Madhya Pradesh Court March 1998 Judgments
Pushpabai Vs. Pratapsingh
Court: Madhya Pradesh
Decided on: Mar-30-1998
Reported in: II(1999)DMC526
N.K. Jain, J.1. The order impugned is passed in revision by the IInd Addl. Sessions Judge, Kannad, setting aside the order of the Trial Magistrate framing charge against the respondent under Section 494, Indian Penal Code. The respon- dent thus stands discharged of the said offence.2. The respondent is the husband of the appellant. The applicant-wife filed a complaint against the respondent alleging commission of offence of bigamy under Section 494, Indian Penal Code. The applicant-complainant examined 3 witnesses including herself in evidence before charge before the Trial Court. The learned Magistrate on consideration of that evidence was of the view that a case is made out against the accused which if left unrebutted would warrant his conviction under Section 494, Indian Penal Code. He, therefore, by his order dated 12.8.1992 framed charge under Section 494, Indian Penal Code against the respondent-accused. In revision, however, the learned A.S.J. quashed the charge and discharged t...
Tag this Judgment!Smt. Swapna Chakrawarti Vs. Dr. Viplay Chakrawarti
Court: Madhya Pradesh
Decided on: Mar-30-1998
Reported in: AIR1999MP163; I(1999)DMC428
V.K. Agrawal, J. 1. This Appeal is directed against the Judgment dated 8-1-1996 in Civil Suit No. 37-A/1993, filed by the respondent applicant by way of petition, under Section 13 of Hindu Marriage Act.2. Un disputably, the appellant/non-applicant and respondent/applicant are governed by Hindu Law. They were married on 26-11-1978 according to Hindu religious rites at Allahabad. The appellant/non-applicant resided with the husband after her marriage. Out of the said wedlock, a daughter and a son were born in the year 1981 and 1985 respectively.3. The averments of the respondent/applicant are that the appellant/non-applicant continued her studies at Benaras Hindu University after her marriage. After completion of her studies in 1980, she came to Bilaspur and was appointed as Lecturer in 1984 in C. M. D. College. The appellant/non-applicant started quarrelling with the respondent/applicant, after her return from Benaras. The appellant/non-applicant used to nurse unfounded suspicion about ...
Tag this Judgment!Devendra Singh Thakur Vs. Beena Bai
Court: Madhya Pradesh
Decided on: Mar-27-1998
Reported in: II(1998)DMC585
V.K. Agarwal, J.1. The appellant/husband being aggrieved by the judgment and decree dated 11.7.1996 in Civil Suit No. 6A/90 of IVth Additional Distt. Judge Bilaspur, whereby the petition under Section 9 of Hindu Marriage Act of the respondent/wife for Restitution of Conjugal Rights, was allowed; has filed this appeal under Section 28 of the Hindu Marriage Act.2. The facts no longer in dispute are that the parties are Hindu and were married in May, 1984 at Village Padaria, District Bilaspur, in accordance with Hindu religious rites and customs. The respondent/ wife Beena Bai thereafter, went to her matrimonial home at Tamerpara, District Durg and stayed there for a few days. Thereafter, she went to her parental home and returned back after some time again to her matrimonial home in the month of 'Chaitra' 1985. However, the respondent/wife was sent back two days thereafter to her parental home to Padaria, and the parties continued to live separately.3. The respondent/wife Beena Bai filed...
Tag this Judgment!Mangala Ben Vs. Dilip Motwani and anr.
Court: Madhya Pradesh
Decided on: Mar-27-1998
Reported in: I(1998)ACC667; 2000ACJ1388
Shambhoo Singh, J. 1. This appeal has been filed by the claimant Mangala Ben, the mother of the deceased Hansmukh Manilal being aggrieved of the award dated 7.11.1997 passed by Commissioner, Workmen's Compensation, Indore, in Claim Case No. 45 of 1996 whereby the application for compensation was dismissed.2. The case of the applicant, in brief, was that her son Hansmukh Manilal was an employee of non-applicant-respondent Dilip Motwani and was earning Rs. 2,000 as pay and Rs. 1,500 as allowance per month. On 17.11.1996 during the course of his employment, he was coming from Bombay to Indore driving Maruti car No. MP 09 HA 4744 on National Highway, when he came near Chandwad Police Station, truck No. WB 03 6075 came from front side at high speed rashly and negligently and dashed against the car, as a result of which Hansmukh died on the spot. The claimant mother filed claim petition under Section 20 of the Workmen's Compensation Act, 1923 (for short 'the Act') and claimed Rs. 2,15,000 as...
Tag this Judgment!Universal Electrodes (P) Ltd. Vs. Union of Indian (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-27-1998
Reported in: 1998(76)LC224(MP)
R.D. Vyas, J.1. They are heard. Learned Counsel for the petitioner contended that the petitioner was not heard before passing the impugned order of vacating the stay. The learned Counsel for the respondents has not been able to show that the petitioner was heard and, therefore, the impugned order is set aside. However, it is directed that the stay granted by the Commissioner (Appeals) earlier will operate only up to 31.7.1998, during which period the petitioner will appear before the Commissioner of Appeals, as may be directed by him and complete the hearing of his appeal. He will fully cooperate with the Department in disposing of the appeal. It is left open to the Commissioner of Appeal to extend the stay beyond that date, if so applied and he is convinced.2. The petition is accordingly allowed with no order as to costs....
Tag this Judgment!Hazari Lal Vs. Jugal Kishore and ors.
