Madhya Pradesh Court November 1993 Judgments
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indumati Vs. Dewaram
Court: Madhya Pradesh
Decided on: Nov-18-1993
Reported in: I(1994)DMC476
R.D. Shukla, J.1. This appeal is directed against to judgment and decree dated 1.5.1992 of the Addl. Judge to the Court of District Judge, Indore passed in Special Marriage Case No. 411/91 whereby the plaintiff's petition for restitution of conjugal rights has been dismissed and the prayer ,of respondent for divorce has been granted.2. The admitted facts of the case are that the parties were married on 2.11.1982 under the Special Marriage Act. They were living together for some time.3. The contention of the petitioner is that the respondent has deserted her from 27.12.1984 onwards and has refused to take her back as his wife.4. The respondent had denied the contention of the petitioner and pleaded that the petitioner herself refused to carry out the merital obligations of conjugal rights and she made false complaint against him to his superior officers including the complaint for demand of dowry and contracting second marriage. The same was inquired but later on the petitioner withdrew...
Ramadevi Vs. Ashok Kumar Mohanlal Vyas
Court: Madhya Pradesh
Decided on: Nov-17-1993
Reported in: I(1994)DMC286
R.D. Shukla, J.1. Heard Shri R.G. Waghmare, Senior Advocate with Shri R.R. Waghmare and Smt. Shubhada Waghmare, learned Counsel for the appellant on admission.2. This is an appeal from the appellate judgment and decree passed by the learned Single Judge of this Court in First Appeal No. 49/92, arising out of the proceedings for divorce under the Hindu Marriage Act of 1955. The respondent-husband Ashok Kumar Vyas had claimed a decree of divorce on two grounds: (1) Failure to comply with the decree of restitution of conjugal rights and (2) cruelty practised by the wife against him. The Trial Court granted the decree of restitution of conjugal rights and (2) cruelty practised by the wife against him. The Trial Court granted the decree on both the grounds. On appeal the learned Single Judge has found that the decree was not sustainable on the ground of failure to comply with the decree of restitution of conjugal rights but has upheld the decree on the ground of cruelty. This appellate decr...
Poonam Chand Vs. V.M. Shukla
Court: Madhya Pradesh
Decided on: Nov-17-1993
Reported in: II(1994)ACC359
A.R. Tiwari, J.1. This Misc. Appeal presented under Section 110-D of the Motor Vehicles Act (for short 'the Act') is directed against the award dated 15th March, 1984 passed by Motor Accident Claims Tribunal Ujjain in Claim Case No. 64/81, thereby granting compensation of Rs. 700/- together with interest at the rate of 9% p.a. from the date of application till realisation against the respondents No. 1 and 2.2. Briefly stated, the facts of the case are that the appellant (claimant) filed the claim case against respondents No. 1 and 2. The passenger bus bearing registration No. CPH 8678 was owned by respondent No. 1 At the relevant time, it was driven by respondent No. 2. This bus left for Khargone at 3.30 p.m. from Ujjain. The claimant was a conductor on this bus. After depositing the tax at NAKA, the appellant was in the process of boarding the bus when the respondent No. 2 without any signal started the bus rashly and negligently, as a result of which the appellant fell down from the ...
Devidayal Sales Pvt. Ltd. Vs. Dr. Rameshchandra S/O Kanhaiyalal
Court: Madhya Pradesh
Decided on: Nov-16-1993
Reported in: 1994(0)MPLJ899
ORDERA.R. Tiwari, J.1. This revision petition is directed against the order dated 12-10-1993 rendered by the Rent Controlling Authority, Indore in case No. A/90(7)36/93 thereby refusing leave to contest the application pending before it for eviction.2. Briefly stated, the facts of the case are that non-applicant has filed the application before the Rent Controlling Authority seeking eviction from the tenanted premises. The applicant in this petition sought leave to contest in terms of Section 23C of the M. P. Accommodation Control Act, 1961. By elaborate order, the Rent Controlling Authority refused the leave to contest the application. This revision petition is directed against that order.3. The case was listed today for further orders on IA No. 5914/93. However, with the consent of the parties, the revision petition was taken up for final hearing today itself. Shri S. L. Pamecha learned counsel for the applicant and Shri M.G. Upadhyaya and Shri V. K. Dube learned counsel for the non-...
Chandra Kumar Phulbadhiya Vs. Jaidev Nainani and ors.
Court: Madhya Pradesh
Decided on: Nov-09-1993
Reported in: 1994(0)MPLJ300
ORDERR.C. Lahoti, J.1. The plaintiff/petitioner has come up in revision feeling aggrieved by an order of the trial Court directing his application under Order 6, Rule 17, Civil Procedure Code seeking amendment in the plaint to be rejected.2. It appears that the plaintiff has in his favour an agreement dated 12-3-1985 to sell the suit property executed by the defendant/non-petitioner. The time limited for performance of the agreement was till 7- 6-1985. In the year 1991, the plaintiff apprehending a breach of the agreement by the defendants filed a suit seeking merely a declaration of agreement in his favour and an injunction restraining breach thereof. The relief of specific performance of contract was not prayed for. On 29-6- 1992, the plaintiff moved an application for amendment of the plaint so as to incorporate the necessary pleadings and relief of specific performance. The trial Court formed an opinion that the proposed amendment not only changed the nature of the suit, but the re...
