Madhya Pradesh Court January 1992 Judgments
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Dilip Vs. Vandana
Court: Madhya Pradesh
Decided on: Jan-31-1992
Reported in: I(1992)DMC557
V.S. Kokje, J.1. This is an application for transfer of a case filed under Section 13 of the Hindu Marriage Act by the non-applicant in the Court of the District Judge, Ratlam to the Court of the IIIrd Additional District Judge, Ujjain on the ground that the case filed at Ujjain was filed earlier. Even before admission of this case, the non-applicant appeared and filed a reply with a counter prayer that the case of Ujjain be transferred to Ratlam.2. With the consent of the parties, the case was finally heard. Shri O.P. Chouhan, the learned Counsel for the applicant submitted that since the applicant had filed a case for restitution of conjugal rights Under Section 9 of the Hindu Marriage Act on 20.6.1990 In the Court of the IIIrd Addl. District Judge, Ujjain, the subsequent application Under Section 13-A of the Hindu Marriage Act filed by the non-applicant on 30.4.1991 before the District Judge, Ratlam had to be transferred to the Court at Ujjain as per S. 21A of the Hindu Marriage Act...
Dhirendra Vs. State Bank of India
Court: Madhya Pradesh
Decided on: Jan-31-1992
Reported in: 1993(0)MPLJ607
ORDERV.S. Kokje, J.1. Heard Shri N.K. Patni, for the applicant and Shri R.C. Maheshwari for the non-applicant.2. This revision application challenges the order dated 10-8-1991 passed by the Xth Additional Judge to the Court of District Judge, Indore allowing an amendment in the plaint. The main contention of Shri Patni, learned counsel for the applicant is that the suit was closed for judgment at the time the plaintiff moved an application for amendment. According to Shri Patni when once the case was closed for judgment, no further application could be moved in the case. He relied heavily upon the decision of the Supreme Court in Arjunsingh v. Mohindrakumar and Ors., AIR 1964 SC 993. Shri R.C. Maheshwari learned counsel for the non-applicant tried to distinguish the decision of the Supreme Court in Arjunsingh's case (supra) by contending that, that case applied only to an application under Order 9, Rule 7 of the Code of Civil Procedure (for short the 'Code') being filed after the case ...
Dr. Shiv Roop Sharma Vs. R.K. Shrivastava
Court: Madhya Pradesh
Decided on: Jan-30-1992
Reported in: 1992(0)MPLJ459
V.D. Gyani, J. 1. This petition is listedtoday in default of deposting security cost butas requested by the learned counsel for thepetitioner, Shri R.K.. Pandey, it was taken upfor final hearing. Shri A.S. Jha, learnedGovt. Advocate also agreed, considering theshort question of law involved in the petitionand its nature and importance, in day to dayworking of the subordinate criminal Courts,in the State. 2. By this petition under Article 226 of the Constitution, a direction made by the Judicial Magistrate, First Class, Bilaspur, in the order dt. 20th Aug., 1990 passed in Criminal Case No. 186 of 1989 pending before him, directing the petitioner, a practising advocate, appearing for the accused in the aforesaid criminal case, to henceforth make applications in Hindi, has been faulted with on the ground that this direction contravenes Article 345 of the Constitution. In a pending criminal trial, an application was made in English, while entertaining the same, the learned Magistrate made ...
United India Insurance Co. Ltd. Vs. Jhamkubai and ors.
Court: Madhya Pradesh
Decided on: Jan-28-1992
Reported in: [1992]75CompCas303(MP)
R.K. Verma, J. 1. This is an appeal filed by the appellant-insurance company against the interim award dated March 15, 1991, made by the Motor Accidents Claims Tribunal, Jhabuain Claim Case No. 85 of 1990 whereby an interim compensation of Rs. 25,000 has been awarded under the Motor Vehicles Act, 1988, on the principle of 'no' fault liability' to the claimant Jhamkubai, mother of the deceased minor, Ravindra Kumar, who died as a result of a motor accident in which the offending tractor, which stood insured for third party risk with the appellant-insurance company is involved.2. The interim award under appeal has been challenged by the appellant-insurance company on two grounds. The first ground of challenge is that since the motor accident in question resulting in the death of the deceased took place on March 15, 1989, when the new Motor Vehicles Act, 1988, had not come into force and the provisions of the old Motor Vehicles Act, 1939 (Hereinafter referred to as 'the Act'), were applic...
Commissioner of Income-tax Vs. Abhaykumar Jaswantkumar
Court: Madhya Pradesh
Decided on: Jan-28-1992
Reported in: [1992]196ITR689(MP)
Faizanuddin, J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').2. The material facts giving rise to this application, briefly, are as follows :The assessee-respondent did not disclose the income from the firm, M/s. Mithanlal Ashok Kumar, and, therefore, the Income-tax Officer added the income of M/s. Mithanlal Ashok Kumar to the income of the assessee-firm and, as a consequence thereof, held that the assessee-firm could not be allowed to continue as a registered firm. In appeal, the Appellate Assistant Commissioner deleted the addition and directed continuation of registration. According to him, in a separate case of Mithanlal Ashok Kumar, the Tribunal had held that the said Mithanlal Ashok Kumar is an independent assessee. Aggrieved by this order, the Department preferred an appeal before the Income-tax Appellate Tribunal. The contention of the Department was that the case of Mithanlal Ashok Kumar was pending before th...
