Madhya Pradesh Court September 1991 Judgments
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Ashok Ambalal Shah Vs. Guruvachan
Court: Madhya Pradesh
Decided on: Sep-16-1991
Reported in: 1992CriLJ895
ORDERK.L. Issrani, J.1. The present revision petition is against the order dated 23-3-1991 passed by Smt. Beena Tiwari, Judicial Magistrate First Class, Damoh in Criminal Case No. 139/91 taking cognizance of the offence under Section 420 of the Indian Penal Code on the private complaint filed by the non-applicant against the applicant. The applicant prays for quashing of the proceedings.2. According to the applicant, he is the resident of Ahemadabad--Gujarat. He is a businessman. He never visited Damoh and he does not know the non-applicant, Guruvachan Singh, and had never met him.3. The non-applicant has filed a complaint against the applicant before the Court of Judicial Magistrate First Class, Damoh on 23-3-1991 alleging that the applicant came to Damoh and wanted an amount of Rupees 60,000/- for his business purpose, which the applicant (non-applicant?) advanced after taking the post dated cheque on 27-6-90 in the presence of Ishwar Singh Vasu, with whom the applicant is said to ha...
Kanhaiyalal Verma Vs. Smt. Dropadi Seetaram Gattani
Court: Madhya Pradesh
Decided on: Sep-10-1991
Reported in: AIR1992MP88; 1992(0)MPLJ125
S.D. Zha, J.1. This second appeal by defendant-tenant, who was unsuccessful in two courts below, was admitted for final hearing by order dt. 25-2-1988 :--(1) Whether the learned lower courts, could have considered and decided the point of nuisance when the same was directly involved in a suit between the parties filed earlier to the present suit?(2) Whether accommodation of Joint family could be ignored for the purpose of deciding availability of alternative accommodation to the landlady?2. The plaintiff-presented suit for eviction against the defendant on grounds under Clauses (c) and (a) of Sub-section (1) of Section 12 of M.P. Accommodation Control Act, 1961 (hereinafter called 'the Act') -- plaintiff's case briefly stated was that defendant was earlier tenant in three rooms of ground floor of House No. 68.0, Dhan Gali Mhow, of the earlier owners of house No. 680 named Sarfuddin and Chhuttan. The house was purchased by the plaintiff by registered sale deed dt. 15-5-1979 from earlier...
Kishanlal Vs. Naveen Kumar and ors.
Court: Madhya Pradesh
Decided on: Sep-10-1991
Reported in: 1992ACJ1143; [1993]76CompCas110(MP)
R.K. Verma, J. 1. This is an appeal filed by the claimant-injured against the order dated March 13, 1991, passed by the Third Motor Accidents Claims Tribunal, Indore, in Claim Case No. 108 of 1990 whereby , the learned Tribunal has rejected the claimant's prayer under Section 140 of the Motor Vehicles Act, 1988, for grant of an interim award of Rs. 12,000 in respect of the injuries sustained by the claimant in the motor accident. 2. It has been stated that, according to the medical certificate issued by Dr. Pradeep Bhargava, filed in the case, the claimant had suffered a permanent disability in his right arm to the extent of 16 per cent, and that the injury sustained in the accident has left a permanent scar admeasuring 21/2' on the cheek of the claimant amounting to permanent disfigurement of his face. The learned Tribunal, however, after considering the said medical certificate, which is prima facie material placed on record by the claimant, has deferred the consideration of the clai...
Kishan Lal Vs. Naveen Kumar and ors.
Court: Madhya Pradesh
Decided on: Sep-10-1991
Reported in: 1(1994)ACC451
R.K. Verma, J.1. This is an appeal filed by the claimant-injured against the order dated 13.3.1991 passed by the IIIrd Motor Accidents Claims Tribunal, Indore in Claim Case No. 108 of 1990 whereby the learned Tribunal has rejected the claimant's prayer under Section 140 of the Motor Vehicle Act, 1988 for grant of interim award of Rs. 12,000/- in respect of the injuries sustained by the claimant in the motor accident.2. It has been stated that according to medical certificate issued by Dr. Pradeep Bhargava, filed in the case, the claimant has suffered permanent disability in his right arm to the extent of 16 per cent and that the injury sustained in the accident has left a permanent scar admeasuring 2-1/2' on the cheek of the claimant amounting to permanent disfigurement of his face. The learned Tribunal however, after considering the said medical certificate, which is prima facie material placed on record by the claimant, has deferred the consideration of the claimant's prayer for inte...
Mohammad Salam Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-09-1991
Reported in: 1992CriLJ1612
S.K. Chawla, J.1. Appellant Mohammad Salam challenges his conviction under Section 302, I.P.C. and sentence of imprisonment for life inflicted thereunder.2. The prosecution case was that on 8-11-1983 at about 11.15 p.m., deceased Kallu Lal Jain, a Cloth Merchant of Jabalpur, went along with his brother Mulayamchand Jain (P.W.-9) to the house of one Islam for dunning for credit money of Rs. 35/-, being the unpaid price of cloth due from Islam. Two brothers of Islam named Jannu and Salam (appellant herein) were found standing at the door of the house. When the deceased asked them about whereabouts of Islam, appellant Salam replied that he was sleeping inside the house. The deceased insisted upon Islam being woken up because he urgently wanted money from Islam. At that stage Islam showed himself up and stood behind appellant Salam. While the conversation was going on, appellant Salam got down from the doorsill, of his house and reaching up to the place where the deceased was standing on t...
