Madhya Pradesh Court September 1994 Judgments
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Smt. Laxmibai Vs. Keshrimal Jain
Court: Madhya Pradesh
Decided on: Sep-07-1994
Reported in: AIR1995MP178; 1995(0)MPLJ105
S.K. Dubey, J. 1. This is an appeal under Clause 10 of the Letters Patent by the appellant/defendant, the wife, against the judgment and decree dated 27-11-1984, passed by a learned single Judge of this Court in First Appeal No. 29 of 1984 (decision reported in AIR 1986 MP 138), preferred against ex parte judgment and decree for judicialseparation passed under Section 13A of the Hindu Marriage Act, 1955, for short, the 'Act' by the District Judge, Gwalior, on 15-9-1981.2. Material facts giving rise to this appeal are these. Respondent was married to appellant according to Hindu rites in November, 1978, at Morar, Gwalior. From the wedlock, a son Jitendra Kumar and a daughter, Kumari Chandni, aged 3 years and 1 year respectively, on the date of institution of the suit, were begotten to them. The respondent claimed dissolution of marriage by a decree of divorce under Section 13(1)(i-a) of treating the husband with cruelty as the appellant used to tease him by making allegations and aspers...
Rana Pratapsingh Vs. Cotton Corporation of India Ltd.
Court: Madhya Pradesh
Decided on: Sep-07-1994
Reported in: (1995)IILLJ160MP
ORDERU.L. Bhatt, C.J. 1. This order shall dispose of L.P.A. No. 28/94 (Rana Pratapsingh v. Cotton Corporation of India Ltd. and Ors.) and L.P.A. No. 29/94 (Cotton Corporation of India Ltd. and Ors. v. Rana Pratapsingh). The writ petitioner and respondents in this writ petition (M.P. No. 1558/89) have filed these appeals.2. We have heard Shri G.M. Chaphekar with Shri K.N. Puntambakar and Shri Samvatsar, appearing for the appellant in L.P.A. No. 28/94 who is a respondent in L.P.A. 29/94 and Shri Kulkarni, who appeared for the appellants in L.P.A. No. 29/94, who are respondents in L.P.A. 28/94.3. The writ petitioner, an employee of the Cotton Corporation of India Limited (a Public Undertaking), was removed from service as a result of disciplinary action. The order was passed by the Chairman-Cum-Managing Director on April 11, 1989. The employee preferred an appeal before the Board of Directors. The Board of Directors considered and dismissed the appeal by a resolution dated December 18, 19...
Govind Das Biyani and ors. Vs. Badri Narayan Rathi
Court: Madhya Pradesh
Decided on: Sep-07-1994
Reported in: 1995(0)MPLJ194
ORDERR.P. Awasthy, J.1. By filing the present petition under Section 482, Criminal Procedure Code it is being sought that the complaint filed by the non-applicant against the present petitioners be quashed.2. Facts of the case are as below :The petitioners and the non-applicant are partners of a firm. The present non-applicant filed a complaint in the Court of Chief Judicial Magistrate, Bhopal, alleging, inter alia, that the accounts of the said partnership firm used to remain in the custody of petitioner No. 4 who was responsible for maintaining the said accounts. It has been further alleged that from the month of March 1989 petitioners Nos. 1 to 3 in collusion with petitioner No. 4 conspired to commit criminal breach of trust by fraudulently depriving the present non-applicant of his share and earnings of the said firm and usurping amount of the said firm. To fulfil the said conspiracy, the said partners of the firm kept the present non-applicant away from the accounts of the said fi...
Ranjit Narayan Haksar Vs. Surendra Verma
Court: Madhya Pradesh
Decided on: Sep-07-1994
Reported in: 1995(0)MPLJ21
ORDERU.L. Bhat, C.J.1. The common petitioner in these revision petitions has challenged the orders passed by the Rent Controlling Authority in two different proceedings for eviction against his tenants, upholding the objection raised by the tenants that the proceedings cannot lie under Section 23-A of the M. P. Accommodation Control Act, 1961 (for short the Act).2. The landlord seeks eviction of tenants from different premises, under Section 23-A(a) of the Act on the ground of bona fide requirement for residence of himself and for members of his family, alleging that he has no other reasonable suitable accommodation of his own in the city or town concerned. Section 23-A is in Chapter III A which has been incorporated by the M. P. Act 27 of 1983. This chapter contains special provisions in regard to certain categories of landlords. 'Landlord' means a person who is a retired servant of any Government including a retired member of Defence Services or a retired servant of a company owned o...
Fattu @ Fatehsingh Laljiram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-07-1994
Reported in: 1995(0)MPLJ785
ORDERJ.G. Chitre, J.1. The petitioner is hereby taking exception to the order of conviction and sentence which has been passed against him by the Judicial Magistrate First Class, Shajapur in Criminal Case No. 479/88 wherein the learned Magistrate convicted the petitioner for an offence punishable under Section 326 of Indian Penal Code and sentenced him to RI for nine months with fine of Rs. 750/- in default further RI for three months which was modified to one punishable under Section 325 of Indian Penal Code by reducing the sentence to RI for three months and fine of Rs. 500/- in default RI for one month by the Sessions Judge, Shajapur in the matter of Criminal Appeal No. 81/89.2. The facts of the matter are that on 14-11-1986 at about 4.00 p.m. the petitioner and his father were digging out water channel for irrigating their land from the lands of prosecution witness Manohar, who happens to be the cousin of the petitioner. The field of Manohar was adjacent to the field of the petitio...
Fattu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-07-1994
Reported in: 1995CriLJ1970
ORDERJ.G. Chitre, J.1. The petitioner is hereby taking exceptions to the order of conviction and sentence which has been passed against him by the Judicial Magistrate, First Class, Shajapur in Criminal Case No. 479/88 wherein the learned Magistrate convicted the petitioner for an offence punishable Under Section 326 of IPC and sentenced him to R1 for nine months with fine of Rs. 750/- I.D. further R1 for three months which was modified to one punishable Under Section 325 of IPC by reducing the sentence to R1 for three months and fine of Rs. 500/- I.D. R1 for one month by the Sessions Judge, Shajapur in the matter of Cr. A. 81/ 89.2. The facts of the matter are that on 14-11 -86 at about 4-00 p.m. the petitioner and his father were digging out water channel for irrigating their land from the lands of prosecution witness Manohar, who happens to be the cousin of the petitioner. The field of Manohar was adjacent to the field of the petitioner. It is the prosecution case that at the time of...
Bhagatsingh Vs. Bhojsingh Rao and anr.
Court: Madhya Pradesh
Decided on: Sep-06-1994
Reported in: AIR1995MP53; 1995(0)MPLJ200
U.L. Bhat, C.J.1. This Second appeal has come up before us on a reference made by learned single Judge -- (Shri V. S, Kokje, J.).2. Respondents are landlords of a building let out to the appellant-tenant. They filed a suit for eviction of the tenant under Section 12(l)(h) of the M.P. Accommodation Control Act, 1961 (for short 'the Act') on the ground that the building was bona fide required for the purpose of rebuilding which cannot be carried out without the accommodation being vacated. The tenant defended the suit. The trial Court dismissed the suit. In the appeal filed by the landlords, the 1st Appellate Court reversed the findings of the trial court and granted a decree for eviction under Section 12(l)(h) read with Section 18 ofthe Act. The lower Appellate Court directed the tenant to vacate the building on or before 28-2-1990 and the landlords to construct the building on or before 28-2-1991 and to put the tenant in-possession of the building on or before 31-3-1991. This decree is...
State of M.P. Vs. Omprakash Ikbal Narayan
Court: Madhya Pradesh
Decided on: Sep-05-1994
Reported in: 1995(0)MPLJ766
ORDERJ.G. Chitre, J.1. The State is hereby assailing the order of discharge passed by the Judicial Magistrate First Class, Mandleshwar, in Criminal Case No. 54 of 1987 by which he discharged the respondent of the charge for committing offence under Section 326 read with Section 34, Indian Penal Code.2. The facts giving rise to the prosecution are stated as under :On 17-2-1987 at 5 P.M. complainant Jairam was talking with his son Vishnu and one Shobharam sitting on the outer platform of the house and at that time accused Pappu came there along with a tin of acid and threw the acid on the body of the complainant Jairam and Vishnu. The prosecution alleged that the present respondent at that time came out of his house and told Pappu to throw the acid properly on the person of complainant Jairam and ran away. The State alleged further in this petition that after the respondent said that way and ran away, the accused Pappu threw more acid on the person of the complainant and ran away.3. The ...
Devi Singh Rattan Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-02-1994
Reported in: 1995(0)MPLJ757
D.P.S. Chouhan, J.1. Devi Singh, the appellant on having been convicted for offence under Section 306, Indian Penal Code by Shri Satish Chandra Dubey, Additional Sessions Judge, Harda in S. T. No. 153/90, approached this Court by means of the present appeal.2. Nirmalabai was the wife of the appellant. They married 20 years hence the alleged occurrence. It appears that she committed suicide sometime in the night intervening 7th and 8th January, 1990 by consuming poison. She died while on way to hospital on 8-11990 and the F.I.R./Marg (Ex.P/1) was lodged by Ward Boy. Garibdas (P.W.I) at 8.35 A.M. at P.S. Timarni.3. The prosecution case in brief was that deceased Nirmalabai, the wife of the appellant, was married 20 years hence the alleged occurrence. During her life time about 15-16 years hence the date of alleged occurrence he married a second woman namely Kotubai. The appellant usedto beat and accuse Nirmalabai. On a night between 7th and 8th of January, 1990 Nirmalabai was given a bea...
Sarjubai Vs. Gurudip Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-02-1994
Reported in: 1994ACJ997
S.K. Dubey, J.1. Hon'ble the Chief Justice has ordered on a reference being made by one of us (S.K. Dubey, J.) that this case be placed before the Division Bench for the opinion of the Bench on the two questions specifically posed and for deciding the revision on merits. Questions posed are these:(1) Whether in a case where the insurance policy contains reservation clause the insurance company can raise all the defences which are available to the insured?(2) Whether a revision under Section 115 of the Civil Procedure Code lies to High Court against an order passed by the Motor Accidents Claims Tribunal?2. Facts giving rise to this revision are these. The applicant/claimant filed an application under Section 166 of the Motor Vehicles Act, 1988, (for short, the 'new Act') and claimed compensation of Rs. 3,53,000 for the injuries received by her in a motor accident caused on 3.8.1992 by truck No. HRP 8622 owned by non-petitioner No. 2, driven by non-petitioner No. 1 and insured by the Uni...
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