Bhuri Bai W/O Govindsingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-28-1992
Reported in: 1993(0)MPLJ197
S.K. Dubey, J.1. In this appeal the appellant/accused has challenged her conviction under Section 201, Indian Penal Code, and sentence of seven years' rigorous imprisonment, passed on 2840-1986 in Sessions Trial No. 109 of 1985, by Additional Sessions Judge, Ashoknagar, District Guna. 2. The facts leading to this appeal are thus:The acquitted accused Kallu alias Kalyansingh, who was married to deceased Sulochana, had developed illicit relationship with the appellant: therefore, there were always bickerings and quarrels between Kallu and his wife, and this was the subject of village gossip; hence, Arjunsingh (P. W. 1), father of Kallu, asked Kallu to live separately. It is said by the prosecution that there were quarrels also between the deceased and the appellant. Therefore, to remove the obstacle in the way of illicit relationship between Kallu and the appellant, the two accused conspired to get rid of Sulochana from their way. Hence, in the intervening night of 19th and 20th April, 1...
Laxminarayan S/O Bhoormal Vs. Food Corporation of India and anr.
Court: Madhya Pradesh
Decided on: Jan-27-1992
Reported in: 1992(0)MPLJ327
ORDERS.K. Jha, C.J.1. On a difference of opinion between B. C. Varma, J. recorded on 13-2-1991 and that of R.D. Shukla, J. recorded on 24-6-1991, the case has come up before me.2. The question for determination in this appeal is as to whether the legal proceedings (the suit) be stayed and the matter for adjudication be referred to an arbitrator, by invoking the power of the Court under Section 34 of the Arbitration Act, 1940 (hereinafter to be referred to as the Act). The Court below has directed that further proceedings in the suit be stayed and the dispute within the parties be referred to arbitration. The plaintiff preferred this appeal against the order of the trial Court. B. C. Varma, J. by his order dated 13-2-1991, was of the opinion that the appeal be allowed and the order dated 24-11-1987 passed by the lower Court staying the proceedings in the suit be set aside and the application under Section 34 of the Act be rejected, and the trial Court should now proceed with the suit in...
Dayaram and anr. Vs. State of Madhya Pradesh, Thr. P.S. Dhangaon
Court: Madhya Pradesh
Decided on: Jan-27-1992
Reported in: 1992CriLJ3154
S.K. Chawla, J.1. The two appellants, who are brothers, were convicted under Section 366, IPC for the offence of kidnapping a minor girl for compelling her marriage and were each sentenced to R.I. for 4 years. Appellant Dayaram was further convicted under Section 376, IPC for committing rape on that girl and sentenced to R.I. for 4 years, which sentence was directed to run concurrently with the sentence for the first offence. Aggrieved by their convictions and sentences, the accused persons have filed the present I appeal.2. The prosecution story briefly stated was that on 3-4-1985 during day time at about 1-00 p.m., both the accused reached the house of Bhura (P.W. 3) in village Salai, police station Dhangaon, district Khandwa, M.P. Bhura's daughter Sagarbai (P.W. 1) was alone in the house with her younger brothers. Dragging Sagarbai by her hair, the accused openly and forcibly took her away with the avowed object that accused Dayaram would marry her. Sagarbai was taken to a near by j...
Dhansingh Vs. Gangubai
Court: Madhya Pradesh
Decided on: Jan-24-1992
Reported in: AIR1992MP311
R.C. Lahoti, J. 1. The defendant/appellant has come up in appeal aggrieved by the judgment and decree of the lower appellate Court directing the suit for declaration of title and issuance of permanent preventive injunction to be dismissed in reversal of the decree of the trial Court which had decreed the suit. 2. Admittedly, the plaintiff/respondents Nos. 1 and 2 are the recorded Bhoomiswamis of the land. They are the heirs of the late Sewaram and the suit land has devolved upon them from late Sewaram. The plaintiff alleged that he had secured the land on sub-lease from late Sewaram sometime in the year 1946-47 and has been in possession of the land ever since then. With the coming into force of M.P. Land Revenue Code, 1959, the rights of occupancy tenant and then of Bhoomiswami . tenant have accrued to him which rights are being denied by the defendant/respondents after the death of late Sewaram in the year 1970. 3. The defendants, in their written-state-ments, denied all the material...
Umashankar Sharma Vs. Mansingh Narbarsingh and ors.
Court: Madhya Pradesh
Decided on: Jan-24-1992
Reported in: 1992(0)MPLJ292
ORDERK.K. Verma, J.1. Counsel are heard on appellant's application dated 17-12-1991 purporting to be under Order 1, Rule 3B inserted in the Code of Civil Procedure, 1908, by a Madhya Pradesh Amendment Act.2. The suit was the heading 'Suit for declaration of title and possession of land.' In the relief clause the first relief was: 'Delivery of possession of agricultural land.' At paragraph 2 of the instant application it has been averred that the appellant does not have any agricultural land except the lands in dispute and that no ceiling case is pending in respect of his lands and that the appellant has no information of any such proceedings. Order 1, Rule 3B runs as follows :'3B. Conditions for entertainment of suits. - (1) . No suit or proceeding for, -(a) declaration of title or any right over any agricultural land, with or without any other relief; or(b) specific performance of any contract for transfer of any agricultural land with or without any other relief, shall be entertained...
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