Madhya Pradesh Court August 1991 Judgments
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Shamshul Hasan S/O Hamidul Hasan Vs. Bhagwati Prasad S/O Hazarilal and ...
Court: Madhya Pradesh
Decided on: Aug-21-1991
Reported in: 1992(0)MPLJ189
ORDERK.L. Issrani, J.1. The present petition is under Section 482 of the Code of Criminal Procedure against the order dated 3-2-1990, passed by the Sessions Judge, Bhopal, in Criminal Revision No. 181 of 1989, arising out of the order dated 22-12-1989, passed by the Judicial Magistrate First Class, Bhopal.2. The police Shahjahanabad, Bhopal, seized the Mini Bus No. CIC 744 under Section 102 of the Code of Criminal Procedure from the possession of the non-applicant No. 1 Bhagwati Prasad on 4-12-1989. The applicant Shamshul Hasan as well as the non-applicant No. 1 Bhagwati Prasad moved their applications for custody of the Bus. The trial magistrate allowed the application of the non-applicant No. 1 and rejected the application of the applicant. The applicant filed a revision petition against the said order but was unsuccessful. The present petition has, therefore, been filed by the applicant.3. The non-applicant No. 1 had purchased this Mini Bus after getting loan from the Bank and was i...
Kanji S/O Ganesh Vs. Parmanand
Court: Madhya Pradesh
Decided on: Aug-19-1991
Reported in: AIR1992MP208; I(1993)DMC334; 1992(0)MPLJ136
S.D. Jha, J.1. This Second Appeal by transferees and contesting defendants who were unsuccessful in the two Courts below was by order dated 24-7-1981 admitted for final hearing on the substantial questions of law set out below:1. Whether in the facts and circumstances of the case the Courts below erred in law in not applying principles of Section 41 of Transfer of Property Act to the case?2. Whether in the facts and circumstances of the case the Courts below erred in law in not considering that sale by a Karta of the joint family is valid and good and binding on the members of the family?2. Plaintiff No. 1 Paramanand and defendant No. 2 Mahadeo are sons of one Shankar Lal, plaintiffs Nos. 2, 3 and 4, Dhankunwarbai, Punibai and Chunnibai alias Hirubai are sisters of Paramanand and Mahadeo and defendant No. 1 Gaumatibai (since deceased) is mother of the plaintiffs and defendant No. 2 Mahadeo and wd/o Shankar Lal who died sometime in Sam. 2002 corresponding to year 1945 of Gregorian Calen...
Brij Lal Singh Vs. the Regional Provident Fund Commissioner and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1991
Reported in: (1995)IIILLJ111MP
A.G. Qureshi, J.1. This petition under Article 226 of the Constitution of India has been filed by one Brijlal Singh seeking the issuance of writ of mandamus against the respondents, directing the Respondents No. 1 and 3 to pay the amount of provident fund of deceased Nakchhed Singh to the petitioner.2. The facts leading to this petition, in short are that one Nakchhed Singn was serving as a labourer in the Indore Malwas United Mills Ltd. (Respondent No. 3) in the weaving department. Nakchhed Singh was a Member of the Provident Fund and Miscellaneous Provisions Act, 1952 and his account number was 4216 code No. M.P.2. The said Nakchhed Singh died on 19.8.75 in Indore. According to the petitioner the said Nakchhed Singh was unmarried and had no issue. Therefore, the petitioner being the brother of the deceased is the only heir of Nakchhed singh. After the death of Nakchhed Singh the petitioner wanted to get the amount of the provident fund amounting to about Rs. 4000/- and, therefore, he...
Sanjay Maheshwari (Dr.) Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1991
Reported in: 1992(0)MPLJ392
ORDERS.K. Dubey, J.1. By this petition under Article 226 of the Constitution of India, the petitioner has stated his claim for allotment of a seat in Post-Grduation Course (MD, Anaesthesia) and for that has prayed for issuance of a writ in the nature of mandamus commanding the respondents Nos. 1 and 8 to allot and admit the petitioner to one of the two seats of all India quota reverted to the institution.2. The salient facts leading to this petition are : The petitioner passed his MBBS examination in the year 1987, he completed his one year's compulsory Internship in the year 1988, completed 12 months, House Job in November 1989 and applied for a seat in MD Anaesthesia, from the institutional candidates the petitioner was in waiting list No. 1 in the order of merit and, hence, was allotted a seat in Diploma course in Anaesthesia of the academic session 1989. In January 1989 the petitioner appeared in All India Competitive Examination for seeking a seat in MD Anaesthesia but could not g...
Basantsingh @ Biahansingh Roadsingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-19-1991
Reported in: 1992(0)MPLJ401
S.D. Jha, J.1. This second appeal by unsuccessful plaintiff in the two Courts below was by order dated 10-3-1978 admitted for final hearing on the following substantial questions of law : -1. Whether the Jagirdar could grant lease of the suit land of his Jagir village independently without a notice of the Tahsildar under the Land Utilisation Act?2. Whether the Jagirdar even after receiving a notice from the Tahsildar under Section 3 of the Land Utilisation Act allot the land to the appellant?3. Whether the appellant had acquired the rights of pacca tenant with respect to the suit land on 4-12-1952 under Section 20 of the M. P. Abolition of Jagirs Act?4. Whether the land in question being a kankad it could not have been allotted to the appellant by the Jagirdar?2. Plaintiff filed suit on 28-11-1964 in the Court of Civil Judge, Class II, Badnawar, for declaration of title, confirmation of his possession and permanent injunction in respect of Survey No. 361/1, area 3 Bighas, 2 Biswas land...
