Madhya Pradesh Court March 2000 Judgments
State of M.P. Vs. Sarnamsingh and ors.
Court: Madhya Pradesh
Decided on: Mar-23-2000
Reported in: 2000CriLJ3636; 2000(3)MPHT311
J.G. Chitre, J.1. The Death Reference alongwith above appeals are decided by a common judgment.2. Learned Sessions Judge, Dewas has made a death reference in view of provisions of Criminal Procedure Code, 1973 (hereinafter referred to as Code for convenience). Accused Sarnamsingh, Shivrajsingh and Tikaram have preferred appeal assailing their conviction and sentence for offences punishable under provisions of Sections 302 read with 149, 395 read with 397, 396, 307 read with 149 of IPC. They have also appealed against the sentence inflicted on them for the offences mentioned above for which they have been held guilty by the learned Sessions Judge, Dewas. The prosecution - the State of M.P. has appealed to this Court for enhancing the sentence inflicted on accused Tikaram. In context with the appeals preferred by Sarnamsingh, Shivrajsingh and Tikaram. It is the contention of these accused that learned trial Judge has committed the error of recording the finding of guilt against them and ...
Tag this Judgment!Jeera Bai Vs. Swatantra Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-22-2000
Reported in: II(2000)DMC459
ORDERV.K. Agarwal, J.1. Respondent No. 1 Swatantra Kumar filed an application under Section 372 of the Indian Succession Act, for grant of succession certificate in His favour regarding the saving bank account of deceased Rameshwar Prasad, who undisputably died on 14.8.1989. The respondent No. 1 petitioner filed the application as above with the averment that he is the son of the deceased Rameshwar Prasad. The application was opposed by the appellant Smt. Jeera Bai, who claimed to be the wife of Rameshwar Prasad.2. The learned Succession Court found that the appellant/objector could not prove that she was the married wife of deceased Rameshwar Prasad. Accordingly her objection was rejected.3. Learned Counsel for appellant submits that the claimant had stated that she had married the deceased. However the statement of the claimant/appellant Smt. Jeera Bai indicates that she claims that she was married to Rameshwar Prasad by exchange of garlands in the temple. She has stated that nobody ...
Tag this Judgment!R.S. Kushwaha Vs. Masjid Ganga Sagar and ors.
Court: Madhya Pradesh
Decided on: Mar-22-2000
Reported in: 2000(3)MPHT13
ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, the defendant petitioner has called in question the pregnability of the order dated 5-7-99 passed by the learned 11th Additional District Judge, Jabalpur in Misc. Appeal No. 22/98 whereby he has allowed applications namely the application for amendment and application for impleadment of parties.2. The factual matrix lie in a narrow compass. The non-applicant as plaintiff filed a Civil Suit No. 276-A/98 for permanent injunction. Alongwith the suit a prayer was made for grant of temporary injunction. As the injunction was granted the defendant/petitioner preferred an appeal forming the subject matter of M.A. No. 22/98 which was assigned to the learned XIth Additional District Judge, Jabalpur. Before the lower appellate Court an application under Order 6 Rule 17 for amendment of the plaint and another application under Order 1 Rule 10 of the C.P.C. for impleadment wa...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Munni Bai and ors.
Court: Madhya Pradesh
Decided on: Mar-22-2000
Reported in: 2002ACJ1903; 2000(3)MPLJ469
A.K. Mishra, J.1. The present appeal has been filed by the appellant New India Assurance Co. Ltd., being aggrieved by the award dated 12.11.1999 passed in Claim Case No. 51 of 1999.2. Deceased Nemichand met with an accident on 19.2.1999, while he was going from Sagar to Rahatgarh in a jeep bearing registration No. MP 15-D 5637. The jeep was driven by respondent Ramji, in a rash and negligent manner and as a result of which it turned turtle. Nemichand sustained injuries and on the way to hospital he died. Legal representatives of deceased Nemichand, i.e., his widow, sons and daughters claimed the compensation of Rs. 8,61,000.3. The insurer in the written statement denied its liability and contended that the jeep in question was being used in violation of the terms and conditions of the insurance policy as it was insured for private use only. It is further contended by the counsel appearing for the appellant, that the jeep in question was being used as a taxi hence, it was not liable to ...
Tag this Judgment!Dhaneshwar Sharma Vs. Nagar Panchayat and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2000
Reported in: [2000(86)FLR470]; (2000)IILLJ1425MP
Fakhruddin and N.G. Karambelkar, JJ. 1. The petitioner has filed this Letters Patent Appeal against an order passed by the learned single Judge of this Court in W.P. No. 992/1997 Dhaneshwar Sharma and Ors. v. Nagar Panchayat, Jaura and Ors., decided on July 8, 1997.2. Briefly stated, the facts are that] appellant Dhaneshwar Sharma and one Vinod Kumar Sharma (who has been impleaded in this appeal as respondent No. 4) were employed as clerks on daily wages by Nagar Panchayat, Jaura. Their services were terminated. They filed Writ Petition No. 992/1997 on June 28, 1997 on the ground that they were appointed as clerks on clear vacant posts under Madhya Pradesh Municipal Employees (Recruitment and Conditions of Service) Rules, 1968 (for short, the 'Rules') respectively from May 1, 1996 and from January 1, 1997 in Nagar Panchayat, Jaura. Petitioner No. 1 appellant had worked continuously for more than 240 days in a year and petitioner No. 2 had worked for continuously satisfactorily in a cle...
