Madhya Pradesh Court February 1992 Judgments
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Smt. Geeta Kathpalia Vs. Hemant Kathpalia
Court: Madhya Pradesh
Decided on: Feb-29-1992
Reported in: AIR1992MP281; 1993(0)MPLJ411
ORDERShacheendra Dwivedi, J.1. This petition under Section 24 of the Civil Procedure Code is filed by defendant/wife, seeking transfer of Civil Suit No. 22-A/88, filed by non-petitioner under Section 12(1)(b) and Section 13(1)(ia) and (iii) of the Hindu Marriage Act, pending in the Court of 5th Additional District Judge, Bhopal, to an appropriate Court at Gwalior.2. Facts leading to the filing of this petition may be briefly stated. The petitioner is a legally wedded wife of the non-petitioner, and their marriage took place at Bhopal on 28-11-85. The petitioner and the non-petitioner are stated to have lived together till 18-6-86. On 19-6-86, the petitioner delivered a female child, now named Dolly.3. In the above suit, a written statement has been filed, and is being contested by the petitioner. In that suit an application under Section 26 of the, Hindu Marriage Act for taking the custody of Dolly, the minordaughter, was moved by the non-petitioner, which was dismissed on 27-6-90, by ...
Narbada Vs. Sureshchandra Mittal and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1992
Reported in: AIR1993MP26
S.K. Dubey, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short, the 'Act') for enhancement of compensation, awarded on 25-9-1984, in Claim Case No. 83/1983, by the Third Additional Motor Accidents Claims Tribunal, Indore (for short, the 'Tribunal'). 2. The facts of this case are not in dispute, nor the owner, the driver and the Oriental Fire and General Insurance Company Ltd., (for short, the Insurance Company') have challenged the award on any of the findings recorded against them. 3. At the relevant time of accident on 7-10-1983, the claimant, a girl, aged about 11 years, a student of Class IV, was dashed by a motor vehicle (Car No. CPO 503), driven by respondent No. 2, owned by respondent No. 1, and insured with the Insurance Company/ respondent No. 3; as a result of that, the claimant received a fracture compound of tibia and fibula of right leg lower 1/3rd. She was taken to the M. Y. Hospital, Indore, where she was admitted as an indoor patient;...
Gopibai Manaklal and ors. Vs. Mohammed HussaIn and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1992
Reported in: AIR1993MP21; 1992(0)MPLJ757
R.C. Lahoti, J.1. The defendants have come up in appeal aggrieved by the judgments and decrees of the Courts below directing a suit for redemption of mortgage to be decreed.2. The suit was filed by the two daughters and a son of late Haidarali. The relationship of Haidarali with late Hasanali as set out in plaint para 1 was as under:-- Nazarali ___________________________________________________________ | | | | Haidarali Rajabali Kalabhai Hasanali __________________________________________________________ | | | Hussainabai Mod Hussain SugrabaiOn 24-6-1932, late Hussanali made a mortgage with possession of the house with late Nandram and his two sons namely, Manaklal and Motilal. According to the plaint allegations, late Nandram had expired four to five years prior to the institution of the suit. The suit having been instituted on 19-7-67, the time of death of late Nandram would be somewhere in the year 1962 or 1963. The suit was instituted impleading Manakal and Motilal as defendants N...
Gangaram Vs. the Municipal Counsel, Nagar Palika, Neemuch and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1992
Reported in: AIR1992MP303; 1993(0)MPLJ550
R.C. Lahoti, J.1. This judgment shall also govern the disposal of Second Appeal No. 25/74 (Smt. Seriubai v. Municipal Council, Neemuch) arising in similar facts and raising similar questions for decision.Facts relating to S.A. No, 277/72 :2. S.A. No. 277/72 is by Gangaram S/o Bharaji resident of Neemueh, who having expired, his legal representatives have been brought on record. The suit was filed seeking a declaration that the plaintiff was a pakkatenent of garden No. 12 situated within-limits of Neemueh Municipality and that recovery of Rs. 4,384/- from the plaintiff was void, with consequent injunction restraining the recovery. According to the plaintiff though the land was held by him as a lessee of the Neemueh Municipality; but by operation of law he had become Bhumiswami; the land being in reality owned by the State, the Municipality having no right and title therein and hence any demand on account of rent payable under the lease at the instance of the Neemueh Municipality was nul...
Bakatawar Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1992
Reported in: AIR1992MP318; 1992(0)MPLJ953
1. By this petition under Article 226 of the Constitution, the petitioner has made a prayer for directing the respondent No. 2 the Madhya Pradesh Electricity Board, (in short, the 'Board'), to reconsider the tenders, including that of the petitioner, but excluding the one submitted by the respondent No. 4 M/s D.C. Industrial Plants Services Ltd., (in short, the 'DCIPS'), 'for complete Design, Manufacture, Assembly, Testing at Manufacturer's work, Supply, Handling all along, Erection, Testing and Commissioning etc. of Ash Handling System for Sanjay Gandhi Thermal Power Station (2 x 210 MW) at Birsinghpur Pali-P.O., Distt. Shahdol (M.P.) as fully described in Tender Specification' in response to its tender notice dated 23-5-1990 (Annexure D), as amended by Addendum dated 4-9-1990 (Annexure F); after quashing its decision dated 14-6-1991 (Board's Annexure 5) for awarding the contract to the respondent No. 4 DCIPS and the Letter of Intent dated 21-6-1991 (Annexure J) issued in its favour.2...
