Madhya Pradesh Court November 1992 Judgments
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Satish Kumar Vs. Shashi Prabha
Court: Madhya Pradesh
Decided on: Nov-12-1992
Reported in: I(1993)DMC431; II(1994)DMC406
Dharmadhikari, J.1. This appeal has been filed by the husband against the order dated 23-1-1991 of the Trial Court refusing the grant of decree of divorce to the husband on the ground of desertion.2. The marriage took place on 8.5.1985 at Mandla. At the time of marriage the wife was employed and is still in employment in collectorate at Mandla. The husband was unemployed. He got employment first at Mandla in the year 1986. Since August 1986 he is in employment in N.T.P.C. in Vindhyachal in district Sidhi. The case of the husband is that the wife deserted him in March 1986 and inspite of repeated efforts refused to join him at Sidhi where he is posted.3. The wife contested the petition for divorce taking a plea that she suffered ill-treatment from the husband and members of his family on demands of dowry.4. The learned Judge of the Trial Court did not accept the case of the husband that the wife was guilty of desertion.5. It is to be mentioned that the husband in support of his case exa...
Rajkumari Wd/O Chhotelal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-12-1992
Reported in: 1993(0)MPLJ465
R.C. Lahoti, J.1. The plaintiff/appellants have come up in appeal aggrieved by the judgments and decrees of the Courts below directing a suit for declaration and issuance of permanent preventive injunction to be dismissed as permature.2. There is a temple situated at Datia adorned by the idol of Lord Hanumanji. Proceedings for registration of the temple as public trust have been initiated by the Registrar of Public Trusts, Datia, registered as 1/113-B/74-75. The proceedings have just been commenced and are yet pending. The plaintiffs filed a suit alleging that the temple and the building constituting the temple were all private properties of the plaintiffs and hence the Registrar of Public Trusts did not have jurisdiction either to register it as public trust or to interfere with the management thereof. In the written statement all the material plaint averments were denied and it was also submitted that the suit was premature. The plea of the defendant has prevailed with the Courts bel...
M.P. Electricity Board Vs. Bhona
Court: Madhya Pradesh
Decided on: Nov-12-1992
Reported in: II(1993)ACC121; 1994ACJ58
M.W. Deo, J.1. M.P. Electricity Board has filed this appeal against a decree for Rs. 72,000/- as compensation on account of death of the son of the respondent by electrocution due to negligence of the employees of the Electricity Board.2. The material facts alleged in the plaint are that M.P. Electricity Board had established an electric line with a pole in the grassland of defendant Madholal. The pole had fallen down and so the electric wires charged with electricity were lying on the land. Omprakash, aged 10 years, was the son of the respondent and had gone to graze the cattle. Omprakash stepped on to the charged electric wires and became unconscious due to its shock which proved fatal. The father of the deceased claimed a compensation of Rs. 1,80,000/- on the footing of Rs. 10/- as minimum wages loss for full span of 50 years of child Omprakash.3. The defendant Electricity Board filed written statement with innocuous denial for want of knowledge. Defendant No. 3, the Electric Inspec...
Umesh Kumar Tiwari Vs. Shashi Tiwari
Court: Madhya Pradesh
Decided on: Nov-11-1992
Reported in: I(1993)DMC230
Gulab Chand Gupta, J.1. The appellant-husband feels aggrieved by the judgment and decree dated 11-2-91 passed by Shri P.N. Parashar, Third Additional District Judge, Bhopal in Civil Suit No. 343-A/90 dismissing his unit for dissolution of marriage and challenges legality and validity thereof in this appeal filed under Section 28 of the Hindu Marriage Act, 1955.2. That the parties are legally married husband and wife does not seem to be in dispute. That they are living separately at present is also not in dispute. The appellant plaintiff alleged that the respondent wife has left his home on 22-2-89 without his permission and has refused to come back. He further alleged that during the period they lived together, the respondent wife had treated him with cruelty. He therefore claimed divorce on the ground of desertion and cruelty. The respondent wife denied all allegations made against her in the plaint and submitted that she had been ever willing end is still willing to go back to the ap...
Devi Prasad Yadav Vs. Bhaiyaram and ors.
Court: Madhya Pradesh
Decided on: Nov-09-1992
Reported in: 2(1993)ACC62
P.P. Naolekar, J.1. The appellant/Claimant Devi Prasad Yadav filed a petition before the Motor Accidents Claims Tribunal, Seoni under Section 110-A of the Motor Vehicles Act Claiming compensation of Rs. 1,20,000/- as damages for the injuries sustained by him in an accident that occurred on 24.12.1983 by Jeep CPZ 1871 driven by respondent No. 1 Bhaiyaram and owned by respondent No. 3 State of M.P.2. The Claims Tribunal assessed the damages at Rs. 31,500/-. However, the Tribunal was of the opinion that the appellant failed to prove that the injuries were sustained on account of the accident by Jeep No. CPZ 1871 driven by respondent No. I Bhiayaram and owned by respondent No. 3 the State. The aforesaid finding was arrived by the Tribunal on the ground that the First Information Report made by Devi Prasad (A.W. 1) does not contain the name of the driver or the number of the vehicle, although it is stated by Devi Prasad in his statement in Court that he knew Bhaiyaram from before. The Claim...
M.P. State Road Transport Corporation Vs. Dy. Labour Commissioner and ...
