Madhya Pradesh Court February 1998 Judgments
Smt. Roopa @ Roopmati Vs. Vijay Kumar
Court: Madhya Pradesh
Decided on: Feb-28-1998
Reported in: II(1998)DMC386
S.B. Sakrikar, J.1. The appellant/defendant has directed this appeal under Section 28 of the Hindu Marriage Act, 1955 against the decree of divorce dated 2.3.1995 rendered by IX Additional District Judge, Indore in Hindu Marriage Case No. 4/93, thereby granting decree of divorce against the appellant and in favour of respondent.2. Briefly stated that facts of the case are that the appellant and respondent are husband and wife and their marriage was solemnized as per Hindu rites and customs on 17.2.1991. The respondent in his petition has stated that after marriage from 18.3.1992 onwards behaviour of the appellant-wife was cruel with the respondent/applicant and on the ground of cruelty, the respondent filed an application under Section 13 of the Hindu Marriage Act for dissolution of marriage after notice to the appellant. The application filed by the respondent/husband was resisted by the appellant. The Trial Court, after framing issues and recording the evidence, allowed the applicati...
Tag this Judgment!President, Transport Co-operative Bank and ors. Vs. Smt. Chandraprabha ...
Court: Madhya Pradesh
Decided on: Feb-28-1998
Reported in: 1998(2)MPLJ333
ORDERR.D. Shukla, J.1. The revision is directed against the order dated 31-3-1997 of Rent Controlling Authority, Indore, passed in Case No. A(90)(7)-12/94, whereby a decree of eviction has been passed against the defendant-applicant.2. The following facts arc undisputed : The plaintiff-non-applicant is the landlady of the house in question. The applicants here have taken the house on rent of Rs. 2,500/- p.m. There was exchange of notice between the parties regarding eviction of the house.3. The plaintiff-non-applicant's case in brief is that the suit house was initially let out to one Sardar Shersingh for residential purpose. The rent was being collected by her father-in-law and husband. Her husband died on 28-3-1988. Thereafter, she was living along with her 2 minor children, her father-in-law and brother-in-law. Her father-in-law executed a will and thereby gave the suit accommodation to her. Her father-in-law died on 30-1-1993. Presently the plaintiff is residing in the house which ...
Tag this Judgment!Manju Rai and ors. Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1998
Reported in: 1999ACJ853
S.K. Dubey, J.1. Misc. Appeal No. 853 of 1994 has been filed by the appellants-claimants for enhancement of compensation awarded in Claim Case No. 9 of 1989 vide award dated 10.8.1994 passed by the Second Motor Accidents Claims Tribunal, Raisen, while Madhya Pradesh State Road Transport Corporation has filed Misc. Appeal No. 982 of 1994 aggrieved of the said award.2. Facts giving rise to the appeals are thus: Late Dr. Vikas Chandra Rai, aged 36 years, a Lecturer in Commerce Department in Bhopal University, was drawing Rs. 4,325.25 as his gross pay, died in a motor accident on 27.12.1988, when he was travelling as a passenger in stage carriage bus No. MPH 7893. On the fateful day the passenger bus was being driven by Omar Khan, respondent No. 4, during the course of employment of M.P. State Road Transport Corporation, the respondent No. 3 in Misc. Appeal No. 853 of 1994. At about 7.00 a.m. when the said bus reached between the villages Naktara and Khandera in Raisen District, it collide...
Tag this Judgment!Keshari Steels and anr. Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Feb-27-1998
Reported in: AIR1999MP83; [1999]98CompCas180(MP); 1998(1)MPLJ32
Khan, J.1. The million -- dollar question that falls for determination is whether the Bank guarantees executed at the behest of appellants in favour of M.P. Electricity Board fall under the protective umbrella of Section 22 of Sick Industrial Companies (Special Provisions) Act, 1985 (for short the Act).2. Appellants set up a mini steel plant and Rolling mill and applied for supply of high tension electricity. Respondent Board agreed to supply them 15,000/- KVA power for two years from 1-2-95. An agreement was executed between the parties Clause 27 (a) whereof required a consumer to furnish security by cash deposit or in some other form. Appellants were asked to give five bank guarantees through State Bank of India, Dewas. The terms and conditions also envisaged that the Board shall be competent to enhance the security amount and to apply it towards payments or arrears of any money which may become due by the consumer.3. It appears that appellants fell in red and could not clear their e...
Tag this Judgment!Dr. Kusum Verma and anr. Vs. Pritam Singh Gulati and anr.
Court: Madhya Pradesh
Decided on: Feb-27-1998
Reported in: AIR1998MP199; 1998(1)MPLJ578
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the order passed by the trial Court deciding issue No. 7 against the defendant/applicants holding that the suit was not barred in view of the provisions contained in the Madhya Pradesh Co-operative Societies Act, 1961, and was entertainable and maintainable in the Civil Court; the defendant/ applicants have now approached this Court seeking redress praying for reversal of the order.2. I have heard the learned counsel for the defendant/applicants as well as the learned counsel for the plaintiff/respondent, and have also carefully perused the record.3. The facts in brief, shorn of details, and necessary for the disposal of this revision lie in a harrow compass. The suit giving rise to this revision was filed by Pritam Singh Gulati, the plaintiff/respondent No. 1, wherein the Rastriya Adilrsh Grah Nirman Sahkari Sanstha, Dr. Smi. Kusum Vcrma and Dr. S.K. Verma, have been impleaded as defendants Nos. 1 to 3. respectively.4. The Rastriya Adars...
