Madhya Pradesh Court November 1994 Judgments
Ramchandra Kesharwani Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-30-1994
Reported in: 1995CriLJ3296
ORDERI. Panduranga Rao, J.1. This is a revision filed by the son of de facto complainant, challenging the order of the learned Special Railway Magistrate, Jabalpur dated 23-3-1993 dismissing his application filed under Section 452, Cr.P.C. for delivering custody of the case property, the details of which are given in paragraph 4 of the revision petition.2. The facts of the case are that when the applicant's father, by name, Hiralal Kesharwani was travelling on 24-12-1974 by Bina-Itarsi Train alongwith his wife, there was a theft of his suit-case, alleged to be containing the gold ornaments mentioned in paragraph-4 of the revision petition. Basing on the report lodged by him, the police have investigated and prosecuted 5 persons and they were convicted under Sections 379, 411/34, I.P.C. On the ground that Hiralal Kesharwani died on 30-10- 1985, the applicant has filed an application before the Special Rly. Magistrate for return of the property. The Spl. Rly. Magistrate has rejected his ...
Tag this Judgment!The State of Madhya Pradesh and anr. Vs. the Presiding Officer, Labour ...
Court: Madhya Pradesh
Decided on: Nov-29-1994
Reported in: [1995(71)FLR16]; (1996)IIILLJ1092MP
ORDERS.K. Dubey, J.1. Aggrieved by the judgment dated January 17, 1992 passed on an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short the Act), in case No. 12/91 T.D.A. by the Labour Court, Sagar, directing the petitioners to make the payment of difference of pay of Rs. 36,604.95 from August 1, 1983, the State has preferred this petition under Article 227 of the Constitution of India.2. Brief facts giving rise to this petition are these: The respondent No. 2 is in the employment from August 1, 1983 as Chowkidar in the Irrigation Department of Government of Madhya Pradesh as a casual and daily rated workman. As the respondent No. 2 was not being paid the pay of a Chowkidar, he filed an application on July 17, 1991 under Section 33-C(2) of the Act before the Labour Court at Sagar claiming therein the minimum rates of wages payable to a Chowkidar fixed by State Government. He also claimed the pay scale of a Chowkidar. The petitioners, in their written state...
Tag this Judgment!Dharmendra Kumar Vs. Smt. Pushpa Devi
Court: Madhya Pradesh
Decided on: Nov-26-1994
Reported in: AIR1995MP210; II(1995)DMC461; 1995(0)MPLJ555
ORDER1. Revision petitioner is the husband of the respondent. They are governed by the provisions of the Hindu Marriage Act, 1955 (hereinafter called 'the Act' for short). Revision petitioner filed an application in the lower Court under Section 13 of the Act for dissolution of marriage on the ground of cruelty and desertion. Respondent herein appeared in Court in response to notice and filed an application under Section 24 of the Act seeking interim maintenance and provision for expenses. The application was opposedbut was allowed directing the revision petitioner to pay interim maintenance at the rate of Rs. 250/- per month and to pay Rs. 500/- to enable the wife to meet the expenses of litigation. This order is now being challenged. We have heard learned counsel on admission.2. Learned counsel for the revision petitioner submitted that he is not challenging the quantum of the award of the right of wife to make such a claim and he is confining his arguments only to one aspect, namely...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Baldev Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-26-1994
Reported in: I(1995)ACC665
T.S. Doabia, J.1. The Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal), awarded compensation to the extent of Rs. 56,545/- to claimant Baldev Singh. The brief facts out of which this appeal has arisen may be noticed as under:On 28th of December 1988, at about 7.30 P.M., one Ranjit Singh and the claimant-respondent Baldev Singh were travelling on a scooter. They were on their way from Guna to Vijaypur. Ranjit Singh was driving the scooter. Baldevsingh was sitting at the back. When they reached village Ruthiai, they found a truck coming from the opposite direction. This was at a high speed. The scooter was taken towards the left. It struck a stationery truck bearing No. CIL 4046 facing Vijaypur. This was without light. Injuries were caused to both the occupants of the scooter. Ranjitsingh died. Baldev Singh sustained injuries. It is out of this accident and for the i...
Tag this Judgment!Keshav Singh and ors. Vs. Shantabai Shrikhande and ors.
Court: Madhya Pradesh
Decided on: Nov-24-1994
Reported in: 1995(0)MPLJ656
A.S. Tripathi, J.1. This Letters Patent Appeal under Clause 10, Chapter IV of High Court Rules and Orders has been preferred against the judgment and order dated 21st of September, 1990 passed by Hon'ble K. M. Agrawal, the then Judge of this Court.2. The learned Single Judge had partly allowed the first appeal with the direction that the decree for possession granted by the trial Court was maintained. The decree for mesne profits was modified with the direction that such profits to be determined during execution by holding an inquiry in that regard for a period preceding three months from the date of suit and for a period subsequent to the suit till the date of delivery of possession of their share in the suit land to the legal representatives of the deceased/plaintiff. It was further directed that mesne profits that may be determined by the Court below during execution shall not exceed the amount claimed by way of mesne profits per year by the plaintiff.3. The facts of the case are th...
