Madhya Pradesh Court August 1991 Judgments
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Girjaprasad and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-29-1991
Reported in: 1992CriLJ754
S.K. Chawla, J.1. The appellants numbering eight have been convicted under Section 302/149, I.P.C. for committing the murder of one Prem Singh in prosecution of their common object and also under Section 148/147, I.P.C. for rioting and have been sentenced to imprisonment for life for the first offence and to R.I. for 1 year for the second offence by 3rd Additional Sessions Judge, Damoh by judgment dated 1-12-1987. Aggrieved by their convictions and sentences, the appellants have filed the present appeal.2. The prosecution story briefly stated was that on 21-11-1986 at about 7.15 p.m. deceased Prem Singh was taking tea outside the hotel of one Baddan in a market place (referred to as Bajariya) of the town of Hindoriya, P.S. Hindoriya district Damoh. All the eight appellants came in a body at that time and surrounded the deceased. Some time earlier appellant No. 7 Ganga Prasad had come to verify about the presence of deceased Prem Singh and had returned back only to bring the remaining a...
Satendra Prakash Agarwal Vs. State Bank of Indore, Bhopal and anr.
Court: Madhya Pradesh
Decided on: Aug-28-1991
Reported in: 1991(0)MPLJ951
R.D. Shukla, J.1. This appeal is directed against the judgment and order dated 27-1-1989 of District Judge, Bhopal passed in Civil Suit No. 109-A/ 87, whereby in an application of the plaintiff under Order 39, Rules 6, 7 and 10, Civil Procedure Code, the learned Judge has directed seizure of the truck and sale by the plaintiff through Court for recovery of the amount outstanding against the defendant/ appellant, Satendra Prakash Agarwal.2. This is undisputed that a sum of Rs. 1,50,000/- was advanced to this Satendra Prakash Agarwal defendant for purchase of the truck, Defendant/respondent No. 2 Suhagmal stood as a guarantor for due repayment of the said loan. The truck was purchased with that amount so received. This transaction had taken place somewhere in the year 1982. It is further asserted, though disputed by the defendant/appellant, that the truck was hypothecated with the plaintiff/ respondent No. 1 i.e. the State Bank of Indore.3. During pendency of the suit plaintiff filed an ...
Umesh Singh Yadav Vs. Collector/District Returning Officer and ors.
Court: Madhya Pradesh
Decided on: Aug-28-1991
Reported in: 1992(0)MPLJ173
ORDERR.D. Shukla, J.1. The petitioner is Deputy Divisional Manager posted at Balaghat and is an employee of the Rajya Van Vikas Nigam Limited, which is a Government Company within the meaning of Indian Companies Act, 1956. Petitioner challenges the impugned order dated 3-6-1991 (Annexure P-5), whereby the District Returning Officer, Balaghat (respondent No. 1) has placed him under suspension and has issued him the Charge-sheet on 6-6-1991 (Annexure P-6). Allegations are that the services of the petitioner from the Corporation were requisitioned during General Election and the petitioner is alleged to have remained absent to discharge duties of a Presiding Officer during the last election.2. A show cause notice on admission was issued in this case, pursuant to which the respondents filed a joint return. With the consent of counsel for parties the case was finally heard and is being disposed of by this order.3. Learned counsel appearing for the petitioner challenges the impugned order of...
Deokoo Bai W/O Anna Rao and ors. Vs. Keshari Chand S/O Ganeshlal Jain
Court: Madhya Pradesh
Decided on: Aug-27-1991
Reported in: 1992(0)MPLJ132
R.D. Shukla, J.1. This appeal is directed against the judgment and decree dated 4-5-1984, passed in Civil Appeal No. 66-A of 1981 by the Court of First Additional Judge to the Court of District Judge, Chhindwara (arising out of Civil Suit No. 61-A of 1979, decided on 27-1-1981 by the Court of First Civil Judge (Class II), Chhindwara), whereby the judgment of dismissal of the suit has been reversed and the plaintiffs suit is decreed.2. The undisputed facts of the case are that the defendant No. 1 Deokoobai had executed the sale-deed (Ex.P-1), on 16-9-1969. The house in dispute is situated on Nazul Block No. 27, Plots Nos. 101/1 and 101/2, area 730 Sqr. ft., with an open land bearing Khasra No. 482, area 0.22 acre. The plaintiff had filed a suit against the defendant No. 2 Annarao for recovery of rent, which was dismissed and confirmed in appeal also.3. The plaintiffs case, in brief, is that he purchased the suit property for a consideration of Rs. 3,000/- from defendant No. 1 Deokoobai,...
Smt. Krishna Pyari Bai Dixit Vs. Gobind Mishra
Court: Madhya Pradesh
Decided on: Aug-26-1991
Reported in: AIR1992MP145
T.N. Singh, J. 1. Respondent has been duly served. He is represented by Shri S. B. Agarwal, Advocate. However neither on the last date nor today any steps are taken by the respondent or his counsel to defend the appeal. I have no doubt, therefor, that the respondent has lost all interest in the matter. Indeed, it is submitted that in the Court below also though the respondent filed objection, he did not enter the witness-box and indeted he did not take any other steps to pursue the objection. - 2. The impugned order is dt. 25-3-1991 passed in Succession Certificate case No. 157 of 1988. The appellant as petitioner filed an application under Section 372 of the Succession Act, 1925, for short 'the Act'. She claimed that she was mother of the deceased Neetabai, who during her life time was in the service of the State Government in the Education Department. Indeed, on record is a certificate dt. 5-5-1989 of the Head Master of the school concerned, in Mungaoli indicating that Ku. Neeta Dixi...
