Madhya Pradesh Court November 2000 Judgments
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Hemant Soni and Others Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-03-2000
Reported in: 2001(2)MPHT344
ORDERS.C. Pandey, J.1. This Revision is directed against the order dated 10-6-99 passed in respect of Crime No. 135/98 by 1st Additional Sessions Judge, Raisen.2. It appears that Karodilal Soni was working as a Patwari in District and Tehsil Raisen. An F.I.R, was lodged against him alleging that he had amassed Rs. 15,79,262.00 during the course of his service by the Authorised Officer of Special Police Establishment Lokayukt. This amount was alleged to be more than the income he could have earned from known source of his income. It is not disputed before me by the learned counsel for the respondent that the charge-sheet has not yet been filed, although the F.I.R. was lodged as far as back on 6-11-98.3. It is alleged in this revision that persuant to the F.I.R. the State of M.P. through Special Police Establishment (Lokayukt) Officer, Bhopal started investigation. Consequently, the premises belonging to the applicant Nos. 1 and 2 the sons of Karodilal Soni were raided. It is alleged tha...
M.P.S.R.T.C., and anr. Vs. Rateesh and anr.
Court: Madhya Pradesh
Decided on: Nov-03-2000
Reported in: I(2001)ACC664
Shambhoo Singh, J.1. This judgment shall govern the disposal of M.A. No. 349/95, M.P.S.R.T.C. and Anr. v. Rateesh and Anr. and M.A. No. 578/95, Rateesh v. Saifuali and Ors. against the award dated 18.4.1995 passed by M.A.C.T. Dewas in Claim Case No. 125/90.2. The facts of the case, in brief, are that on 16.7.1990 the appellant-claimant (M.A. No. 578/95) was coming from Ujjain to Dewas by travelling in passenger bus No. M.B.W. 1538 driven by non-applicant No. 1 belonging to Madhya Pradesh State Road Transport Corporation (for short 'the Corporation'). Near village Singawda, another bus bearing Registration No. M.B.E. 1837 belonging to the Corporation and driven by respondent No. 2 came from opposite direction in rash and negligent manner and dashed against the bus No. M.B.W. 1538, as a result of which the claimant sustained compound fracture in his both legs, three fractures in left leg and four fractures in right hand and fracture of both collar bone. He was admitted in District Hospit...
Koshalyabai and ors. Vs. Lachchhoo Devilal and ors.
Court: Madhya Pradesh
Decided on: Nov-03-2000
Reported in: I(2001)ACC550
Shambhoo Singh, J.1. This appeal is directed by the claimants for enhancement of compensation amount granted by the award dated 10.3.1999 passed by 14th Member, M.A.C.T. Indore in Claim Case No. 37/1993.2. The claimants' case, in brief, was that on 30.3.1993, 30 years old Parwat Singh, husband of appellant No. 1 and father of appellant Nos. 2 to 4, was going on his cycle at Dhar Road, Indore. At about 7 p.m. the respondent No. 1 came from opposite direction driving Truck No. C.I.O. 9327 belonging to respondent No. 2 and insured with respondent No. 3, in rash and negligent manner and dashed against him, as a result of which he sustained injuries. He was admitted in M.Y. Hospital, Indore where he died on the same day. He was earning Rs. 2,500/- per month as a salesman. The appellants filed claim application seeking compensation of Rs. 3,41,000/-. The respondents resisted the claim and pleaded that the deceased had consumed liquor and he fell down from his cycle and sustained injuries. Th...
Vijay Kumar Bhagwat Vs. Shri Kant and Another
Court: Madhya Pradesh
Decided on: Nov-02-2000
Reported in: 2001(1)MPHT226
ORDERR.B.Dixit,J.1. This appeal involves a peculiar situation where all the attesting witnesses of a registered Will had expired before they could be examined in the Trial Court.2. The facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass.The appellant/plaintiff brought a suit (No. 165-A/94) in the Court ofSecond Civil Judge Class-I, Vidisha for declaration and possession in respect of suit house claiming its ownership on the basis of a registered Will dated 29-1-1957 (Ex. D-1) in favour of respondents alleged to have been executed by his father Laxman Rao as fake and false. He has also claimed mesne profit. It is alleged that respondents had occupied a portion of the suit house as a tenant of his father and, therefore, also claims mesne profit at the rate of 150A per month.3. The respondents-defendants had contested the suit on the ground that the house belonged to father of the appellant. However, since appellant never resided with his ...
Chandra Narayan (Major) Vs. the Commissioner, Municipal Corporation, B ...