Tag this Judgment!Aziz Mohammad Vs. Mst. Islam Bi
Court: Madhya Pradesh
Decided on: Nov-23-1994
Reported in: I(1995)DMC570
I. Panda Ranga Rao, J.1. This revision is preferred by the husband against the award of maintenance at Rs. 200/- per month to the non-applicant wife from the date of her application dated 29th February 1980.2. Originally, the Trial Court has dismissed the application filed by the wife by order dated 29.2.1988. On revision, the learned Addl. Sessions Judge has set aside the decision of the trial Magistrate and awarded maintenance at Rs. 200/- per month.3. The decision of the learned Revisional Court is challenged by the learned Counsel for the applicant firstly on the ground that the marriage between the non-applicant and her first husband having been admitted and in the absence of proof of divorce between her first husband and the non-applicant, the award of maintenance to the non-applicant is illegal. The learned Counsel for the non-applicant has relied upon the finding of the Learned Additional Sessions Judge that divorce by custom between the non-applicant and her former husband is ...
Tag this Judgment!Ramgopal Raghuvar Prasad Vs. Superintendent, Central Jail and anr.
Court: Madhya Pradesh
Decided on: Nov-22-1994
Reported in: 1995(0)MPLJ605
ORDERU.L. Bhat, C.J.1. Petitioner has filed this habeas corpus petition against what he alleges to be his son's continuance in illegal custody in the Central Prison, Jabalpur.2. Two cases were registered against the petitioner's son as Crime No. 146/90 and Crime No. 221/91, both of Khurai Police Station. The first case related to offence punishable under Sections 394 and 397 read with Section 34, Indian Penal Code and Section 450 read with Section 34, Indian Penal Code. The second case related to offence under Section 326, Indian Penal Code. He could be arrested in both these cases only on 28-6-1991. Since then he has been in judicial custody. In the first case (S.T. No. 311/91), he was convicted on 14-12-1991 by the Additional Sessions Judge, Khurai under Section 394 read with Section 397, Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and convicted under Section 450, Indian Penal Code read with Section 34, Indian Penal Code and sentenced to undergo r...
Tag this Judgment!Awadhoot Vs. Mohini
Court: Madhya Pradesh
Decided on: Nov-17-1994
Reported in: I(1995)DMC621
J.G. Chitre, J.1. He filed an application for divorce against the non-applicant which was registered as Case No. 534/1991. The parties have one son who at the date of the presentation of the application was very young and this boy Gaurang is now aged about 7-8 years. The non-applicant has been living separately and keeping the child with her since about 1988 and during this period since then the applicant has not been permitted to visit or meet his son. The applicant was avoided then that he had no right to custody of the child until attaining of the age of over six years by the child and in order not to exaserbate the already tense feeling between the parties did not seek custody. His attempts to visit his son or meet him were frustrated by the non-applicant, who even instructed the Principal of the School where Gaurang was entered not to permit the applicant to meet the child. Ultimately the applicant moved an application to the Court Under Section 25 of the H.M. Act for custody of h...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Pratibha Rathi and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1994
Reported in: 1995(0)MPLJ250
ORDERU.L. Bhat, C.J.1. Bhagwandas Rathi sustained fatal injuries in a motor vehicle accident in 1987. His heirs filed a claim application before the Motor Accidents Claims Tribunal claiming Rs. 18,69,600/- as compensation from the owner and insurer of the vehicle. The owner and the insurer filed separate objections. The Tribunal held that the accident was a result of rash and negligent driving of the vehicle which was insured. The Tribunal passed an award for Rs. 2.5 lacs and directed the insurer to pay the same. The insurer has filed this appeal challenging the quantum of compensation awarded.2. We have heard the learned counsel for the appellant on the question of maintainability of appeal in the light of Section 96(2) of the Motor Vehicles Act, 1939, corresponding to Section 149(2) of the Motor Vehicles Act, 1988.3. The provisions of the two Acts are almost identical. Sub-section (1) of Section 96 states that if a judgment is obtained against the insurer, the insurer shall, subject ...
Tag this Judgment!Naniya @ Nanuram and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-17-1994
Reported in: 1995(0)MPLJ439
R.D. Shukla, J.1. The appeal is directed against the judgment and order dated 28th October 1986 of IIIrd Additional Sessions Judge, Dhar, passed in S.TNo. 177/84, whereby the accused-appellants 1 to 4 have been convicted under Sections 302/23, Indian Penal Code for having committed murder of Babulal s/o Narottam, on 6-9-1984, in village Chor Baodi and sentenced them to undergo imprisonment for life each. Accused Naniya and Gulab have been further convicted under Sections 323/34 for having caused simple injuries to Ramgopal and Madan and sentenced them to undergo R.I. for 3 months each. Appellant Rajababu has been acquitted of the offence under Sections 302/34 and 323/34, Indian Penal Code, but has been convicted under Section 341, Indian Penal Code and sentenced to a fine of Rs. 500/- each. In default of payment of fine he shall undergo R.I. for 7 days.2. Brief history of the case is that deceased Babulal, (PW 7) Ramgopal and (PW 8) Madan, who are residents of Bachhanpur had gone to ju...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »