Madhya Pradesh Court August 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Balkishan Vs. Shrilal and ors.
Court: Madhya Pradesh
Decided on: Aug-26-1993
Reported in: AIR1994MP14
S.K. Dubey, J.1. This Order shall govern the two appeals.1. When the two appeals under Order XLIII, Rule 1(r) of the Code of Civil Procedure, for short the 'Code', came up for hearing on admission, a question arose :Whether an appeal permitted under Section 104 of the Code against an order passed in a suit, value of which exceeds Rs. 50,000/-, is to be heard by a Judge sitting alone under Clause (b) of Rule 1 of Chapter I of Section 1 of the High Court Rules and Orders in Madhya Pradesh, for short, the 'Rules' or is to be heard by a Division Bench?2. On this question we heard Shri Balwant Singh and Shri A.M. Naik, counsel for the parties in M.A. No. 96 of 1993; Shri H.D. Gupta, Deputy Advocate General for appellant in M.A. No. 157/1993, and Shri R.D. Jain, amicus curiae.3. Shri J. P. Gupta, Senior Advocate;Shri M.K. Jain, Shri K.K. Lahoti, Shri K.L.Mangal, Shri S.S. Bansal and Shri V.K.Sharma, Advocates, also addressed theCourt.4. Having heard the counsel for the parties and the member...
Godharam Vs. Vasudev Prasad Sharma
Court: Madhya Pradesh
Decided on: Aug-26-1993
Reported in: AIR1994MP20; 1994(0)MPLJ95
S.K. Dubey, J.1. This is tenant's second appeal under Section 100 of the Civil P. C., against the judgment and decree of eviction of non-residential accommodation, passed under Section 12(1)(d) of the M.P. Accommodation Control Act, 1961, for short, the 'Act', in Civil Suit No. 122-A/80 by Second Civil Judge, Class II, Morena, affirmed in Civil Appeal No. 57-A/85, vide judgment and decree dated 26-4-1986, passed by Additional District Judge, Sheopur-Kalan, Gamp Morena.2. This Court, on 31st October, 1986, admitted the appeal on substantial question of law for interpretation of Section 12(1)(d) of the Act and on the question that the ground having not been pleaded and proved, the decree so passed is illegal.3. Material facts giving rise to this appeal are these. It is not in dispute that the defendant/appellant is a tenant of the non-residential accommodation of the suit accommodation on a monthly rent of Rs. 70/- vide rent Note dated 1st March, 1969 (Ex.P/1) and was carrying on busines...
Gunuveena Singh Vs. Capt. Pankaj Puneet Singh
Court: Madhya Pradesh
Decided on: Aug-25-1993
Reported in: II(1993)DMC405
A.R. Tiwari, J.1. This appeal has been presented under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act') against the judgment and decree dt. 15th July, 1992 rendered by Additional Judge, Mhow to the Court of District Judge, Indore in Hindu Marriage Case No. 47/90, thereby dismissing the petition seeking dissolution of marriage by decree of divorce on the grounds of cruelty and desertion.2. The factual matrix in brief is that the marriage between the parties was solemnized 14-4-87 according to Hindu rites. The respondent treated the appellant with cruelty. She was humiliated before servants and was threatened to be killed. The respondent also indicated suspicion against fidelity of the appellant and disowned the son born to her. The responder did not care to keep the appellant with him and thus deserted to her in Oct. 1988. These various acts caused reasonable apprehension in the mind of the petitioner that it will be harmful and injurious for her to live with the husban...
Ram Pratap Dubey Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-24-1993
Reported in: 1994(0)MPLJ12
ORDERGulab C. Gupta, J.1. 'Mountain of a molehill', is perhaps the best description of the petitioner's grievance, as canvassed in this writ petition, filed under Article 226 of the Constitution. He has been put under suspension pending departmental enquiry by order dated 23-11-1991 (Document No. 16) and in order to challenge legal validity thereof, he challenges vires of Section 54(1) of M. P. Municipal Corporation Act, 1956 (hereinafter referred to as the Act) and the appointment of respondent No. 3 as the Commissioner, Municipal Corporation, Jabalpur, and claims a writ of certiorari and co-warranto for the purpose.2. The petitioner is admittedly employed as an Engineer in the Municipal Corporation at Jabalpur. The said Municipal Corporation is governed by the provisions of the Act and the authority thereof is now vested in the respondent Administrator appointed by the State Government for the purpose. The Respondent State Government has also appointed the respondent No. 3 as Commiss...
Central Railway and anr. Vs. Ramaiya Chhokodi Ram and ors.
Court: Madhya Pradesh
Decided on: Aug-24-1993
Reported in: 1994(0)MPLJ154
ORDERGulab C. Gupta, J.1. This will also govern disposal of Misc. Pet. No. 1889 of 1992, Central Railway, Bombay and Anr. v. Baijnath and Anr., Misc. Pet. No. 1873 of 1992, Central Railway, Bombay and Anr. v. Bharat Prasad and Ors., Misc. Pet. No. 1878 of 1992, Central Railway, Bombay and Anr. v. Rameshraya and Ors., Misc. Petition No. 1894 of 1992, Central Railway, Bombay and Anr. v. Jagdish Prasad and Ors., Misc. Pet. No. 1875 of 1992, Central Railway, Bombay and Anr. v. Roshandhar and Ors., Misc. Petition No. 1888 of 1992, Central Railway, Bombay and Anr. v. Kalloo, Misc. Pet. No. 1877 of 1992, Central Railway, Bombay and Anr. v. Ramavatar and Anr., Misc. Petition No. 1892 of 1995, Central Railway, Bombay and Anr. v. Raijbhan and Anr., Misc. Petition No. 1874 of 1992, Central Railway, Bombay and Anr. v. Vanspati and Ors., Misc. Pet. No. 1876 of 1993, Central Railway, Bombay and Anr. v. Ashok Kumar and Ors., Misc. Petition No. 1895 of 1992, Central Rly., Bombay and anoother v. Devnat...