Tag this Judgment!Madhusudan S/O Kriparam Dansena Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-27-1998
Reported in: 1998(2)MPLJ278
ORDERS.C. Pandey, J.1. This is an application Under Section 482 of the Code of Criminal Procedure, for compounding the offence Under Section 354 of the Indian Penal Code and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').2. With the consent of Shri Prashant Mishra, counsel for the applicant and Miss Maya Verma, Panel for the respondent/State, this case is being heard and disposed of finally.3. It is not necessary to state the facts of this case in detail, except to say that this Court dismissed the Criminal Appeal No. 163 of 1993 (Madhusudan v. State of M.P.), by judgment dated 5-9-1997, maintaining the conviction and sentence of six months' R.I. Under Section 354 of the Indian Penal Code and further six months' R.I. and a fine of Rupees One Thousand Under Section 3(1)(xi) of 'the Act'. Both the sentences, imposed upon the applicant, were directed by the trial Court, to run concurrently. After dismissal of criminal appea...
Tag this Judgment!National Insurance Co. Ltd. Vs. Dwarika Prasad Singhal and ors.
Court: Madhya Pradesh
Decided on: Feb-26-1998
Reported in: 1998(1)MPLJ612
ORDERS.P. Srivastava, J.1. Feeling aggrieved by an order passed by the Rent Controlling Authority, Gwalior, rejecting the application of the defendant-applicant praying for the rejection of the plaint under Order 7, Rule 11 read with section 151 of the Code of Civil Procedure, it has now approached this Court by means of the present revision under section 23-E of the M. P. Accommodation Control Act, 1961, seeking redress praying for the reversal of the impugned order.2. I have heard the learned counsel for the applicant as well as learned counsel representing the respondents-landlords and have also carefully perused the record.3. The facts in brief, shorn of details and necessary for the disposal of this case lie in a narrow compass. An application under section 23-A of the aforesaid Act which is to be dealt with in accordance with the provisions of the Act as if it was a plaint, was filed by the plaintiff-landlord, Dwarika Prasad Singhal seeking eviction of the defendant, National Ins...
Tag this Judgment!Samrat Bidi Works and ors. Vs. Dayalal Meghji and Co.
Court: Madhya Pradesh
Decided on: Feb-24-1998
Reported in: AIR1999MP10; 1998(2)MPLJ384
R.P. Gupta, J.1. This appeal is directed against the order dated 9-7-96 passed by the Distt. Judge, Raipur in Civil Suit No. 13-A/95 directing the applicants/defendants by ad interim order, not to manufacture any labels bearing No. 645 or bearing deceptively similar makes as used by the respondents/plaintiffs for their Badshari Pharmaishi special bidi No. 345. The wrapers of the plaintiffs bidi on their Kattas and Pudas bear the following markings, figures and pictures. The pictures and figures of the plaintiffs are registered since 1958 registered regarding trademark of yellow patti with trademark No. 185955, round label/tikli as trademark No. 186529 and trademark yellow patti plus Jhilli registered together as trade mark No. 187667 and finally trademark of one composite wrapper including yellow, patti, tikli and Jhilli printed on a single composite wrapper registered together as trademark No. 305848 since 28-5-75. The figures marking and pictures used by the defendants on the Samrat ...
Tag this Judgment!Jai NaraIn Charitable Registered Society Vs. Smt. Kumud Verma and ors.
Court: Madhya Pradesh
Decided on: Feb-24-1998
Reported in: AIR1999MP37
S.C. Pandey, J. 1. This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 11-2-1997 in C. A. No. 31-A/95, whereby the XIth Additional District Judge, Jabalpur has dismissed the appeal filed by the appellant against the judgment dated 20-9-1993 passed by VIth Civil Judge Class-1, Jabalpur in Civil Suit No. 11-A/90. 2. It is not necessary to state the facts of this case because the learned trial Judge had rejected the plaint in exercise of its power under Order 7 Rule 11 of the Code of Civil Procedure, holding that the suit was not maintainable. The learned trial Judge did not frame adecree. Thereupon, the appellant filed an appeal against the judgment 20-9-1993 without filing the copy of decree. It is not disputed that the learned trial Judge did not draw up a decree. The attempt on the part of the appellant to get a decree drawn up also failed. The lower appellate Court has rejected the appeal filed by the appellant on the ground ...
Tag this Judgment!Smt. Surekha Vs. Dilip Devidas
Court: Madhya Pradesh
Decided on: Feb-24-1998
Reported in: II(1998)DMC403
R.D. Shukla, J.1. Revision is directed against the order dated 8.10.1997 of the 9th Addl. Distt. Judge, Indore passed in H.M. Case No. 275/96 whereby applicant's (wife) application for staying the proceedings here at Indore, has been rejected.2. There is no dispute on the point that applicant-wife has filed a suit for divorce in the Court of Civil Judge (Senior Division) Kopargaon (Maharashtra). The suit was filed on 11.3.1996.Non-applicant/husband filed a suit for restitution of conjugal rights in the Court of Addl. Distt. Judge, Indore on 16.7.1996. After service of summons applicant (wife) filed application Under Section 10 CPC for staying the proceedings at Indore. Learned Addl. Distt. Judge has rejected the application and refused to stay the proceedings. Hence this Revision Petition.3. Contention of applicant is that petition filed by her (wife) is prior in time and the grounds raised would be almost same in both the petitions and therefore, the suit filed at Indore ought to have...
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