Madhya Pradesh Court April 1994 Judgments
Sajid Akhtar Vs. Nargis Bi
Court: Madhya Pradesh
Decided on: Apr-30-1994
Reported in: II(1994)DMC294
R.P. Awasthy, J.1. It is a petition filed under Section 482 Cr.P.C. by husband Sajid Akhtar, agninst whom an order of payment of maintenance allowance to his wife was passed by the Trial Court and which was maintained by the second A.J. to S.J. Khandwa with certain modifications.2. Contention for the present petitioner is that the non-applicant was divorced by the present petitioner and therefore, in view of the provisions contained in Muslim Women (Protection of Rights on Divorce) Act, 1986, the application filed under Section 125 Cr.P.C. for receiving maintenance allowance by the present non-applicant from the present petitioner was not maintainable.3. It has to be seen in this regard that this mixed question of fact and law as to whether the non-applicant was or was not divorced by the present petitioner was gone into and was thoroughly considered by the two Courts below. Both of the said Courts found that since the present petitioner allegedly gave divorce in writing, it was essent...
Tag this Judgment!Ratansingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-30-1994
Reported in: 1995CriLJ1840
J.G. Chitre, J.1. The appellant has filed this appeal for putting a challenge to the order of conviction and sentence passed by the Addl. Sessions Judge Dhar Camp Manawar in the matter of Sessions Case No. 38/86 by which he convicted the appellants for offence punishable under Sections 325 and 323, IPC and sentenced him to RI of different terms.2. The prosecution case in brief can be stated as under. On 25-5-85, at about 9.00 or 9.30 p.m. there was a feast in context with marriage of Gula Bhilala at village Bagpura and deceased Naharsingh had attended the said dinner along with other friends. The prosecution alleged that at the time of the said feast there was quarrel between Naharsingh and his associates on one side and appellant and his associates on other side. In the said quarrel, accused-appellant Ralansingh Bhilala pelted a stone which hit the abdominal portion of the body of deceased Naharsingh which resulted in injury to his intestine and his death.3. After necessary investigat...
Tag this Judgment!Raisa W/O. Mohd. HussaIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-30-1994
Reported in: 1995CriLJ169
J.G. Chitre, J.1. This appeal is directed against the order of conviction and sentence passed by the Sessions Judge, Mandsaur, in S.T.No. 91 of 1984 in which the learned Sessions Judge convicted the appellant for an offence punishable under Section 307 I.P.C. and sentenced her to undergo R.I. for four years.2. The prosecution case is as under : In the night intervening between 12th and 13th February, 1984 the appellant and her husband were in a room in the house of her husband, victim Mohammad Hussain. Mohammad Hussain asked the appellant to sleep with him in the said room but she did not do so and sat near wall of that room blaming Mohammad Hussain and thereafter she went to sleep near the sister of her husband and the wife of the brother of her husband. In the night the victim noticed that somebody assaulted him on the nose by sharp weapon and caused him injury. At that time the appellant shouted that thieves had come and committed the theft in the house. By hearing the commotion, so...
Tag this Judgment!Anand Prakash and Brothers, UjjaIn Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-29-1994
Reported in: AIR1996MP24
Doabia, J.1. A dispute having arisen between M/s. Anand Prakash and Brothers, Ujjain, a firm of Contractors (hereinafter referred to as the 'appellant') and the State of Madhya Pradesh (hereinafter referred to as the 'respondent-State') with regard to certain matters arising out of construction of the main earthen Bandh of Komcha Project in district Guna, the matter was referred to a sole arbitrator, who gave his award on April 9, 1982.2. The appellants had claimed a total amount of Rs. 14,10,406/-. The break-up of this figure is as under:-- S. No.Items of claimAmount claimed1.Lead of earth-work notpaid properly. Rs. 6,87,804/-2.Thick jungle clearanceat quarries not paid. Rs. 3,695/-3.Extra work got done, notpaid. Rs. 1,626/-4.List of earth work notpaid correctly. Rs. 7,15,281/-Total :-Rs. 14,10,406/-It is the case of the appellant that a claim for interest at the rate of 12 per cent, per annum on the aforementioned amount was made and it was duly referred to the arbitrator. This is, h...
Tag this Judgment!G.M., Madhya Pradesh State Road Trans. Corpn. and ors. Vs. Pushpa Devi ...
Court: Madhya Pradesh
Decided on: Apr-29-1994
Reported in: 1995ACJ208
S.K. Chawla, J.1. An award for Rs. 61,000/- having been passed by Claims Tribunal on account of compensation for bodily injuries suffered in a motor accident, the present appeal has been filed by the owners of the vehicle seeking reduction of compensation. A cross-objection was filed by the claimant-respondent Munna seeking enhancement of compensation to Rs. 1,50,000/-.2. Claimant-respondent Munna died during the pendency of the present appeal and his legal representatives being his widow and children were brought on record as respondents.3. It was first canvassed by Mr. R.D. Jain, learned Counsel for the appellants, that with the death of claimant-respondent Munna during the pendency of the present appeal, the claim for compensation for bodily injuries, being cause of action for 'personal injuries not causing the death' within the meaning of Section 306 of the Indian Succession Act, did not survive on the death of the injured and hence, the present respondents, being the legal represe...
Tag this Judgment!Vikram Singh Vs. Shri Ram Ballabhji Kasat and ors.
Court: Madhya Pradesh
Decided on: Apr-28-1994
Reported in: AIR1995MP140; 1995(0)MPLJ681
U.L. Bhat, C.J.1. After recent elections to the Madhya Pradesh Legislative Assembly, 5th respondent became the Chief Minister. By virtue of Article 164(4) of the Constitution of India, if the 5th respondent does not get elected as Member of the State Legislature within a period of six consecutive months, he shall cease to hold office. It is stated that the 5th respondent's brother who was elected to the Legislative Assembly from Raghorarhconstituency, resigned, but on account of an election petition filed by the son of a defeated candidate Ramprasad Shivare, the Chief Election Commissioner directed that by-election would not be held for that constituency. It is alleged that 5th respondent offered inducement to Shri Ramprasad Shivahare to cause the election petition withdrawn, but without success. Second respondent who was elected to the State Legislature from Cha-choda constituency, tendered his resignation on 16-3-1994 on account of pressure and inducement offered by 5th respondent. A...
Tag this Judgment!Pooran Singh Vs. Sabobai
Court: Madhya Pradesh
Decided on: Apr-28-1994
Reported in: II(1994)DMC629
Taj Shanker, J.1. The facts leading to this petition Under Section 482 Cr. P.C. lie in marrow campus. It appears that non-applicant Mst. Sabobai filed a petition Under Section 125 Cr.P.C. before the Judicial Magistrate, First Class, alleging that she is a legally married wife of the present petitioner Pooran Singh. It is alleged that after marriage she remained with the petitioner as wife but she was illtreated. She thereafter left the house of her husband and went to village. Her husband did not go to take her back. The petition was contested on the ground that she was not legally wedded wife. No marriage however took place. He was married with one Smt. Bina and had three issues. There was a talk of marriage with the non-applicant Sabobai but the proposal was not accepted. Due to this enmity the present petition for maintenance was preferred. The learned Magistrate took evidence, heard the parties and allowed the petition by order dated 20.11.87. Feeling aggrieved Criminal Revision No...
Tag this Judgment!Naraindra Kumar Vs. Anil Kumar and anr.
Court: Madhya Pradesh
Decided on: Apr-27-1994
Reported in: AIR1994MP187
ORDERShacheendra Dwivedi, J.1. The petitioner seeks the quashing of the order Annexure P/5 dated 18-11-1991 passed by the First Additional Judge toto the Court of District Judge, Guna, therebyholding the appeal preferred by the petitioner's father through him, as incompetent,and not maintainable, on the applicationpreferred by respondent No. I under Order32, Rule 3, sub-rule (5) of the Code of CivilProcedure.2. Respondent No. I had filed a suit against the father of the petitioner named, Sugan Chand for his eviction on the ground of the genuine requirement. Since Sugan Chand, the defendant was of unsound mind, the petitioner was appointed as guardian ad litem of defendant Sugan Chand but later on the learned trial Court removed the guardianship of petitioner and appointed Shri Vilas Tikhe, Advocate, as guardian ad litem of the defendant. Ultimately on 31st August, 1990, the judgment and decree was passed by the trial Court, decreeing the suit of the plaintiff-respondent No. 1.3. As aga...
Tag this Judgment!Mangilal Shiv Lal Patidar Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-26-1994
Reported in: 1995(0)MPLJ487
ORDERM.V. Tamaskar, J.1. The writ petitions raise common question regarding validity of the amendment made to Sections 10, 56 and 57 of the Krishi Upaj Mandi Adhiniyam, 1971.2. The State Government promulgated an Ordinance No. 1 of 1994, published in M. P. Gazette (Extraordinary) dated 16th January 1994, which is now replaced by Act No. 8 of 1994, keeping the same provisions.3. Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973 (No. 24 of 1973) was enacted to provide for the better regulation of buying and selling of agricultural produce and the establishment and proper administration of markets for agricultural produce in the State of Madhya Pradesh. Under Section 4 of the Adhiniyam a market is established. Market-area means the area for which a market is established under Section 4. Market-Committee means a committee constituted under Section 11 of the Adhiniyam. Market functionary includes various persons engaged in the business in the market area as defined in Section 2(j).4. On the ...
Tag this Judgment!Naresh Kumar @ Naresh Chandra Vs. Balmukund
Court: Madhya Pradesh
Decided on: Apr-25-1994
Reported in: II(1994)DMC376
T.S. Doabai, J.1. One Ramratan had certain properties situated Sarafa Bezar, Lashkar, Gwalior. He had a wife by the name of Achrajbai. Ramratan had in adopted son Balkishaa. Balkishan was a lunatic. This Balkishan was married to one Radhabai. They had an adopted son Naresh. Ramratan died sometime in the year 1940 and Balkishan died in the year 1974. Thus, Radhabai, Naresh and Achrajbai became the legal heirs of Balkishan under the law. It may be mentioned that so far as the factum of adoption of Naresh is concerned was disputed but this issue was settled by this Court in favour of Naresh.2. As Balkishan was a lunatic--there is no dispute regarding this disability suffered by him his property was managed by trustees consisting of one Banshidhar, brother of Achrajbai, Jagannath Prasad and Bhajanlal. Jagannath Prasad and Bhajanlal died. It is alleged that half of the property was handed over to Naresh and the remaining half was being managed by Achrajbai.3. Achrajbai executed three Wills,...
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