to he being impotent were false. After recording oral evidence of the parties and hearing them...
Punjab National Bank Vs. Mullu Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-17-1991
Reported in: 1992(0)MPLJ192
K.M. Agarwal, J.1. This appeal by the plaintiff-Bank is directed against dismissal of a part of its money claim against the respondents.2. The appellant is a nationalised Bank. On 9-10-1975 and 16-10-1975 loans of Rs., 26,000/- and Rs. 2,900/- respectively were advanced to the respondent No. 1. The respondents 2 and 3 stood sureties for repayment of the said bans. As the loans were not discharged, the appellant brought a suit for recovery of a sum of Rs. 43,981.71 p. against the respondents. The suit was resisted by the respondents, but it was partly decreed to the extent of Rs. 39,052/- with interest at the rate of 6% per annum on the amount of Rs. 29,000/- with effect from 17-1-1980 to the date of payment. Being aggrieved by partial dismissal of its claim, the Bank has preferred this First Appeal.3. Having heard the learned counsel for the appellant, I am of the view that Court below committed an error in reducing the claim of the appellant from Rs. 43,981.71 P. to Rs. 39,052/-. The ...
Survey @ Servajeet Singh S/O Mahender Singh Vs. State of Madhya Prades ...
Court: Madhya Pradesh
Decided on: Jul-17-1991
Reported in: 1992(0)MPLJ207
K.L. Issrani, J.1. This is an appeal under Section 374 of the Code of Criminal Procedure against the judgment and findings dated 22-3-1990, passed by the seventh Additional Judge to the Court of Sessions Judge, Bhopal, in Sessions Trial No. 168/1989 convicting the appellant as under :Conviction: Sentence :Under Section 366, Indian Penal R.I. for five years.Code.Under Section 354, Indian Penal R.I. for one year.Code.Under Section 506 Part II, Indian Penal R.I. for one year.Code. All sentences to runconcurrently.2. The appellant, along with two others namely Sunil and Billu, was prosecuted under Sections 366, 354 and 506, Part II of the Indian Penal Code, whereas the remaining two co-accused were prosecuted under Section 506, Part II, Indian Penal Code.3. According to the prosecution, on 29-4-1989, at about 9.00 A.M., Ranjana aged about 14 years, student of VI Class of Government Girls' Higher Secondary School Barkheda, Bhopal, had been to her school to know the results of her examinatio...
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