Madhya Pradesh Court November 1995 Judgments
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M.P.S.R.T.C. and 2 ors. Vs. Poornima and ors.
Court: Madhya Pradesh
Decided on: Nov-06-1995
Reported in: (1997)IIILLJ203MP
A.R. Tiwari, J.1. This order governs the disposal of the connected six Misc. Appeals as particularised above. These appeals are directed against the common award datedMay 2, 1991 passed in six claim cases arising out of one accident, by Member, Motor Accident Claims Tribunals, Mandsaur. The connectable references are as under:(a) Misc. Appeal No. 304 of 1991 is filed against the award passed with reference to Claim Case No. 16 of 1986;(b) Misc. Appeal No. 305 of 1991 is filed with reference to award passed in Claim Case No. 11 of 1986.(c) Misc. Appeal No. 306 of 1991 is directed against the award passed with reference to Claim Case No. 27. of 1986;(d) Misc. Appeal No. 307 of 1991 is presented against the award passed with reference to Claim Case No. 33 of 1986;(e) Misc. Appeal No. 308 of 1991 is filed with reference to award passed in Claim Cases No. 32 of 1986; and(f) Misc. Appeal No. 309 of 1991 is filed against the award passed with reference to Claim Case No. 17 of 1986.Barring Cla...
Rajesh Kumar and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-06-1995
Reported in: II(1996)DMC182
T. Shankar, J.1. This appeal has been preferred by the appellants /accused against the order of conviction and sentence passed against them under Sections 306 and 498A of the I.P.C. Both the accused persons were convicted under Section 306, I.P.C. and sentenced to 3 years rigorous imprisonment and a fine of Rupees 500/- each. They were further convicted under Section 498A and sentenced to 3 years rigorous imprisonment. Both the sentences are ordered to run concurrently. During the pendency of the appeal the accused/appellant Matadin died and his appeal abated vide order dated 20.10.94.2. Briefly narrated the facts are that the deceased Meena, daughter of PW 1 Mohandas was married to accused/appellant No. 1 Rajesh Kumar about 4 or 5 years prior to the occurrence. Matadin was her father-in-law. Both of them used to commit cruelty upon her and harass her. They demanded a sum of Rs. 1500/- as dowry. Rajesh had also written letters in this regard to Mohandas and had also extended threats. T...
Ashok Kumar and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-06-1995
Reported in: I(1997)DMC567
Tej Shanker, J.1. This appeal has been preferred by the appellants against the order of conviction and sentence passed against them under Section 498A of the IPC on 17th March, 1992 by the First Additional Sessions Judge, Morena. Both of them have been sentenced to a term of six months' rigorous imprisonment and a fine of Rs. 200/- in default another term of one month imprisonment has been awarded. Briefly narrated the facts are that on 23.7.1987 a report was lodged by one Raghuvir Singh at Police Station Porsa, District Morena, that he had come to know that the wife of Ashok who was alright, died out of burn injury in the night and the family members were going to cremate her. It was not known as to how she was burnt. On the basis of this report, Marg Crime No. 15/87 was registered and usual investigation took place. After investigation a charge sheet was submitted under Sections 304B, 306,498A and 201 of the IPC. The prosecution examined PW 1 Khushilal, father of the deceased Smt. Mu...
Vishal Kumar S/O Girdhar Gopal and anr. Vs. State of Madhya Pradesh an ...
Court: Madhya Pradesh
Decided on: Nov-06-1995
Reported in: 1996(0)MPLJ659
ORDERT.S. Doabia, J.1. An order passed under Sections 39 and 40 of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act) was subject matter of a writ petition bearing No. 117/89. This came to be decided on 6th of April, 1989. The Division Bench gave positive direction that Shri R. K. Jain who came to occupy the above premises under the Act, would continue to so occupy till his transfer. These premises are located within the town of Vidisha. This Court said in categoric terms that on transfer of Shri R. K. Jain the possession of the premises shall be delivered to the petitioners. It was further stated that all proceedings between the parties under the Act, in regard to the premises in question would stand terminated. Para (ii) and Para (iii) of the order are relevant and be noticed :(ii) Dr. R. K. Jain, son of Shri M. L. Jain, petitioner in Misc. Petition No. 117/89 and respondent in M. P. No. 368 of 1989, is in occupation of a premises of which Vishal ...
Ramswaroop Dohare and anr. Vs. Ayukt Sahkarith Avam Panjiyak Sahkari S ...
Court: Madhya Pradesh
Decided on: Nov-03-1995
Reported in: AIR1996MP187
ORDERT.S. Doabia, J.1. The election process started with a view to establish Managing Committee of respondent No. 1, sanstha, is sought to be brought to a halt by passing an order, copy of which is Annexure P/2. Election programme was issued on 30th of August, 1995. The nominations were to filed on 28th of September, 1995. These forms were scrutinised on 29th of September, 1995. 30th of September, 1995, was the date fixed for withdrawal of nominations. The symbols were allotted. Thereafter, the elections were to be held on 6th of October, 1995. However, by issuance of Annexure P/2, the election-process, as noticed above, has been brought to a grinding halt.2. The only contention raised by the counsel appearing for the petitioners is that once the election programme 'has been pronounced, it should be allowed to be completed. The counsel placed reliance on a decision given in Rajendra Shukla v. A. B. Qureshi, Assistant Registrar, Co-operative Societies, Bilaspur, 1985 Jab LJ 370. Para 6 ...
Kamal Chand JaIn Vs. Banking Ombudsman and ors.
Court: Madhya Pradesh
Decided on: Nov-03-1995
Reported in: AIR1996MP180; [1998]91CompCas410(MP)
ORDERT.S. Doabia, J.1. The refusal on the part ofthe Banking Ombudsman to proceed with thecomplaint preferred by the petitioner, is thesubject-matter of this writ-petition. The brieffacts for the purpose of this petition benoticed. 2. According to the petitioner his entire business, stock, furniture and even domestic appliances were lost in a fire. The petitioner submits that the Andhra Bank, Kampoo Road, Gwalior was requested to give financial assistance. An application was submitted in the month of September, 1993. According to the petitioner as action was not taken, he preferred a complaint before the Banking Ombudsman. This has not been looked note for reason indicated in the order (Annexure p/1). The reason given isa suit stands filed by the Bank on the same subject matter. Recovery of amount advanced to the petitioner is sought to be made.3. Notice of motion was issued.Appearance has been put on behalf of Andhra Bank. In addition to the reasons given in Annexure P/1, one more obj...
Puskar Sharma and ors. Vs. Smt. Sudha Mishra
Court: Madhya Pradesh
Decided on: Nov-03-1995
Reported in: [1997]226ITR401(MP)
R.S. Garg, J.1. The appellant being aggrieved by the judgment and decree dated. 9-2-1994 passed in regular Civil Appeal No. 1-A/92 by the learned II Addl. Judge to the Court of Distt. Judge, Bilaspur, reversing the judgment and decree dated 21-10-1991 passed in Civil Suit No. 22-A/91 by the learned VI Civil Judge, Class II, has preferred this appeal.2. The brief facts leading to the appeal are that the respondent/landlord having succeeded to the property in a will executed by Siyavarsharan filed a suit for eviction of the appellant/tenant Ramsewak alleging that the tenant has not paid the rent despite demand, has changed the user of the premises, the premises are needed bona fide by the landlord, the premises need repairs and the tenant has acquired vacant possession of the accommodation suitable for his residence. The original tenant Ramsewak contested the suit on all possible grounds and contended that hewas not liable to be evicted. It was submitted that the user of the suit premise...
Prasadi Lal Vs. Smt. Mathura Bai and ors.
Court: Madhya Pradesh
Decided on: Nov-03-1995
Reported in: AIR1996MP246; 1996(0)MPLJ71
ORDERT.S. Doabia, J.1. The brief facts for the purposes of this petition are as under :Narainlal, Babulal, Jagdish Prasad and Radhabai filed a civil suit. This suit was for recovery of a specified amount. The suit was filed against the present petitioner Parsadilal and also against one Budhuram. Ultimately, a decree came to be passed against Parsadilal. He preferred an appeal in the appellate Court. It transpired that the present petitioner did not implead Radhabai as a respondent in the appeal. One Budhuram co-defendant was also not arrayed as a defendant. In action of non-impleading of Bhudhuram, resulted into dismissal of the appeal as not properly filed. It be seen that in para 10 of the grounds of appeal, the petitioner did state that Radhabai died before the decree was passed in her favour.2. As Budhuram was not arrayed as a respondent, the first appellate Court as noticed above has dismissed the appeal. It js basically against the above order, the present petition has been prefe...
Gwalior Ceramic and Potteries Pvt. Ltd. Vs. Karamchand Thapar and Bros ...
Court: Madhya Pradesh
Decided on: Nov-02-1995
Reported in: 1996(0)MPLJ772
Tej Shankar, J.1. This is defendant's appeal against the decree passed by the learned trial Court for recovery of rupees 11,765.52 with 12% interest per annum. Briefly narrated the facts are that the plaintiff/respondent filed a suit for recovery of Rs. 32,929.48. The parties are private limited companies. The defendant authorised the plaintiff to purchase coal for them from M. P. Coalfield and other parties. The plaintiff supplied coal from 30-4-1980 to 31-1-1981 as detailed in para. 3 of the plaint of the value of Rs. 40,310.78. A sum of Rs. 4,590/- towards truck charges and Rs. 322.51 towards other expenses were also payable. Thus, a total sum of Rs. 45,223.30 was payable. An entry was made in the account books which were maintained in the ordinary course of business. Different sums of money were paid to the plaintiff as detailed in para. 4 of the plaint on various dates totaling 22,103.80. Thus, a sum of Rs. 23,119.50 remained unpaid in spite of a notice dated 27-4-1982. Interest a...
New India Assurance Co. Ltd. Vs. Riaz Mohammed and ors.
Court: Madhya Pradesh
Decided on: Nov-02-1995
Reported in: 1996ACJ655
N.K. Jain, J.1. The claim cases giving rise to all these appeals (M.A. No. 148 of 1989, New India Assurance Co. Ltd. v. Bhimaji M.A. No. 150 of 1989, New India Assurance Co. Ltd. v. Jagdish Chandra) arose out of the same motor accident and since common question of law is involved in all these appeals, these are being taken up together and disposed of by this single judgment.2. It is no more in dispute in these appeals that on 20.12.1986 respondents Riaz Mohammed, Bhimaji and Jagdish Chandra were travelling in a passenger bus No. CPU 5426 which met with an accident causing injuries to the aforesaid respondent passengers. They preferred claims before the Motor Accidents Claims Tribunal, Kukshi, under Section 110-A of the Motor Vehicles Act, 1939, which was then in force. The Tribunal awarded compensation of Rs. 31,000/-, Rs. 22,000/- and Rs. 39,500/- to the aforesaid claimants vide impugned orders dated 5.4.1989 passed in Claim Case Nos. 1, 20 and 7 of 1987, respectively. The appellant i...
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