Madhya Pradesh Court February 1995 Judgments
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Munni Begum Vs. Abdul Sattar
Court: Madhya Pradesh
Decided on: Feb-08-1995
Reported in: II(1995)DMC94
A.S. Tripathi, J.1. These two revisions, being connected matters are taken up together, and are disposed of by mis common order. Criminal Revision No. 186/1994 shall be the leading case.2. This revision is filed against the order dated 18th July, 1994 passed by the Sessions Judge of Shivpuri, whereby the order of the learned Trial Magistrate granting maintenance to the petitioner was set-aside. The learned Sessions Judge held that the applications Under Sections 125(3), 127 and 128 of the Code of Criminal Procedure (for short the 'Code') were not maintainable in view of the retrospective effect of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter, referred to as the 'Act').3. In brief, the facts of the case are that the petitioner was married to the non-petitioner on 22.7.1968 in accordance with the customs of Sunni Muslim at Kolaras in the district of Shivpuri. The non-petitioner had divorced the petitioner on 8.9.1991. Thereafter, the petitioner had moved an appli...
Bhanwar Singh Vs. Ramcharan and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1995
Reported in: II(1995)ACC75
Fakhruddin, J.1. This is an appeal by claimant-injured for enhancement of Award passed by Motor Accident Claims Tribunal, Gwalior, in claim case No. 60/83, on 22.11.1988.2. Brief facts of the case are as under: The accident occurred on 24.3.1983 at about 1.30 p.m., while the claimant (acyclist) was going on his duty from Morar towards J.C. Mill had crossed the Railway Crossing on his left side, it is alleged that Rarricharan (Respondent No. 1), who was driving a truck No. 2932, belonging to M.P.S.R.T.C. came from behind rashly and negligently and dashed the cyclist, as a result thereof he fell down and sustained injuries on right thigh, right hand middle finger, left elbow and other parts of the body. The bicycle was also damaged. He was taken in J.C. Mill's Ambulance to the Gwalior Police Station where a report was lodge and an offence under Sections 279 & 330 Indian Panel Code was registered at Crime No. 192/83.The claimant-injured was admitted in J.A. Hospital and remained there fro...
Vinay Kumar Vs. Smt. Mithileshbai
Court: Madhya Pradesh
Decided on: Feb-07-1995
Reported in: II(1995)DMC133
N.P. Singh, J.1. This revision application is directed against the Order dated 25.8.1994 as also Order dated 27.9.1994 passed by the 6th Addl. District Judge, Durg Camp. Bemetra, in Civil Suit No. 4A/93.2. By order dated 25.8.1994 it was held that the prayer for grant of maintenance allowance under Section 24 of the Hindu Marriage Act can be considered before the W.S. filed by the wife, and by order dated 27.9.1994, the non-applicant/ wife was granted interim maintenance allowance to Rs. 400/-, Rs. 500/- as lawyer fees and Rs. 1000/- towards the litigation expenses. The interim maintenance allowance was ordered to be paid to the non-applicant/wife from 24.12.1993, the date of the filing of the application under Section 24 of the Hindu Marriage Act for grant of interim maintenance allowance.3. The applicant/husband has filed an application under Section 13 of the Hindu Marriage for dissolution of his marriage with the non-applicant, his wife by decree of divorce, on the ground that she ...
Ramsiya Sharma Vs. Meera Devi
Court: Madhya Pradesh
Decided on: Feb-07-1995
Reported in: I(1995)DMC614
A.S. Tripathi, J.1. This appeal is preferred against the judgment and decree dated 8th of Feb., 1993 passed by the 1st Additional District Judge of Bhind, whereby the suit of the plaintiff/appellant for dissolution of marriage with the defendant/respondent was dismissed.2. The plaintiff/appellant had filed a civil suit for dissolution of marriage on the ground that the respondent/defendant was living in adultery with his own elder brother Kishnu. The allegation was denied by the respondent in the written-statement filed by her in the Trial Court. The Trial Court had framed necessary issues on the point as to whether the respondent was living in adultery with the elder brother of the plaintiff appellant Kishnu for quite sometime and two children were born on account of her adulterous conduct with Kishnu.3. Heavy burden was upon the plaintiff/appellant to prove this fact of adultery. To prove this fact, the plaintiff had examined himself as P.W. 1 and his sole interested testimony was re...
Hukum Singh Vs. Smt. Satya Bhama
Court: Madhya Pradesh
Decided on: Feb-07-1995
Reported in: II(1995)DMC502
N.P. Singh, J.1. This revision application is directed against the order dated 1.10.1992 passed by the Addl. Sessions Judge, Sakti, District Bilaspur, whereby he passed an order for interim maintenance allowance to the non-applicant, reversing the order of the Judicial Magistrate passed in a proceeding under Section 125 of the Code of Criminal Procedure.2. The non-applicant/wife of the applicant moved an application under Section 125 of the Code of Criminal Procedure before the Judicial Magistrate, Sakti for grant of maintenance. Pursuant to the notice the applicant appeared and contended that the application under Section 125 of the Code of Criminal Procedure was not maintainable as the non-applicant was living with her son and she was being maintained by her son, who is in possession of 40 acres of land of the applicant. The learned Judicial Magistrate on consideration of the evidence of the parties rejected the application for grant of interim maintenance allowance to the non-applic...
Vinay Kumar @ Binnoo Tripathi Vs. Mathileshbai
Court: Madhya Pradesh
Decided on: Feb-07-1995
Reported in: II(1995)DMC514
N.P. Singh, J.1. This revision application is directed against the Order dated 25.8.1994 as also Order dated 27.9.1994 passed by the 6th Addl. District Judge, Durg Camp, Bemetra, in Civil Suit No. 4A/93.2. By order dated 25.8.1994 it was held that the prayer for grant of maintenance allowance under Section 24 of the Hindu Marriage Act can be considered before that W.S. filed by the wife, and by order dated 27.9.1994 the non-applicant/ wife was granted interim maintenance allowance to Rs. 400/-, Rs. 500/- as lawyer fees and Rs. 1000/- towards the litigation expenses. The interim maintenance allowance was ordered to be paid to the non-applicant/wife from 24.12.1993, the date of the filing of the application under Section 24 of the Hindu Marriage Act for grant of interim maintenance allowance.3. The applicant/husband has filed an application under Section 13 of the Hindu Marriage for dissolution of his marriage with the non-applicant, his wife by decree of divorce, on the ground that she ...
Dr. SachIn Deo Vs. Director of Medical Education, M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-06-1995
Reported in: AIR1995MP164; 1995(0)MPLJ502
ORDERA.R. Tiwari, J. 1. This is a petition under Arts. 226/227 of the Constitution of India. 2. Facts are few. The petitioner, resident of Indore, secured admission in M.D. (Medicine). First year in J.R. Medical College, Gwalior in counselling, despite his inbred indication about M.C.M. Medical College, Indore. In 1992, he did his M.B.B.S. at Indore. On availability of seats at Indore, due to abandonment of the same by Dr. Sudhir Mungi, Dr. Sanjay Ahirwar and due to allotment from Assistant Surgeon quota, the petitioner, troubled and tortured by his family circumstances (father is at Bhopal, mother resides at Indore with no one to look after. She is operated twice. Petitioner to rush to Indore at short notices), applied for his transfer from Gwalior to Indore but heard nothing. He then filed Misc. Petn. No. 1347 of 1994 which was disposed of on .1-9-1994 (Annexure-'B') with direction to decide his pending representation. Respondent No. 1 (Director), however, rejected the same on 22-9-1...
Sajanbai Vs. Illias Mohd.
Court: Madhya Pradesh
Decided on: Feb-06-1995
Reported in: I(1996)ACC297; 1995ACJ940
R.D. Shukla and Deepak Verma, JJ.1. Heard Mr. S. Patwa for appellant on admission.2. This appeal is directed against the award dated 25.6.1993 of M.A.C.T., Mhow, passed in Claim Case No. 95 of 1987, whereby the appellant has been awarded compensation of Rs. 46,000/- in all for having sustained injury in the motor accident on 9.11.1985.3. This is not in dispute that Mangilal, husband of present appellant, was driving a motor cycle No. MPM 9017 and they were proceeding from Kadampura to Mhow. One truck No. MBC 1632, driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 came at a high speed and dashed against the motor cycle. Sajanbai, appellant, was injured, she sustained fracture of femur and the right patela bone. Mangilal died in the accident. Two separate claim petitions were filed.4. Learned Tribunal on the claim petition filed by the present appellant for her injuries has awarded Rs. 6,000/- towards expenses for treatment, Rs. 15,000/- for the phys...
Smt. Durgwatiyabai Vs. Govinddas
Court: Madhya Pradesh
Decided on: Feb-05-1995
Reported in: II(1995)DMC58
N.P. Singh, J. 1. This revision application is directed against the order dated 9.4.1992 passed by the Second Addl. Sessions Judge, Rewa in Criminal Revision No. 88/90 whereby he reduced the maintenance allowance payable to the applicant to Rs. 150/- per month from Rs. 200/- as was granted by the Trial Magistrate.2. The applicant/wife moved an application under Section 125 of the Code of Criminal Procedure before the Judicial Magistrate, Hauganj, Rewa for grant of maintenance allowance to her on the ground that she was ousted by the non-applicant/husband from his house and had deserted her and he had married another lady.3. Pursuant to the notice the non-applicant/husband appeared and stated that he was all along willing and ready to maintain the applicant.4. The learned Judicial Magistrate, on consideration of the evidence adduced by the parties allowed maintenance allowance to the applicant to Rs. 200/-per month payable from the date of the order. As against that the non-applicant/ h...
State Election Commission, Bhopal Vs. Ras Bihari Raghuwanshi and ors., ...
Court: Madhya Pradesh
Decided on: Feb-03-1995
Reported in: AIR1995MP245; 1996(0)MPLJ966
U.L. Bhat, C.J. 1. These appeals are filed by the State Election Commission constituted under Article 243K of the Constitution and Section42 of the M. P. Panchayat Raj Adhiniyam, 1994 (for short 'the Act') against the common order passed by the learned Single Judge in W. P. Nos. 2102/94, 2100/94 and 2101/94 filed by the respective first respondents in these appeals.2. The cases arise in regard to the election for the post of one Sarpanch in each of three Panchayats, Utiyakalan, Ahmadpur and Maheshwar respectively. We will refer to the facts in L. P. A. No. 142/94 which relates to a seat reserved for ladies. Three ladies, namely, first respondent Pramilabai, fifth respondent Manoramabai and one Shakunbai, filednominations. On the day of scrutiny of nominations namely, 3-5-1994, the nominations of Manoramabai and Shakunbai were rejected by the Returning Officer, thereby leaving only one candidate with a valid nomination. Rejection of nomination papers was effected because of alleged unau...
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