Madhya Pradesh Court July 1994 Judgments
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Lata Saluke Vs. Shivaji Rao Saluke
Court: Madhya Pradesh
Decided on: Jul-27-1994
Reported in: I(1995)DMC42
Tej Shankar, J.1. This revision petition has been preferred against order dated 18-3-1994 passed by Smt. Manjusha Namjoshi, Seventh Additional District Judge, Gwalior, in a petition Under Section 24 of the Hindu Marriage Act.2. The parties have appeared before me and have prayed that the revision petition be heard on merits at the initial stage. It has, therefore, been heard on merits and is being disposed of.3. The facts necessary for the disposal of this revision petition are that a petition was moved by Shivaji Rao, Saluke against Smt. Lata Saluke for divorce which was being contested. During the pendency of the original petition the present petitioner Smt. Lata Saluke moved an application Under Section 24 of the Hindu Marriage Act for interim maintenance. That petition was allowed by the impugned order dated 18-3-1994. The learned Trial Court allowed a sum of Rs. 450/- per month from the date of the order upto the date of final decision. The petitioner being aggrieved from the orde...
Shiv NaraIn Vs. Dasodiya
Court: Madhya Pradesh
Decided on: Jul-27-1994
Reported in: II(1994)DMC554
N.N. Singh, J.1. Smt Dasodiya daughter of Basudev Vishwakarma who is non-applicant in the present revision had filed an application for grant of maintenance Under Section 125 Cr.P.C. in the Court of J.M.F.C., Mauganj, district Rewa, against the present applicant Shiv Narayan but the same was dismissed vide order dated 20 4.90 on the ground that the applicant had failed to establish the fact that she was legal, marriage wife of Shiv Narayan. Smt. Dasodiya being aggrieved by the order of the Trial Magistrate preferred Criminal Revision No. 51/90 before the IIIrd Additional Sessions Judge. Rewa who vide order dated 9-4-92 allowed the revision holding that Dasodiya was the married wife of Shivnarayan alias Saboo and he awarded maintenance allowance not only to Smt, Dasodiya but also to her daughter at the rate of Rs. 500/- per month from the date of the application and this order is under challenge in the present revision filed on behalf of applicant Shivnarayan.2. The First ground on whic...
M.P. State R.T.C. Vs. Rajkumari and anr.
Court: Madhya Pradesh
Decided on: Jul-27-1994
Reported in: II(1994)ACC558
I. Panduranga Rao, J.1. The first respondent in this appeal filed claim petition claiming compensation of Rs. 1,25,000/- on the ground that when her husband was travelling on the carrier of the cycle on 2.10.1982 at about 8.00 p.m. the bus belonging to the appellant and driven by the second respondent came from behind and dashed against the cycle, resulting in his death. Basing on the evidence adduced before it, the learned Motor Accident Claims Tribunal has awarded compensation of Rs. 55,000/-.2. Alleging that the said award is highly excessive, the M.P. State Road Transport Corporation has preferred the appeal. The claimant (the first respondent) has filed cross-objection on the ground that the compensation of Rs. 55,000/- awarded by the Tribunal is low.3. The learned Counsel for the appellant attacked the award of the Claims Tribunal on three grounds, the first submission made by him is that the cyclist had suddenly swerved the cycle to a side, which was the cause for the accident. ...
Mithilesh Sahu Vs. State of Madhya Pradesh and 4 ors.
Court: Madhya Pradesh
Decided on: Jul-26-1994
Reported in: I(1995)DMC190
M.V. Tamaskar, J.1. This is an application by the wife for quashing the prosecution of the husband Under Section 498 Cr.P.C.2. Parties were married in sometime 1985. They have developed restrain relations and on 11-2-86 the wife made a report to the Police Station for harassment. Case was registered and challan was filed before the Court. A compromise application was filed on 25-2-92 on the ground that they have amicably settled their dispute as such the prosecution against the husband be dropped.3. During the course of the prosecution, a suit for divorce was filed by the husband and also a prosecution Under Section 496 was initiated by the wife. Both these litigations were withdrawn and the wife is living with the applicant peacefully till this date when the case come for hearing before this Court.4. Section 498A is not compoundable. However the submission of the applicant is in view of the fact that the parties have solved their problems, the prosecution of the husband will vitiate t...
Santosh Kumar Bharti Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-1994
Reported in: 1996(0)MPLJ433
ORDERM.V. Tamaskar, J.1. This is a petition by the accused alleging that his prosecution under the provisions of Prevention of Corruption Act is illegal inasmuch as he had not demanded any bribe nor he had participated in any act or omission which may come within the mischief of the Prevention of Corruption Act. It is alleged that an offence under Section 324, Indian Penal Code was being investigated against Bhawanlal Pawar, P. S. Ari., Distt. Seoni, Some time in the year October, 1989, Constable Mustaque Karim Khan visited the village and the constable demanded money alleging that it is required to be given to the applicant. The constable was trapped and the amount of bribe was seized from him. The constable states that the amount was demanded by the applicant through him not to register offence or else he will register an offence.2. The arguments of the learned counsel for the applicant is that on the basis of the statement of constable, the applicant cannot be prosecuted as he had n...
Raghunandansingh Udaysingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-1994
Reported in: 1995(0)MPLJ321
ORDERJ.G. Chitre, J.1. Shri T. N. Singh learned counsel for the applicant submitted that in the present matter, the said liquor has not been examined by the competent authority. He further argued that there is no evidence on record to show that the said liquor was purchased from the applicant, who happens to be a young man coming from a good family. He pointed out that the incident is dated 17-6-1994, and therefore investigation must have been completed.2. Shri Desai, Dy. Government Advocate for the State has submitted that the said liquor has been examined by Dr. G. C. Bhat, belonging to the Mobile Unit of Forensic Science Laboratory, Sagar. He submitted that two persons died by consumption of the said liquor sold by the applicant. Learned Dy. Government Advocate, Shri Desai pointed out the provision of Section 49A(II) (sic) of Excise Act, 1975 (hereinafter referred to as 'Excise Act') and submitted that the bail application be dismissed.3. In the matter of Sheikh Salim v. State of M....
Shahid HussaIn Zahid HussaIn Vs. Municipal Council and ors.
Court: Madhya Pradesh
Decided on: Jul-26-1994
Reported in: 1995(0)MPLJ581
ORDERM.V. Tamaskar, J.1. The order passed in this petition shall also govern the disposal of Misc. Petition No. 214/92, M/s Siharchand Ratanchand Singh and Ors. v. State of M. P. and Ors.; Misc. Petition No. 447/92, V K. Tiwari v. State of M. P. and Ors.; Misc. Petition No. 1449/92, V. K. Bajpai v. State of M. P. and Ors.; Misc. Petition No. 1450/92, Dharamvir Sharma v. State of M. P. and Ors.; Misc. Petition No. 1067/92, Santosh Kumar v. State of M. P. and Ors.; Misc. Petition No. 3755/92, Babbu Singh v. State of M. P. and Ors.; Misc. Petition No. 3774/92, The Bharat Co-op. Transport Society Ltd. v. State of M. P. and Ors.; Misc. Petition No. 53/93, Bus Operator Union v. State of M. P. and Ors.; Misc. Petition No. 312/93, M/s R. S. Fouzdar Bus Service v. State of M. P. and Ors.; Misc. Petition No. 859/93, B. P. Singh v. State of M. P. and Ors.; Misc. Petition No. 1469/93, Ushman Khan v. State of M. P. and Ors.; Misc. Petition No. 1549/93, A. N. Sharma v. State of M. P. and Ors.; Misc....
Gajendra Singh Vs. Nagarpalika Nigam, Gwalior and ors.
Court: Madhya Pradesh
Decided on: Jul-25-1994
Reported in: AIR1996MP10
ORDERT.S. Doabia, J.1. The brief facts for the purposes of this petition preferred under Article 226 of the Constitution of India are as under:The Municipal Corporation, Gwalior invited tenders for the purpose of giving contract to look after the boating in the Savarkar Sarovar, Gwalior. The advertisement, in this regard, was issued in the local newspaper. The tenders were opened on 21st of December, 1993. The petitioner's offer was for Rs. 60,500/- for three years. Since theoffer of the petitioner was highest, he wasrequired to deposit Rs. 20,200/- as contract'money. This was deposited vide receipt No.391/148/93 on 27-12-1993.2. The grievance of the petitioner is that his offer was the highest and, therefore, the action of the Municipal Corporation in not accepting the same cannot be sustained. Annexure P/3 is a resolution adopted by the Corporation. A view was formed by its Administrator that the contract may be given to the petitioner for a period of three years from 1-1-1994 to 31-...
Khumano Bai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-25-1994
Reported in: 1995(0)MPLJ67
ORDERT.S. Doabia, J.1. In this petition the election of Smt. Lakshmibai, respondent No. 4, has been challenged on the ground that nomination paper of one Manjit Kaur who figures as respondent No. 2, was wrongly accepted. It is alleged that as a person who was not eligible to take part in the process of election, has been permitted to contest the election, this has materially effected the result of the election.2. Shri K. N. Gupta, learned Government Advocate appearing for the State has taken a preliminary objection to the maintainability of the petition on the ground that the election of respondent No. 4 can be challenged only by way of an election petition.3. This position is not accepted by the counsel for the petitioner. To counter the argument raised by the State Shri Arun Mishra, learned counsel appearing for the petitioner has submitted that the remedy of election petition provided under the Act is illusory inasmuch as election petition has to be preferred before a Sub Divisional...
Shriyana Kumar JaIn and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-25-1994
Reported in: 1995(0)MPLJ100
ORDERT.S. Doabia, J.1. This is a petition filed under Article 227 of the Constitution of India. The grievance of the petitioners is that their application seeking reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), has been withheld contrary to law. The Collector had rejected the prayer on the ground that the application was barred by limitation.2. Before dealing with the arguments raised by the petitioner, it would be appropriate to cite the provisions of Section 18 of the Act. This section reads as under :-'18. Reference to Court. - (1) Any person interested who has not accepted the award may, by written application to the Collector for the determination of the Court whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested, or the amount of costs allowed.(2) The application shall state the grounds on wh...
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