Kunwarji Vs. Nisar Khan and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1991
Reported in: II(1991)ACC624; 1992ACJ947
K.M. Pande, J. 1. This revision has been preferred against the order of the Motor Accidents Claims Tribunal, Indore, (hereinafter referred to as 'the Tribunal') dated 16.11.1990.2. Brief facts of the case are that on 20.9.1977 in the evening one Kunwarji was going on motor cycle with his son riding on the pillion from his village to Hatod and was on the Fulkaradia turning of the road. In the meantime a truck was coming from the opposite direction and was being driven by respondent No. 2. It dashed against the motor cycle as a result of which the motor cycle and the claimant's son were thrown away and the claimant sustained injuries on his face and right leg. The claimant sustained disfigurement of his face and his right leg below the knee had to be amputated. On a claim petition having been filed before the Tribunal by the claimant, the learned Tribunal on appreciation of evidence adduced in the case found that the motor accident was caused due to rash and negligent driving of truck by...
Asha Soni Vs. Ram Swarup Soni
Court: Madhya Pradesh
Decided on: Aug-16-1991
Reported in: II(1991)DMC615; 1995(0)MPLJ79
K.M. Agrawal, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955 (in short the 'Act') by the wife against a divorce decree in favour of the husband.2. It was not disputed that the appellant and the respondent were married to each other on 19.4.1980 in accordance with Hindu Rites and Rituals and that they were living Separately since 1.2.1983. The petitioner for divorce was filed by the respondent on the grounds of cruelty and desertion. It was alleged that so long the appellant lived with the respondent. She adopted an indifferent and disrespectful attitue towards the respondent and his family members, causing mental tension to them. Ultimately she deserted the respondent by voluntarily leaving the matrimonial home on 1.2.1983 in the company of her brother. She was also alleged to have taken away with her gold and silver ornaments, weighting about 22 tolas and 1 Kg. respectively. The appellant registered the petition by contending that she herself was haressed by t...
Anil Kant Vs. Archana
Court: Madhya Pradesh
Decided on: Aug-16-1991
Reported in: I(1992)DMC156
K.M. Pande, J.1. The revision has been preferred against an order dated 21.9.89 passed by V Addl. Judge to the Court of District Judge, Indore, in a petition under Hindu Marriage Act.2. The brief facts of the case are that the applicant is the husband of non-applicant and he had filed an application Under Section 13 of the Hindu Marriage Act against the non-applicant on the ground of desertion. The application was registered. The non-applicant filed a petition Under Section 24 of the Hindu Marriage Act on 29.6.84. This suit was dismissed on 9.4.86. The non-applicant filed an application dated 24.4.86 for deciding the application Under Section 24 of the Hindu Marriage Act. The learned Judge has passed an order that the applicant shall pay to the non-applicant Smt. Archana an amount of Rs. 600/- as costs towards advocate fee for litigation and Rs. 400/- per month as maintenance from 26.9.84 i.e. from the date of dismissal of the suit for main application.3. The brief facts' further, are ...
Kallu Bhagchand JaIn and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-16-1991
Reported in: 1992(0)MPLJ415
S.K. Chawla, J.1. By Judgment dated 29-11-1985 Additional Sessions Judge, Damoh convicted appellant No. 1 Kallu under Section 302, Indian Penal Code for the murder of one Narendra Kumar and sentenced him to imprisonment for life. The rest of the appellants were convicted under Section 302/34, Indian Penal Code for acting in concert with appellant Kallu in commission of the said murder and were also sentenced to imprisonment for life. The appellants were also convicted of lesser offences either under Section 323 or 323/34, Indian Penal Code in connection with assault on one Babulal (P.W.16) and Mamta (P.W.14) and were sentenced to imprisonment already undergone. Aggrieved by their convictions and sentences, the accused persons have filed the present appeal.2. The appellants all belong to one family. Of them, appellants 1 and 2 Kallu and Hannu are brothers, appellant No. 3 Nanhelal is their uncle while appellant No. 4 Bhagchand is their father. Deceased Narendra Kumar and the two injured...
Abdul Razzak Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-16-1991
Reported in: 1992(0)MPLJ408
ORDERS.K. Seth, J.1. The District Magistrate, Jabalpur vide his order dated 11-2-1991 (Annexure-C) passed under sub-section (2) read with sub-section (3) of Section 3 of the National Security Act. 1980 directed that Mehmood alias Paggal, son of Mohd. Razzak, aged 29 years, resident of Benisingh Ki Talaiya, Police Station Gohalpur, Jabalpur be detained under the said provision with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Thereafter, in due course, on the basis of the report of the Advisory Board, the detention order was confirmed by the State Government under sub-section (1) of Section 12 of the Act vide its order dated 34-1991 (Annexure-G) and it was specified in the said order that the detention of the said detenu would continue for a period of twelve months from the date of his detention i.e. until 10-2-1992. It is the detention of detenu Mehmood alias Paggal in the manner stated above which is challenged by his father Mohd. ...
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