Madhya Pradesh Court February 2000 Judgments
N.T.C. Ltd. and ors. Vs. Mohansingh Sisodiya
Court: Madhya Pradesh
Decided on: Feb-07-2000
Reported in: 2000(3)MPHT474
ORDERJ.G. Chitre, J.1. The grievance of the petitioner is that he is required to face two prosecutions on one and same time for allegedly the same offence which is causing him the hardship of double jeopardy. Shri Bhargava submitted that the R.P.F.C. (Regional Provident Fund Commissioner) has moved the police machinery for prosecuting the petitioner and a prosecution initiated, however, on petitioner's depositing the amount pertaining to the employee's share, the Commissioner has requested the Police not to prosecute the petitioner so far as criminal breach of trust is concerned. Both Shri Bhargava and Khan submitted that the criminal prosecution is pending against the petitioner in respect of non-payment of employer's share at the instance of R.P.F.C.2. The views in respect of the criminal breach of trust on the part of Government servants are being liberalised by various State Governments. The Circulars have been issued that whenever such amount is deposited by the suspect, such pros...
Tag this Judgment!Chhatrapratap Singh Vs. Tulsi Prasad and ors.
Court: Madhya Pradesh
Decided on: Feb-07-2000
Reported in: 2000(4)MPHT465
ORDERS.C. Pandey, J.1. This revision, under Section 115 of the Code of Civil Procedure, is directed against the order dated 6-8-1999 passed by 7th Additional District Judge, Bilaspur in Civil Suit No. 51-A/98, whereby the Court below has rejected an application marked as I.A. No. 22.2. In that application, it was prayed by the applicant that he relied on the Will dated 2-2-1987 executed by Late Moti Bai. That Will was in her possession and after her death, the Will was not found by the applicant. It was further alleged that this document was a registered document and, therefore, the applicant filed a certified copy of the Will for the purpose of proving the Will. It was also alleged that both the attesting witnesses of the Will had expired. It was urged that the Court be pleased to grant permission to the applicant to lead secondary evidence in the shape of certified copy of the Will.3. Having heard learned counsel for both the parties, this Court is of the opinion that Section 65 or 6...
Tag this Judgment!Kulsum Bai and anr. Vs. Kallu and ors.
Court: Madhya Pradesh
Decided on: Feb-04-2000
Reported in: AIR2000MP292; 2000(2)MPHT31
S.P. Srivastava, J.1. Heard Shri K.K. Lahoti, learned counsel for the appellants.2. Perused the record.3. Feeling aggrieved by the quantum of compensation fixed by the Motor Accidents Claims Tribunal, Sheopurkalan (herelnater referred to as the Tribunal) under the impugned award, the parents/claimants have now come up in appeal seeking enhancement of the compensation and modificationof the award in question accordingly.4. The facts in brief shorn of details, and necessary for the disposal of this appeal, lie in a narrow compass: An application under Section 110 of the Motor Vehicles Act, 1939. was filed on 2-9-1987 by the present appellants claiming Rs. 4,45.000/- as compensation on account of the death of their minor son, Muzaffal Hussain aged about 12 years in a motor accident on 14-3-1987 at about 4.30 P.M., wherein the minor who was riding a bicycle was hit by the offending truck registration No. M.P.G. 5378. It was being driven fastly and in a negligent manner by Kallu who was imp...
Tag this Judgment!Smt. Shiva Vs. Sumit Ranjan
Court: Madhya Pradesh
Decided on: Feb-04-2000
Reported in: II(2000)DMC275
ORDERV.K. Agarwal, J.1. This is an application under Section 24 of C.P.C. for transfer of Civil Suit No. 40-A/99 pending in the Court of Additional District Judge, Narsinghpur, to the Court of competent jurisdiction at Bhopal.2. The parties were married on 14.12.1996 according to Hindu rites and customs at Bhopal. A son was born out of the wedlock on 29.6.1998 at Bhopal. It is also not in dispute that the petitioner is residing at her parental home at Bhopal.3. The petitioner has averred in her application that she was being treated by her husband and his family members with cruelty and she was physically assaulted. Therefore, her parents had taken her back with them to Bhopal, where she delivered a male child. While the petitioner was admitted in the Maternity Home, the respondent came there and quarrelled With her. The respondent/husband has thereafter filed a petition for divorce at District Court, Narsinghpur, which was transferred to the Court of Additional District Judge, Narsing...
Tag this Judgment!Malsingh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-03-2000
Reported in: 2000(2)MPHT43; 2000(3)MPLJ66
Shambhoo Singh, J.1. This judgment disposed of Cr.A. No. 532/93 and 543/93 as they are directed against the judgment & Order dated 5-10-93 passed by IVth A.S.J. Dhar in S.T. No. 183/91 whereby all the appellants were convicted for offence under Section 148 I.P.C. and appellants Punja & Malsingh for offence under Section 302 I.P.C. and appellants Khuman, Ansingh, Bhavsingh and Gobariya for offence under Sections 302/149 I.P.C. and sentenced to 3 years R.I. and life imprisonment respectively.2. The prosecution case, in brief, was that on 12-2-91 Banesingh (P.W. 3), his brother Bahadur (P.W. 5), their father deceased Bhagiya, Bhagiya's nephew Limji (P.W. 4), Rupla (P.W. 8), appellants and acquitted accused Nansingh, Mukut, Dhaniya had gone to Harsinga Tekri to see 'Shivratri-Mela' and to worship God Shiva. In this 'Mela', thousands of tribal people armed with weapons come in groups. They consume liquor, dance, sing and beat drums. The appellants and the complainant party had animosity as ...
