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Madhya Pradesh Court March 1992 Judgments

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Mar 20 1992

Rajendra Singh Vs. Surendra Singh

Court: Madhya Pradesh

Decided on: Mar-20-1992

Reported in: 1992(0)MPLJ650

ORDERS.K. Dubey, J.1. This revision under Section 397 of the Code of Criminal Procedure (for short the 'Code'), is against the order dated 25-3-1987, passed' by First Additional Sessions Judge, Morena, in Criminal Revision 171/85 preferredagainsttheorderdated4-9-1985passedinCriminalCaseNo. 191/84bythe2. Facts leading to this revision are thus : the non-petitioner/complainant Dr. Surendra Singh and the petitioner/accused Rajendra Singh are real brothers. The non-petitioner filed a complaint under Sections 420 and 467 of the Indian Penal Code (for short the 'IPC') and Section 45 of the Advocates Act, 1961 (for short the 'Act') against the petitioner on the allegations that the pettitioner/accused was a Deputy Ranger, who was convicted and sentenced for an offence under Section 409, IPC on 31-7-1964 in Criminal Case No. 202/64 by the Additional District Magistrate (Judicial), Tikamgarh, that conviction and sentence were maintained by the High Court. The petitioner after manipulating the p...


Mar 20 1992

Rajendra Singh Vs. Dr. Surendra Singh

Court: Madhya Pradesh

Decided on: Mar-20-1992

Reported in: 1992CriLJ3749

ORDERS.K. Dubey, J.1. This revision under Section 397 of the Code of Criminal Procedure (for short the 'Code'), is against the order dated 25-3-1987, passed by First Additional Sessions Judge, Morena, in Criminal Revision 171/85 preferred against the order dated 4-9-1985 passed in Criminal Case No. 191/84 by the Judicial Magistrate, First Class, Morena.2. Facts leading to this revision are thus the non-petitioner/complainant Dr. Surendra Singh and the petitioner/accused Rajendra Singh are real brothers. The non-petitioner filed a complaint Under Sections 420 and 467 of the Indian Penal Code (for short the 'IPC') and Section 45 of the Advocates Act, 1961 (for short the 'Act') against the petitioner, on the allegations that the petitioner/accused was a Deputy Ranger, who was convicted and sentenced for an offence Under Section 409 IPC on 31-7-1964 in Criminal Case No. 202/64 by the Additional District Magistrate (Judicial), Tikamgarh, that conviction and sentence was maintained by the Hi...


Mar 18 1992

Mahendra Sharda Vs. Rekha

Court: Madhya Pradesh

Decided on: Mar-18-1992

Reported in: II(1992)DMC320

A.G. Qureshi, J.1. This appeal arises out of an application ofdivorce filed by the appellant Under Section 13 of the Hindu Marriage Actagainst the respondent Rekha (wife) on the ground of desertion and mentalcruelty.2. The case of the appellant in the lower Court was that both theparties are employed as teachers in the Education Department. The appellant is resident of Sanawad and the respondent is resident of DakhalgaonThey both are Hindu Brahmins and were married in Sanawad in themonth of May, 1980. At the time of the marriage the appellant was postedat Khargone, whereas the respondent was posted at another station.After the marriage the respondent resided with the appellant till June, 1980 ashusband and wife. Thereafter she deserted the appellant clearly saying thatshe will not return to the house of her husband and thereafter through herbehaviour had been of causing mental torture and cruelty to the husbandand the members of his family.3 The respondent Smt. Rekha denied all the all...


Mar 18 1992

Sureshchand Vs. Phulsingh and ors.

Court: Madhya Pradesh

Decided on: Mar-18-1992

Reported in: 1995ACJ262

V.D. Gyani, J.1. This appeal is directed against award dated 5.10.1983 passed by the Member, Motor Accidents Claims Tribunal, Rajgarh, in claim case No. 22 of 1980 thereby dismissing appellant's claim on the ground that the claimant-appellant had failed to prove negligence of tractor driver, respondent No. 2.2. Briefly stated, the facts of the case are:That on 6.9.1979 respondent No. 2 was driving a tractor bearing registration No. CPC 8689, a trolley was also attached to it. The claimant-appellant was engaged on daily wages along with other labourers. Respondent No. 2 was driving the tractor while the appellant was sitting in the trolley. On the date of accident it had gone about 8 or 9 miles ahead of Pachore for transporting gitty. The tractor got stranded in a nalla near Bheelkheda. The appellant was asked by respondent No. 2 to remove the rod of the trolley. In his bid to remove the same the respondent No. 2, acting unmindful and negligent of the fact whether the rod had been remov...


Mar 18 1992

Sureshchand Vs. Phul Singh and ors.

Court: Madhya Pradesh

Decided on: Mar-18-1992

Reported in: II(1995)ACC285

V.D. Gyani, J.1. This appeal is directed against award dated 5.10.1983 passed by the Member, Motor Accidents Claims Tribunal, Rajgarh, in claim Case No. 22 of 1980, thereby dismissing appellant's claim on the ground that the claimant-appellant had failed to prove negligence of tractor driver, respondent No. 2.2. Briefly stated, the facts of the case are :That on 6.9.1979 respondent No. 2 was driving a tractor bearing registration No. CPC 8689, a trolley was also attached to it. The claimant-appellant was engaged on daily wages along with other labourers. Respondent No. 2 was driving the tractor while the appellant was sitting in the trolley. On the date of accident it had gone about 8 or 9 miles ahead of Pachore for transporting gitty. The tractor got stranded in a nalla near Bheelkheda. The appellant was asked by respondent No. 2 to remove the rod of the trolley. In his bid to remove the same the respondent No. 2, acting unmindful and negligent of the fact whether the rod had been rem...


