Madhya Pradesh Court March 1993 Judgments
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Kaushalyabai Vs. the 15th Addl. Judge to the Court of Distt. Judge, In ...
Court: Madhya Pradesh
Decided on: Mar-03-1993
Reported in: AIR1994MP55
ORDER1. Heard Shri Joshi for thepetitioner. This is a petition under Article 227 of the Constitution of India. The petitioner is a landlady who has filed a suit for ejectment against her tenant/respondent No. 4 in this case. On 12-7-1991 the trial Court passed a decree in her favour directing ejectment of the respondent No. 4 from the premises. An appeal was preferred by the tenant, which was registered as Civil Regular Appeal No. 10/91. On 12-84992 the District Court passed an order staying the execution of the decree on condition that the appellant/tenantfurnishes security in the amount of Rs. 1,000/ - for due performance of the decree which may ultimately be passed and deposits arrears of rent as also goes on depositing the rentregularly in the Court. It was also provided that in default of compliance with the aforesaid conditions, the stay order would be deemed to have been automatically vacated. A certified copy of this order is annexed to the petition as Annexure C. It is clear f...
Nathmal Maheshwari Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-03-1993
Reported in: 1994(0)MPLJ162
ORDERR.P. Awasthy, J.1. These Civil Revision Nos. 172/90 and 176/90 are being disposed of by this order as similar questions of law and fact are involved in both of the said revisions.2. The petitioners in both of the revisions have filed the present revision petition against the orders dated 25-1-1989 and 5-1-1990 passed in M.J.C. Nos. 12 and 14 of 1983 of the Court of 1st Addl. Judge to the Court of District Judge, Chhindwara. By virtue of the order dated 5-1 -1990, the learned Addl. District Judge to the Court of District Judge, Chhindwara held that in therelevant cases the matter was heard in absence of the parties and was decided on the basis of their merits and therefore, provisions contained under Order 9, Civil Procedure Code do not apply in such cases. As the order was passed on the basis of merits of the cases only revision or appeal as the case may be, could be filed against the said order. The said Court further held that the provisions contained under Order 9, Civil Proced...
Smt. Surjeet Kaur Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-02-1993
Reported in: 1994CriLJ1886
Gulab C. Gupta, J.1. The appellant, Smt. Surjeet Kaur, feels aggrieved by her conviction under Section 302, I.P.C. and sentence of life imprisonment by judgment dated 2nd April, 1986 passed by Shri D. P. Verma, I Addl. Sessions Judge, Raipur in Sessions Trial No. 64 of 1985 and challenges legality and validity thereof in this appeal filed under Section 374, Cr.P.C.2. The appellant is alleged to have caused death of Smt. Harjinder Kaur, wife of Gurdeep Singh, her daughter-in-law on 3rd January, 1985 by pouring kerosene oil on her body and lighting fire. Prosecution alleges that the deceased was married to appellant's son on 25-2-1984 and lived with the appellant in the same house at Housing Board Colony, Birgaon, Raipur. It is also alleged that the appellant used to ill-treat the deceased and demand dowry. It is alleged that on 3-1-1985 at about 9.00 a.m., the appellant sprinkled kerosene oil on the deceased and set fire to her. The deceased is alleged to have been pushed inside the roo...
Surjeet Kaur W/O Santosh Singh Bagga Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-02-1993
Reported in: 1994(0)MPLJ630
Gulab C. Gupta, J.1. The appellant, Smt. Surjeet Kaur, feels aggrieved by her conviction under Section 302, Indian Penal Code and sentence of life imprisonment by judgment dated 2nd April, 1986 passed by Shri D. P. Verma, I Addl. Sessions Judge, Raipur in Sessions Trial No. 64 of 1985 and challenges legality and validity thereof in this appeal filed under Section 374(2), Criminal Procedure Code.2. The appellant is alleged to have caused death of Smt. Harjinder Kaur, wife of Gurdeep Singh, her daughter-in-law on 3rd January, 1985 by pouring kerosene oil on her body and lighting fire. Prosecution alleges that the deceased was married to appellant's son on 25-2-1984 and lived with the appellant in the same house at Housing Board Colony, Birgaon, Raipur. It is also alleged that the appellant used to ill-treat the deceased and demand dowry. It is alleged that on 3-1-1985 at about 9.00 A.M., the appellant sprinkled kerosene oil on the deceased and set fire to her. The deceased is alleged to ...
Sugreev Singh and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-02-1993
Reported in: 1993CriLJ2399
T.N. Singh, J.1. Both petitioners are convicted Under Section 7, the Madhya Pradesh Rajya Sadak Parivahan Seva (Bina Tikat Yatra Ki Rok) Adhiniyam, 1974, for short, the 'Act' by Special Motor Vehicles Magistrate, Gwalior. The sentence imposed in one case is fine of Rs. 50/-, in default simple imprisonment for five days; and in the other case, the fine is Rs. 100/-, in default, simple imprisonment for seven days. Having preferred revisions unsuccessfully, they are now assailing their convictions and sentences in this Court, separately, under Section 482 of the Criminal P.C. for short, the 'Cr. P.C.' or the 'Code'.2. During the course of analogous hearing of the two petitions it was found necessary by one of us (S. K. Dubey, J.) to refer to larger bench the question agitated before him on the basis of a decision of a learned single Judge of this Court in Hiralal Gopilal Rathore's case 1988 Cr LJ 457. In his view, the decision required reconsideration because a Division Bench of this Cour...
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