Tag this Judgment!Ku. Maya Sharma and ors. Vs. Smt. Shashi Goel and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2000
Reported in: 2000(2)MPHT250; 2000(2)MPLJ356
R.B. Dixit, J.1. Feeling aggrieved by the judgment and decree dated 7-1-99, passed by 11th Addl. Judge to District Judge, Gwalior in Civil Appeal No. 9A/98 confirming the judgment and decree of eviction dated 2-2-98 passed by IInd Civil Judge, Class 2 Gwalior in Civil Suit No. 121-A/95, the defendants/appellants have come up in this second appeal praying for dismissal of the suit of the plaintiff/respondents.2. Deceased Mahesh Chandra Goel husband of respondent Shashi Goel and father of respondent Anil, Versha and Ritu had filed a suit for eviction and recovery of arrears of rent on the ground that defendants are tenant for Rs. 30/- per month of a portion of his house No. 548 situated at Sarafa Bazar, Lashker, Gwalior. Defendants have not paid rent since 20-8-84. The plaintiff himself is residing with his family in a rented house of Omprakash Bansal situated at Janakganj and therefore, he requires the accommodation for residential purposes of himself and his family. The plaintiff has f...
Tag this Judgment!Chief of Army Staff and ors. Vs. R.P. Tiwari and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2000
Reported in: 2000(3)MPHT245
ORDER1. Bar Council of India created under the Advocates Act, 1961 and the Apex Body of the Advocates under the Act has given nationwide call for protesting against the proposed amendment in the Code of Civil Procedure, 1908 as the Bar Council of India while supporting certain amendments in the Code has opposed certain amendments in the interest of administration of justice. Consequent upon it, the Bar Council of the State of Madhya Pradesh has also decided to support the call of the Bar Council of India and like-wise the Bar2. Association of the High Court has also supported the call of the Bar Council of India and by way of protest, the Bar Association of Madhya Pradesh High Court has taken a decision for attending the Court but by keeping silence (Moun Vrat) to ventilate their protest. In view of this, the lawyers are present but as they have taken decision to observe Moun Vrat, they are not in a position to address the Court. In this connection, a request is sent to the Secretary o...
Tag this Judgment!Mohar Singh and anr. Vs. Shri Trilokchand and ors.
Court: Madhya Pradesh
Decided on: Feb-02-2000
Reported in: 2000(1)MPHT657
ORDER1. Heard the learned counsel for the appellants.Perused the record.This appeal, which arises out of the proceedings initiated by the claimants-appellants under Section 166 of the Motor Vehicles Act, is directed against the order passed by the Motor Accident Claims Tribunal, whereunder the present appellants have been found entitled to a total amount of Rs. 1,89,200/-with 12% per annum interest from the date of filing of the application towards compensation in respect of the death of their son, Tehsildar Singh, aged 20 years in the motor accident which took place on 12th of January, 1996.2. The Tribunal has found that the deceased, son of the claimants who had read only up to 5th class, was having an income of Rs. 1800/- per month. It may be noticed that the father of the deceased, the present appellant No. 1, was aged 45 years at the time of the accident while the mother of the deceased, the present appellant No. 2, was aged about 40 years. The deceased was the youngest son having...
Tag this Judgment!Smt. Shantibai and ors. Vs. Aslam Khan and ors.
Court: Madhya Pradesh
Decided on: Feb-02-2000
Reported in: 2000(2)MPHT385
ORDERPerused the record.1. The appellants feel aggrieved by the award of the Motor Accidents Claims Tribunal whereunder their application seeking compensation for the death of Gangaram, the husband of the appellant No. 1 and the father of the appellants No. 2 to 8, in an motor accident on 2-6-1996 awarding compensation of an amount of Rs. 1,70,000/- with 12% per annum interest from the date of the application.2. The claimants have prayed for the enhancement of the amount of compensation to an amount of Rs. 8,00,000/-.3. The Motor Accidents Claims Tribunal has determined the income of Gangaram who was claimed to be a professional iron sheet cutter at a figure of Rs. 15,000/- per annum.4. The claimants had asserted that the deceased earned Rs. 150/- per day. But on an assessment of the oral evidence which alone was sought to be relied upon in this connection, the Tribunal had come to the conclusion that the claimants had failed to establish that Gangaram had any such income as asserted. ...
Tag this Judgment!Mohan and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-02-2000
Reported in: 2000(3)MPHT233
S.P. Khare, J.1. Appellants Mohan and Dilip have been convicted under Section 376(2)(g) Indian Penal Code and sentenced to rigorous imprisonment for ten years and a fine of Rs. 2,000/- each.2. The prosecution case was that Soni Bai (P.W. 1) aged about 16 years was alone in her house in village Belsari on 5-3-1996. That was the day of Holi. Accused Mohan and Dilip entered in her house at about 2.00 P.M. and asked her where her maternal uncle Rekhalal (P.W. 2) had gone. She replied that he has gone to another village. Both the accused persons took her inside a room and bolted it. Accused Mohan was first to commit rape on her. At that time accused Dilip kept her mouth closed. Thereafter accused Dilip had forcible sexual intercourse and at that time accused Mohan was keeping her on the ground. Both the accused persons left her house after commission of the crime. After gaining some consciousness she took water and hastened to the house of her maternal aunt Kamla Bai (P.W. 3) and narrated h...
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