Court: Madhya Pradesh
Decided on: Mar-26-1998
Reported in: AIR1999MP104; 1998(2)MPLJ266
1. This is a defendant's second appeal against the judgment and decree, dated 10-1-1994, passed in Civil Appeal No. 77-A/88 by Additional District Judge, Guna, affirming the judgment and decree, dated 27-7-1987 passed in Civil Suit No. 283-A of 1986 by Civil Judge, Class I, Guna.2. The facts giving rise to this appeal are thus: The plaintiffs/respondents No. 1 & 2 instituted a civil suit on 26-11-1982 for declaration, possession and mesne profits at the rate of Rs. 10/- per month for the date of institution of the suit on the averments that the suit property consisting of 30 x 30 a small Kachcha house thereon situate in village Dhaneriya, Tahsil and District Guna, shown in the map annexed with the plaint was purchased by their father Laxmi Narayan in the presence of their grandfather, in an auction held by Gram Panchayat. After the death of Laxmi Narayan, the defendant No. 1 the mother of the plaintiffs entered into an agreement to sell Ex. D. 1 on 8-12-1977 for consideration of Rs. 37...
Tag this Judgment!Heera Bai and ors. Vs. Thakuri (Deceased by L.Rs.)
Court: Madhya Pradesh
Decided on: Mar-26-1998
Reported in: AIR1998MP273; 1998(2)MPLJ225
S.K. Dubey, J.1. This is a plaintiffs second appeal against the judgment and decree dated 2nd February, 1994, passed by the District Judge,Guna in Civil Appeal No. 6-A/80 reversing the judgment and decree dated 31st August, 1980, passed in Civil Suit No. 27-A/80 by the Civil Judge, Class 1, Guna. 2. The appeal was admitted by this Court on 8-8-1994 on the following substantial question of law: 'Whether the suit was wrongly dismissed by the appellate Court with the observation that the plaintiffs have not proved that the right was used as an easementary right and this finding is against the record.'3. Facts giving rise to this appeal are thus: The plaintiffs instituted a Civil Suit on 9-4-1979 for declaration and permanent injunction to restrain the defendant-Thakuri (since deceased) from interfering with their right of way from the ancient door which opens on the agricultural field on the East side of the defendant and joins the thoroughfare which is at a distance of about 10 to 15 fee...
Tag this Judgment!Kewal Ram Basena and ors. Vs. Mohammed Shakil and anr.
Court: Madhya Pradesh
Decided on: Mar-26-1998
Reported in: 2000ACJ324
S.C. Pandey, J.1. This appeal, filed by the claimants, is directed against the interim award dated 20.4.1995, passed by the Motor Accidents Claims Tribunal, Balaghat in Motor Accident Claim Case No. 44 of 1994.2. The facts of this case are that one Ramcharan, who was driving a vehicle, met with an accident on 5.6.1994. He died as a result of injuries suffered in that accident. Thereupon, the appellant Nos. 1 and 2, who are the parents of the deceased Ramcharan and appellant No. 3, who is sister of Ramcharan, filed a claim, before the Claims Tribunal, claiming that they are entitled to Rs. 65,000 (Rupees sixty-five thousand) together with the interest on account of the accident, which happened during the course of employment of the deceased Ramcharan. It is not in dispute that Ramcharan was an employee of Mohd. Shakil, the respondent No. 1 and the vehicle involved in the accident bearing registration No. CIR 37 was owned by him. This vehicle was insured with Oriental Insurance Co. Ltd.,...
Tag this Judgment!Rameshwar Kaushik Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-25-1998
Reported in: I(1999)DMC602
A.K. Mathur, C.J.1. This is an appeal against judgment dated 28.2.1992 in Sessions Trial No. 285 of 1989 passed by the learned Additional Sessions Judge, Baloda Bazar, District Raipur convicting and sentencing the appellant under Section 302, Indian Penal Code to life imprisonment.2. Brief facts giving rise to this appeal are that in August, 1989, accused Rameshwar Kaushik was posted in Kshatriya Gramin Bank, Katangi as a Branch Manager. Accused was living with the deceased Smt. Nirmala Bai alongwith his two children. The residential house of accused and the Bank office were adjoining each other. In front room of the house, Bank was situated and in the rear part of the house accused was living. Office room and bed-room were connected to each other. There was a kitchen connected to bed-room and there was a door opening in the Aangan. In the intervening night of 1st and 2nd August 1989, the accused was at his home and deceased Smt. Nirmala Bai was also there alongwith her two children. A...
Tag this Judgment!Pratap Singh Ramlal Singh and ors. Vs. Sharad Chand Sunderlal Nigam an ...
Court: Madhya Pradesh
Decided on: Mar-25-1998
Reported in: 1998(2)MPLJ315
S.P. Khare, J.1. This is a Second Appeal Under Section 100, Civil Procedure Code. The substantial question of law which was formulated by this Court at the time of admission of the appeal is : 'Whether the learned trial judge was justified in law in proceeding against the appellant under Order 17, Rule 3, Civil Procedure Code in the context of the facts and circumstances.' This appeal can be heard only on the question so formulated as held recently by the Supreme Court in Chandra v. Santosh Kumar, AIR 1997 SC 2517.2. The facts relevant for the decision of the aforesaid question are that the suit for eviction for rebuilding the house based on Section 12(1)(h) of the M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act') was filed on 29-9-1976. Some of defendants were minors and their uncle defendant No. 1 Pratap Singh was appointed as their guardian-ad-litem. The progress of the case was not smooth as happens in most of the eviction suits. The first witness of...
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