Madhya Pradesh Court October 1992 Judgments
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Fizabai and ors. Vs. Nemichand and ors.
Court: Madhya Pradesh
Decided on: Oct-16-1992
Reported in: I(1993)ACC656; 1994ACJ249; AIR1993MP79; 1993(0)MPLJ38
S.K. Chawla, J.1. This is an appeal by claimants from an award of Motor Accidents Claims Tribunal, (for short Tribunal) dismissing their claim.2. On May, 1, 1983, in the early morning hours around 5 a.m., a motor accident had taken place at Sheopurkalan road, in which one Asgar Ali, aged 45 years, was crushed on both of his legs and died on the following day in a hospital of those injuries. The vehicle in question was truck No. MPW 9961 driven at that time by one Shyam Sharma (respondent No. 2 herein and owned by one Nemichand (respondent No. 1 herein), which was insured with National Insurance Company (respondent No. 3 herein).3. The case of the claimants appellants, who are widow and children of the deceased, to the effect that accident occurred because of negligent driving of truck by the driver, was disbelieved by the claims Tribunal. On the other hand, the Tribunal accepted the version of the opposite parties that the deceased had committed suicide by laying himself under the movi...
Shri Ramsingh and anr. Vs. Sarvodaya Kamgar and
Court: Madhya Pradesh
Decided on: Oct-16-1992
Reported in: AIR1993MP153
K.M. Pandey, J.1. This Writ Petition under Articles 226/227 of the Constitution of India has been filed requesting that a Writ of Certiorari or any other suitable writ or direction be issued for quashing the impugned order dated 13-8-1991 passed by respondent No. 4 i.e. Additional Secretary to the Government of Madhya Pradesh, in the revision (Annexure P-1).2. The brief facts of the case are that the Collector, Bhind passed an order that four mines of sand situated in village Ron and Khera Shyampur be auctioned for a period of three years and in compliance of this order notice of auction was published and displayed on the notice board and the proceedings for auctioning mines were started by the Collector, Bhind. The petitioners submitted application for the grant of lease of the said mines and in the auction proceedings the petitioners had also taken part. The auction was held on 29-1-1990 by the Collector, Bhind. The petitioners were the highest bidder in respect of two mines. This hi...
Ramesh Kumar Vs. Kalpana
Court: Madhya Pradesh
Decided on: Oct-16-1992
Reported in: I(1993)DMC13
G.C. Gupta, J.1.The appellant-husband feels aggrieved by the judgment and decree dated 30th April, 1991 passed by Shri V.K. Choudhary, II Additional District Judge, Chhindwara in Civil Suit No. 78-A/89 dismissing his application for divorce under Section 13 of the Hindu Marriage Act and challenges legality and validity thereof in this first appeal filed under Section 28 of the Act.2. That the parties are legally married husband and wife is not in dispute. They were married on 8-7-1987 and lived together upto 17-3-1989, when the respondent was sent to her parents by order of the S.D.M. passed under Section 97 Cr.P.C. The application was moved on the ground that the respondent had treated the appellant with cruelty and hence be was entitled to a decree for divorce. Instances of cruelty are mentioned in paras-2 and 3 of the application. In para-2 of the application, it is mentioned that the appellant came to stay at Chhindwara in July. 1988 and started living in a rented house at Lalbagh....
Harprasad Santore Vs. Anita Santore
Court: Madhya Pradesh
Decided on: Oct-16-1992
Reported in: I(1993)DMC27
Gulab C. Gupta, J.1.The appellant husband feels aggrieved by the Judgment dated 19-11-90 passed by Shri R.K. Shrivastava, District Judge, Hoshangabad in Civil Suit No. 41-A/89 dismissing his application for divorce under Section 12(l)(a) of the Hindu Marriage Act (hereinafter referred to as the Act) and has preferred this appeal challenging the legality and validity thereof under Section 28 of the Act.2. That the parties were married on 7-3-88 and lived together upto 11-6-89 does not seem to be in dispute. The appellant in his application alleged that the respondent left his home on 15-6-89 and did not return so far. He also alleged that during this period, the respondent could not bear any child. He also alleged that there was no consumation of marriage as the respondent's vagina was not well developed and ovary was missing. He further alleged that though her breasts were developed, she was not able to engage in sexual act because of absence of ovary. The appellant further alleged tha...
Durga Bai Vs. Mangi Lal
Court: Madhya Pradesh
Decided on: Oct-16-1992
Reported in: I(1993)DMC174
V.S. Kokje, J.1. This case arisen out of unusual circumstances. The applicant brought a suit claiming maintenance from the non-applicant alleging that she was a legally wedded wife of the non-applicant from whom three issues were born to her. Two of them are since dead and one daughter Bhagwatibai has been married off.2. The applicant/plaintiff has alleged that she cohabited with the non-applicant for 15 years and when she noted illicit relations of the non-applicant with one Gulab Bai and objected, she was thrown out of the house by the non-applicant. In the plaint maintenance has been asked for on the basis of an oral agreement also laid to have been entered into between the non-applicant and the father of the applicant. In Paragraph 8 of the plaint, it has been alleged that when the applicant/plaintiff was minor her father agreed to give her away in marriage to the non-applicant on condition of his settling 10 acres of land or Rs. 200/- per month for separate living and maintenance ...
Ramsingh Makrandsingh Tomar and anr. Vs. Sarvodaya Kamgar and Karigaro ...
