Madhya Pradesh Court April 1995 Judgments
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Ramjilal Munshilal Gaur Vs. Ganesha Mulu and ors.
Court: Madhya Pradesh
Decided on: Apr-20-1995
Reported in: 1995(0)MPLJ672
ORDERT.S. Doabia, J.1. The respondents No. 1 and No. 2 Ganesha and Ramsingh sought the benefit of Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Se Paritran Tatha Mukti Adhiniyam, 1976. According to them, they were made to part with a piece of agricultural land in survey No. 47 in village Semai, tahsil Datia for a petty amount of Rs. 2,000/-. An application preferred under the above Act was entertained and allowed by the competent authority. The copy of the order which came to be passed has been placed on record as annexure P/2. An appeal was preferred against the same. This appeal was dismissed. The copy of this order is annexure P/l. The purchaser felt aggrieved against the above orders. This is how the present petition under Articles 226 and 227 came to be filed by them in this Court.2. In support of the Petition the learned counsel for the petitioner has submitted :-(i) that, the petition filed by respondents Nos. 1 and 2 was barred by limitation...
Mohd. Mustafa Khan Vs. Gulam Raoof and ors.
Court: Madhya Pradesh
Decided on: Apr-19-1995
Reported in: AIR1996MP11
ORDERT.S. Doabia, J.1. A suit was filed by respondents Nos. 1 to 3 for declaration. It was also pleaded that the claim of the present petitioner on the basis of Will is of no consequence and it does not affect the right of the plaintiff/respondents Nos. 1 to 3.2. An application was preferred by the petitioner for trying issue regarding valuation and Court's jurisdiction as preliminary issues. In the application so filed the value on the house property was put at Rs. 4 lacs. After this, written statement was also filed. The petitioner pressed and made a prayer for trying the issue regarding jurisdiction as preliminary issue. The trial Court declined the prayer holding that this is a mixed question of law and fact. Against this order, a revision was filed. There was another matter also regarding which grievance was made. Case was sent to the trial Court. The trial Court did not interfere. The net result is that the issue in question was treated as an issue which could not be decided unle...
National Insurance Company Vs. Dr. (Mrs.) Vandana Tiwari and 2 ors.
Court: Madhya Pradesh
Decided on: Apr-19-1995
Reported in: I(1996)ACC307
N.P. Singh, J.1. This common Judgment also disposes of M.A. No. 88/90 as they arise out of the same motor accident.2. Both the appeals are preferred by the appellant, National Insurance Company against the award dated 25.7.89 given by the 6th Additional Motor Accident Claims Tribunal, Bhopal in M.C.C. Nos. 13 & 75/86 whereby compensation of Rs. 49, 318,80 paise was awarded to the claimant Dr. Vandana Tiwari respondent No. 1 in M.A. No. 87/90 and Rs. 21,100/- to Ashok Tiwari claimant/respondent No. 1 in M.A. No. 88/90 with interest @ 12% per annum.3. Material facts which has given rise to this appeal are that on 4.4.89 at about 10 p.m. the respondent/claimants who were husband and wife and were in the service of the State Government as Assistant Surgeons in Poly Clinic Hospital, Chhola road, Bhopal were travelling from Bhopal to Bairagarh in tempo number M.POW. 3060 being driven by the respondent No. 2 Raja and owned by respondent No. 2 Usmani when the tempo proceeded ahead near the gra...
Arun Grover, Vs. Institute of Chartered Accountants of India
Court: Madhya Pradesh
Decided on: Apr-18-1995
Reported in: [1998]93CompCas618b(MP)
M.V. Tamaskar, J.1. The order passed in this petition shall also govern the disposal of Miscellaneous Petition No. 3307 of 1993 (Anil Kumar Gupta v. Institute of Chartered Accountants of India, New Delhi), Misc. Petition No. 2792 of 1990 (Ram Narain, S/o. Balmukund Gupta v. Institute of Chartered Accountants of India, New Delhi) and Misc. Petition No. 2844 of 1989 (Premchand v. Institute of Chartered Accountants of India, New Delhi).2. The petitioners are chartered accountants registered with the Institute of Chartered Accountants of India. A notification was issued purporting to be in exercise of powers conferred by Clause (ii) of Part II of the Second Schedule to the Chartered Accountants Act, 1949, Relevant extract of the notification is quoted below :'To be published in Part III, Section 4 of the Gazette of India, dated February 4, 1989. 'Notification No. I-CA(7)/3/89, dated 13th January, 1989. In exercise of the powers conferred by Clause (ii) of Part II of the Second Schedule to ...
Laxmi Chand Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-18-1995
Reported in: 1996CriLJ1118
ORDERShacheendra Dwivedi, J.1. This revision is directed against the order dated 9-12-88 passed by the lower Court on a revision preferred by the State challenging the delivery of the seized wood to the petitioner under the direction of Judicial Magistrate First Class, Lateri.2. The house of the petitioner was searched on 14-11-86 by the Forest Department Officials and certain quantity of wood on the suspicion of the commission of Forest offence was seized. It is contended that as no further action was taken by the Forest Department against the petitioner in relation to the seized wood, the petitioner had moved an application under Section 457 of the Code of Criminal Procedure for the return of the seized wood to him.3. The learned Judicial Magistrate of First Class issued the notice of the application to the department. Thereupon the Forest Department had filed the photostate copies of the documents along with a representation in the Court. Thereafter the evidence was directed to be a...