Tag this Judgment!Smt. Jayanti Bai Vs. Gore Lal
Court: Madhya Pradesh
Decided on: Mar-16-2000
Reported in: II(2000)DMC362
V.K. Agrawal, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955 is directed against the judgment and decree dated 24.12.1998 passed in Civil Suit No. 6-A/98 by Addl. District Judge, Sagar whereby the application of the respondent-husband under Section 12(1)(b) of the Hindu Marriage Act, 1955 (for short hereinafter referred to as 'the Act') has been allowed and marriage of the parties has been annulled.2. Undisputedly, the parties were married on 24.3.1998 at village Majiya Patna, Tehsil Deori, District Sagar. The respondent/petitioner filed an application under Section 12(1)(b) and Section 12(2) of the Act for annulment of the marriage on the ground that the appellant suffered from insanity before the marriage. The learned Trial Court, however, did not frame any issue as to whether at the time of marriage the present appellant/wife had been subjected to recurrent attacks of insanity and epilepsy. An issue was framed as to whether the above fact of insanity was suppresse...
Tag this Judgment!Bajranglal Vs. Umesh Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-15-2000
Reported in: AIR2000MP326; 2000(3)MPHT403
Dipak Misra, J.1. Challenge Is to the order dated 31-10-1994 passed by the learned 1st Additional District Judge, Bilaspur rejecting the application preferred under Order 32 Rule 12 of the Code of Civil Procedure (in short 'the Code') by the defendant No. 1.2. The facts as have been uncurtained are that the non-applicant No. 1 as plaintiff filed a civil suit No. 9-A/86 in the Court of First Additional District Judge, Bilaspur being represented by his maternal uncle, Harishankar Joshi. The suit was for declaration of right, title interest and permanent injunction. After the plaintiff became major the defendant No. 1 filed an application under Order 32 Rule 12 of 'the Code' requiring the plaintiff to make an election either to proceed with the suit or abandon the same. The said application was resisted by the guardian and the learned trial Judge rejected the application on the ground that it was open to the plaintiff to make a choice.3. Mr. Sanjay Agrawal, learned counsel for the petitio...
Tag this Judgment!Bablu @ Ramadhar Vs. Munni Bai
Court: Madhya Pradesh
Decided on: Mar-15-2000
Reported in: II(2000)DMC290
V.K. Agarwal, J.1. This appeal is directed against the order dated 4.3.1997 in Guardians and Wards Case No. 3/95 by I Addl. District Judge, Shahdol, whereby the petitioner/appellant's application under Section 10 of the Guardians and Wards Act, 1890, has been dismissed.2. Undisputably, the petitioner/appellant is the father of minor girls Meena and Bhama. The respondent lived with the appellant as his wife and Meena and Bhama were born out of the same wedlock. It is also not in dispute that the parties are living separately and the respondent/wife after leaving the house of the appellant has started residing with her mother for the last about 10 years prior to the filing of the petition. Undisputably, in a proceeding under Section 125 of Criminal Procedure Code, the petitioner/appellant has been directed to pay maintenance @ Rs. 200/- per month for his minor daughters who are presently in custody of his wife-the respondent, prior to the filing of the petition.3. The petitioner/appellan...
Tag this Judgment!Prem Kumar Vs. Kanhyalal Tanya Hiralal Alias Hariram and anr.
Court: Madhya Pradesh
Decided on: Mar-15-2000
Reported in: 2000(2)MPHT171; 2000(2)MPLJ470
S.P. Srivastava, J.1. Heard the learned counsel for the tenant-appellant.2. Perused the record.3. Both the Courts below have recorded concurrent findings holding the need of the landlords in respect of the accommodation in dispute to be bona fide, genuine and pressing. It has further been concurrently found that the landlords have no other suitable alternative accommodation for satisfying their need. The ground envisaged under Section 12 (1) (e) of the Madhya Pradesh Accommodation Control Act, 1961, has been found to have been established.4. The learned counsel for the appellant has tried to assail the findings returned by the two Courts below in favour of the landlords. These findings are based on an appraisal of evidence on the record.5. Taking into consideration the extent of the accommodation, the number of family members of the plaintiffs, their ages, their status and also the nature of the accommodation which was disclosed to be the alternative accommodation, its extent, situatio...
Tag this Judgment!Memdiwala Oil Industries Vs. Additional Commissioner of Sales Tax and ...
Court: Madhya Pradesh
Decided on: Mar-14-2000
Reported in: [2001]121STC99(MP)
ORDERN.K. Jain, J. 1. By this petition under Article 226/227 of the Constitution of India, the petitioner-assessee seeks to impugn : (i) the proceedings of reassessment initiated under Section 19(1) of the M.P. General Sales Tax Act, 1958 (for short, 'the Act'), for the second time by issuing notice (annexure C) ; (ii) the order of reassessment dated October 17, 1984, passed by respondent No. 2--the Assistant Commissioner of Sales Tax, Indore ; and, (iii) the order dated June 15, 1992 (annexure E), passed in revision by respondent No. 1--the Additional Commissioner of Sales Tax, M.P., Indore.2. The petitioner, a partnership firm, was originally assessed to sales tax for the period November 4, 1975 to October 22, 1976 by the Additional Commissioner of Sales Tax, Indore, vide order dated September 30, 1977 (annexure A). The assessing authority reassessed the petitioner under Section 19(1) of the Act vide order dated August 27, 1982 (annexure B), according to which, tax assessed on a turn...
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