Madhya Pradesh Court September 1992 Judgments
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Gurbachansingh Vs. Vimlabai
Court: Madhya Pradesh
Decided on: Sep-30-1992
Reported in: AIR1993MP135
R.C. Lahoti, J.1. The defendant-tenant, appellant herein, is escaping the decree of ejectment indeed by a hair's breadth.2. The plaintiff/ respondent filed a suit for the ejectment of defendant/appellant on the grounds allegedly available under Clauses (a), (c), and (n) of Sub-section (1) of Section 12 of M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act', for short). The two courts below have found the grounds under Clauses (c) and (n) not to be available to the appellant. In so far as the ground under Clause (a) is concerned, the trial Court held that the provisions of Section 13 were complied with. During the pendency of the landlord's appeal before the lower appellate Court, the tenant defaulted in making deposits pending appeal and hence the lower appellate Court allowed the appeal directing ejectment of the appellant, refusing him the benefit of protection against eviction Under Section 12(3), for his failure to comply with the provisions of Section 13 bef...
Smt. Aleamma Vs. Seth Meghraj
Court: Madhya Pradesh
Decided on: Sep-29-1992
Reported in: AIR1993MP165; 1993(0)MPLJ706
Gulab C. Gupta, J. 1. This is tenant's appeal Under Section 100, C P.C. challenging legality of a decree of eviction dated 26-11-84 passed by Shri D. S. Tain, 5th Addl. District Judge, Jabalpur in Civil Appeal No. 5-A of 1983 affirming the judgment and decree dated 24-1-1983 passed by Tenth Civil Judge Class II Jabalpur in Civil Suit No. 74-A/83 directing eviction of the appelhmt from the suit-house.2. It is not in dispute that the appellant is a tenant of our house No. 1 owned by the respondent on a monthly rent of Rs. 21/-having taken the same for residential purpose. It is also not in dispute that she used to live in the said Premises with her husband. Her husband has., since last about 5-6 years of the date of the filing of the suit, started running a Homoeopathic dispensary at the premises. The respondent brought the suit on the ground that the appellant being a servant of P&T; Department had been allotted a Govt. Quarter where she has shifted and thereafter the tenanted premises ...
Rokad Singh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-29-1992
Reported in: 1994(0)MPLJ57
Gulab C. Gupta, J.1. This judgment shall also govern disposal of Cr. Appeal No. 825/87 filed by Co-convict Suresh Kumar alias Chhannu as they relate to the same Judgment of the Addl. Sessions Judge and therefore, deal with common questions of fact and laws Appellants Rokad Singh, Ramkumar and Santosh remained convicted under Sections 148 and 302, Indian Penal Code while all other appellants remained convicted for offences under Sections 148 and 302 read with 149, Indian Penal Code and sentenced to one year's RI and life imprisonment and a fine of Rs. 1,000/- each by Judgment dated 23-6-1987 passed by Shri A. K. Saxena, 8th Addl. Sessions Judge, Jabalpur in S. T. No. 177/85. The appellants are challenging legality and validity of their conviction and sentence by filing these appeals under Section 374(2), Criminal Procedure Code.2. Appellants are alleged to have formed an unlawful assembly to cause death of Sushil alias Vakeel and with the object in view, armed themselves with deadly wea...
Nand Kumar Jham Vs. Food Corpn. of India and ors.
Court: Madhya Pradesh
Decided on: Sep-25-1992
Reported in: (1993)ILLJ1132MP; 1993(0)MPLJ56
ORDERA.R. Tiwari J.1. This is a petition filed under Article 226 of the Constitution of India praying that a writ be issued quashing the order dtd. November 19, 1986 (Annex 'G') and declaring the petitioner to be entitled to continue in service with ancillary reliefs connected with the office. 2. Briefly stated the facts leading to the filing of this petition, are. That on September 30, 1983, the petitioner was working as Technical Assistant, Grade I at Indore, when he was suspended in contemplation of the disciplinary proceedings. On February 14, 1984 a charge sheet was served on the petitioner filed along with petition as Annexure 'B'. An Enquiry Officer for the purpose was appointed by order dtd. April 29, 1984 and an enquiry was conducted pursuant to the aforesaid charge-sheet, lasting from November 12, 1984 to January 31, 1985. The Enquiry Officer, on conclusion of the enquiry, submitted the enquiry report on February 23, 1985 holding the petitioner guilty of behaviour unbecoming ...
Phundi Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-23-1992
Reported in: 1993CriLJ1881
S.K. Chawala, J.1. Appellant Fundi, aged about 52 years, has filed this appeal, challenging his conviction under two heads under Section 302, I.P.C. and sentense of imprisonment for life inflicted for each of the two offences, for committing murders of his own daughters, Kalawati aged 13 years, and Guddi aged 9 years, while they were asleep in his house on the night of 22nd/23rd October, 1983, in village Chak Sarwa, P.S. Gohad, district Bhind.2. The prosecution case rested on the statement of appellant-Fundi, recorded as dying declaration (Ex. P. 17) by Naib Tahsildar and Executive Magistrate, Shri Purshottam Gupta (P. W. 9) and circumstantial evidence. The said dying declaration (Ex. P. 17) was excluded, and rightly, from consideration by the trial Court. It was alleged that in the wake of the incident, the accused had caused injuries to himself in a bid to end his life and was in a serious condition, when his statement was recorded by Shri Purshottam Gupta (P. W. 9) in Gohad Hospital...
Dewas Gases Limited Vs. the Customs, Excise and Gold (Control) Appella ...
Court: Madhya Pradesh
Decided on: Sep-18-1992
Reported in: 1993(41)ECC10
ORDER18.09.921. Shri A.M. Mathur with Shri Brajesh Pandya for the petitioner.2. Shri B.G. Neema, learned Standing Counsel for the Central Government appears on an advance copy being supplied to him.3. Heard on admission.4. Since the matter relates only to an application under Section 35E praying for exemption from condition of depositing the amount of duty, as per Section 35E of the Central Excise & Salt Act, 1944, it would be better to dispose of this petition by giving suitable directions.5. From perusal of the record we find that a strong prima facie case has been made out for grant of exemption. There is no point in admitting the petition and delaying the final disposal, because the ends of justice will be served if a direction is given that the appeal itself be disposed of within a stipulated period without compelling the petitioner to deposit the amount of duty. If the petition is admitted and stay is granted the petition may take a considerable time to be decided and during that...
Phodilal and ors. Vs. Registered Firm Radheyshyam Nand Kishore and anr ...
Court: Madhya Pradesh
Decided on: Sep-17-1992
Reported in: 1993(0)MPLJ26
R.C. Lahoti, J. 1. Defendants Nos. 2 to 4 have come up in appeal challenging a money decree passed against the four defendants (including respondent No. 1, who was defendant No. 1 before the trial Court) in favour of the plaintiff/respondent No. 1.2. The plaintiff is a registered partnership firm. It entered into commercial transactions, mostly consisting of selling cloth on credit to M/s. Maheshchand Ramjidas, allegedly a joint Hindu family firm. The firm M/s. Maheshchand Ramjidas was impleaded as defendant No. 1 sued through Maheshchand s/o Naraindas. Phodilal s/o Naraindas (that is, brother of Maheshchand, the defendant No. 1) and Ramjidas, Jagdish both sons of Phodilal, the defendant No. 2, were also joined as defendants described as partners of firm M/s. Maheshchand Ramjidas. The plaint alleged all the four defendants id have entered into the suit transactions. Para 1 of the plaint stated that the defendants were working as partners of the firm, also as members of joint Hindu fami...
Dean, Agricultural College Vs. Kiran and ors.
Court: Madhya Pradesh
Decided on: Sep-17-1992
Reported in: 1994ACJ402
M.W. Deo, J. 1. This appeal is directed against an award of the Motor Accidents Claims Tribunal, Indore, ordering a compensation of Rs. 40,000/- and interest at 12 per cent from the date of application in respect of a case of permanent disability due to fracture of femur of the right leg in a motor accident.2. It is not in dispute that on 28.6.1979 at 7.00 p.m. the respondent-claimant Kiran, aged about 22 years, was standing by the side of the road awaiting a rickshaw when tractor bearing registration No. CPE 7878 owned by the appellant and driven by his servant hit Kiran and her sister Sunita.3. Both Sunita and Kiran filed claims contending that they suffered injuries on account of rash and negligent driving on the part of the driver of the tractor. We are concerned with the case of Kiran only, in as much as no appeal has been filed against an award in favour of Sunita.4. The question of negligence on the part of the driver, who was a servant of the owner (appellant), is not disputed ...
Satya Narayan Alias Satte Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-16-1992
Reported in: 1994(0)MPLJ175
ORDERT.N. Singh, J.1. We have perused the records of the State Government to adjudge the validity of continued detention of the petitioner for the maximum period of twelve months, under the National Security Act, after being taken into custody under order passed on 14-1-1992. Not on one, but on two different, distinct and serious taints the order suffers in our view which we propose to expound by giving reasons for our decision.2. At the Bar, latest decision of the Constitution Bench of the Apex Court in K.M. Abdulla Kunhi's case, AIR 1991 SC 574, is cited and we find support therein for the view we have taken. There is no pretension at all about the bias treatment which the petitioner's representation has received and that is where and as such his continued detention gets flawed, faulted and killed. From the file, we find that on 29-1-1992, the representation dated 22-1-1992 it was rejected. The decision was communicated to the petitioner vide letter dated 13-2-1992 (Annexure P/7) con...
State of M.P. Vs. Kamla Bai and anr.
Court: Madhya Pradesh
Decided on: Sep-15-1992
Reported in: I(1993)DMC160
A.R. Tiwari, J.1. This is an appeal filed by the State against the judgment of acquittal of the respondents under Section 306 of the Indian Penal Code rendered by the Xth Additional Sessions Judge, Indore in Sessions Trial No. 132/85 on 28th October, 1985.2. The facts of the prosecution case in brief are that the respondent Jagdish was married to the deceased Manoramabai on 10-5-1978. The respondent No. 1 Kamlabai is the mother of respondent No. 2 Jagdish. The respondents used to demand money from the deceased Manoramabai, and she was being treated cruelly on her refusal to meet the said demands. The respondents were dissatisfied with the dowry given in the marriage. Twice the respondent Jagdish sprinkled kerosene oil on the body of the deceased and asked her to set fire herself. Once organic phosphorus poison was also administered to her. Three days prior to her death, Jagannath Verma gave some papers pertaining to new gas connection to the respondent Jagdish. The respondents did not ...
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