Madhya Pradesh Court January 1998 Judgments
Chairman, Mpeb, Rampur, Jabalpur and anr. Vs. Bhajan Gond and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1998
Reported in: I(1999)ACC307; AIR1999MP17
V.K. Agarwal, J. 1. This is an appeal by the appellants/defendants against whom a decree has been granted to pay damages of Rs. 19,200/- on account of death by electrocution of Tulsibai wife of respondent/plaintiff No. I and mother of respondent/plaintiffs Nos. 2 and 3.2. Undisputably the respondent/plaintiff No. 1 Bhajan Gond and his wife deceased Tulsibai had gone to village Bauchar, where the incident took place, for earning their livelihood. Respondents/plaintiffs Nos. 2 and 3 are minor children of Bhajan and deceasedTulsibai. On 1-5-92 Tulsibai and Jankibai had gone to the field of Sobran Singh for answering call of nature. Dhanwantibai, another woman who also died of electrocution was lying there. Deceased Tulsibai in order to help her went towards her but herself got electrocuted. The incident occurred due to broken live electric wire which had fallen down in the field. Tulsibai died almost instantaneously.3. The allegations of the plaintiffs/respondents were that the above acci...
Tag this Judgment!Prakash Chand Rai and ors. Vs. State Bank of Indore, Bhopal and anr.
Court: Madhya Pradesh
Decided on: Jan-29-1998
Reported in: AIR1998MP248
R.S. Garg, J.1. Judgment by this appeal under Order 43, Rule I (3) of the Code of Civil Procedure, the petitioners challenge the order dated 20-12-1996 passed by the First Addl. District Judge, Raisen, in execution case No. 9-B/91.2. Brief facts for proper disposal of the case are that the decree-holder obtained a decree for recovery of money against the judgment-debtor. In execution, certain properties already mortgaged with the decree-holder were proposed to be put to auction. Certain objections were filed by the judgment-debtor on 25-1-1993 and 1-3-1993. It appears that the objections were many fold but the relief claimed was that the auction be stayed till compromise is effected between the parties. The applications were listed for argument. The said applications, though not specifically but tacitly were deemed to be disposed of under the order dated 18-11-1992 and 25-1-1994. The judgment-debtors again moved an application under Order 21, Rule 66, C.P.C. The trial Court (executing ...
Tag this Judgment!State of Madhya Pradesh Vs. Mukesh and 2 ors.
Court: Madhya Pradesh
Decided on: Jan-29-1998
Reported in: I(1999)DMC532
A.R. Tiwari, J.1. The appellant-State, on leave obtained on 5.4.1994 under Section 378(3) of the Code of Criminal Procedure (for short 'the Act') has filed this appeal against the judgment dated 30.8.1993 rendered by First Additional Sessions Judge, Khargone in Sessions Trial No. 64 of 1991, thereby recording acquittal from the charge under Section 304B of the Indian Penal Code.2. Briefly stated, the facts of the case are that on 23.6.1990 dead body of Krishnabai, daughter-in-law of Anokhilal (respondent No. 2) was taken out from well by Narendra Jaiswal. Feeling that Krishnabai has died under circumstances raising a reasonable suspicion that some other person has committed an offence, report (Ex. P/10) was lodged at Police Station Con. Autopsy was conducted. Postmortem report is Ex. P/1. Earlier Marg was registered under Section 174 of the Code (Ex. P/5-C). Spot maps, Exs. P/4-A, P/7 and P/8, were prepared, witnesses were interrogated. After completion of the investigation, challan wa...
Tag this Judgment!Urbhay Kumar @ Om Parkash Vs. Hema Bai
Court: Madhya Pradesh
Decided on: Jan-29-1998
Reported in: II(1999)DMC657
V.K. Agarwal, J.1. This petition under Section 482 of the Criminal Procedure Code has been preferred for quashing the order dated 3.12.1998 in Criminal Case No. 843/8 of J.M.F.C. Baloda Bazar and the order dated 21.7.1997 in Criminal Revision No. 413/88 by Additional Sessions Judge, Baloda Bazar, whereby the application filed by the petitioners under Section 182(2) of Criminal Procedure Code was dismissed.2. The facts leading to the present petition are that the non-applicant/ complainant filed a complaint under Sections 494 and 109 of Indian Penal Code against the petitioners/accused, alleging that non-applicant is legally married wife of petitioner No. 1. On account of maltreatment by petitioner No. 1 she was compelled to reside separately. Thereafter, the petitioner No. 1 with the help of other petitioners has married petitioner No. 2. The matter was reported by non- applicant to the police, thereafter a private complaint was filed by her, which after due enquiry has been registered...
Tag this Judgment!Urbhay Kumar @ Om Prakash S/O Purushottam Chandra and ors. Vs. Smt. He ...
Court: Madhya Pradesh
Decided on: Jan-29-1998
Reported in: 1999(1)MPLJ286
ORDERV.K. Agarwal, J.1. This petition under Section 482 of the Criminal Procedure Code has been preferred for quashing the order dated 3-12-1988 in Criminal Case No. 843/88 of J.M.F.C. Baloda Bazar and the order dated 21-7-1997 in Criminal Revision No. 413/88 by Additional Sessions Judge, Baloda Bazar, whereby the application filed by the petitioners under Section 182(2) of Criminal Procedure Code was dismissed.2. The facts leading to the present petition are that the non- applicant/complainant filed a complaint under Sections 494 and 109 of Indian Penal Code against the petitioners/accused, alleging that non-applicant is legally married wife of petitioner No. 1. On account of maltreatment by petitioner No. 1 she was compelled to reside separately. Thereafter, the petitioner No. 1 with the help of other petitioners has married petitioner No. 2. The matter was reported by non-applicant to the police, thereafter, a private complaint was filed by her, which after due enquiry has been regi...