Mukesh Kumar and anr. Vs. Dean, Lakshmibai National College of Physica ...
Court: Madhya Pradesh
Decided on: Aug-23-1993
Reported in: 1994(0)MPLJ82
ORDERR.C. Lahoti, J.1. Mukesh Kumar and Kunwarpal Lachoriya, two students of Lakshmibai National College of Physical Education, Gwalior (hereinafter 'L.N.C.P.E.' for short) having been declared failed in B.P.E. (3 Y.D.C.) Examination Part II and Part I, respectively for the two petitioners, conducted in the month of April, 1992, have filed this petition seeking a writ of mandamus commanding the respondents to award grace marks to the petitioners and declare them eligible for supplementary examination of 1992. At the hearing the petitioners through their learned counsel took a somersault, while petitioner No. 2 Kunwarpal Lachoriya conceded that he had no case worth being canvassed before this Court and he was prepared to suffer dismissal of his petition as not pressed; Mukesh Kumar petitioner No. 1 improved upon the prayer made in the petition seeking declaration of having passed the examination without necessity of taking supplementary examination. Forcefully canvassing his case the le...
Suresh Kumar Shrivastava Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-23-1993
Reported in: 1994(0)MPLJ30
S.K. Chawla, J.1. Accused Suresh Kumar Shrivastava has in this appeal challenged his conviction under Section 161, Indian Penal Code and Section 5(1 )(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentence of 12 months' R. I. and fine of Rs. 100/-, in default to further R. I. for one month under the first count and R. I. for 48 months and fine of Rs. 100/-, in default to further R. I. for one month under the second count, imposed on him by the judgment dated 26-4-1989 of Special Judge, Vidisha.2. One Pahalwansingh (PW-3) had been sanctioned a loan for digging of well and purchase of a pump by District Co-operative Land Development Bank, Shamshabad. He was to receive that loan in instalments. Having already received four instalments, he was to receive the last instalment of Rs. 1500/-. On 19-6-1985, he went to the Office of the Bank at Shamshabad and met accused Suresh Kumar Shrivastava, who was manager of the Bank at that time.3. The prosecution story was that...
Suresh Kumar Shrivastava Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-23-1993
Reported in: 1994CriLJ3738
S.K. Chawla, J.1. Accused Suresh Kumar Shrivastava has in this appeal challenged his conviction under Section 161, I.P.C. and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentence of 12 months R.I. and fine of Rs. 100/-, in default to further R.I. for one month under the first count and R.I. for 48 months and fine of Rs. 100/-, in default of further R.I. for one month under the second count, imposed on him by the judgment dated 26-4-1989 of Special Judge, Vidisha.2. One Pahalwansingh (P.W. 3) had been sanctioned a loan for digging of well and purchase of a pump by District Co-operative Land Development Bank, Shamshabad. He was to receive that loan in instalments. Having already received four instalments, he was to receive the last instalment of Rs. 1500/-. On 19-6-1985, he went to the office of the Bank at Shamshabad and met accused Suresh Kumar Shrivastava, who was manager of the Bank at that time.3. The prosecuting story was that for payment of...
Abdul Ghaffar S/O Jahangir Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-21-1993
Reported in: 1995ACJ383; 1994(0)MPLJ65
ORDERV.D. Gyani, J.1. The petitioner, an old man, past sixty, whose sons and son-in-law were allegedly carried away by Mhow police on the night of 15th August, 1992, and later shown to have been arrested on 18-8-1992, in connection with an offence under Section 457, Indian Penal Code registered at the Police Station, had moved the Court of A.C.J.M. for their release but in vain. It was on 19th that he was asked by a senior police officer to see his son Anis in the Civil Hospital at Mhow. The petitioner rushed to the hospital, he was taken to the mortuary by doctor in charge, only to find him lying dead with several injuries on his body. A call for 'Mhow Band' was given by public, accordingly Mhow was kept 'Band'.2. The petitioner petitioned and complained to higher authorities but to no avail. He has now approached this Court with the present petition praying for the following orders:(i) Registration of offence under Sections 302 and 387, Indian Penal Code and investigate same in accor...
Hariram Singh Thakur Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-21-1993
Reported in: 1994(0)MPLJ554
ORDERP.N.S. Chouhan, J.1. This Order will also dispose of M.Cr.Cs. Nos. 1533/92 and 3048/92. The petitioner one of 22 accused in a murder case committed on 10-11-1989 with sharp edged weapons is a practising Advocate and a district level office bearer of Bhartiya Janata Party. He has not been arrested so far. His petition for anticipatory bail under Section 438 of the Code of Criminal Procedure is M.Cr.C. No. 1533/1992 and similar petition by 7 other co-accused is M.Cr.C. No. 3048/1992. As per the prosecution, the accused persons armed with deadly weapons fatally assaulted Sahabsingh on 10-11-1989 due to previous enmity. The assailants have been named in the F.I.R. lodged by Smt. Tarabai, widow of Sahabsingh. The petitioner's case is that he was unable to walk on the date of alleged offence due to surgical operation of a boil between his legs. He has been falsely implicated due to political rivalry. The matter was re-enquired by a D.I.G. of Police who on examining Dr. R. K. Singhai and...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »