Madhya Pradesh Court March 2000 Judgments
Pashu Chikitsa Vibhagiya Sahkari Nirman Samiti Maryadit and anr. Vs. S ...
Court: Madhya Pradesh
Decided on: Mar-14-2000
Reported in: 2000(2)MPHT149; 2000(3)MPLJ244
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated 14-8-1995 passed by the IInd Additional District Judge, Bhopal, in Civil Suit No. 32-A/1987.2. Short facts of the case are that the Land Acquisition Officer/Collector, Bhopal, restored to the land acquisition proceeding by Notification under Section 4 of the Land Acquisition Act, 1894, with respect to certain Khasra numbers comprising of survey No. 39 area 140.52 acres of land of village Semra kalan, survey No. 72 area 502.96 acres of village Koluwa kalan and survey No. 72 area 85.61 acres of village Narela Shankari.The Notification under Section 4 of the Land Acquisition Act, 1894 (for brevity 'Act') was followed by another Notification under Section 6 of the Act. Under acquisition proceeding, it may be pointed out that the acquisition are contained in Notification dated November 13,1962. After going through the requirement envisaged by the Act, the Collector pronounced the award dated November 20, 1965, in Cas...
Tag this Judgment!Piyare Lal and ors. Vs. Sheikh Mehmood and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2000
Reported in: 2001ACJ1486
A.M. Sapre, J.1. This appeal is by the claimants against an order rejecting their application made under Section 140 of the Motor Vehicles Act for grant of compensation on the principle of no fault liability during pendency of their main claim petition. The impugned order is dated 18.8.99, passed by XIV M.A.C.T., Indore, in Claim Case No. 61 of 1998. Facts lie in a narrow compass.2. One Shyama Bai died on 22.6.1998 in an accident. The appellants are the legal representatives of late Shyama Bai. These appellants then filed a claim petition against the respondents claiming compensation under various heads as recognised under the Motor Vehicles Act. The appellants also applied under Section 140 of Motor Vehicles Act claiming interim compensation on the principle of no fault liability from the respondents. Both, main claim petition as also the interim claim application were founded on the allegations that the offending vehicle in question bearing No. MP 12-B 1147 was owned by the responden...
Tag this Judgment!Smt. Bimla Bai Vs. Baijnath Singh Chandel
Court: Madhya Pradesh
Decided on: Mar-14-2000
Reported in: 2001(1)MPHT425; 2000(3)MPLJ180
ORDERS.C. Pandey, J. 1. This revision under Section 23-E of the M.P. Accommodation Control Act, 1961 (henceforth 'the Act') is directed against the order dated 31-12-1997 passed by the Rent Controlling Authority in Eviction Case No. 8-A/90 (7)196-97. The disposal of this revision shall govern the disposal of Civil Revision No. 1434/99, Civil Revision No. 1802/99 and Civil Revision No.1804/99, as similar questions of facts and law are involved in each of these revisions.2. The applicant filed Eviction Case No. 8-A/90 (7)/96-97 against the non-applicant on the ground that the suit house was required by her for her sons Manoj Kumar Jain, Padam Kumar Jain, daughters Kumari Rashmi, Manisha and Smt. Manju and her husband. In the application, the applicant had stated that she had purchased the suit house by a registered sale-deed dated 14-6-1985 along with her late husband from late Hazi Gulam Ahmad. The non-applicant in the present revision and the non-applicant in the connected revisions we...
Tag this Judgment!Smt. Geeta Devi Napit Vs. Smt. Krishna Gupta and Two ors.
Court: Madhya Pradesh
Decided on: Mar-13-2000
Reported in: 2001(5)MPHT221; 2001(2)MPLJ219
ORDERS.C. Pandey, J.1. This is plaintiff's appeal under Order 43 Rule 1 (a) of the Code of Civil Procedure against the order dated 27-11-1997 passed by First Additional District Judge, Ambikapur (Surguja) whereby the Court below has returned the plaint to the appellant for its presentation to the Court having competent territorial jurisdiction.2. The appellant filed a suit against the respondents in the Court of District Judge, Surguja, for specific performance of contract in respect of property situate at Bhopal. The appellant, inter alia, pleaded that her husband was working as Sub Engineer in the Department of Tribal and Social Welfare, Surguja. The respondent No. 2 was also posted as Sub Divisional Officer (Construction) in the same Department. The husband of the appellant was working under him. The appellant No. 2 wanted economic assistance from the husband of the appellant for the education of the respondent, No. 3. Looking of the family terms, the appellant agreed to advance a l...
Tag this Judgment!Ram Kumar Goutam Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-10-2000
Reported in: 2000(2)MPHT87
S.P. Khare, J.1. Appellant Ram Kumar Goutam has been convicted under Section 307 I.P.C. and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1,000/-.2. It is submitted on behalf of the appellant that on the basis of the evidence adduced by the prosecution the offence under Section 324 I.P.C., alone is made out. It is further submitted that complainant Krishnakumar Turkar (PW-8) and the accused had submitted an application under Section 320 Cr.P.C., before the trial Court for permission to compound the offence. It is further pointed out that Krishnakumar Turkar (PW-8) in his deposition in para 4 has stated that he has entered into compromise with the accused subject to the approval of the Court and therefore, the act of the accused should be condoned.3. The evidence on record has been examined in light of the submissions made on behalf of the appellant. Krishna Kumar Turkar (PW-8) has deposed that he was Field Officer in the State Bank of India and accused Ram Kumar...
Tag this Judgment!Ram Kumar Goutam Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-10-2000
Reported in: 2001CriLJ1604
ORDERS.P. Khare, J.1. Appellant Raj Kumar Goutam has been convicted under Section 307, I.P.C. and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1,000/-.2. It is submitted on behalf of the appellant that on the basis of the evidence adduced by the prosecution the offence under Section 324, I.P.C. alone is made out. It is further submitted that complainant Krishnakumar Turkar (PW-8) and the accused had submitted an application under Section 320, Cr. P.C. before the trial Court for permission to compound the offence. It is further pointed out that Krishnakumar Turkar (PW-8) in his deposition in para 4 has stated that he has entered into compromise with the accused subject to the approval of the Court and therefore, the act of the accused should be condoned.3. The evidence on record has been examined in light of the submissions made on behalf of the appellant. Krishna Kumar Turkar (PW-8) has deposed that he was Field Officer in the State Bank of India and accused Ra...
Tag this Judgment!Sardar Bhupendra Singh Vs. Smt. Jasbir Kour
Court: Madhya Pradesh
Decided on: Mar-09-2000
Reported in: AIR2000MP330
ORDERA.K. Mishra, J.1. This revision petition has been filed by the petitioner against the order dated 21-9-1998 passed In Civil Suit No, 50-A/97 by District Judge, East Niwar, Khandwa.2. The respondent was married with the petitioner on 18-9-85 and three issues were born out of the wedlock i.e. two sons - Manpreet Singh and Tajinder Singh and one daughter namely Ku. Tanvi. Sardar Bhupendra Singh had filed a petition for divorce under Seciton 13 of the Hindu Marriage Act on the ground that respondent-wife was Involved in the conspiracy to commit the murder of the father of the petitioner. Petitioner was also allegedly insulted by the respondent levelling a charge against him of being incapable to satisfy her sexual desire. The respondent-wife however denied the allegations and made counter-allegations against the petitioner-husband that she was forced by him to live in her parental house.3. An application under Section 26 of the Hindu Marriage Act for a direction regarding the custody ...
Tag this Judgment!Bhagwandas Tiwari and ors. Vs. Ratni Bai and ors.
Court: Madhya Pradesh
Decided on: Mar-09-2000
Reported in: 2000(2)MPHT345
ORDERBhawani Singh, C.J.1. We propose to dispose of both the Appeals (M.A. No. 1038/97, Bhagwandas Tiwari and 4 Ors. v. Ratnibai and Ors.; and M.A. No. 1090/97, Ratnibai and Ors. v. Bhagwandas Tiwari and Ors.), by this common Order, since they arise out of the same accident and award dated 16-5-1997 passed by the Motor Accidents Claims Tribunal, Begumganj, District Raisen, in Claim Case No. 3/89.2. It may be noted that former appeal is at the instance of the owners and driver of the vehicle in question for setting aside the award and exonerating them from the liability for payment of compensation while the later appeal is filed by the legal heirs of the deceased Chandra Kumar for enhancement of the award.3. The brief facts are that on 5-6-1989 Chandra Kumar (deceased) was going from Sultanganj to Begumganj on motor-cycle No. M.K.D. 3300. A bus No. C.P.Q. 9207 dashed against the motor-cycle, as a result of which Chandra Kumar died spontaneously on the spot. The motor-cycle was also badl...
Tag this Judgment!Bhagwan Das Tiwari and ors. Vs. Ratni Bai and ors.
Court: Madhya Pradesh
Decided on: Mar-09-2000
Reported in: 2001ACJ289
Bhawani Singh, C.J.1. We propose to dispose of both the appeals (M.A. No. 1038 of 1997--Bhagwan Das Tiwari v. Ratni Bai and M.A. No. 1090 of 1997--Ratni Bai v. Bhagwan Das Tiwari) by this common order, since they arise out of the same accident and award dated 16.5.1997 passed by the Motor Accidents Claims Tribunal, Begumganj, District Raisen, in Claim Case No. 3 of 1989.2. It may be noted that former appeal is at the instance of the owners and driver of the vehicle in question for setting aside the award and exonerating them from the liability for the payment of compensation while the latter appeal is filed by the legal heirs of the deceased Chandra Kumar for enhancement of the award.3. The brief facts are that on 5.6.1989 Chandra Kumar (the deceased) was going from Sultanganj to Begumganj on motor cycle No. MKD 3300. A bus No. CPQ 9207 dashed against the motor cycle, as a result of which Chandra Kumar died spontaneously on the spot. The motor cycle was also badly damaged. Consequently...
Tag this Judgment!Chandra Prakash Ladkani Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Mar-08-2000
Reported in: 2000(2)MPHT39
ORDERMaithli Sharan, J.1. Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner-husband Chandra Prakash Lad-kani has filed this petition against his wife, complainant (respondent No. 2) Smt. Vimla Devi Ladkani, praying for quashing proceedings as well as the charge framed against him, in Criminal Case No. 756/96 pending in the Court of Additional Chief Judicial Magistrate, Gwalior.2. The brief facts leading to this petition may be summarised thus: The respondent No. 2, Smt. Vimla Devi, made a written complaint to the Superintendent of Police, Gwalior, and Station House Officer, Mahila Thana, Padav, Lashkar, Gwalior, on 26-4-1991 regarding subjecting her to cruelty by her husband, the petitioner Chandra Prakash Ladkani. On the basis of such a written complaint Mahila Thana, Padav, registered a case at Crime No. 22/91 under Section 498A and 406 of the Indian Penal Code against the petitioner. The period of incidents of cruelt...
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