Court: Madhya Pradesh
Decided on: Oct-16-1992
Reported in: 1992(0)MPLJ938
ORDERK.M. Pandey, J.1. This Writ Petition under Articles 226/227 of the Constitution of India has been filed requesting that a Writ of Certiorari or any other suitable writ or direction be issued for quashing the impugned order dated 13-8-1991 passed by respondent No. 4 i.e. Additional Secretary to the Government of Madhya Pradesh, in the revision (Annexure P-l).2. The brief facts of the case are that the Collector, Bhind passed an order that four mines of sand situated in villages Ron and Khera Shyampur be auctioned for a period of three years and in compliance of this order notice of auction was published and displayed on the notice-board and the proceedings for auctioning mines were started by the Collector, Bhind. The petitioners submitted application for the grant of lease of the said mines and in the auction proceedings the petitioners had also taken part. The auction was held on 29-1-1990 by the Collector, Bhind. The petitioners were the highest bidder in respect of two mines. T...
Madhya Pradesh State Road Transport Corporation Vs. the State Transpor ...
Court: Madhya Pradesh
Decided on: Oct-15-1992
Reported in: AIR1993MP95; 1993(0)MPLJ193
S.K. Dubey, J.1. The petitioner, Madhya Pradesh State Road Transport Corporation (for short, the 'Corporation'), established under Section 3 of the Road Transport Corporation Act, 1950, by this petition under Articles 226 and 227 of the Constitution of India, has challenged the order dated 31-3-1990 (Annexure P/3), passed by the respondent No. 2, Regional Transport Authority (RTA), Gwalior, confirmed in revision by the State Transport Appellate Tribunal (STAT), Gwalior by order dated 2-6-1992 (Annexure P/9), of grant of a regular permit to respondent No. 3, of the route Dabra-Bhander via Goraghat, Uprai, Sitapur, Sonagiri, Chhoti Badoni, Lal Ka Tal, Datia, Pasari, Unnao, Kamad, Kusoli, Basbaha, covering a distance of 76 Kms., in which a portion of 22 Kms - Dabra to Sitapur (18 Kms.) and Lal Ka Tal to Datia (4 Kms.), forms part of a nationalised route, Gwalior-Jhansi, reserved exclusively for petitioner under scheme No. 38, approved and published in the Gazette dated 12-4-1985.2, The pe...
Brij Mohan Gupta Vs. Premchand JaIn and ors.
Court: Madhya Pradesh
Decided on: Oct-15-1992
Reported in: 1993(0)MPLJ183
ORDERS.K. Dubey, J. 1. The petitioner/tenant, who is a defendant in a suit instituted on 4-9-1984 by the respondent No. 1/landlord in the Court of Third Civil Judge, Class II, Sheopurkalan, after the close of the evidence of the plaintiff on 8-5-1992, applied on 13-5-1992 under Order 16, Rule 1, Civil Procedure Code, for issue of summonses to the two witnesses out of three for their examination. That application on opposition of the plaintiff was dismissed by the trial Court holding that the list of witnesses was not filed within 15 days after the date on which the issues were settled as required under Order 16, Rule 1. The petitioner aggrieved of the order, preferred a revision which was also dismissed; hence the petitioner has approached this Court under Article 227 of the Constitution of India for quashing of the two orders and for a direction to the trial Court to issue summonses to the two witnesses for their attendance in Court.2. Shri R. D. Jain, learned counsel for petitioner, ...
Rameshwar and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-15-1992
Reported in: 1993CriLJ2004
A.R. Tiwari, J.1. This appeal is directed against the Judgment rendered by the Second Addl. Sessions Judge, Dhar in Sessions Trial No. 89/85 on 31-1-1986 there by convicting each of the appellants under Section 302/34 of the Indian Penal Code and sentencing to suffer imprisonment for life.2. Briefly stated, the facts at the trial were that Kanhaiyalal, the younger brother of the appellant Rameshwar was murdered. This had led to a criminal prosecution. The Sessions Court in this case had found Dulesingh (PW 1), Ramkishan (PW2) and Harisingh (the deceased in the present case) guilty of the offence punishable under Section 302/34 of the Indian Penal Code and convicted each of the aforesaid accused persons to suffer imprisonment for life. On appeal, the execution of sentence was suspended. They were ordered to be released on bail. The appellant Rameshwar wanted to take revenge. On 14-3-1985, the deceaesd Harisingh was bringing wheat in his bullock-cart from his field. His brother Dulesingh...
New India Assurance Co. Ltd. Vs. Ramdeen and ors.
Court: Madhya Pradesh
Decided on: Oct-15-1992
Reported in: 1993ACJ1294
T.N. Singh, J.1. This is insurer's appeal against the final award passed on 27.2.1988 under Section 110-B, Motor Vehicles Act, 1939, for short, 'the Act'. An application under Section 110-A of the Act was filed claiming compensation in the sum of Rs. 2,12,000/-. During the course of trial of that application, on 22.12.1987, an order of interim compensation was passed in the sum of Rs. 15,000/-, invoking the provisions of Section 92-A of the Act. However, when final award was passed to enforce liability on 'fault', the Tribunal found that negligence of the driver of the offending motor vehicle was not proved and, therefore, the claim was dismissed. Admittedly, the order dated 22.12.1987 has remained unchallenged so far. Admittedly, also, there is no cross-objection in this appeal for enhancement of the compensation to enforce liability on 'fault'.2. Insurer's counsel, Mr. V.K. Sharma, submitted that Section 92-A was not born when the (Sic. accident took place and the) order dated 22.12....
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