Madhya Pradesh Court January 1992 Judgments
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Ujagar Singh and ors. Vs. Jomdar Singh (Dead) by Lrs.
Court: Madhya Pradesh
Decided on: Jan-15-1992
Reported in: AIR1993MP12; 1992(0)MPLJ598
R.C. Lahoti, J.1. The defendant/appellants have come up in appeal aggrieved by the judgment and decree of the Power Appellate Court decreeing the suit filed by the plaintiff/ respondents in supersession of the judgment and decree of the trial Court which had dismissed the suit.2. The suit property consists of land S. No. 1110 area 4 bighas 2 biswas. Late Gajraj Singh had three sons namely Jomdar Singh and Shriram Singh, and late Khayal Singh whose legal representatives are the defendants. The parties were holding the lands as Pukta Maurusi tenants on the date of vesting under the ex-proprietor. In the revenue papers, the parties were so recorded. Khasra for Samvat year 1999 (Ex.P/4) and Khasra for Samvat year 2007 (Ex.P/3) records Ujagar Singh, Mathuri Singh, Jagram Singh to the extent of 1/3rd, and Jomdar Singh and Shriram Singh to the extent of 2/3rd, jointly as tenants. However, in the remarks column, the two plaintiffs are recorded in possession of the land.3. The case of the plain...
S.S. Koshal, Ex-officer, Junior Management, Sbi and ors. Vs. State Ban ...
Court: Madhya Pradesh
Decided on: Jan-15-1992
Reported in: (1993)ILLJ525MP; 1992(0)MPLJ307
D.M. Dharmadhikari, J.1. The petitioner was posted during the year 1980 as Branch Manager at Mohgaon under the State Bank of India. He challenges in this petition the impugned order dated May 8, 1984 whereby the Chief General Manager (respondent No. 2) in his capacity as disciplinary authority has imposed on him punishment of removal from service after a disciplinary enquiry for charges contained in the charge-sheet (Annexure-A).2. An Enquiry Officer was appointed, who, after conducting the enquiry, submitted his enquiry report (Annexure-B), The Enquiry Officer held that charges Nos. 1 and 5 were proved against the petitioner, but charge Nos. 3, 4 and 6 were not proved.3. The disciplinary authority in his final order, imposing punishment, dated May 8, 1984 (Annexure-C) agreed with the findings of the Enquiry Officer in respect of charges Nos. 1 and 5 as proved and 3 and 4 as not proved. He, however, disagreed with the finding of the Enquiry Officer with respect to charges Nos. 2 and 6 ...
Ramesh Bhagwan Kure Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-15-1992
Reported in: 1992(0)MPLJ271
ORDERFaizan Uddin, J.1. This is a petition under Articles 226/227 of the Constitution of India, by the petitioner, who is a life convict, challenging the order of the State Government, rejecting his application for release on licence under the provisions of the M. P. Prisoners Release on Probation Act, 1954 and the rules made thereunder.2. The petitioner is a life convict. He had made an application for his release on licence under the provisions of the M. P. Prisoners Release on Probation Act, 1954 and the Rules made thereunder. That application on the recommendation of the Probation Board was rejected by the State Govenment on the ground that the release of the petitioner is likely to result in breach of peace which was Challenged by the petitioner in M. P. No. 4938/1989. The said petition was disposed of by this Court by order dated 25-6-1990 quashing the order of the State Government with the direction to reconsider the petitioner's case in the light of the observation made in the ...
Ramesh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-15-1992
Reported in: 1992CriLJ2504
Faizan Uddin, J.1. This is a petition under Article 226/227 of the Constitution of India, by the petitioner, who is a life convict, challenging the order of the State Government, rejecting his application for release on licence under the provisions of the M.P. Prisoners Release On Probation Act, 1954 and the rules made thereunder.2. The petitioner is a life convict, He had made an application for his release on licence under the provisions of the M.P. Prisoners Release On Probation Act 1954 and the Rules made thereunder. That application, on the recommendation of the Probation Board was rejected by the State Government on the ground that the release of the petitioner is likely to result in breach of peace which was challenged by the petitioner in Misc. Petition No. 4938/89. The said petition was disposed of by this Court by order dated 25-6-90 quashing the order of the State Government with the direction to reconsider the petitioner's case in the light of the observations made in the s...
Biaga Vs. Sundariya and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1992
Reported in: I(1992)DMC482
D.M. Dharmadhikari, J.1. This second appeal is by the plaintiffs who lost in both the Courts below. The appeal has been admitted on the following substantial questions of law, which arises for decision by this Court.'(i) Whether in the absence of any pleading and proof about the custom between the parties for the marriage in Pat form, the marriage in that form will be a valid marriage?(ii) Whether in the absence of proof of custom for performance of marriage in the Pat from no inference of the valid marriage can be drawn even from long cohabitation.'2. The necessary facts are that the owner of the suit property was one Macha who died prior to 1956, survived by one son by name Radho who is also dead and is represented now by his alleged wife Smt. Sundariya (respondent No. 1). The property in suit was sold by Sundariya (respondent No. 1).. by four registered sale deeds Ex. D 1 to Ex. D4 dated 28.2.1978 in favour of respondents No. 2 to 5.3. The suit originally was filed by two daughters ...
