Madhya Pradesh Court September 1998 Judgments
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Barjibai Wd/O Kawarlal and ors. Vs. Harilal S/O Mohanlal and ors.
Court: Madhya Pradesh
Decided on: Sep-15-1998
Reported in: 1999(1)MPLJ411
C.K. Prasad, J.1. This is plaintiff's second appeal under Section 100 of the Code of Civil Procedure against the judgment of affirmance.2. Original plaintiff Kawarlal (since dead) filed the suit for eviction of the defendants on the ground enumerated under Sections 12(l)(a), 12(1 )(c), 12(l)((k) and 12(l)(m) of the M.P. Accommodation Control Act, 1961. Fourth Civil Judge, Class II, Durg by judgment and decree dated 2-12-1988 passed in Civil Suit No. 96-A of 1988 dismissed the suit. Plaintiff aggrieved by the same preferred appeal and the Fourth Additional District Judge, Durg by judgment and decree dated 21-12-1990 passed in Civil Appeal No. 4-A of 1989 dismissed the appeal. Plaintiff aggrieved by the same has preferred this appeal and by order dated 12-7-1991 appeal has been admitted on the following substantial question of law :-'Whether on facts found, the plaintiff is entitled to a decree for eviction under Section 12( l)(c) of the M.P. Accommodation Control Act, 1961?'3. Facts nec...
Gopal Das Maheshwari Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-15-1998
Reported in: 1999(1)MPLJ459
ORDERR.S. Garg, J.1. By this petition under Article 227 of the Constitution of India, the petitioner challenges the correctness, validity and propriety of the orders issued by the respondents rejecting the claim of the petitioner for grant of Disability Pension, gratuity and other relevant statutory and pecuniary benefits.2. The brief facts necessary for the disposal of the petition are that the petitioner was appointed as Sepoy on 20-10-1986. Somewhere in November, 1989 he proceeded on leave for settlement of his engagement. Probably the engagement was materialised but suddenly, the petitioner, as alleged by the respondents suffered psychotic disorder and started thinking that the others were talking ill about his life, and all members of his family have turned ghosts. The petitioner, was brought to Military Hospital, Bhopal and was admitted on 20-11-1989 where he remained upto 22-11-89. He was shifted to Jabalpur Military Hospital where he stayed from 23-11-1989 to 7-12-1989. From 8-...
Baghmal Jhadulal JaIn and ors. Vs. Bhaiyalal S/O Umrao Singh Raghuvans ...
Court: Madhya Pradesh
Decided on: Sep-15-1998
Reported in: 1999(2)MPLJ293
ORDERR.P. Gupta, J.1. This revision-petition is directed against the order dated 9-6-1997 of First Additional Sessions Judge, Chhindwara in Criminal Revision No. 35/93 whereby the learned Additional Sessions Judge set aside the Order dated 10-3-1993 passed in Criminal Case No. 475/91 by the Court of Judicial Magistrate First Class Chhindwara dropping the complaint proceedings against the accused (present petitioners).2. The relevant facts in brief are that the present respondents filed a complaint against the 8 petitioners who are officers and employees of Central Co-operative Bank, Chhindwara, alleging the offences punishable under Sections 454, 380, 147, 148 read with 149, Indian Penal Code.3. Initially, this complainant had filed a complaint against these respondents (present petitioners) for the same offences as far back as 1st December, 1986 on the allegations that on 17-11-1981, the complainant had gone to Chhindwara from his village Seonipanmoti. His wife was at home. These accu...
Sukhnandan Ram Sahu Vs. Oriental Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Sep-15-1998
Reported in: 1999ACJ750; 1999(1)MPLJ1
A.K. Mathur, C.J.1. All the aforesaid six cases arise out of one accident, therefore, they are disposed of by this common order.2. Misc. Appeal Nos. 309, 310 and 311 of 1993 are filed by the appellant Sukhnandan Ram Sahu, owner of the tractor and trolley; Misc. Appeal No. 298 of 1993 is filed by claimants Sukaloo and others; Misc. Appeal No. 299 of 1993 is filed by claimants Bisahin and others and Civil Revision No. 264 of 1993 is filed by the Oriental Insurance Co. Ltd.3. For convenient disposal of all the aforesaid cases, the facts given in Misc. Appeal No. 309 of 1993 (Sukhnandan Ram Sahu v. Oriental Insurance Co. Ltd.) are taken into consideration.4. On 28.2.1988 in the evening, the appellant Sukhnandan Ram Sahu, owner of the tractor and trolley, directed his younger brother Madanlal that he should take the tractor to Mahasamund for some agricultural work on the next day and had sent Bisahu, Jailal, Puniyabai, Suklabai, Derha and Mongrabai as coolies to Mahasamund in the tractor-tr...
Khatoonbi and ors. Vs. Prithvipal Singh and anr.
Court: Madhya Pradesh
Decided on: Sep-15-1998
Reported in: I(1999)ACC324; II(1999)ACC202; 2000ACJ634
Shambhoo Singh, J.1. This order shall govern disposal of M.A. No. 70 of 1991 (Claim Case No. 39 of 1980), M.A. No. 71 of 1991 (Claim Case No. 40 of 1980) and M.A. No. 268 of 1991 (Claim Case No. 38 of 1980) as they arise out of the same accident and involved common question of law and fact.2. The claimants' case in all the three Claim Case Nos. 38, 39 and 40 of 1980 was that in the night intervening 27 and 28.8.1979, respondent/non-applicant No. 1, the driver, brought truck No. HRD 6540 loaded with cattle to Lakshman Mandi, Indore where he was to unload the same and asked four boys, Iqbal Ahmed, Abdul Jahoor, Abdul Karim and Jakir to sit on the cabin of the said truck and thereafter, he drove it rashly and negligently and passed beneath the railway bridge at Nasiya. Since the height of the said railway bridge is quite low, the boys sitting on the cabin of the said truck got struck against the bridge as a result of which Iqbal Ahmed and Abdul Karim died on the spot and Abdul Jahoor died...
Ashok Vs. Narmada Bai and anr.
Court: Madhya Pradesh
Decided on: Sep-15-1998
Reported in: 2000ACJ553
R.P. Gupta, J.1. This appeal is directed against the award dated 6.1.1995 given by the Motor Accidents Claims Tribunal, Khandwa, whereby a sum of Rs. 57,600 was awarded in favour of respondent No. 1 as compensation for the death of her son Dinesh, aged about 26 years against the appellant. The death occurred due to injuries suffered in a road accident wherein a motor cycle No. MP-12-1404 slipped and fell on the road. It was being driven by the owner Ashok and the deceased Dinesh was sitting on the pillion seat. Both of them suffered injuries but Dinesh died the next day. Claimant-respondent No. 1 is the mother of Dinesh. The compensation of Rs. 57,600 was awarded in favour of respondent No. 1 against appellant No. 1 and not against the insurance company. The appellant has raised two-fold contentions: (1) that insurance company should have been made liable when it was found established that the motor cycle was insured comprehensively, and (2) that the amount awarded was excessive.2. Aft...
Mrs. Sharada Pullela Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-14-1998
Reported in: [2000]241ITR473(MP)
S.K. Kulshreshtha, J.1. This petition has been filed challenging the order of the Commissioner of Income-tax (annexure 'G'), by which he has rejected the application of the petitioner for waiver of the penalty and interest filed under Section 273A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').2. Section 273A in the relevant years read as under :'273A. Power to reduce or waive penalty, etc., in certain cases.--(1) Notwithstanding anything contained in this Act, the Commissioner may, in his discretion, whether on his own motion or otherwise,-- (i) reduce or waive the amount of penalty imposed or imposable on a person under Clause (i) of Sub-section (1) of Section 271 for failure, without reasonable cause, to furnish the return of total income which he was required to furnish under Sub-section (1) of Section 159 ; or(ii) reduce or waive the amount of penalty imposed or imposable on a person under Clause (iii) of Sub-section (1) of Section 271 ; or(iii) reduce or waive...
State of M.P. Vs. Bhagwanti Bai
Court: Madhya Pradesh
Decided on: Sep-14-1998
Reported in: I(2000)DMC286
ORDERJ.G. Chitre, J. 1. Heard Shri Prakash Verma Dy. G.A. for appellant-State Shri Umesh Maheshwari Counsel for the respondent in context with the record which has been examined.2. Mr. Verma contended that the Trial Court committed the error in coming to the conclusion that mere is no case for framing the charge so far as respondent Bhagwantibai is concerned. Mr. Umesh Maheshwari supported the impugned order as correct, proper and legal by submitting that the material which has been collected during the course of investigation does not bring it case under four corners of Section 304B of I.P.C.3. Learned trial Judge has committed the error in interpreting the words 'dowry' 'in connection with which has been used while defining the word 'dowry'.4. The Trial Court formed the opinion that there has to be an agreement for giving and taking nuptial gifts which would come under definition of 'dowry'. The word 'dowry' is not restricted only to the articles which are agreed to be given and take...
Gokul Singh Rammilan Singh Patel Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-14-1998
Reported in: 1999(1)MPLJ74
ORDERDipak Misra, J.1. Extinction of one's Liberty amounts to crucifixion of one's soul. Because of this feeling a noble soul had demanded 'Give me liberty or give me death'. It is a cherished ideal that echoes the inner desire of every human soul. No one would like to barter it for the entire wealth of the world. The cause of liberty is treated as the cause of the creator. One's freedom, may be that of an accused or a convict can be curtailed in accordance with the terms of procedure established by 'law' but how long that curtailment should continue as far as an accused is concerned is the seminal question that arises for consideration in this application for obtaining concession of bail - third attempt by the petitioner who has been arraigned as an accused in Crime No. 21/97 instituted for offences punishable under Sections 302, 147 and 148/149 of the Indian Penal Code (in short 'IPC'). The singular contention is that the delay in disposal of the trial in S. T. No. 86/97 entitles the...
Gokul Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-14-1998
Reported in: 1999CriLJ3455
ORDERDipak Misra, J.1. Extinction of one's liberty amounts to crucifixion of one's soul. Because of this feeling a noble soul had demanded 'Give me liberty or give me death'. It is a cherished ideal that echoes the inner desire of every human soul. No one would like to bArticleer it for the entire wealth of the world. The cause of liberty is treated as the cause of the creator. One's freedom, may be that of an accused or a convict can be curtailed in accordance with the terms of procedure established by 'law' but how long that, curtailment should continue as far as an accused is concerned is the seminal question that arises for consideration in this application for obtaining concession of bail-third attempt by the petitioner who has been arraigned as an accused in Crime No. 21/97 instituted for offences punishable under Sections 302, 147 and 148/149 of the Indian Penal Code (in short 'IPC'). The singular contention is that the delay in disposal of the trial in S.T. No. 86/97 entitles t...
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