Madhya Pradesh Court January 1993 Judgments
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Mohammed Haneeba Meera Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1993
Reported in: 1994(0)MPLJ235
ORDERP.N.S. Chouhan, J.1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing the F.I.R. and the investigation proceedings, pending against the petitioner in Crime No. 27/92, under Section 420 of the Indian Penal Code, in Police Station Ambikapur, Distt. Surguja.2. The petitioner claims to be a permanent resident of village Pariyanayagipuram, Police Station Perewurni, Distt. Tanjaur, Tamilnadu where he possesses 13 acres of agricultural land and a Pucca House as certified, vide Annexure-1, by the Village Administrative Officer. He came to Ambikapur in 1991 and rented house No. 1, Mahamaya Road, Ambikapur, for his business. He obtained Sales Tax Registration, vide Annexure-5, and started business in the name and style of M/s. Meera Complex in the aforesaid premises. The scheme that he floated was as under :Any customer could take articles of the value of Rs. 100/- after 20 days of depositing Rs. 30/- as advance. He was required to pay the balance in three...
Ramakrishna Flour and Besan Mills (Pvt.) Ltd. Vs. Company Registrar
Court: Madhya Pradesh
Decided on: Jan-28-1993
Reported in: [1994]79CompCas528(MP)
A.R. Tiwari, J. 1. By this petition, filed under Section 482 of the Criminal Procedure Code, the petitioners have prayed for quashment of the criminal proceedings initiated against them under Section 58A of the Companies Act, 1956. The learned ACJM (Economic Offences), Indore, has taken cognizance by order dated November 3, 1989, in Criminal Case No. 3400 of 1989.2. I have heard Shri D. M. Kulkarni, learned counsel for the petitioners, and Shri B. G. Neema, learned counsel for the non-applicant.3. It is urged that the prosecution, being inutile and futile, is clearly an abuse of the process of the court. Reliance has been placed on Bengal Tools Ltd. v. Registrar of Companies [1991] 71 Comp Cas 85 (Cal).4. The initiation of criminal proceedings on complaint can be assailed on proper grounds. In Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi, AIR 1976 SC 1947, it is held that (at page 1948) :'(1) Where the allegations made in the complaint or the statement of the witnesses recorded in s...
Ram Prakash Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-28-1993
Reported in: 1993CriLJ3078
ORDERS.K. Chawla, J.1. Accused Ram Prakash has filed this revision challenging appellate judgment of the Court of Session Morena affirming his conviction under Section 25(1-B) of the Arms Act, 1959 and reducing the sentence from 6 months' simple imprisonment and fine of Rs. 500/- imposed by the Magistrate, to a simple fine of Rs. 500/-, in default to simple imprisonment for 1 month.2. The prosecution story shortly stated was that on 3-11-1988 at about 7 p.m., Head Constable Birendra Singh (PW 3), while on town patrolling received information that one Ram Prakash had stabbed one Pritam on Station-Road in Morena Town. When he, accompanied with another Head Constable Moharman Lal Sharma (P.W. 4), reached Station Road, it was found that Pritam had left for lodging a report at the Police Station. Accused Ram Prakash was however found on the road. He was found to have tied a knife to his waist. That knife was seized from him. It had a blade of the length of 12' inclusive of the handle. Accus...
Premnarayan and anr. Vs. Kunwarji and anr.
Court: Madhya Pradesh
Decided on: Jan-27-1993
Reported in: AIR1993MP162; 1993(0)MPLJ448
R.C. Lahoti, J. 1. Plaintiff-appellants have come up in second appeal feeling aggrieved by the judgment and decree of the lower appellate Court directing their suit for recovery of possession and mesne profits over a piece of land to be dismissed in reversal of the decree of the trial Court, which had decreed the suit.2. On 13-9-1979 this Court admitted the appeal for hearing parties on the following substantial question of law.Whether considering the facts and circumstances of the case, the lower appellate court, has correctly and properly decided the case on the basis of oral and documentary evidence, produced by the parties?3. The suit property is Order 423 hectares, area of land, survey No. 160, situated at village Bawan Heda, Tahsil Shujalpur, delineated in red in the map filed with the plaint. The case of the plaintiffs was that they had purchased the suit property under a registered deed of sale dated 13-1-72, however, possession was not delivered to the plaintiffs. The suit was...
Jagannath and anr. Vs. Shankarlal and ors.
Court: Madhya Pradesh
Decided on: Jan-27-1993
Reported in: [1994]79CompCas159(MP)
R.D. Shukla, J. 1. This appeal is directed against the judgment award dated March 18, 1983, of the Second Member, Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 14 of 1982, whereby the claimant-appellants have been awarded Rs. 6,000 with interest at 6 per cent. ' per annum as compensation for the death of their son, Rajesh, aged about six years, in an accident by Matador CPF-709 driven and owned by respondents Nos. 2 and 1, respectively, and insured with respondent No. 3. This appeal has been filed for enhancement of the amount of compensation.2. The admitted facts of the case are that the respondent (non-applicant No. 1) is the owner of motor vehicle, Matador No. CPF-709, and was insured with respondent No. 3 (non-applicant No. 3). On the date of incident, i.e., February 20, 1982, when Rajesh, the son of the claimants, was playing by the side of road on the Kachhi Patri in village Bhavarasala, a matador came at an excessive speed and without blowing its horn, knocke...
Murari Singh Vs. Ritu Tuteja and anr.
Court: Madhya Pradesh
Decided on: Jan-27-1993
Reported in: 1993ACJ784
R.D. Shukla, J.1. This appeal is directed against the judgment and award dated 30.9.1982 of the Third Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 52 of 1981 whereby while awarding Rs. 20,000/- as compensation to respondent No. 1 the limit of liability of respondent No. 2, New India Assurance Co. Ltd., has been fixed to Rs. 6,666/- only.2. The brief history of the case is that appellant-non-applicant No. 1 was the owner of Tempo No. MPN 8181 and was driving the same on 4.10.1980. It was insured with non-applicant No. 2, i.e., respondent No. 2 here. Ritu, daughter of Jogendar Singh, was going in Tempo to the school. She fell down from the Tempo and sustained various injuries including fracture of third to ninth ribs, fracture of pelvis and injuries on forehead.3. The claim was filed by respondent No. 1 through her father as guardian ad litem.She has been awarded Rs. 20,000/- as compensation. However, it has been held that respondent No. 2, insurance company, is liab...
Hemandas Vs. Mohammed Shafi and ors.
Court: Madhya Pradesh
Decided on: Jan-27-1993
Reported in: 2(1993)ACC24
D.M. Dharmadhikari, J.1. This appeal is by the Claimant for enhancing the amount of compensation awarded by the Claims Tribunal, in a motor accident on 6-7-1983, the appellant suffered grievous injuries and fracture of tibia bone. He has been awarded a total sum of Rs. 4000/- with 6% interest. The learned Counsel appearing for the appellant made some attempts for enhancement of the compensation amount. I have perused the relevant part of the award of the Claims Tribunal. A sum of Rs. 260/- was granted for damage to the bicycle, Rs. 600/- have been awarded for loss of three month's salary, Rs. 200/- have been granted for special the t and medicines and a sum of Rs. 3000/-has been granted as general damages. Since the doctor has opined that it is a simple fracture of tibia bone and the appellant has completely recovered with no parmanent disability caused, in my opinion, the award of Rs. 4000/- in all is just and proper and needs no interference.2. The appeal is dismissed without any ord...
Samaliya Kishanlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-25-1993
Reported in: 1993(0)MPLJ476
ORDERS.K. Chawla, J.1. This is a revision by an accused directed against an appellate order of his re-trial.2. The prosecution story in brief was that on 10-10-1985 a Food, Inspector by name R. C. Mishra (P. W. 1) had visited along with flying squad the shop of accused Samaliya and purchased a sample of black pepper corns (whole) from him. The sample on being sent for analysis was found to be adulterated. The trial of the accused was held in the Court of Chief Judicial Magistrate, Shivpuri, Shri O. P. Sharma, who tried the case according to warrant-case procedure instead of summarily. The accused was convicted on conclusion of the trial of the offence under Section 7(i)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to rigorous imprisonment for 6 months and fined Rs. 1,000/-, in default to further rigorous imprisonment for 6 months, vide judgment dated 64-1989. The accused went in appeal to the Court of Sessions, Shivpuri. The First Additional Sessions Judge...
Kasam Vs. Jainabai
Court: Madhya Pradesh
Decided on: Jan-22-1993
Reported in: I(1993)DMC254
A.R. Tiwari, J.1. This order shall also govern the disposal of Misc. Cr. Case No. 1541/90.2. The applicant, husband of the nun-applicant in both the afore-said petitions (Misc. Cr. Case No. 1540/90 and Misc. Cr. Case No. 1541/90) has filed the petition having the facts as stated hereafter.The non-applicant filed a proceeding under Section 125 Cr.P.C. claiming maintenance allowance. The same was allowed. It wan directed that the applicant shall pay maintenance allowance at the rate of Rs. 125/- per month from 1-3-83. On failure to pay, proceedings for recovery i.e. for enforcement of the order were initiated. The objection was taken that in view of the advent of the Muslim Woman (Protection of Rights on Divorce) Act 1986, the order has become un-enforceable. Tile applicant also filed an application under Section 127 Cr.P.C., claiming cancellation of order on the ground of change in circumstances. They were registered as 162/84 and 227/87. The orders went against the applicant. He thus, ...
ismile and Two ors. Vs. Subhashchandra and Two ors
Court: Madhya Pradesh
Decided on: Jan-22-1993
Reported in: 2(1993)ACC245
R.D. Shukla, J.1. This order shall also dispose of Misc. Appeal No. 134/83 (Ismile and Ors. v. Tillumal and Others).2. Both these appeals are directed against the judgment-A ward dated 8.1.1983 of Motor Accident Claims Tribunal, Shajapur passed in Claim Case No. 4/79 and 5/79 whereby the respondent No. 1 Subhashchandra (in M.A. No. 133/83) and respondent No. 1 Tillumal (in M.A. 134/83) have been awarded a compensation of Rs. 10,250.00 each with a direction of payment of interest @ 1 % per month from the date of filing of application till realisation of the amount with a further direction of payments to be made jointly and severally by appellant Nos. 1 and 2 (i.e. non-applicant Nos. 1 and 2, owner and driver of the bus) and appellant No. 3 - New India Assurance Co.3. As per the Claim petitions filed by both the Claimants i.e. Tillumal and Subhashchandra Sharma, on 13.8.78 both of them were coming from a motor-jeep No. MPD 3146 belonging to M.P.S.R.T.C. (respondent No. 3 here). It was be...
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