Madhya Pradesh Court September 1993 Judgments
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Pyarelal Sakseria Vs. Devishankar Parashar
Court: Madhya Pradesh
Decided on: Sep-28-1993
Reported in: AIR1994MP115
ORDERR.D. Shukla, J.1. This revision is directed against the order dated 15-4-1993 of the Rent Controlling Authority, Indore. Passed in Misc. Case No. A 90 (7) 28/92, whereby the applicant-tenant's prayer for framing of additional issues and also of his right of cross examination of one witness Kasturibai have been refused.2. Brief history of the case is that non-applicant landlord filed a suit before the Rent Controlling Authority, with an assertion that he bona fide requires the suit accommodation for his own residence. This contention of the landlord was refuted by the applicant-tenant. Thereafter the case was fixed for evidence on 15-4-1993.3. The tenant (applicant here) filed an application under 0.14, Rule 5 of the C.P.C. for framing of Additional Issues. Additional issues were framed. However, it was not in the words as desired by the tenant. Thereafter the landlord who himself appeared as a witness was examined. Kasturibai, who is said to be the original landlord was also exami...
Nathmal Sardarmal JaIn and anr. Vs. Shantilal Sardarmal JaIn and ors.
Court: Madhya Pradesh
Decided on: Sep-28-1993
Reported in: 1994(0)MPLJ542
ORDERA.R. Tiwari, J.1. The appellate order dated 16th January, 1992 (Annexure 'G') rendered in Misc. Appeal No. 6/91 by District Judge, Indore, in reversal of the order dated 2nd December, 1991, passed by Civil Judge Class II, Hatod in COS No. 11A/91 (Annexure 'F'), is under challenge in this petition presented under Article 227 of the Constitution of India.2. Briefly stated, the facts of the case are that the petitioner and respondent No. 1 are real brothers. Some dispute over the properties arose between them. Filled in with the surge of an urge, they opted for settlement of dispute by arbitration and, in that pursuit, executed agreement dated 13-10-1989 (Annexure 'A'). In due course of time, the award dated 20-12-1989 (Annexure-B) was passed. The award fixed 31-5-1990 as the date for its implementation. The land, having tube well, fell to the share of the petitioners.3. In accordance with the term of the award, the petitioners as contended withheld the supply of water from this tube...
State of Madhya Pradesh Vs. Bhagirath Bherusingh
Court: Madhya Pradesh
Decided on: Sep-27-1993
Reported in: 1994(0)MPLJ477
A.R. Tiwari, J.1. This appeal has been presented against the original order of acquittal rendered on 11th December, 1991 by the First Addl. Sessions Judge, Shajapur in Sessions Trial No. 175/91.2. The factual matrix lies in narrow compass. The deceased Panubai was the wife of the respondent. On 24-5-1991, the respondent took the deceased to her parental home on a cycle. Near Village Badoli, the deceased fell down from the cycle as a result of which the respondent assaulted her. The respondent, therefore, fled away from the spot. On receiving the intimation of this incident, Bherusingh (PW 1), the son-in-law of the deceased came on the spot and brought the injured Panubai in a bullock-cart to his home. The next day, a report was made by this victim off this assault marked in this case as Ex. P/6. She was sent to the hospital from the Police Station thereafter. At night of the same day, she succumbed to the injuries. The autopsy was conducted by PW-4 Dr. Vijay Kumar Singh whose report is...
State of M.P. Vs. Bhagirath
Court: Madhya Pradesh
Decided on: Sep-27-1993
Reported in: 1994CriLJ1460
A.R. Tiwari, J.1. This appeal has been presented against the original order of acquittal rendered on 11th December, 1991 by the First Addl. Sessions Judge, Shajapur in Sessions Trial No. 175/91.2. The factual matrix lies in narrow compass. The deceased Panubai was the wife of the respondent. On 24-5-1991, the respondent took the deceased to her parental home on a cycle. Near Village Badoli, the deceased fell down from the cycle as a result of which the respondent assaulted her. The respondent, thereafter, fled away from the spot. On receiving the intimation of this incident. Bherusingh (PW 1), the son-in-law of the deceased came on the spot and brought the injured Panubai in a bullack-cart to his home. The next day, a report was made by this victim of this assault marked in this case as Ex. P/ 6. She was sent to the hospital from the Police Station thereafter. At night of the same day. She succumbed to the injures. The autopsy was conducted by PW 4 Dr. Vijay Kumar Singh whose report is...
Halkai Vs. Savitri Bai
Court: Madhya Pradesh
Decided on: Sep-25-1993
Reported in: I(1994)DMC45
P.P. Naolekar, J.1. Respondent/plaintiff No. 1 Savitri Bai and one Ku. Deokibai plaintiff No. 2 filed a suit against the appellant Halkai for grant of maintenance. During the pendency of the suit plaintiff No. 2 became major and married and is residing with her husband, therefore, the Trial Court had not granted maintenance to her. As there was no maintenance granted to Deokibai plaintiff No. 2 the plaintiff did not prefer appeal against that part of the order. The Trial Court has granted maintenance to Savitri Bai @ 250/- per month from 8.10.82.2. The plaintiff/respondent's case was based on the allegations that she was legally married with the appellant. The appellant never kept her well and always used to say that she is not according to his liking and he will get the second wife. About 10-11 years back the appellant snatched away all the ornaments of Savitri Bai and sent her to her parents place where she is residing. In spite of repeated demand no maintenance had been paid to her ...
Ramashre Chandrakar Vs. Dena Bank and anr.
