Madhya Pradesh Court May 1998 Judgments
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Sunita Sakit and ors. Vs. Imam Ali and ors.
Court: Madhya Pradesh
Decided on: May-13-1998
Reported in: 2000ACJ1553
R.P. Gupta, J. 1. This appeal is directed against nil award dated 20.3.1989 of Motor Accidents Claims Tribunal, Rewa, whereby the claim of all the appellants who are widow and parents of deceased Raju, was rejected.2. Deceased Raju who was a rickshaw puller died in an accident in the night of 3.9.1986 at about 9.30 p.m. near Bhuriya Tanki in the area of Bansnagar Colony, Rewa, near P.D.S. Crossing. Raju was coming on his cycle-rickshaw and truck No. MPA 8485 driven by Munnalal was coming from the opposite direction, the truck struck against the cycle-rickshaw and Raju was killed.3. The Tribunal declined to award anything on the ground that it was not established that the erring truck was MPA 8485. It may be noticed that this truck was insured with respondent No. 3 and was owned by respondent No. 1 and driven by respondent No. 2.4. In order to establish that this was the erring truck the claimants had proved that F.I.R. which was lodged on the night of the incident itself by Jyanendra S...
Virendra Singh Pal Vs. Kashibai and ors.
Court: Madhya Pradesh
Decided on: May-12-1998
Reported in: AIR1998MP324; 1998(2)MPLJ203a
S.P. Srivastava, J. 1. Feeling aggrieved by the order dismissing his appeal directed against the rejection of the application filed by the appellant under Section 372 of the Indian Succession Act for obtaining a Succession Certificate, he has now come up in this Letters Patent Appeal seeking redress praying for the reversal of the impugned order. 2. We have heard the learned counsel for the appellant as well as the learned counsel representing the contesting respondents and have also carefully perused the record.3. The facts in brief, shorn of details and necessary for disposal of this appeal lie in narrow compass. Narain Singh Pal, who was employed as a Chowkidar in a Government Office, died in harness on 13-6-1995. He had married Smt. Hirobai and had a son Vircndra Singh Pal, Smt. Hirobai, however, died long back. On the death of Narain Singh Pal, Virendra Singh moved an application dated 1-7-1995 under Section 372 of the Indian Succession Act praying that a Succession Certificate be...
Munni Devi and ors. Vs. Anguri Devi
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: AIR1999MP31; 1998(2)MPLJ648
ORDERS.P. Srivastava, J. 1. Feeling aggrieved by an order under Section 383 of the Indian Succession Act, 1925 (hereinafter referred to as the Act), on the application filed by the contesting respondent, the mother of the deceased Hari Shankar, revoking the grant of succession certificate issued in their favour vide the order dated 7-7-1989, passed in Case No. 23 of 1989, the present appellants who had claimed the succession certificate in the aforesaid case No. 23 of 1989, have now approached this Court seeking the reversal of the impugned order and the restoration of the earlier order dated 7-7-1989. 2. I have heard the learned counsel for, the appellants as well as the learned counsel representing the contesting respondent, and have carefully perused the record. 3. The relevant facts as they emerge from the pleadings of the parties and the evidence brought on record lie in a narrow compass. Hari Shankar, who was born on 1-1-1951, was selected and appointed on the post of Aarakshak i...
Jhanak Lal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: II(1998)DMC350
V.K. Agarwal, J.1. This petition of revision is directed against the order dated 15.7.1997 whereby a charge under Section 306 of the Indian Penal Code has been framed against the petitioner/accused by Sessions Judge, Mandla in S.T. No. 27/ 1997 pending in that Court.2. Prosecution case, stated in brief, is that deceased Aradhana Bai was married to the son of the petitioner, namely, Purshottam in the year 1994. The petitioner Jhanak Lal used to doubt the character of deceased his daughter-in-law, and used to say that the deceased had illicit relations with a servant by name Purshottam Dhobi. He also used to say that the deceased Aradhana used to behave immodestly and had won over the ladies of the neighbourhood. Thus, feeling aggrieved by her character assertion by the petitioner, the deceased committed suicide by self-immolation.3. The learned Trial Court, after consideration of the documents accompanying the charge-sheet, framed a charge under Section 306 of the Indian Penal Code agai...
Ramchandra and 2 ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: I(1999)DMC494
V.K. Agarwal, J.1. The petitioners are facing trial for offence under Section 306 r/w Section 34 of the Indian Penal Code alongwith other co-accused persons in S.T. No. 40/1995, which is pending before the I Additional Sessions Judge, Mandla. Charges as above have been framed against the accused-petitioners.2. The facts leading to the present case are that deceased Mehboob was a tenant and residing at Mahantwada, District Mandla. It is alleged that on account of dispute between the children, the accused-petitioner No. 1 Ramchandra lodged a report at P.S. Mandla. P.S. Mandla used to call the deceased Mehboob at the police station frequently. The deceased felt harassed on account of such frequent calls. He suspected the accused-petitioners and other co-accused were responsible for harassing him in the above manner. His wife left the village alongwith his children. The deceased committed suicide by drowning himself in the river. A suicidal note was found in his pocket in which he named th...
Devi Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: 1999(1)MPLJ354
Rajeev Gupta, J.1. The appellants, in all eight in number, have preferred this appeal against the impugned judgment dated 21-12-1987, passed by Additional Sessions Judge, Khurai, District Sagar in S. T. No. 117/87, whereby the appellants stand convicted under Sections 148, 302/149 (appellant No. 7 Anirudh Singh under Section 302 simpliciter) and 324/149 of the Indian Penal Code (for short the IPC), with sentences of rigorous imprisonment for 1 year, imprisonment for life and rigorous imprisonment for 1 year each respectively.2. The prosecution case, in short, is that:-(A) Accused Devi Singh, who was issue-less, had asked Khoob Singh (since deceased) and his brother Shivraj, who were residents of a village in Tehsil Sironj, to come and settle down in his village Dhana. Accused Devi Singh also offered Khoob Singh and Shivraj his agricultural land situated in village Dhana for cultivation and persuaded them to sell their agricultural land situated in Tehsil Sironj. Accused Devi Singh is s...
Kishansingh Shivprasad Swarnakar Vs. Dani Dharmashala
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: 1998(2)MPLJ302
ORDERS.P. Shrivastava, J.1. Heard the learned counsel for the defendant/applicant.2. Perused the record.3. Feeling aggrieved by an order passed by the trial Court allowing an application under Order VI, Rule 17, Civil Procedure Code, permitting amendments in the plaint, the defendant-applicant has now approached this Court seeking redress praying for the reversal of the impugned order.4. The suit giving rise to the impugned order had been filed by the plaintiff praying for a decree for the ejectment of the defendant from the accommodation in dispute under his tenancy.5. Apart from the aforesaid relief, the plaintiff had also prayed for a decree of prohibitory injunction restraining the defendant from using any portion of the building of which the accommodation in dispute formed part which had not been let out to him.6. It is not in dispute that the building in question falls within the purview of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act). T...
Arjun Singh Bhim Singh Yadav Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: 1998(2)MPLJ486
Rajeev Gupta, J.1. Appellant Arjun Singh has preferred this appeal against his conviction Under Section 302, of the Indian Penal Code (for Short the IPC), and sentence of imprisonment for life, recorded by IIIrd Additional Sessions Judge, Durg vide judgment dated 8-9-1988, passed in Sessions Trial No. 37/87.2. The factual matrix of the case, in a narrow compass, is that though Dhaniram (since deceased) and the four accused persons, including appellant Arjun Singh, were the members of one and the same gang of thieves, but there were some differences between them on account of the competitive feelings and distribution of the stolen property. At about 10.00 PM, in the fateful night of 13-4-1986, when Dhaniram was coming back to his house, the accused persons surrounded him near the 'paan-shop' of Mithu, and belaboured him by means of 'ballam' and lathis. Dhaniram, with a view to save himself, tried to run away, but he was followed by the accused persons, who belaboured him again. Injured ...
Devendra Verma and ors. Vs. Smt. Nidhi Shrivastava
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: 1998(2)MPLJ674
ORDERV.K. Agrawal, J.1. The present petition of revision Under Section 397/401 of Criminal Procedure Code has been filed against the Order dated 18-11-1997 passed by IXth Additional Sessions Judge, Bhopal in Criminal Revision No. 81/97 reversing the Order dated 15-2-1997 in Criminal Case No. 129-A/97 passed by J.M.F.C., Bhopal dismissing the complaint filed by the respondent, and directing registration of complaint against the petitioners for offences punishable Under Section 494 read with Sections 109 and 494 read with Section 114 of Indian Penal Code.2. Facts leading to the present petition are that complainant/ respondent Smt. Nidhi Shrivastava filed a complaint in the Court of J.M.F.C., Bhopal for offences punishable Under Sections 494, 495, 496, 498A and 120B of Indian Penal Code. It was alleged by the complainant/respondent that she was married to accused Sanjay Shrivastava on 11-5-1993 at Patel Nagar Colony, Bhopal and thereafter lived with him. However, her relations with Sanja...
Arjun Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-09-1998
Reported in: 1998CriLJ3956
Rajeev Gupta, J.1. Appellant Arjun Singh has preferred this appeal against his conviction under Section 302 of the Indian Penal Code (for short the IPC) and sentence of imprisonment for life, recorded by IIIrd Additional Sessions Judge, Durg vide Judgment dated 8-9-88, passed in Sessions Trial No. 37/87.2. The factual matrix of the case, in a narrow Compass, is that though Dhaniram (since deceased) and the four accused persons, including appellant Arjun Singh, were the members of one and the same gang of thieves, but there were some differences between them on account of the competitive feelings and distribution of the stolen property. At about 10.00 p.m. in the fateful night of 13-4-86, when Dhaniram was coming back to his house, the accused persons surrounded him Bear the 'Paan-Shop' of Mithu and belaboured him by means of 'ballam' and lathis. Dhaniram, with a view to save himself, tried to run away, but he was followed by the accused persons, who belaboured him again. Injured Dhanir...
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