Madhya Pradesh Court April 2000 Judgments
Dr. Avnish Pawar Vs. Dr. Sunita Pawar
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: II(2000)DMC283; 2000(2)MPLJ628
ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the husband/ petitioner has called in question the defensibility of the order dated 6.9.1999 whereby the 4th Additional District Judge, Jabalpur in Civil Suit No. 251-A/98 has directed grant of maintenance in favour of a major son.2. The facts as have been undraped are that the petitioner filed an application under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking divorce from his wife on many a ground including cruelty. The efforts of reconciliation by the Trial Court became an exercise in futility. Undisputedly the marriage between the two was solemnised in the year 1979 and in the wedlock a son was born in the said year and he was named Prashant. It is the admitted position that said Prashant stays with his mother, the non-applicant herein.3. The non-applicant filed an application...
Tag this Judgment!Branch Manager, Oriental Insurance Co. Ltd. Vs. Smt. Nafeesa Begum and ...
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: 2000(4)MPHT173
ORDERA.K. Mishra, J.1. The insurer has filed the present appeal aggrieved by award, dated April 21, 1999, passed by Motor Accidents Claims Tribunal (I), Tikamgarh thereby awarding a sum of Rs. 3,64,515/- on account of death of the deceased Abdul Jahur allowing the interest at the rate of 12 per cent per annum from the date of submitting the claim petition till realisation.2. Abdul Jahur was working as a peon in the department of Central Railway at Jhansi. His salary was according to claimants, Rs. 2000/- per month. On May 23, 1993, he was travelling on a moped No. UP 93-A/5014 as a pillion rider. Said moped was insured with Oriental Insurance Company, the present appellant. Moped was being driven by Prem Narayan. The claimants submitted that moped met with ah accident with truck No. MPW-1986 due to which Abdul Jahur was seriously injured, taken to the Medical College Hospital, Jhansi, died after seven days on May 30, 1993. Police report was also lodged. Total sum of Rs. 5,50,000/- was ...
Tag this Judgment!Sheikh Ibrahim Vs. Smt. Shameem Begum
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: 2000(4)MPHT365
ORDERDipak Misra, J.1. The non-applicant as plaintiff filed Civil Suit No. 42-A/96 in the Court of First Civil Judge, Class-II, Jabalpur for ejectment of the present applicant. The said Civil suit was decreed ex-parte. Thereafter, the judgment-debtor, the petitioner herein, filed an application under Order 9 Rule 13 of the Code of Civil Procedure (in short the CPC) for setting aside the ex-parte judgment and decree which formed the subject-matter of MJC No. 2/99. The Court below rejected the said application as there was absence of sufficient cause. Feeling aggrieved the present petitioner filed Misc. Civil Appeal No. 22/99 which met with similar fate. Hence, this revision.2. I would have addressed myself to the merits of the civil revision but Mr. Gupta, learned counsel for the decree-holder/non-applicant pointed out that against the judgment and decree passed by the First Civil Judge, Class-II, Jabalpur a regular appeal has been filed under Section 96(2) of the Code forming the subje...
Tag this Judgment!Lala @ Ahmed Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: 2000CriLJ4212; 2000(4)MPHT86; 2000(2)MPLJ605
ORDERShambhoo Singh, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpous for his release.2. The facts of the case, in brief, are that on 6-9-99 District Magistrate Badwani, being subjectively satisfied on the material produced by Superintendent of Police, Badwani, that it was necessary to put the petitioner in detention to prevent him from acting in a manner prejudicial to the maintenance of public order and disturbing communal harmony, passed detention order Ex. P-1, under Section 3(2) of the National Security Act, 1980 (hereinafter referred as 'the Act'). The petitioner was arrested on 12-9-99 and was put in detention on 13-9-99 in Badwani jail. On 16-9-99 the State Govt. approved the order of detention (R-5). On 23-9-99 the detention order was sent for consideration of Advisory Board under Section 10 of the Act. The Advisory Board opined on 5-10-99 that there was sufficient cause for detention of the pet...
Tag this Judgment!New India Assurance Company Limited Vs. Kiran JaIn and ors.
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: 2000(4)MPHT238; 2000(2)MPLJ560
ORDERA.K. Mishra, J.1. The insurer has filed the present appeal aggrieved by award, dated November 17, 1999, passed by Motor Accidents Claims Tribunal (XII), Jabalpur with respect to death of one Subhash Chand Jain, in Claim Case No. 430/94. A sum of Rs. 1,66,000/- has been awarded alongwith the interest at the rate of 12% per annum by the Tribunal. The interest was confined to two years' period prior to the date of award.2. On October 18, 1987, truck bearing No. MBK-7343, which was being driven by owner respondent No. 3, Komal Chand Jain, fell down in river from Tilwara Ghat bridge after hitting the deceased. Consequently, Subhash Chand Jain died in the accident and FIR was lodged at Police Station. As Subhash Chand died, claim petition was filed by the claimants claiming a sum of Rs. 11,65,000/-. Deceased was aged 24 years. He was earning Rs. 2000/- per month and was spending a sum of Rs. 1500/- in the family. Widow and minor daughter had filed the petition. The owner did not file an...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Kiran JaIn and ors.
