Madhya Pradesh Court August 1995 Judgments
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Ramkhilawan Chandrashekhar Kushwaha Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-03-1995
Reported in: 1996(0)MPLJ351
ORDERU.L. Bhat, C.J.1. The second accused in the charge sheet filed before the Sessions Court, Jabalpur, has filed this petition to quash the charge framed against him (along with the first accused), under Section 302/34 of the Indian Penal Code.2. According to the prosecution, there was a monetary transaction between the second accused and the deceased which led to misunderstanding and ill-feeling. On two occasions, the two accused went to the deceased's house and in his absence and in the presence of his mother, uttered threats against the deceased. A day before the occurrence, the two accused were heard discussing about doing away with the deceased. On the day of occurrence, viz. 4-6-1992, when the deceased was going on his cycle, the first accused hit him from behind with a Farsa as a result of which he died instantaneously. A person who came across the dead body, informed the police who registered a case. First accused was arrested and the weapon of offence was recovered on the ba...
Ramkhilawan Kushwaha Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-03-1995
Reported in: 1996CriLJ303
ORDERU.L. Bhat, C.J.1. The second accused in the charge sheet filed before the Sessions Court Jabalpur, has filed this petition to quash the charge framed against him (along with the first accused), Under Section 302/34 of the I.P.C.2. According to the prosecution, there was a monetary transaction between the second accused and the deceased which led to misunderstanding and ill-feeling. On two occasions, the two accused went to the deceased's house and in his absence and in the presence of his mother, uttered threats against the deceased. A day before the occurrence, the two accused were heard discussing about doing away with the deceased. On the day of occurrence, viz, 4-6-92, when the deceased was going on his cycle, the first accused hit him from behind with a Farsa as a result of which he died instantaneously. A person who came across the dead body, informed the police who registered a case. First accused was arrested and the weapon of offence was recovered on the basis of informat...
Sushilabai and ors. Vs. Laxman
Court: Madhya Pradesh
Decided on: Aug-02-1995
Reported in: I(1996)DMC42
J.G. Chitre, J.1. The appellants are hereby assailing the correctness, propriety and legality of the decree passed by the Additional Judge to the Court of District Judge, Indore in Regular Civil Appeal No. 75-A of 1987 by which he set aside the decree which was passed by IIIrd Civil Judge Class II, Indore in the matter of Civil Suit No. 69-A of 1974 which was in favour of the appellants.2. This appeal has been admitted on following substantial questions:(1) Whether in view of the facts and circumstances of the case the doctrine of tacking is attracted and whether the lower Appellate Court was right in holding that the respondent No. 1 had perfected his title by adverse possession on that account ?(2) Whether in the facts and circumstances of the case the first Appellate Court was right in law in concluding that the respondent No. 1 had become the legal owner of the suit property by operation of Section 15(1)(d) of the Hindu Succession Act, 1956 on the death of Saibai ?3. Shri Upadhyaya...
Puneet Travels and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-02-1995
Reported in: II(1998)ACC482; 1996(0)MPLJ318
ORDER1. This order will also govern the disposal of Writ Petition No. 3112 of 1994, Sagar Motor Transport Company and Ors. v. State of M. P. and Anr.; Writ Petition No. 3505 of 1994, Ram Prasad Purohit and Ors. v. State of M. P. and Ors.; Writ Petition No. 3804 of 1994, Durg Roadways Private Ltd. v. State of M. P. and Anr.; Writ Petition No. 44 of 1995, Rishi Kumar Jaiswal and Ors. v. State of M. P. and Ors. and Writ Petition No. 748 of 1995, District Transport Service and Ors. v. State of M. P. and Ors..2. In all the petitions, the petitioners are transport operators holding stage carriage permits of various routes, who have, challenged the constitutional validity of the Madhya Pradesh Motoryan Karadhan (Vidhi Manyakaran) Adhiniyam, 1994 (for short 'Validation Act'), enacted to validate the levy of additional tax on public service vehicles in the State of Madhya Pradesh, which received the assent of the Governor on 25th June, 1994 and was published in the Madhya Pradesh Gazette (Extra...
Surendra and anr. Vs. Ramsuchit Kushwaha and 3 ors.
Court: Madhya Pradesh
Decided on: Aug-02-1995
Reported in: 1(1996)ACC165
U.L. Bhat, C.J.1. Common people approach legally trained personnel for legal advice and help in securing their legal rights and justice at the hands of Competent Courts and Tribunals. They trust their lawyers to do the needful since lawyers are literate in law and bound to help their clients. The present is a glaring example of a case where two illiterate minors were let down by their legal advisers.2. The case arose out of death of a person by name Lav Kush, in a motor vehicle accident. Third respondent Shyamwati alongwith her minor daughter Pushpa filed a claim petition seeking compensation from first respondent owner and driver of the vehicle, second respondent (Insurer) alleging that the accident was the result of rash and negligent driving of the vehicle. The first respondent contended that Shyamwati was not a legally wedded wife and Pushpa was not daughter of Lav Kush. The insurer denied the legal status of both the claimants. While the claim petition was pending, the two appella...
Madhya Pradesh Vidyut Mandal and anr. Vs. Geetabai and ors.
Court: Madhya Pradesh
Decided on: Aug-01-1995
Reported in: 1996ACJ149; (1996)IILLJ283MP
D.P.S. Chouhan, J.1. The present appeal is directed against the judgment and decree dated April 11, 1991 passed by Mr. B.B.L. Shrivastava, District Judge, Ambikapur, Sarguja, whereby a decree is passed in favour of the plaintiff awarding compensation as a consequence of death of one Ra-jabali to his heirs and legal representatives. The operative portion of the order is extracted below:xxx xxx xxx 2. Brief facts of the case are that in the night of April 27, 1988, a storm came and as a result of it, the wire consisting of 1,100 voltage electricity was hanging in the fields where persons were working and through this field the deceased Ra-jabali was passing and while so doing, he came into contact with the said hanging wire, since there was breakage of the bare wire.3. A suit was filed by the widow of Rajabali, viz. Geetabai and his son Chetanram and daughter Ranmat. She was minor and was represented by her natural guardian, Geetabai. According to the case of the plaintiffs, the deceased...
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