Mar 17 1992

Rajendra Agrawal Vs. Smt. Sharda Devi

Court: Madhya Pradesh

Decided on: Mar-17-1992

Reported in: AIR1993MP142

Shacheendra Dwivedi, J.1. The husband/appellant has preferred this appeal against the judgment and decree passed by the Court below thereby dismissing the suit filed by him under Sections 13(1)(i) and 13(1)(ia) of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act').2. The facts leading to the filing of this appeal fall within a short compass. The petitioner/husband filed the suit against his wife-defendant/respondent, alleging that she is a cruel and characterless woman having illicit relations with many persons and with one Mohan Shivhare in particular. The other ground taken was that of 'cruelty' and the learned Court below found that the plaintiff could not succeed on both the counts in proving the suit allegations against the respondent/defendant and as such dismissed the suit, by the impugned judgment.3. Shri K. K. Lahoti, appearing for the appellant contends that the impugned order is bad in law, mainly based on the mis-appreciation of document Ex.P1 executed by ...


Mar 17 1992

Vishnu Prasad Tiwari Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Mar-17-1992

Reported in: II(1993)DMC127

Faizan Uddin, J.1. In this Criminal Appeal, the appellant has challenged his conviction under Section 302 of the Indian Penal Code for which he has been sentenced to undergo life imprisonment by the Sessions Judge, Durg, in Sessions Trial No. 78 of 1985.2. The deceased Mst. Ratna Bai was daughter of Radheshyam (P.W. 1). Ratnabai was married to the appellant on 10-3-1984 and at the relevant time, she was living with the appellant in Mohalla Ramnagar in the town of Bhilai as a tenant in the house of Heeraji (P.W. 3). It is said that after the marriage of Ratnabai with the appellant, she was harassed and more often beaten by the appellant. She used to often report the misbehaviour of the appellant towards her to her parents as well as to the wife of the landlord Heeraji. According to the prosecution, on 17-3-1985 between 8.00 p.m. to 9.00 p.m. when the deceased Ratnabai was cleaning the utencils after taking the dinner, her cries for help were heard by the landlord Heeraji (P.W. 3) and ot...


Mar 17 1992

Oriental Insurance Co. Ltd. Vs. Munni Devi and ors.

Court: Madhya Pradesh

Decided on: Mar-17-1992

Reported in: II(1993)ACC565; 1993ACJ618

T.N. Singh and R.C. Lahoti JJ.1. Heard counsel. This is a very short matter, hanging fire for a long time. An order was passed on 8.4.1991 in this petition to be heard on 8th of May, 1991. Apparently, therefore, early hearing application is made and that we are bound to allow and bound also to take up hearing for immediate disposal.2. It is insurer's appeal and the only contention pressed is that in terms of statutory provisions and also the provisions of the insurance policy, appellant's liability be reduced to Rs. 50,000/-. Although an award in the sum of Rs. 70,000/- is passed, taking the view that insurer's statutory limit of liability is Rs. 75,000/-, the entire liability under the award is saddled on the appellant.3. The accident took place on 20.4.1985 and it cannot be disputed that on that date, in terms of the statutory provisions of Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939, for each passenger carried for hire or reward in the vehicle involved in the accident, the ...


Mar 16 1992

Rameshwar Prasad Vs. Municipal Corporation

Court: Madhya Pradesh

Decided on: Mar-16-1992

Reported in: 1992(0)MPLJ764

K.L. Issrani, J.1. The present appeal arises out of the judgment and decree dated 25-9-1984, passed by Shri S. K. Tiwari, Additional Judge to the Court of District Judge, Sagar, in Civil Appeal No. 41-A of 1984 arising out of the judgment and decree dated 23-12-1983, passed by the Second Civil Judge, Class II, Sagar, in Civil Suit No. 72-A of 1974.2. The Municipal Corporation, Sagar, had filed a Civil Suit for ejectment against the appellant on the ground that the appellant was tenant in the suit premises at the rate of Rs. 5/- per month. The appellant has failed to pay arrears of rent. The premises were also in a dilapidated condition. The suit property was an evacuee property belonging to an evacuee and the said property was purchased by the respondent Corporation in an auction from the Central Government under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter called the 1954 Act). In the alternative, it was submitted that in case it is ...


Mar 13 1992

Santosh Kumar JaIn Vs. Shambhulal Krishna Kumar Suhane

Court: Madhya Pradesh

Decided on: Mar-13-1992

Reported in: AIR1993MP46; 1993(0)MPLJ260

Gulab C. Gupta, J. 1. This judgment will also govern the disposal of Second Appeals Nos. 371/87, 372/87 and 389/87 which raise common questions of fact and law for decision of this Court. These are plaintiffs appeals under Section 100, C.P.C. challenging the legality and validity of judgment and decree dated 27-7-1987 passed by Addl. District Judge Kami in Civil Appeals Nos. I9-A/82, 20-A/ 82,18-A/ 82 and 2 J -A/ 82, reversing the judgment and decree passed by the Second Civil Judge Class II, Mudwara in Civil Suits Nos. 171-A/78, 172-A/78, 178-A/78 and 179-A/78 dated 30-4-82 and dismissing the appellant's suit for eviction. 2. Facts covering controversies between the parties and necessary for decision of these appeals are that Sumerchand Jain, the father of the appellants, had let out the suit accommodation, consisting of a shop bearing House No. 27 and godown in the same premises to the defendant by creating two separate tenancies in his favour. The shop was first let out on a rent of...


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