Chief Municipal Officer Vs. Presiding Officer, Labour Court and ors.
Court: Madhya Pradesh
Decided on: Nov-05-1993
Reported in: (1998)IIILLJ655MP; 1994(0)MPLJ704
ORDERS.K. Dubey, J. 1. This Order shall also govern disposal of Misc. Petitions Nos. 866 to 869, all of 1990. Parties are common in all petitions except Respondent No. 3, being an individual employee of the Municipal Council who is different in all cases. 2. The Municipal Council, Govindgarh, for short, the 'Municipal Council', by these five petitions, have challenged the award passed by the Labour Court in five industrial disputes referred for adjudication by the 'appropriate Government' in respect of the common order dated January 25, 1984, passed by the Municipal Council terminating the services of five 'workmen' who were appointed as Moharrirs vide order dated February 15, 1982 and were working as such tilltheir termination. The Labour Court, after appreciation of evidence and material produced held that the activities of the Municipal Council fell within the definition of 'industry' as defined in Section 2 of the Industrial Disputes Act, 1947, for short, the 'I.D. Act', and the em...
Anjanabai Vs. Rajendra Kumar
Court: Madhya Pradesh
Decided on: Nov-05-1993
Reported in: I(1994)DMC373
A.R. Tiwari, J.1. This revision petition presented under Section 115 of the Code of Civil Procedure (for short, 'the Code') is directed against the part of the order dated 6-4-93 rendered by IV Additional Judge to the Court of District Judge, Ratlam in COS No. 20-A/92, whereby the application for amendment moved by the applicant was allowed only in part.2. The matter pending before the Trial Court is under Hindu Marriage Act. The application had averred the facts in two paras categorised as 4-A and 4-B. The averments sought to be introduced vide 4-A pertained to the alimony admissible under Section 25 of the Hindu Marriage Act The Court below has rejected this part (4-B) of the amendment application on the ground that the facts are not considered necessary.3. By order dated 24-6-93, a show cause notice against admission was issued. In response to this notice, the Counsel for the other side appeared. With the consent of the parties, the case was finally heard.4. In AIR 1983 SC 319--(Har...
Rod Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-05-1993
Reported in: 1994CriLJ1440
A.R. Tiwari, J.1. The VERDICT of guilt and INCARCERATION for life under Section 302, IPC, recorded by Additional Sessions Judge, Rajgarh (Biora) in Sessions Trial No. 102/90 on 28th Dec. 1991, are under challenge in this appeal presented Under Section 374 of Criminal Procedure Code. (for short, 'the Code').2. Tersely stated, facts at the trial were that Amarsingh (deceased) and Kalibai (his daughter) were tattooing the morter to brand their house on 5-6-90 at about 12-30 p.m. in village Aamlava. Between the deceased and appellant, there existed an enmity over tamarind tree and bada. The appellant came there armed with a ballam (Art A) and inflicted two injuries on the head of the deceased. The demnable incident was witnessed by the daughter Kalibai (P.W. 4) and the labourer Kesharbai (P.W. 1). Certain persons gathered on the spot once the appellant had fled away. Amarsingh, the injured, was taken to the Police Station, Machalpur in a bullock cart by Kalibai accompanied by Ramlal (P.W. ...
New India Assurance Co. Ltd. Vs. Heera Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-05-1993
Reported in: II(1994)ACC348; 1995ACJ529
A.R. Tiwari, J.1. This revision petition has been filed against the interim award passed on 9.10.1993 by the learned Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 71 of 1993.2. The petitioner has challenged the validity of this award on the ground that the non-applicant No. 2 on the basis of the papers available on record is a minor being aged 17 years and as such, was not eligible to own a driving licence. In this linchpin, it is urged that the Tribunal has committed an error in passing the interim award.3. The interim award is provided by a benevolent provision in the Motor Vehicles Act and is intended to help the victims of the accident promptly and to prevent them from the state of destitution. At this stage, the niceties are not required to be gone into.4. However, the interest of the person or authority paying the amount may be safeguarded in appropriate cases on imposition of suitable terms. In the circumstances, I find that this revision petition must fail....
Mohan Singh Vs. Pawan Kumari
Court: Madhya Pradesh
Decided on: Nov-04-1993
Reported in: I(1994)DMC376
R.D. Shukla, J.1. Learned Counsel for the appellant submits that he does not want to press this appeal and he will file petition for divorce separately.2. Learned Counsel for the Respondent submits that he has filed cross-objection and therefore the same may be decided. Learned Counsel for the respondent further submitted that the respondent is getting Rs. 200/-p.m. only which is insufficient for her maintenance and therefore that may be increased.3. Learned Counsel for the appellant submitted that the cross-objection filed by the respondent is time barred.4. On perusal of record it appears that the cross-objection has been filed on 20-3-93. The service of summons on respondent were effected much earlier. Learned Counsel for the respondent had made a prayer on 7-1-1993 that he shall file cross-objection. It would therefore, assumed that on that day the respondent had definite information about the case, but the cross-objection has been filed on 20-3-1993. Thus, the cross-objection appe...
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