Kalyanmal Mills Ltd. Vs. Income-tax Officer and ors.
Court: Madhya Pradesh
Decided on: Aug-26-1991
Reported in: [1992]194ITR517(MP)
K.M. Pandey, J.1. This revision has been directed against an order passed in C. S. No. 42A of 1986, dated August 27, 1990, by the Tenth Additional District Judge, Indore, whereby the learned judge refused to direct the payment of interest to the petitioner.2. The brief facts of the case are that respondent No. 3, namely, National Textile Corporation, Indore, filed a suit in the court for a declaration and injunction in respect of the income-tax refund of Rs. 1,60,000. Respondent No. 3 also applied for an injunction restraining payment of this amount to the applicant, Messrs. Kalyanmal Mills Ltd The trial court, by the impugned order dated March 24, 1984, directed the payment of this amount to the petitioner. Against this order, respondent No. 3 preferred a Miscellaneous Appeal No. 178 of 1984 which was decided by this court on January 30, 1987. The court has directed that the amount of Rs. 1,60,000 be released to the petitioner on furnishing a bank guarantee of like amount. A bank guar...
Brahm Narayan and anr. Vs. Minor Rajesh Kumar and ors.
Court: Madhya Pradesh
Decided on: Aug-24-1991
Reported in: AIR1992MP297
T.N. Singh, J.1. Plaintiffs, who have appealed, instituted a suit on 17-12-1985, praying, inter alia, for declaration that the deed of Gift (Ex. D/3), executed on 9-12-1983 by defendant No. 1 Ramchandra, was void and mutation on that basis was also void. The Deed was executed by the said defendant, who died during the course of trial after filing his written statement. He made a gift of certain lands in favour of defendant/respondents Rakesh Kumar and Abinash Kumar, both minors, represented by their natural guardian, father, Shrikrishna Sharma, who had accepted the same on their behalf. Indeed, the main relief claimed was for the land described in para 1 of the plaint to be declared ancestal property of the parties and that along with the plaintiffs, defendant No. 4, (Mewaram), be declared as owner in equal shares in that land. Suit has been dismissed in toto.2. Plaintiffs' case, as stated in para 1 of the plaint, is that though defendant Ramchandra was registered as Bhumiswami in resp...
Sushila Bai Vs. Kailash Kumar
Court: Madhya Pradesh
Decided on: Aug-22-1991
Reported in: I(1992)DMC65
K.M. Pande, J.1. This revision has been preferred against an order of the Third Additional District Judge Indore dated 26-10-88 whereby he has granted maintenance to the petitioner @ Rs. 200/- p.m. and sum of Rs. 300/- as expenses of litigation.2. The brief facts of the case are that the petitioner moved an application under Section 24 of the Hindu Marriage Act for interim maintenance and expenses of litigation. She alleged that she has no source of income and she has also a son 10 months old. She was married to non-applicant Kailash Kumar who earns Rs. 3,000/- p.m. There is a Chemist shop of which he is the owner. She claimed a sum of Rs. 850/- as interim maintenance and a sum of Rs. 1,000/- as expenses of litigation. The non-applicant disputed the fact that the applicant has no Independent means of livelihood. It was alleged that she was running a beauty-parlour and earning Rs. 1500/- to Rs. 2,000/- p.m. The non-applicant alleged that he has no independent source of income. He is not...
A.R. Ramteke S/O G. Ramteke and anr. Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Aug-22-1991
Reported in: 1992(0)MPLJ20
ORDERB.C. Varma, J.1. Smriti Grih Nirman Sahkari Sanstha Maryadit, Bhilai Nagar, is a co-operative society duly registered under the Co-operative Societies Act. At the relevant time, the petitioner No. 1 was elected as a member of the Board of Directors of the Society. During the process of co-option, in accordance with rules, respondent No. 6 was co-opted as one of the Directors on 8-11-1989. He was then co-opted as the President of the Society. The petitioners seek to challenge the co-option as also the election of respondent No. 6 as President of the Society. It may be mentioned that the petitioner No. 2 is a member of that Society.2. Before we deal with the question raised in this petition, a few more facts may be stated. By an order dated 29-4-1987 (Annexure P-1), the then Board of Directors, including respondent No. 6 as its member, was superseded. The respondent No. 6 was declared disqualified to contest the election of the Board of Directors for a period of seven years. That or...
Hemlata W/O Arvind Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-21-1991
Reported in: 1992(0)MPLJ185
ORDERK.L. Issrani, J.1. The present application is under Section 407 read with Section 482, Criminal Procedure Code for transfer of Criminal Case No. 199 of 1990, State of M.P. v. Arvind Singh and 2 others, pending in the Court of Judicial Magistrate, First Class, Raipur.2. This case is under Sections 4 of Dowry Prohibition Act and 498-A, 506-B/34 and 323, Indian Penal Code.3. The submission of the learned counsel for the applicant is that the non-applicant No. 3 had been to Gwalior where she is residing at present and threatened her of dire consequences in case she goes to Raipur for giving the statement. For this incident, she has also lodged report in the police on 26-9-1990 (Annexure-C). The submission of the learned counsel for the applicant is that the case be transferred out of Chhatisgarh.4. The submissions and prayer of the applicant are vehemently opposed by the learned counsel for the non-applicant. Non-applicant Ravindra Singh has also filed his affidavit denying all the al...
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