Court: Madhya Pradesh
Decided on: Sep-24-1993
Reported in: [1996]86CompCas147(MP); 1994(0)MPLJ610
Faizanuddin, Actg. C.J.1. This second appeal by the principal debtor/ defendant No. 1 has been preferred against the judgment and decree dated June 13, 1985, passed by the first additional judge to the Court of District Judge, Durg, in Civil Appeal No. 12A of 1982, arising out of the judgment and decree-dated October 30, 1981, passed by the Additional Civil Judge, Class-I, Durg, in Civil Suit No. 9A of 1980,2. The plaintiff/respondent No. 1, Dena Bank, is carrying on banking business. It has its branch at Gunderdehi, Tahsil and district Durg. The appellant/defendant No. 1, Ram Ashre Chandrakar, applied to the respondent-bank for grant of loan to meet his agricultural needs, namely, for purchase of seeds and fertilizer for cultivation of his land. The respondent-bank granted a loan of Rs. 4,728.25 to the appellant/defendant No. 1 for the said purpose and advanced the said amount to the appellant on July 25, 1971, for which the appellant executed a demand promissory note dated May 25, 19...
Betu @ Kamaal Khan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-24-1993
Reported in: 1994(0)MPLJ874
S.K. Chawla, J.1. Appellant Betu, aged about 20 years, has been convicted under Sections 341,323 and 376, Indian Penal Code and sentenced to R. I. for 1 months, 6 months and 5 years respectively for the said offences by Sessions Judge, Gwalior, by judgment dated 2-3-1993 in Sessions Trial No. 59/89.2. It may be mentioned at the very outset, without meaning to pre-judge the appellant's case, that the learned Sessions Judge was in error in convicting the appellant of the offence under Section 376, Indian Penal Code. After the year 1983, when original Section 376 was substituted by a new section, there can be no conviction of an accused of the offence under Section 376, Indian Penal Code as such. There has to be a conviction, if at all, either under sub-section (1) or under sub-section (2) of Section 376, Indian Penal Code. It will be seen that the offence under sub-section (2) is not only punishable with higher minimum sentence but presumption about absence of consent under Section 114A ...
Hariram and Ors. Vs. Commissioner for Workmen's Compensation
Court: Madhya Pradesh
Decided on: Sep-23-1993
Reported in: 1994ACJ1094; (1999)IIILLJ507MP
R.D. Shukla, J. 1. The appeal is directed against the judgment and order dated July 13, 1982 of Commissioner for Workmen's Compensation, Ratlam, passed in Case No.28 of 1991, whereby the appellant-father of the deceased Karu has been awarded Rs. 6,770/- and the rest of the amount, i.e., Rs. 10,030/- has been directed to be paid to respondent No.2, the wife of deceased.2. The brief history of the case is that the deceased Karu was a worker with respondent No. 1, i.e., M.P.E.B. He died during the course of employment and as such Rs. 16,800/- were deposited by the respondent No. 1 for being paid to heirs of the deceased. After enquiry the learned Commissioner directed payment as follows:Ramkanya w/o Karu Rs. 10,030/-Hariram, appellant, father of Karu Rs. 6,770/-There is no dispute that Ramkanya is legallywedded wife of deceased, as such she would bea class I heir under the Hindu Succession Act.The father, appellant (here), would be class II heir.3. It is also an established principle of l...
Commissioner of Income-tax Vs. Income-tax Appellate Tribunal and anr.
Court: Madhya Pradesh
Decided on: Sep-23-1993
Reported in: [1994]210ITR464(MP); 1994(0)MPLJ803
ORDERS--Tribunal passing consolidated order relating to several assessment years.Held :The language of s. 256 indicates that when there is one order which is passed by the Tribunal even though it may be dealing with different assessment years and possibly different assessees, nevertheless one application for reference is maintainable. Only when common question of law or fact arises and the Tribunal passes a single or common order, it must necessarily follow the question of law which arises from such orders which are referred under s. 256(1) or they arise from a common order. The reference application is, therefore, tenable irrespective of the fact whether the order under s. 254 deals with one or more parties or assessment years.--Smt. Kusum Ansal v. CIT (1991) 190 ITR 24 (Del)(FB) relied on. Union of India v. ITAT & Anr. (1987) 164 ITR 600 (MP) followed.Conclusion :Single application against consolidated orders is maintainable.Application :Also to current assessment years.Citation :Inc...
New India Assurance Co. Ltd. Vs. Kamar Jahan and ors.
Court: Madhya Pradesh
Decided on: Sep-21-1993
Reported in: 1994ACJ100
K.M. Agarwal, J.1. This miscellaneous appeal by the New India Assurance Co. Ltd. is directed against an interim award of Rs. 15,000/- made by the Claims Tribunal under Section 92-A of the Motor Vehicles Act, 1939, (in short, the 'old Act').2. It is not in dispute that on 3.5.1982, there was a collision between one Matador No. MTR 3831 and truck No. CPH 775 and as a result of that one Nasiruddin, the driver of Matador, died. The Matador was owned by the respondent No. 9, Dr. Kailash Agarwal and insured with the appellant New India Assurance Co. Ltd. As against this, the truck was owned by the respondent No. 8, Jagannath Gupta, driven by the respondent No. 7, Latoori Singh and insured with the respondent No. 6, National Insurance Co. Ltd. It is not disputed before me that after the death of Nasiruddin, the driver of ill-fated Matador, his legal representatives made an application for compensation under the provisions of Workmen's Compensation Act, 1923, and also obtained compensation und...
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