Naresh Chandra Vs. Mst. Reshmabai and anr.
Court: Madhya Pradesh
Decided on: Sep-06-1991
Reported in: 1992CriLJ579; I(1992)DMC46; 1992(0)MPLJ58
P.N.S. Chouhan, J.1. The question is whether in absence of facts essential to constitute valid marriage in an application under Section 125 Cr. P.C. the Court can award interim compensation in favour of the spouse?2. Non-applicant No. 1 Reshmabai conceived as a result of her pre-marital affair with the petitioner whose reluctance to own his involvement landed him in the dock to answer charge of rape on a report lodged by Resha's mother in the qolice station. This pressure tactics worked and in order to wriggle out of this guagmire, the petitioner accepted the lady and the infant child non-applicant No. 2. who had come in the world by this time by exchangeing of garlands in Gayatri temple. The criminal case naturally ended in acquittal. But this tenuous tie could not last long and non-applicant No. 1 was deserted giving rise to her application under Section 125 Cr. P.C. for maintenance to herself and her son non-applicant No. 2. In that Misc. Criminal case No. 61/89 vide order dated 16....
Rampalsingh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-05-1991
Reported in: 1992CriLJ3745
ORDERP.N. Singh, J.1. Ostensibly, challenge is to the charge framed as per impugned order against the accused/petitioner under Section 379, IPC. Shri Bhargava, learned counsel appearing for him, has, however, given a new twist to the case and has contended seriously that the institution of the prosecution was itself void and, therefore, there was no scope for trial Court to frame any charge.2. To a certain extent, Shri Bhargava is right because the prosecution concerns theft of electricity and yet the special provision of Section 39 of Indian Electricity Act, 1910, for short, the 'Act', has apparently been over-i looked in passing the impugned order. It is conceded very fairly and rightly by Shri Khot that the trial Court should have added also Section 39 of the Act to the charge framed under Section 379, IPC', to make the charge clearly understandable to the accused/petitioner. Apparently, Section 39 is explanatory of Section 379, IPC when that is applied to theft of electrical energy...
Kavindra JaIn Vs. Amritlal
Court: Madhya Pradesh
Decided on: Sep-03-1991
Reported in: AIR1992MP131
ORDERA.G. Qureshi, J.1. This revision petition is directed against the order of the Additional Judge to the Court of District Judge, Jhabua in C.S. No. 3-A of 1988 passed on 10-4-1991.2. The facts leading to this revision petition in short are that the plaintiff filed a suit for possession of a house situated in Megh-nagar against the present petitioner on the basis of the title of the house. The case of the plaintiff was that eight years before the suit the house was given to the defendant for his residence as licensee with a condition that the house would be vacated by the defendant upon demand by the plaintiff. Thereafter, it appears, that by a letter dated 30th May, 1980 the defendant offered to purchase the said house. But the plaintiff did not agree to sell the house and instead demanded vacant possession of the house. Thereafter after serving a legal notice the plaintiff filed the suit on 16-8-1988.3. The suit was resisted by the defendant on the ground that the defendant is not...
Banti @ Balvinder Singh S/O Dayal Singh Balia Vs. State of Madhya Prad ...
Court: Madhya Pradesh
Decided on: Sep-03-1991
Reported in: 1992(0)MPLJ35
S.K. Chawla, J.1. The judgment in this appeal shall also govern the disposal of Criminal Appeals 409 of 1987 and 1034 of 1987. Five accused, who were Sikhs, were tried for offences of abducting an aboriginal woman by name Kuntibai (PW-2) and committing gang rape on her under Sections 366 and 376(2)(g) of the Indian Penal Code. The Additional Sessions Judge, Rajnandgaon convicted two of them and acquitted the remaining three. Criminal Appeal No. 1034 of 1987 is a State appeal against the acquittal of those three accused persons. Accused Banti alias Balvinder Singh was convicted of the offence of gang rape under Section 376(2)(g) of the Indian Penal Code and sentenced to R.I. for 10 years. The present appeal challenges the said conviction and sentence. Another accused named Jagtar Singh was convicted under Sections 366 and 376(2)(g) of the Indian Penal Code and sentenced to R.I. for 3 years and 10 years respectively, both the sentences directed to run concurrently. Criminal Appeal No. 40...
Banti Alias Balvinder Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-1991
Reported in: 1992CriLJ715
S.K. Chawla, J.1. The judgment in this appeal shall also govern the disposal of Criminal Appeals Nos. 409 of 1987 and 1034 of 1987. Five accused, who were Sikhs, were tried for offences of abducting an aboriginal woman by name Kuntibai (PW-2) and committing gang rape on her Under Sections 366 and 376(2)(g) of the Indian Penal Code. The Additional Sessions Judge, Rajnandgaon convicted two of them and acquitted the remaining three. Cri. Appeal No. 1034 of 87 is a State appeal against the acquittal of those three accused persons. Accused Banti alias Balvinder Singh was convicted of the offence of gang rape Under Section 376(2)(g) of the Indian Penal Code and sentenced to R.I. for 10 years. The present appeal challenges the said conviction and sentence. Another accused named Jagtar Singh was convicted Under Sections 366 and 376(2)(g) of the Indian Penal Code and sentenced to R.I. for 3 years and 10 years respectively, both the sentences directed to run concurrently. Criminal Appeal No. 409...
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