Court: Madhya Pradesh
Decided on: Nov-02-2000
Reported in: 2001(2)MPHT184; 2001(2)MPLJ94
S.S. Saraf,J.1. This appeal under Section 100, CPC has been preferred against the judgment and decree dated 12-7-1989 passed by the learned IInd Additional District Judge, Bhopal in Regular Civil Appeal No. 22-A/84 affirming the judgment and decree dated 23-12-1983 passed by the learned IInd Additional Civit Judge, Bhopal in Regular Civil Suit No. 210-A/1982 dismissing the suit instituted by the plaintiff/appellant for declaration that his termination of employment is null and void.2. The essential facts necessary to decide the appeal are :-- The appellant/plaintiff was posted as 'Chowkidar' by the Administrator, Nagar Nigarn, Bhopal hy order dated 24-10-1978 Ex. P-11. He was discharged from the service by order of the Administrator, Nagar Nigam, Bhopal by order dated 11-12-1979 Ex. P-10. An appeal having been preferred by the plaintiff/appellant has also been dismissed by the said Administrator. The plaintiff/appellant therefore instituted the present Civil Suit on the ground that the...
Abdul Zahir Khan Vs. Smt. Tarranum Ara and anr.
Court: Madhya Pradesh
Decided on: Nov-02-2000
Reported in: II(2001)DMC364
ORDERS.C. Pandey, J. 1. The applicant is aggrieved by the order dated 27.8.1997 passed by 3rd Addl. Session Judge, Chhatarpur in Criminal Revision No. 5/97 arising out of ex parte order dated 9.2.1996 passed in Criminal Case No. 22/1995 by Judicial Magistrate 1st Class, Chhatarpur.2. The respondent No. 1 Smt. Tarranum Ara has filed an application under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to 'the Act') against the applicant stating that she had married the applicant Abdul Zahid Khan on 20.4.1992. It was stated that the marriage was performed according to the Mohammedan Law at Chhatarpur and at the time of performance of the marriage Rs. 25,000/- was fixed as Mehar. It was further stated that father of the non-applicant had given articles to the applicant worth rupees one lac mentioned in the paragraph-3 of the application. Thereafter, a further demand of dowry was made on behalf of the applicant. Subsequent to non fulfilment of dem...
Oriental Insurance Co. Ltd. Vs. Ayodhyabai and ors.
Court: Madhya Pradesh
Decided on: Nov-02-2000
Reported in: II(2001)ACC415; 2002ACJ1053
A.K. Gohil, J.1. Appellant insurance company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 24.12.1996 passed by the M.A.C.T., Shajapur in Claim Case No. 24 of 1995 on the ground that the award is nullity inasmuch as same was made without bringing L.Rs. of respondent No. 2 Mangalsingh on record, who died during the pendency of claim petition and also on the ground that the cover note on which vehicle has been shown as insured is a forged and fabricated one and no such cover note was ever issued in the name of owner of the truck No. MP 06-2252.2. The facts of the case in brief for the disposal of this appeal are that Ayodhyabai, respondent No. 1, on 4.4.1994 filed a claim petition under Sections 166 and 140 of the Motor Vehicles Act on the ground that on 4.2.1994 at about 4 p.m. deceased Kaluram Rathore, husband of the claimant was coming to his village Chonsala Nikamb, Tehsil and Dist. Shajapur from Panwadi Hat Bazar. He was standing on ...
Smt. Pushpabai Vs. Pratap Singh
Court: Madhya Pradesh
Decided on: Nov-01-2000
Reported in: I(2001)DMC110
ORDERA.K. Gohil, J. 1. Petitioner wife has filed this revision under Section 397, Cr.P.C. against the judgment and order dated 15.4.1997 passed by A.S.J., Kukshi, Dist. Dhar in Cri. Revision No. 37/97 setting aside the order passed by Judicial Magistrate, First Glass, Kukshi in Cri. Case No. 44/94 granting maintenance allowance @ Rs. 50/-per month to the petitioner-wife.2. Briefly stated that on 7.10.1994 petitioner filed an application under Section 125, Cr.P.C. for claiming maintenance from the respondent Pratapsingh. In this application the petitioner claimed that she is married wife of the respondent. After solemnizing the marriage, petitioner resided with the respondent but on 4th August, 1992 the respondent removed the applicant from his house. She is not having any independent source of income. The respondent is a teacher, earning around Rs. 4,000/- per month, besides this also earning some amount from tuitions. In reply the respondent denied all the allegations including the fa...
Suresh and ors. Vs. Nanubai
Court: Madhya Pradesh
Decided on: Nov-01-2000
Reported in: I(2001)DMC426
ORDERS.B. Sakrikar, J.1. Applicant-defendants have directed this revision against the order dated 22.12.1997 passed by District Judge, Mandleshwar in Misc. Civil Case No. 9/97 thereby awarding Rs. 250/ - per month by way of maintenance in favour of the non-applicant/plaintiff during the pendency of the suit filed by the non-applicant in forma pauperis.2. Briefly stated the facts of the case are that the non applicant plaintiff filed a suit against the present applicants for the reliefs indicated below : 'xxx xxx xxx xxx xxx'3. During the pendency of the aforesaid case non-applicant filed LA. No. 2 under Section 151, C.P.C. for grant of maintenance pendente lite. The learned trial Judge by the impugned order, allowed the said application of the non-applicant and granted maintenance @ Rs. 250/- per month in favour of the non-applicant during the pendency of the suit. Aggrieved, the applicants have filed this revision.4. I have considered rival submissions of the learned Counsel for the p...
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