Tag this Judgment!Gatoley Lal Nathoo Ram Soni Vs. Mathura Prasad Laxman Prasad Dalal and ...
Court: Madhya Pradesh
Decided on: Jan-29-1998
Reported in: 1998(2)MPLJ299
V.K. Agarwal, J.1. This appeal is directed against the judgment and decree dt. 18.09.1987 in Civil Appeal No. 6-A of 80 by District Judge, Sagar, affirming the judgment and decree dt. 3-11-1980 in Civil Suit No. 10-A of 1979 by Ist Civil Judge, Class-I, Sagar, whereby the plaintiff/appellant's suit for declaration and injunction was dismissed.2. The plaintiff/appellant's case was that he was neighbour of respondent/defendant No. 1, who is a broker in real estate. It was alleged by the plaintiff/appellant that the respondent/defendant No. 1 by practicing fraud obtained the documents of title, etc., of his house No. 226, situate at ward Itwari Toria, Sagar and had also obtained plaintiff/appellant's signature on a stamp of Rs. 7/-. The plaintiff/appellant later came to know that the said blank stamp paper of Rs. 7/- signed by him has been misused and an agreement to sell the house for Rs. 20,000.00 was prepared thereon by the respondent/defendant No. 1. The plaintiff/appellant served a n...
Tag this Judgment!Pushpa Devi and anr. Vs. Narendra Singh Bhadoriya and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1998
Reported in: 2000ACJ1230
A.K. Mathur, C.J. 1. Both these appeals arise out of the same incident and are, therefore, disposed of by this common order.2. M.A. No. 350 of 1996 has been filed by the claimants for enhancement of the compensation and M.A. No. 334 of 1996 has been filed by the owner of the truck.3. Brief facts giving rise to both these appeals are that on 21.6.1993, at about 7.30 a.m., deceased Aasharam was coming from village Gormi to Porsa in truck No. MPH 6603 along with black gitti. The truck was being driven by driver Parbat-singh Kushwaha rashly and negligently. When the truck reached Bhajpura near the well of Ramcharan, it got overturned and Aasharam who was sitting in that truck, was crushed to death. Prakash, another occupant also received injuries. It is alleged that the dead body of Aasharam and injured Prakash were taken out by a military truck. A report of the incident was lodged at Police Station Porsa by Shiv Kumar, nephew of Aasharam and offences under Sections 279, 337 and 304A of th...
Tag this Judgment!Ravishankar Vs. Smt. Uma Tiwari
Court: Madhya Pradesh
Decided on: Jan-28-1998
Reported in: I(1999)DMC585
R.S. Garg, J.1. Being dissatisfied by the order dated 21.8.1995 passed in Case No. 9/93 (Guardian and Wards) by the learned First Additional District Judge, Jabalpur, whereunder the petitioner's application filed under Section 10 of the Guardian and Wards Act, has been rejected, the appellant has preferred this appeal under Section 47 of the Act.2. Mr. Gupta, learned Counsel for the appellant submits that the Court below was not justified in observing that the father was not entitled to the custody of the minor. According to him, after the minor had attained the age of six years, the father would be the natural guardian and would be entitled to the custody. He submits that the mother has no independent source of income, therefore, the appellant who is father can look after the welfare and interest of the minor properly and custody ought to have been given to the appellant. On the other hand, Mr. Verma, learned Counsel for the respondent submits that the husband and wife are living sepa...
Tag this Judgment!Neo Sacks Limited Vs. Cegat
Court: Madhya Pradesh
Decided on: Jan-28-1998
Reported in: 1998(61)ECC238; 1999(114)ELT826(MP)
ORDERB.A. Khan, J.1. Even landmark judgments sometimes generate avoidable debate. The celebrated judgment in L. Chandra Kumar v. Union of India [AIR 1997 SC1125], which rendered the decisions/judgments of Tribunals set up under Articles 323A and [323B] of the Constitution, amenable to judicial scrutiny of a Division Bench of High Court under Articles 226/227 of the Constitution, is no exception.2. The present controversy is all about the fall-out of this judgment and arises from two writ petitions wherein petitioners are resisting payment of excise duty and are aggrieved of the orders passed by the Customs, Excise and Gold (Control) Appellate Tribunal (for short CEGAT). The petitions are opposed by Respondents on the priliminary objection that this Court had no jurisdiction to test the validity of the CEGAT order/ decision in the face of judgment supra as the Tribunal was not the creature of Article 323B. In other words it is sought to be projected that the direction contained in the j...
Tag this Judgment!Ashok Baijal Vs. M.P. Government
Court: Madhya Pradesh
Decided on: Jan-23-1998
Reported in: 1998CriLJ3511; 1999(1)MPLJ7
ORDERN.K. Jain, J.1. This revision is directed against the order dated 30-8-1997 passed by the Special Judge, Indore in Special Case No. 1 of 1997 dismissing accused/applicant's objection application challenging the validity of the sanction for his prosecution accorded by the. State Government under Section 19(1)(c) of the Prevention of Corruption Act, 1988 (for short, the Act, 1988).2. The applicant accused is an Assistant Engineer employed in the Municipal Corporation, Indore. The Special Police Establishment, Indore has filed a charge sheet against the accused applicant in the Court of Special Judge, Indore for his prosecution on the charges under Section 13(1)(e) and Section 13(2) of the Act, 1988 for allegedly possessing property disproportionate to his known sources of income. Sanction for prosecution of the applicant under Section 19 of the Act has been granted by the State Government, Department of Law and Legislature Affairs, Bhopal vide order dated 1-3-1997.3. On appearance, ...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »