Madhya Pradesh Court October 1999 Judgments
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Babbu @ Babulal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-14-1999
Reported in: 2000CriLJ1123; 2000(1)MPHT405
R.S. Garg, J.1. The appellant, being aggrieved by the judgment dated 21-1-97, passed in Sessions Trial No. 21/96 by the learned Sessions Judge, Sehore, convicting the appellant under Section 376(2)(f) of Indian Penal Code, sentencing him to undergo R.I. for ten years and pay fine of Rs. 2,000/- in default of payment of fine to undergo two months S.I. has filed this appeal.2. The prosecution case in brief is that P.W. 2 Kashibai the minor prosecutrix, when was carrying food to her father on 6-1-96 at about 4-5 p.m., the accused Babbu @ Babulal caught hold of her, used abusive language, asked her to hold her male organ and thereafter took her to the nearby sugar cane field, fell her on the ground and committed rape upon her. The girl after suffering the worst experience of her life went to her father and brothers, narrated the entire incident to them, and thereafter lodged the first information report. After receiving the report of a cognizable offence, the girl was sent for her medical ...
Smt. Vimla Devi and ors. Vs. Dayaram and ors.
Court: Madhya Pradesh
Decided on: Oct-14-1999
Reported in: 2000(3)MPHT197
ORDERDipak Misra, J.1. Considering different factual matrix in relation to effect and impact of non-intimation by the owner-insured to the insurer at the time of transfer of a motor vehicle as required under Section 103A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') and the resultant liability of the insurance company in such a factual foundation and noticing cleavage of opinion in Nana Bai and Ors. v. Ishaque Khan and Ors., 1995 ACJ 292, Nagindas and Anr. v. Nasir Ali and Ors., 1997 ACJ 1093 and United India Insurance Company Ltd. v. Shamsuddin and 11 Ors. (M.A. No. 378 of 1989) on one hand and Sabir Hussain v. Maya Bai and Ors., 1997 ACJ 1258 on the other, a Division Bench of this Court in M.A. No. 446 of 1997 and other connected matters thought it appropriate that the matter required to be decided by a larger Bench. In M.A. No. 192 of 1996 another Division Bench noticing the decision of this Court rendered in the case of Balwant Singh v. Jhunnubai and Ors., ...
Shri Uttam Chand and anr. Vs. Shri Purushottamdas Ji Patel
Court: Madhya Pradesh
Decided on: Oct-14-1999
Reported in: 2000(2)MPHT247
S.P. Khare, J.1. This is a second appeal under Section 100 C.P.C. Arguments on the question of admission heard.2. It has been held by the first appellate Court after reversal of the decree of the trial Court that the suit accommodation is not required bonafide by the plaintiff No. 2 for the purpose of starting the business 'in general goods' of his son Lalchand (P.W. 2) and he has reasonably suitable non-residential accommodation of his own in his occupation in the city for this purpose. It is an admitted fact that during the pendency of the appeal the plaintiffs have got actual possession of an accommodation just behind the shop from which the defendant is sought to be evicted. That alternative accommodation in possession of the plaintiffs consists of two big halls and two rooms. There are two openings on the main road from that accommodation. The width of those openings is less than the width of the shop in possession of the defendant. In the original plaint the plaintiffs did not di...
Santosh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-14-1999
Reported in: 2000CriLJ1835; 2000(2)MPHT241
ORDERS.K. Kulshrestha, J.1. 'Whether the second or successive bail applications in a pending appeal or bail application under Section 389 or 437/439, Criminal Procedure Code, should be considered by the Bench which has considered the first bail application unless the Court which decided the first application is not available for a sufficient duration, such as when the Court is in vacation' is the question referred for our answer by a Division Bench of this Court in the context of an earlier decision of a Division Bench at Indore Seat in Gopal v. State of M.P., 1999 (2) Vidhi Bhasvar 22 viewed as conflicting with the ratio of a Full Bench decision of this Court in Narayan Prasad v. State of Madhya Pradesh, 1993 MPLJ 1 and the decision of the Supreme Court in Shahzad Hasan Khan v. Ishtiaq Hasan Khan, AIR 1987 SC 1613.2. The appellant had filed the present appeal against the Judgment dated 20-8-1996 of the Learned First Additional Sessions Judge, Hoshangabad, in Sessions Trial No. 102/95,...
Santosh and Etc. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-12-1999
Reported in: 2000CriLJ1140
S.K. Kulshrestha, J. 1. The above two appeals are directed against the judgment dated 2-1-1989 of the learned Additional Sessions Judge, East Nimar, Khandwa, in Sessions trial No. 45 of 1988, by which the appellant Santosh in -- Criminal Appeal No. 25 of 1989 has been convicted for an offence under Section 304, Part II of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 1000/- and in default of payment of fine, to suffer further R.I. for six months, while the appellants in Criminal Appeal No. 38 of 1989 have been convicted under Section 304, Part II read with Section 149, I.P.C. and sentenced to R.I. for two years and fine of Rs. 500/- and in default of payment of fine, to suffer further, R.I. for three months, and also under Sections 323/ 149 and 148, I.P.C. and sentenced to suffer R.I. for three months on each count. The sentences have been directed to run concurrently and have been made subject to set off under Section 428,...
Jafar Ahmed Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-11-1999
Reported in: 2000(1)MPHT587
ORDER1. Heard the learned counsel for the petitioner.2. The petitioner is aggrieved by the order passed by the Tribunal whereunder, the application filed by him for giving a direction to the respondents to grant him the appointment on the compassionate ground has been rejected.3 It is not disputed that Bafati Khan the Grandfather of the petitioner had died while in service on 4th December, 1974. At that time, the petitioner was minor. It is also not disputed that at the time of the death of the Govt. employee Bafati Khan, his widow and sons were alive and none of them applied for appointment on the compassionate ground. The petitioner moved an application seeking appointment on the compassionate ground after his attaining majority. This application was filed on 30-8-1994.4. It cannot be lost sight of that the purpose of providing appointment on the compassionate ground is for providing relief to the family in distress of an employee dying in harness.5. The employee on account of whose ...
Syed Habib Ahmad Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-09-1999
Reported in: 2000(2)MPHT166
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the order dated 30-4-1997 (Annexure P-2) of the respondent No. 1 State Government by which the respondents No. 3 to 6 have been nominated as councillors in the Municipal Corporation, Bhopal under Section 9 (1) (b) of the M.P. Municipal Corporation Act, 1956 (hereinafter to be referred to as the Act).2. Section 9 (1) (b) of the Act provides that Municipal Corporation shall consist of, amongst others, not more than six persons 'having special knowledge or experience in municipal administration' nominated by the State Government. The respondents do not disclose how the respondents No. 3 to 6 have special knowledge or experience in municipal administration. The only plea which has been set up in the return is that the petitioner has no locus standi to challenge the order of nomination. In the absence of any details either from the State Government or the respondents No. 3 to 6 it must be hel...
Kanhaiya Lal and anr. Vs. Mustakim Khan and ors.
Court: Madhya Pradesh
Decided on: Oct-08-1999
Reported in: 2001ACJ50
Shambhoo Singh, J.1. This judgment shall govern the disposal of M.A. Nos. 498 of 1993 and 499 of 1993 filed by claimants under Section 173 of the Motor Vehicles Act, against the common award dated 14.9.93 passed by IVth Additional Member, Motor Accidents Claims Tribunal, Dhar, in Claim Case Nos. 23 of 1993 and 24 of 1993.2. The appellants' case, in brief, was that on 2.9.86 Jagdish, husband of appellant No. 1 and father of appellant Nos. 2 to 6 and son of appellant Nos. 7 and 8 (M.A. No. 499 of 1993) and Bharatsingh, son of appellants (M.A. No. 498 of 1993), were going on moped No. CPM 5391 on Dhar Road. At about 3-4 p.m. near National Steel Factory, respondent No. 2 Musa came from the opposite direction, driving truck No. MPU 6224, belonging to the non-applicant/respondent No. 1 Mustakim Khan and insured with non-applicant/ respondent No. 4 in rash and negligent manner and dashed against the moped, as a result of which Jagdish and Bharatsingh died on the spot. The L.Rs. of deceased Ja...
Leelabai Vs. Surajsingh and 2 ors.
Court: Madhya Pradesh
Decided on: Oct-08-1999
Reported in: I(2000)ACC136
ORDERA.K. Gohil, J.1. Appellant Leelabai has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation in Claim Case No. 243/ 96 in which the learned 3rd Addl. Member of Motor Accident Claims Tribunal, Dewas had passed an Award on 24.9.1997 and has awarded a claim of Rs. 4,300.00 with interest @ 12% per annum from the date of claim petition dated 13.7.1989 till the payment of the amount, excluding the period of three years for the remaining period.2. The case of the appellant, in brief, is that she filed a Claim Case No. 243/ 96 (old No. 85/89) before the learned 3rd Additional Member of Motor Accident Claims Tribunal, Dewas for claiming the compensation of Rs. 57,000/- and interest thereon. The appellant is a labourer. On 15.5.1989 in the night at about 11.00 p.m. she had gone to lift gas lantern from the Barat procession of Rafique with Wahidali of M/s. Juganu Light House. Barat was staying in the agricultural field. All Bandwalas and Gas...
Prof. Narendra Kumar Gouraha Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-07-1999
Reported in: AIR2000MP149; 2000(2)MPHT359; 2000(1)MPLJ192
ORDERC.K. Prasad, J. 1. Petitioner was the Vice-Chan-cellor of respondent No. 3 i.e. Pandit Ravi Shankar Shukla University (hereinafter referred to as the 'University' State Government came to the conclusion that the administration of the University cannot be carried out in accordance with the provisions of the Madhya Pradesh Universities Act, 1973 (hereinafter referred to as the 'Act') without detriment to its interest, it exercised the powers conferred under Section 52(1) of the Act and issued notification dated 8-1-1999 directing that the provisions of Sections 13, 14, 20 to 25, 40, 47, 48, 54 and 67 shall apply to the University; subject to the modification specified in the Third Schedule of the Act. After the issuance of the aforesaid notification, the Chancellor of the University in exercise of the power conferred under modified Sections 13 and 14 read with Section 52(3} of the Act and in consultation with the State Govt. by notification dated 8-1-1999, appointed Sri V. K. Dalela...
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