Court: Madhya Pradesh
Decided on: Nov-06-1992
Reported in: (1999)IIILLJ1273MP
D.M. Dharmadhikari, J. 1. The petitioner M. P. State Road Transport Corporation, (hereinafter referred to as 'the employer') challenges in this petition under Article 227 of the Constitution of India, the impugned orders Annexure-D, dated June 27, 1980 of the Controlling Authority under the Payment of Gratuity Act, 1972 and Annexure-P dated August 19, 1983 of the appellate authority under the said Act, holding the employee-respondent No. 3 as entitled to payment of gratuity in the sum of Rs. 1,987.50.2. The learned counsel appearing for the petitioner-employer submits that gratuity is payable under the Act to an employee for unblemished service and it can be forfeited if the employee is found to be guilty of a misconduct or of any offence involving moral turpitude. Reliance is placed by the learned counsel on the provisions contained in Section 4 (6) (b) of the Act and the decision of the Supreme Court in the case of The Management of Tournamulla Estate v. Workmen 1973 AIR SC 2344. The...
Ramratan Vs. Lata Bai
Court: Madhya Pradesh
Decided on: Nov-06-1992
Reported in: I(1993)DMC1
R.P. Awasthy, J.1. The appellant named above has filed the present appeal against the judgment dated 27-7-90 delivered by Shri A.S. Naidu, First Addl. Judge to the court of Distt. Judge, Balaghat. By virtue of the said judgment and decree the petition filed by the petitioner/appellant under Section 13 of the Hindu Marriage Act (Act in short) for granting a decree of divorce against the non-applicant/respondent Smt. Latabai was dismissed.2. It was not in dispute that the appellant was married to respondent on 1-3-79 at village Sondbar according to Hindu rites. After the marriage (be non-applicant came to reside with the appellant at Balaghat. The father of the non-applicant had purchased a house at village Hirri in which house the petitioner, non-applicant and the parents of the petitioner started residing. At the lime of marriage of non-applicant with the petitioner, the petitioner was studying in II year of Bachelor of Science degree. No issue was born out of the said wedlock. In the ...
Ashok Kumar Motilal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-06-1992
Reported in: 1994(0)MPLJ504
A.R. Tiwari, J.1. This appeal is preferred by the convict against the judgment rendered by the Second Addl. Sessions Judge, Shajapur in Sessions Trial No. 34/85 recording conviction under Section 302 of the Indian Penal Code and also under Section 25(l)(a) and Section 27 of the Arms Act and sentence of life imprisonment as also the Rigorous Imprisonment for six months and one year respectively under the aforesaid, sections.2. Homicidal death, concluded trial Court. Accidental death, canvassed defence. This in essence is the issue in this appeal. The tragic element lies in the fact that a friend has lost life at the hands of another friend. This points the poignancy of the issue. The venue is the temple. What a way to make one lose life almost like oblation in a holy place through unholy act?3. Briefly stated, the prosecution story at the trial was that the appellant, deceased and few others had gone to the temple on the day of RAM NAVMI i.e. 3-10-1984. A small contribution was demanded...
United India Insurance Co. Ltd. Vs. Chetan Chand JaIn Chaudhary and or ...
Court: Madhya Pradesh
Decided on: Nov-06-1992
Reported in: 2(1993)ACC16
P.P. Naolekar, J.1. One Arvind Kumar Jain, aged about 18 years, boarded truck No. KLF 7931 belonging to Tarapore & Co. (Respondent No. 2), driven by Indrajeet Singh (Respondent No. 3) and insured with the appellant United India Insurance Co. Ltd. is said to have met any accident and Arvind Kumar Jain the d as a result of this accident. His father Chetan Chand Jain filed an application before the Motor Accident Claims Tribunal, Jabalpur for compensation. The Claims Tribunal has given an award of Rs. 26,000/- with interest jointly and severally against the respondents. The present appeal is filed by the Insurance Company contending that Arvind Kumar Jain was a gratis passenger in the truck which met with the accident and as a result of which Arvind Kumar Jain the d and the Insurance Company is not liable for payment of any compensation. If has been held in Kallu Maharaj v. Meena Bai 1989 M.P.L.J. 387 : II (1989) ACC 547 MP (FB) that a person boarding a truck cannot be held to be travelli...
Tarapore and Co. Vs. Paira Bai and ors.
Court: Madhya Pradesh
Decided on: Nov-06-1992
Reported in: II(1994)ACC295
P.P. Naolekar, J.1. This judgment shall also dispose of Misc. Appeal No. 150 of 1987 Tarapore & Co. v. Chetan Chand Choudhary and Ors.2. One Arvind Kumar Jain and Mithoolal Mallah boarded truck No. KLF 7931 belonging to the appellant M/s. Tarapore & Co. and driven by Indrajeet Singh. The truck met with an accident and as a result thereof Arvind Kumar Jain and Mithoolal died. Petitions for compensation were filed by Chetan Chand Jain (father of Arvind Kumar Jain) and the legal representatives of Mithoolal. The Claims Tribunal has granted an award of Rs. 26,000/- on account, of the death of Arvind Kumar Jain and Rs. 32,000/-on account of the death of Mithoolal. These appeals have been filed by the owner of the truck M/s. Tarapore & Co. on the ground that the deceased persons were forced passengers in the truck owned by the appellant and, therefore, there was contributory negligence on part of the deceased persons and yet compensation was awarded by the Claims Tribunal against the appella...
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