State of Madhya Pradesh Vs. D.D. Karkare and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1992
Reported in: 1992(0)MPLJ454
ORDERS.D. Jha, J.1. The Tenth Additional Judge to the Court of Sessions Judge, Indore acting under Section 395 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code') has made this reference under the following circumstances :On 16-10-1976, the City Excise Officer, Indore raided the shop and godown of accused No. 1 Kantilal and found in all 25 drums containing spirituous preparations. Kantilal did not possess a licence for the purpose. In that connection for storing, selling, exporting, complaint under Section 34 of the M.P. Excise Act, 1915 (hereinafter called as 'the Act') was presented in the Court of the Judicial Magistrate First Class, Indore against accused Kantilal and five others. After the particulars of offence had been explained, accused Nos. 2 to 6 raised objection that as complaint against them was presented beyond a period of six months prescribed under Section 61(2) of the Act and without special sanction of State Government, the Court was prohibited from...
R.B. Singh Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1992
Reported in: 1992(0)MPLJ600
ORDERR.C. Lahoti, J.1. This is a petition under Articles 226/227 of the Constitution of India preferred by an Ex-Airforce Man, feeling aggrieved by an order of General Court Martial dismissing him from service. The jurisdiction of this Court was sought to be invoked through a letter-petition addressed to the Court by the petitioner. The letter-petition contains practically no statement of facts and is not accompanied by any documents. It does not contain narration of any specific grounds on which the General Court Martial proceedings and the final order passed therein are challenged. In its anxiety to assist the petitioner, if at all he has been a sufferer of any injustice and to assist him if this Court can within the permissible constitutional limits, the Court took cognizance of the letter-petition and issued a rule nisi but only to land itself into a roving inquiry, as the developments of the case do show.2. There has been an endless round of pleadings, return followed by rejoinder...
Dayaram Jagannath Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-09-1992
Reported in: 1992(0)MPLJ784
ORDERS.D. Zha, J.1.The petitioners through this revision petition confine their challenge only to sentence of one month RI and fine of Rs. 500/-, in default, further two months' RI awarded by the JMFC, Shajapur by judgment dated 31-7-1990 and upheld in appeal by Sessions Judge, Shajapur by judgment dated 12-9-1990.2. The present petitioners along with deceased Jagannath and accused Badrinath who was released on probation by the trial Court were prosecuted by Sundarsi Police Station for offence under, Sections 147, 148, 325/149, Indian Penal Code. The prosecution story was that on 5-5-1988 in the evening they formed unlawful assembly and were armed with deadly weapons and used force and in furtherance of common object of unlawful assembly grievous hurt was caused to complainant Narayansingh. The accused persons pleaded not guilty to charge and denied any role in the alleged offence. They were, however, found guilty and convicted under Sections 325/149, Indian Penal Code and 148, Indian ...
Subhashchandra Patodi, Indore Vs. Food Corporation of India
Court: Madhya Pradesh
Decided on: Jan-08-1992
Reported in: 1992(0)MPLJ808
ORDERV.S. Kokje, J.1. On 26-10-1978 an application under Section 20 of the Arbitration Act was filed by the non-applicant Food Corporation of India for reference of a dispute between the parties to arbitration. In the application it was stated that the non-applicant Subhashchandra Patodi undertook the work of transportation of foodgrains and sugar from Indore in accordance with the agreement dated 22nd Sept., 1973, executed by him in favour of the Food Corporation of India. It was further stated that because of the breaches committed by the non-applicant, the Food Corporation of India had to terminate the agreement and instead had to get the transportation of the stipulated commodities done from other carriers and transport agencies. It was contended that in this process the F.C.I, the applicant sustained a loss of Rs. 44,835.08,which was entitled to be recovered from the applicant herein. In paragraph 6 it was stated that the cause of action for the application arose on 20th Sept., 19...
Noormohammad Bhurekhan Vs. Masidkhan Chandkhan and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1992
Reported in: 1992(0)MPLJ412
ORDERS.D. Jha, J.1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner, who is defendant in Civil Suit No. 1/22/90, pending in Court of Civil Judge Class II, Badnagar, District Ujjain, challenges order dated 19-3-1991 passed by First Additional Judge to the Court of District Judge, Ujjain, whereby he partly modified the order dated 26-4-1990 granting injunction in favour of the petitioner defendant and directed that the order dated 264-1990 passed by the Trial Court in favour of the defendant shall be applicable only in respect of l/3rd share of the suit land situated at Bhaisalakalan and the plaintiffs shall be able to keep their possession over 2/3rd of the land.2. The respondents Nos. 1 and 2, who are plaintiffs in the suit, filed suit for permanent injunction against the petitioner-defendant and pro forma defendant State of M.P. praying for perpetual injunction restraining petitioner defendant Noormohammad from interfering with their possession...
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