Badrilal and ors. Vs. Rampyari and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1992
Reported in: AIR1992MP231
R.C. Lahoti, J.1. One set of defendants, consisting of defendants Nos. 2 to 9, hascome up in appeal, aggrieved by the judgments and decrees of the two courts below, directing the suit filed by the plaintiff/ respondents Nos. 1 to 4 to be decreed in part granting a decree of declaration of title with respect to the part of the suit property, also declaring plaintiffs' entitlement to take water from the two wells proportionate with certain shares. The trial Court has held that the four plaintiffs with Mangilal, the defendant No. 1 are Bhumiswamis of the land described in para 12(a) of the plaint, also entitled to have their names mutated in the revenue papers accordingly, that the plaintiffs are entitled to take water from the well S. No. 164 to the extent of 1/4th; that S. No. 443 area 3 acres 8 decimal had fallen to the share of the plaintiffs and Mangilal the defendant No. 1 and they were the Bhumiswamis entitled to have their name mutated in the revenue papers; that the plaintiffs we...
Asha Choudhary Vs. Rajesh Kumar
Court: Madhya Pradesh
Decided on: Feb-28-1992
Reported in: II(1992)DMC420
S.K. Dubey, J.1. This appeal under Order 43 Rule l(d) of theCode of Civil Procedure, read with Section 28 of the Hindu Marriage Act, 1955(for short the 'Act'), is against the order dt. 24.10.89 passed in Misc. CivilCase No. 7/1987, whereby the District Judge, Dewas dismissed the applicationof the appellant/defendant under Order 9 Rule 13, C.P.C, for setting aside theex-parte decree dated 19.3.1987 passed for dissolution of marriage in Civil SuitNo. 24-A/86.2. Brief facts leading to this, appeal are thus: that the respondentplaintiff, the husband of the appellant/defendant, instituted a suit Under Section13(1) (ia) & (ib) of the Act for dissolution of marriage. Of the suit the summons were not served in the ordinary manner as well as by the registered post. The registered envelope was received back with the postal endorsement of 'incomplete address'. On the application of the respondent, under Order 5 Rule20 (1-A) of C.P.C. the Court ordered for effecting service by way of publication. ...
Narmada Vs. Suresh Chandra Mittal and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1992
Reported in: II(1992)ACC53
ORDERS.K. Dubey, J. 1. This is an appeal under Section 110-B of the Motor Vehicles Act, 1939 (for short, the 'Act' for enhancement of compensation, awarded on 25.9.1984, in Claim Case No. 83/1983, by the Third Additional Motor Accidents Claims Tribunal, Indore (for short, the 'Tribunal').2. The facts of this case are not in dispute, nor the owner, the driver and the Oriental Fire and General Insurance Company Ltd., (for short, the 'Insurance Company') have challenged the award on any of the findings recorded against them.3. At the relevant time of accident on 7.10.1983 the claimant, a girl, aged about 11 years, a student of Class IV, was dashed by a Motor Vehicle (Car No. CPO 503), driven by respondent No. 2, owned by respondent No. 1, and insured with the Insurance, Company/ respondent No. 3, as a result of that, the claimant received a fracture compound a tibia and fibula of right lag lower 1/3rd. She was taken to the M.Y. Hospital, Indore, where she was admitted as an indoor patient...
Rukmanibai Vs. Bismillabai
Court: Madhya Pradesh
Decided on: Feb-27-1992
Reported in: AIR1993MP45
S.K. Dubey, J. 1. This is an appeal by the appellant/objector under Section 384 of the Indian Succession Act, 1925 (for short, the 'Act') against the order dated 16-3-1982, passed in Succession Case No. 23/1981, by the Ninth Additional Judge to the Court of District Judge, Indore (for short, the 'Succession Court'), granting succession/certificate to the respondent for the debts and securities left by deceased Babu. 2. The material facts leading to this appeal are thus : Deceased Babu son of Nathu was employed in the Rajkumar Mills; Indore, who died on 28-5-1980, having left Rupees 15,000/- in his Provident Fund Account with the Regional Provident Fund Commissioner, Indore, and Rs. 10,000/- as EDLI Benefits; the deceased in his lifetime renounced his Hindu religion and converted himself to a Mahomedan. The respondent Bismillabai, the daughter of the deceased, applied under Section 372 of the Act for the grant of succession certificate. To that the appellant objected and prayed for the ...
Y.S.R. Anjanayulu Vs. Jawaharlal Nehru Krishi Vishwavidyalaya
Court: Madhya Pradesh
Decided on: Feb-27-1992
Reported in: (1993)ILLJ858MP; 1992(0)MPLJ518
ORDERK.L. Issrani, J.1. This is a petition under Articles 226/227 of the Constitution of India, by which the petitioner seeks to challenge the legality and validity of the order of compulsory retirement dated October 24, 1990 passed by the Vice-Chancellor of the respondent University. 2. According to the petitioner, the age of retirement is 60 years as per Section 14 of the Vishwa Vidyalaya Statute, 1964 (hereinafter called the Statute). He is aged 56 years only and has been made to retire by order dated October 24, 1990 (Annexure 'A') with immediate effect without any justification resorting to the provisions of Section 11(4)(i) of the Statute and Fundamental Rule 56(a)(3). According to the petitioner, as per Section 11 of the statute, one can be retired on attaining the age of 55 years or on completion of 25 years of qualifying service on three month's notice, without assigning any reason, or pay in lieu thereof, provided his retention is found to be not in public interest or in the ...
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