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: 2001ACJ730
A.K. Mishra, J. 1. The insurer has filed the present appeal aggrieved by award, dated 17.11.1999, passed by Motor Accidents Claims Tribunal (XII), Jabalpur with respect to death of one Subhash Chand Jain, in Claim Case No. 430 of 1994. A sum of Rs. 1,66,000 has been awarded along with the interest at the rate of 12 per cent per annum by the Tribunal. The interest was confined to two years' period prior to the date of award.2. On 18.10.1987, truck bearing No. MBK 7343, which was being driven by owner respondent No. 3, Komal Chand Jain, fell down in river from Tilwara Ghat bridge after hitting the deceased. Consequently, Subhash Chand Jain died in the accident and F.I.R. was lodged at police station. As Subhash Chand died, claim petition was filed by the claimants claiming a sum of Rs. 11,65,000. Deceased was aged 24 years. He was earning Rs. 2,000 per month and was spending a sum of Rs. 1,500 on the family. Widow and minor daughter had filed the petition. The owner did not file any writ...
Tag this Judgment!Branch Manager, Oriental Insurance Co. Ltd. Vs. Nafessa Begum and ors.
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: 2002ACJ67
A.K. Mishra, J.1. The insurer has filed the present appeal aggrieved by award, dated 21.4.1999, passed by Motor Accidents Claims Tribunal (1), Tikamgarh, thereby awarding a sum of Rs. 3,64,515 on account of death of the deceased Abdul Jahur allowing the interest at the rate of 12 per cent per annum from the date of submitting the claim petition till realisation.2. Abdul Jahur was working as a peon in the Department of Central Railway at Jhansi. His salary was according to claimants, Rs. 2,000 per month. On 23.5.1993, he was travelling on a moped No. UP 93-A 5014 as a pillion rider. Said moped was insured with Oriental Insurance Co. Ltd., the present appellant. Moped was being driven by Prem Narayan. The claimants submitted that moped met with an accident with truck No. MPW 1986 due to which Abdul Jahur was seriously injured, taken to the Medical College Hospital, Jhansi, died after seven days on 30.5.1993. Police report was also lodged. A total sum of Rs. 5,50,000 was claimed with inte...
Tag this Judgment!Param Lal Burman Vs. Ravi Kumar Sharma
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: AIR2000MP299; 2000(3)MPHT303; 2000(3)MPLJ104
ORDERDipak Misra, J.1. In this Civil Revision preferred under Section 115 of the Code of Civil Procedure, the defendant-petitioner has called in question the legal validity of the order dt. 31-3-99 passed by IIIrd Civil Judge, Class-II, Jabalpur in C.S. No. 115-A/98 whereby he has refused to exercise hisjuris-diction under Section 151 of the Code oi Civil Procedure (hereinafter referred to as 'the Code') for directing the landlord to reconnect the electricity supply to the tenanted premises.2. The non-applicant as plaintiff instituted the aforesaid suit for ejectment of the applicant-non-member of grounds enumerated under Section 12 of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'). The defendant-tenant filed his written statement contending, inter alia, that he is in occupation of the suit premises for past 35 to 40years and he is not in arrears of rent and the plaintiff has plenty of accommodation to live but has filed the suit in a mala fide manner t...
Tag this Judgment!Suryakant Chandrakar Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2000
Reported in: AIR2000MP260
ORDERC.K. Prasad, J. 1. Suryakant Chandrakar (petitioner in W.P. No. 3715/1998), Mukund Marotirao Khanti (petitioner in W.P. No. 2704/98) as also Smt. Gyani Lunia, (respondent No. 3 in both the writ petitions), Manju Kiran Kalia (respondent No. 4 in W.P. No. 3715/98 and respondent No. 5 in W.P. No. 2704/98), Gopinath Sao (respondent No. 5 in W.P. No. 3715/98 and respondent No. 4 in W.P. 2704/98), hereinafter referred to as the 'appointees', besides 9 other persons were candidates for appointment as Notaries in Mahasamund Tahsil of the District of Raipur. Petitioners being aggrieved by their non-appointments and appointments of respondents No. 3 to 5 aforesaid, have filed the present writ petitions and pray for issuance of an appropriate writ, order or direction commanding respondents No. 1 & 2 to appoint them as notaries for Mahasamund Tahsil for a period of 5 years with effect from 30th of July 1998 and to quash the appointments of respondents No. 3 to 5 as Notaries.2. Briefly stated ...
Tag this Judgment!Mukund Marotirao Khanti and Etc. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2000
Reported in: AIR2001MP30
ORDERC.K. Prasad, J. 1. Suryakant Chandrakar (petitioner in W.P. No. 3715/1998), Mukund Marotirao Khanti (petitioner in W.P. No. 2704/98) as also Smt. Gyani Lunia, (respondent No. 3 in both the writ petitions), Manju Kiran Kalia (respondent No. 4 in W.P. No. 3715/98 and respondent No. 5 in W.P. No. 2704/98), Gopinath Sao (respondent No. 5 in W.P. No. 3715/98 and respondent No. 4 in W.P. 2704/98), hereinafter referred to as the 'appointees', besides 9 other per- sons were candidates for appointment as notaries in Mahasamund Tahsil of the District of Raipur. Petitioners being aggrieved by their non-appointments and appointments of respondents No. 3 to 5 aforesaid, have filed the present writ petitions and pray for issuance of an appropriate writ, order or direction commanding respondents No. 1 & 2 to appoint them as notaries for Mahasamund Tahsil for a period of 5 years with effect from 30th of July 1998 and to quash the appointments of respondents No.3 to 5 as notaries. 2. Briefly state...
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