Madhya Pradesh Court August 1992 Judgments
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Shashikala Bai Sharma Vs. Durga Prasad
Court: Madhya Pradesh
Decided on: Aug-07-1992
Reported in: I(1993)DMC126
R.D. Shukla, J.1. This appeal is directed against the judgment and decree dated 14-3-91 of the Additional District Judge, Barwani passed in Civil Case No. 15-A/89 whereby the respondent-husband has been granted a decree of divorce on the ground of desertion.2. In brief the undisputed facts of the case are that the husband filed a petition on 21-S-87 with the assertions that the petitioner and respondent were married on 7-5-71. There was consummation of marriage. Both of them lived together for some time. However, they developed relations as such respondent (appellant here) filed an application under Section 125 of the Code of Criminal Procedure for maintenance. There was a compromise between the parties. Thereafter, both of them lived together at Kasarawad and Bediya. The last place where they lived together was Bediya-where the husband-petitioner is working as a teacher. There was exchange of notice between the panics. In the reply of the notice appellant-wife offered to live-with her...
Smt. Shanti Devi Vs. Smt. Kamlabai
Court: Madhya Pradesh
Decided on: Aug-06-1992
Reported in: AIR1993MP169; 1994(0)MPLJ429
P.P. Naolekar, J. 1. Plaintiff-appellant filed a suit for ejectment of the respondent from House No. 526 Kabirdas, Ward Chhindwara on the allegations that suit premises was let out to Munalal about 20 years back, and after his death the respondents have become tenants of the premises on the monthly rent of Rs. 20/-. It is alleged that the suit accommodation is used for residential and non-residential purposes. The respondents have also opened a shop manufacturing Ice Candi.That the accommodation is required for residence and for opening a shop of her son Sanjay Kumar, who is residing in a tenated house and carrying on his business from a shop taken on lease. The landlady does not have any other suitable accommodation in the city of Chhindwara for the purpose, the ejectment is sought for.2. The respondent denied the need as alleged in the plaint. It is alleged that the suit accommodation is used for residential purposes of the respondents only and not for non-residential purpose. The Ho...
Prakash Udasi Vs. Ashadevi Devani
Court: Madhya Pradesh
Decided on: Aug-05-1992
Reported in: II(1992)DMC481
R.D. Shukla, J.1. This appeal is directed against the judgmentorder dated 9.1.92 of the Additional District Judge, Indore passed in HinduMarriage Case No. 769/91 whereby the appellant-husband has been restrainedfrom contracting the second marriage during the pendency of the applicationunder Order 9 Rule 13 C.P.C. for setting-aside the ex-parte decree passedagainst the wife-respondent vide Civil Suit No. 768/91.2. It is an admitted fact that on a petition filed by the appellant husband the respondent-wife was proceeding ex-parte. Thereafter, the respondent-wife filed an application for setting-aside the ex-parte decree under Order9 Rule 13 CPC. The same is still pending before the Court.3. During the pendency of that application the respondent-wife filedan application for temporary injunction against the husband and sought a direction that the husband-appellant be restrained from contracting second marriageduring the pendency of the said application.4. Learned Addl. District Judge vide ...
Madhya Pradesh State Road Trans. Corpn. Vs. Laxmi
Court: Madhya Pradesh
Decided on: Aug-05-1992
Reported in: I(1993)ACC349; 1993ACJ1273
M.W. Deo, J.1. This appeal is by owner of the motor vehicle against an award of Rs. 1,85,822.66 with interest at 12 per cent per annum in favour of respondent on account of injury to the left leg resulting in permanent disability.2. Briefly stated the undisputed facts of the case are that on 9.10.1979 a bus bearing registration No. MPC 7714 belonging to the appellant went out of order and, therefore, it was being towed by another bus bearing registration No. MPW 9256 also owned by the appellant and driven by its servant Kalusingh, appellant No. 2. It is also not in dispute that the bus which was towed and was in the rear hit the claimant causing injury to her left leg.3. Briefly stated the claim of the respondent-claimant was that the driver of the front bus drove it rashly and negligently and suddenly applied brakes on a busy Agra-Bombay Road at Indore with the result that the bus tied behind lost its direction, went to the left side and hit the claimant.4. The aforesaid allegation of...
Ramlal Prabhulal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-04-1992
Reported in: 1994(0)MPLJ165
A.R. Tiwari, J.1. This appeal is filed by 28 persons, who stand convicted under Sections 302/149 of the Indian Penal Code on two counts that is for committing murder of Ramnarayan and Ramesh and sentenced to suffer imprisonment for life on each count and to pay fine of Rs. 300/- each and in default to suffer Rigorous Imprisonment for three months on each count with a direction that both the sentences shall run concurrently, in Sessions Trial No. 21 /85 by the judgment dated 8-9-1990 rendered by Addl. Sessions Judge, Rajgarh (Biora). Widows or legal representatives in their absence of each deceased have been directed to be paid a sum of Rs. 3,000/- out of the fine deposited or realised as compensation.2. The appellant Laxminarayan, who is also one one of the appellants in Criminal Appeal No. 450/90, has also preferred a separate appeal No. 424/90 against the aforesaid judgment.3. This judgment will govern the disposal of Criminal Appeal No. 424/ 90 also.4. Adumberated in brief, the fact...
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