Madhya Pradesh Court August 1993 Judgments
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Abdul Gaffar Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-21-1993
Reported in: II(1995)ACC430
V.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 15.8.1992 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 the 19th that he was asked by a senior Police Officer to see his son Anees 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 Bandh' was given by public, accordingly Mhow was kept 'Bandh'.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 the same in accorda...
indrani Dutta and anr. Vs. Baldeo Sharma and ors.
Court: Madhya Pradesh
Decided on: Aug-20-1993
Reported in: 1993(0)MPLJ864
ORDERD.K. Jain, J. 1. The Order passed in Miscellaneous Criminal Case No. 683 of 1993 shall also dispose of the connected Miscellaneous Criminal Case No. 837 of 1993.2. Madam Indrani Dutta, Fourth Additional Judge to the Court of District Judge, Durg, and Madam Smt. Vimla Singh, Third Civil Judge (Class II), Durg, are the petitioners (in Miscellaneous Criminal Case No. 683 of 1993), who have made a joint reference under Section 10 of the Contempt of Courts Act, 1971, for punishing the accused-contemners under Section 15 of the said Act, for having committed criminal contempt of the subordinate Courts of the High Court of Madhya Pradesh, for having published, printed and distributed the false and frivolous news on 31-1-1993 and on other dates in February, 1993, in the premises of the District Court at Durg, as per Annexures-A-1 to A-5, and that, the news so published and printed was scandalous and tends to lower the reputation and character of the lady Judges of any Court of the Distric...
Babulal HarnaraIn and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-20-1993
Reported in: 1994(0)MPLJ489
S.K. Chawla, J.1. The two appellants were convicted under Sections 366, 376 and 343, Indian Penal Code and sentenced to R.I. for 3 years under the first count, R.I. for 7 years and fine of Rs. 500-/, in default to further S.I. for 2 months under the second count and R.I. for 6 months under the third count by Additional Sessions Judge, Sheopurkalan. The suspension of their sentence pending the present appeal was refused by this Court. They are, therefore, undergoing the sentences awarded under the impugned judgment and are in jail. Shri J. P. Gupta, senior counsel has however appeared and argued this appeal on their behalf.2. The prosecution story briefly stated was that on 19-7-1991 Kamla (PW 1), a married woman, aged about 30 years, left her maternal place in Vijaypur in district Guna for her in-laws' place at village Harchanda-ka-Tapra in Rajasthan. Her cousin sister Guddi (PW 4), also a married woman, aged about 23 years, was also accompanying her. Both the women went on foot up to ...
ismail Khan and ors. Vs. Anil Kumar
Court: Madhya Pradesh
Decided on: Aug-20-1993
Reported in: 2(1993)ACC593
R.D. Shukla, J.1. This order shall dispose of the appeal and the Cross-objection filed by the parties.2. The appeal is directed against the judgment and award dated 27.2.1982 of the Motor Accident Claims Tribunal, Shajapur passed in Claim Case No. 12/79 whereby the claimant-respondent has been awarded compensation of Rs. 19,410.65 paise with interest @ 6% per annum from the date of application till realisation for the injuries sustained by respondent in a motor accident on 7.3.1979 near Kaked river while coming from Sahpur to Agar.3. The brief history of the case is that motor-bus No. MPU-5056 is owned by non-applicant No. 1 (appellant No. 1 here) and was driven by non-applicant No. 2 (appellant No. 2 here). The bus was insured with non-applicant No. 3 (appellant No. 3 here). A bridegroom party was taken from Agar to Shahpur district Shajapur in the motor-bus referred to above. It was coming back from Shahpur to Agar on 7.3.1979. The claimant-respondent was sitting on a seat by the sid...
Sampatbai Shaitanmal Vs. Rameshchandra Veerbhan and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1993
Reported in: 1993(0)MPLJ889
A.R. Tiwari, J. 1. This Judgment shall also govern the disposal of M. A. No. 77/76 (Sampatbai v. Rameshchandra and Ors.).2. This appeal, presented under Section 96 of the Code of Civil Procedure (for short the 'Code') is directed against the Judgment and decree dated 25-2-1974 rendered by the third Addl. Judge to the Court of District Judge, Ujjain in COS No. 7-A/71, thereby granting a decree of specific performance of the contract as regards the suit-house situated at Khachrod.3. Briefly stated, the facts of the case are that the house, bearing Municipal No. 33, situated in Derji Ward Khachrod and bounded by the periphery as detailed in para 1 of the plaint, was owned by Shankarlal and Ramchandra (Respondents Nos. 3 and 4). They entered into an agreement to sell on 7-2-1971 with Rameshchandra and Shravankumar (Respondents Nos. 1 and 2) on consideration of Rs. 11,201/- after paying the advance of Rs. 1,000/- and promising the documentation of sale within two months from the date of thi...