Chitranjan Singh S/O Khushal Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-17-1995
Reported in: 1996(0)MPLJ781
ORDERS.K. Dubey, J.1. This revision petition is directed against the order of bail imposing conditions, dated 19-12-1994 passed in B. A. No. 3559 of 1994 by the Fifth Additional Sessions Judge, Gwalior.2. Facts giving rise to this petition are these -On a report lodged by the complainant, Dr. Sadhna a case under Sections 498A and 406, Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, has been registered at Crime No. 43 of 1994 by Police Station Mahila Thana, Padav, Gwalior against the petitioner, his wife Dr. Puspalata and his son Dr. Arvind, the husband of Dr. Sadhna. According to the complainant after marriage on 8-2-1992 at Gwalior Dr. Sadhna was subjected to cruelty on a demand of 5 tolas of gold and Rs. 1.50 lakhs for getting Dr. Sadhna admitted to M. S. Gynecs in College at Bangalore (Karnataka) and another Rs. 1.50 lakhs for opening a nursing home. That demand was, however, not met and, therefore, the complainant, Dr. Sadhna was being treated with cruelty from...
Shivprasad and 4 ors. Vs. Government of India and 3 ors.
Court: Madhya Pradesh
Decided on: Apr-09-1995
Reported in: 2(1996)ACC362
S.K. Dubey, J.1. The claimants have filed this appeal Under Section 173 of the Motor Vehicles Act, 1988 against the award dated 8.12.1989, passed in M.V. Case No. 3/ 87 by IIIrd Additional Motor, Accident Claims Tribunal, Sagar whereby the application for compensation filed Under Section 110-A of the Motor Vehicles Act, 1939 for the death of the young son aged seven years, namely, Vinod Kumar was dismissed.2. Facts giving rise to this appeal are these: Appellants Nos. 1 and 2 are the parents while appellants Nos. 3, 4 and 5 are the sisters of the deceased. Deceased Vinod Kumar was the only son of his parents and there was no chance of having another son because of the T.T. operation. Vinod Kumar was a bright student of Upper K.G. who was going on his left side of the road on 19.2.1985 near Vijay Talkies Chouraha at Sagar to his school. There was a heavy traffic on the road including animals, viz, buffalos were going ahead of him. A jeep driven by respondent No. 4 and owned by responden...
Amarsingh Badri Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-07-1995
Reported in: 1996(0)MPLJ15
Fakhruddin, J.1. This is an appeal preferred by the appellant-accused against the judgment and findings dated 20-9-1980, recorded by Shri K. K. Joshi, Sessions Judge, Datia, in Sessions Trial No. 11/80. The appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment.2. The appellant, along with two others (Prabhu and Gopi) was jointly charged and tried for an offence of murder of Surjan, during the intervening night of 21st and 22nd September, 1979. It is alleged that Surjan sustained a gun shot injury on his stomach and died next day, on 23-9-1979, while on way to Indargarh Hospital.3. The prosecution case, in brief, is that during the intervening night of 21st and 22nd September 1979, deceased Surjan, Amarsingh, Prabhu and Gopi planned to commit theft/robbery in the house of Damru (P.W.7), situated in village Kaserua Ka pura. It is said that Tussibai w/o Damru got up and she raised alarm. Damru also awakened and saw only one misc...
State of Madhya Pradesh Vs. Udhe Lal S/O Khema
Court: Madhya Pradesh
Decided on: Apr-07-1995
Reported in: 1996(0)MPLJ719
Fakhruddin, J.1. State has preferred this appeal against the Order of acquittal of the respondent for offence punishable under Section 376/511, Indian Penal Code, recorded by Shri R. K. Bajpai, Sessions Judge, Shivpuri.2. Prosecution story, in brief, is that on 8-3-1980, Kammod Singh (PW-1) resident of Gram Narvar had gone to his well along with his wife Jamuna Bai (PW-3) since earlier a theft had taken place in his house, he left his daughter Harkunwar (PW-2) in the house. Harkunwar was then aged about 8-10 years. At 1 O'clock during the day when his wife 'Jamuna Bai came to the house for taking food, she saw that accused Udhe had overpowered her daughter. She was lying down and accused was over her in a position preparatory to sexual assault. As soon as Jamuna Bai entered the house, seeing her the accused ran away and in so doing only pushed her. Jamuna Bai enquired from her daughter, who told her that she was preparing meal then accused came in the house and brought her to this plac...
Amarsingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-07-1995
Reported in: 1996CriLJ1582
Fakhruddin, J.1. This is an appeal preferred by the appellant accused against the judgment and findings dated 20-9-80, recorded by Shri K.K. Joshi, Sessions Judge, Datia, in Sessions Trial No. 11/80. The appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo life imprisonment.2. The appellant, along with two others (Prabhu and Gopi) was jointly charged and tried for an offence of murder of Surjan, during the intervening night of 21st and 22nd September '79. It is alleged that Surjan sustained a gun shot injury on his stomach and died next day, on 23-9-79, while on way to Indargarh Hospital.3. The prosecution case, in brief, is that during the intervening night of 21st and 22nd September '79, deceased Surjan, Amarsingh, Prabhu and Gopi planned to commit theft/robbery in the house of Damru (P.W.7), situated in village Kaseru ka pura. It is said that Tussibai w/o Damru got up and she raised alarm. Damru also awakened and saw only one miscreant from the roof....
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