Murari Lal and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1993
Reported in: 1994(0)MPLJ378
ORDERR.P. Awasthy, J.1. Short question involved in the present case is as to whether appealability of an order and an appeal having been filed by an unconcerned and third person, is a bar to suo motu exercise of revisional powers under Section 50 of the M. P. Land Revenue Code of 1959 (Code in short).2. The facts relevant for the purpose of this order are as below :-The relevant lands of village Padoriya and Simariya Khurd, situated in Tahsil Kareli, Distt. Narsinghpur were recorded in patwari papers in the name of the deity of Shri Deo Ramchandraji. The name of Yashoda Bai, predecessor in title of the present petitioners, was recorded as sarwarahkar on the said lands in patwari papers. The present petitioners applied for mutation of their names on the said lands in the year 1985. By an order passed by Naib Tahsildar, Kareli presumably under Section 110 of the Code, the names of the petitioners were mutated on the relevant lands in revenue records. From the contents of the impugned ord...
Gauri Bai and ors. Vs. Ramesh Kumar and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1993
Reported in: I(1994)ACC276; 1994ACJ1044
K.M. Agarwal, J.1. Being aggrieved by the award made by the Claims Tribunal, Jabalpur, the claimants have preferred this miscellaneous appeal for enhancement of the amount of compensation.2. It was not disputed that in an accident with the truck driven by the respondent No. 1, owned by the respondent No. 2 and insured with the respondent No. 3, one Manbahadur died on 4.3.1981 at about 8 p.m. After the accident, the appellants as the wife and children of the deceased filed a claim petition against the respondents. In the claim petition, the Claims Tribunal was pleased to award a sum of Rs. 21,500/- to the appellants along with interest at the rate of 6 per cent per annum from the date of petition. Being aggrieved, the claimants have preferred this appeal for enhancement of the amount of compensation as aforesaid.3. Having heard the learned counsel for the parties, we are of the view that the finding recorded by the Claims Tribunal about the contributory negligence of the deceased does n...
Motiram Alias Loma and anr. Vs. Taj Mohammad and ors.
Court: Madhya Pradesh
Decided on: Aug-18-1993
Reported in: 1994ACJ789
K.M. Agrawal, J.1. This order shall also dispose of M.F. A. No. 411 of 1986 (Bhuriya v. Taj Mohammad). Both these appeals arise out of joint trial of two claim petitions arising out of one and the same accident. The appellants in both these appeals were claimants before the Claims Tribunal. Being aggrieved by two separate awards made by the Claims Tribunal, they have preferred these two separate appeals for enhancement of the amount of compensation awarded to them by the Tribunal.2. The appellant, Bhuriya, in M.F.A. No. 411 of 1986 and the deceased Pannalal were graziers. On 29.8.1983 at about 4.30 or 5 a.m. both these persons had gone to the forest along with their cattle. The cattle-heads were grazing by the side of the road, whereas the appellant, Bhuriya and the deceased Pannalal were sleeping on the road. In the meanwhile, bus No. MPN 8231, driven by the respondent No. 1, owned by the respondent No. 2 and insured with the respondent No. 3, came from the side of Shekhpura and while...
Raghunath Rao Vs. M.P.S.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Aug-18-1993
Reported in: 1(1994)ACC71; II(1994)ACC316
R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 29.6.1991 of IVth Additional Claims Tribunal, Indore, passed in Claim Case No. 304/87, whereby while holding the claimant-respondent for contributory negligence an amount of Rs. 2,500/- has been awarded as compensation. This appeal has been filed for enhancement of the same.2. The brief history of the ease is that on the date of accident i.e. on 5.11.1987 the claimant was trying to travel by Bus No. CIH 7865, respondent No. 2 was the driver of the vehicle. The bus started and went out of the Motor Stand, but it was stopped at the request of the claimant as he was without ticket and other co-passengers including his wife and children were trying to get the ticket in the Motor Stand. The bus was stopped. Thereafter while the applicant (appellant) was getting down, bus started immediately. The appellant fell down and sustained injury in his right leg. The right toe was also injured and damaged. He, thereafter, f...
Under Contempt of Courts Act Vs. Indira Datt Nayak
Court: Madhya Pradesh
Decided on: Aug-17-1993
Reported in: 1994(0)MPLJ126
ORDERP.N.S. Chouhan, J.1. This is a reference under Section 15(2) of Contempt of Courts Act, 1971 (hereinafter the said Act).'2. Shri Sharad Kumar Gupta, Civil Judge Class and J.M.F.C, Lakhnadon, District Seoni, has made this reference against respondent Shri Indra Dut Naik a practising Advocate of his court, based mainly upon a newspaper report which was published in Daily Deshbandhu, published from Jabalpur, in its issue of 3rd January, 1993. The gist of the news item is that on 6-12-1992, the Bar Association of Lakhnadon held a meeting which was attended by the aforesaid judicial officer, Shri Gupta. In that meeting, a political resolution was passed condemning the demolition of Babri Masjid at Ayodhya. Then, there is reference to a number of alleged irregularities being committed by the said judicial officer. The news item concludes in these words :^^;gk ds yksxksa dh ekax gS fd bl rjg lsU;k;ky; esa dk;Zokgh gksrh jgh rks fuf'pr :i ls yksxksa dks U;k; ikuk dfBu gkstk,xk vkSj vnkyr ...
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