Madhya Pradesh Court April 2000 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
New India Assurance Co. Ltd. Vs. Meghnath and Another
Court: Madhya Pradesh
Decided on: Apr-08-2000
Reported in: 2001ACJ627; AIR2001MP36; 2001(2)MPHT258; 2000(3)MPLJ246
ORDERA.K. Mishra, J.1. This order shall also govern the disposal of Civil Revision No. 3037/99 (Oriental Insurance Co. Ltd. v. Smt. Rajmani).2. Common question has arisen in the present two revisions as to the maintainability of the revisions on account of specific ban created by Section 173 of the Motor Vehicles Act, 1988. Section 173 provides that no appeal shall lie against an award below the sum of Rs. 10,000/-. In such event, when no appeal has been provided the question for decision is whether revision lies under Section 115, CPC.3. Both the aforesaid revisions were taken up for hearing on 21-1-2000. Shri A.S. Jha and Shri H.S. Ruprah assisted the Court as amicus curiae and they also addressed the Court. In both the revisions, the insurer is the petitioner. In C.R. No. 1600/99, New India Assurance Company Limited is the petitioner whereas C.R. No. 3037 of 1999 has been field by Oriental Insurance Company Ltd.4. The learned counsel appearing in both the cases have submitted that a...
Amrendra Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-08-2000
Reported in: II(2000)DMC451
S.P. Khare, J.1. Appellants Amrendra Singh, his father Rajendra Singh and his mother Kaushalya Devi have been convicted under Section 498A, IPC and sentenced to rigorous imprisonment for three years and to a fine of Rs. 5,000/- each. They have been acquitted of the charge under Section 306, IPC.2. Deceased Kusum obtained the degree of Bachelor of Engineering and was married to accused Amrendra Singh on 16.6.1985 who is also an Engineer. She sustained severe burn injuries in early morning of 12.1.1986 in her matrimonial home and breathed her last in the hospital on 21.1.1986. Thus she died within eight months of her marriage. R.B. Singh (PW 1) is the father and Rajeshwari (PW 4) is mother of the deceased. Sushil Kumar (PW 7) is her brother. The father of the deceased and the father of her husband are employed in Bharat Heavy Electricals, Bhopal and are living in the houses in the close vicinity of this factory. The house of the parents of the deceased is about two kilometres from the ho...
Shrikant Ramsajiwan Tripathi Vs. Saroj
Court: Madhya Pradesh
Decided on: Apr-08-2000
Reported in: II(2001)DMC295; 2000(3)MPLJ404
V.K. Agarwal, J.1. This appeal under Section 28 of the Hindu-Marriage Act, 1955 (hereinafter referred to as the 'Act' for short) has been preferred against the judgment and decree dated 12.5.1998 in Civil Suit No. 2-A/1997 by District Judge, Panna whereby the petition under Section 13 of the 'Act' by the appellant seeking divorce against the respondent/wife has been dismissed.2. Undisputably parties were married in January, 1990 at village Kanti, Tahsil Gunnore, District Panna. Gauna ceremony took place in November, 1992 whereafter, the respondent/wife lived in the matrimonial home for some time. She thereafter visited her parents' home twice till April, 1994. In April, 1994, she went along with her father to her parents' home. She did not reside with the appellant/petitioner after April, 1994. It is also not in dispute that the petitioner/appellant served two notices to the respondent/wife asking her to return back to the matrimonial home, which were duly replied to by the respondent/...
Sukhuram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-08-2000
Reported in: 2000(4)MPHT363
A.K. Mishra, J.1. The appellant has filed the present appeal assailing his conviction under Section 3/7 of the Essential Commodities Act on having been found guilty of violation of Clause 6 (4) of the M.P. (Food) Public Distribution Scheme, 1981. The appellant was sentenced to undergo six months' imprisonment and fine of Rs. 1000/-, in lieu of which it is ordered to undergo further R.I. for four months.2. Prosecution case in brief is that the appellant was possession a licence of fair price shop and while holding the said licence he violated Clause 6 (4) of the M.P. (Food) Public Distribution Scheme, 1981. Allegation against the appellant was that quantity of grain and sugar issued to the appellant was higher and on verification the same was found to be lesser in quantity. Thus, prosecution alleges that the appellant was guilty of selling it in an illegal manner.3. The trial Court found that the appellant had violated M.P. (Food Stuffs) Public Distribution Scheme, 1981. Under Clause 6 ...
Municipal Corporation Vs. Narsingh Das
Court: Madhya Pradesh
Decided on: Apr-08-2000
Reported in: 2000CriLJ4906; 2000(3)MPLJ336
A.K. Mishra, J.1. Municipal Corporation, Khandwa, has preferred the present appeal against the judgment acquitting the accused-respondent. Leave to appeal was granted by this Court on 20-7-1999, hence this appeal has come up for decision.2. Prosecution case in brief is that on 18-2-1981 Shri Dashrath Singh Tomar (P. W. 1) who was posted at the relevant time as Health Inspector, Municipal Corporation, Khandwa, visited Narendra Industries. He had been conferred with the powers of Food Inspector by the State Government. After visiting the said Industry said Health Officer gave a notice under Form 6 of Food Adulteration Act, 1954 (hereinafter referred to as Act for convenience) and took the sample of Refined Rape Seed Oil. Food Inspector was authorised to file the complaint and collect the samples. After giving notice food ,Inspector purchased 3.75 grams of oil from tank No. 5 which was stored in the Oil Mill vide receipt (Ex. P-6). Oil purchased by him was divided into three parts and aft...
Devilal Vs. Kantabai
Court: Madhya Pradesh
Decided on: Apr-07-2000
Reported in: II(2000)DMC238
ORDERA.M. Sapre, J.1. Heard on LA. No. 1171/2000.2. This is an application made by appellant under Section 5 of Limitation Act seeking condonation of delay in filing appeal.3. Appellant is defendant in a suit filed by the respondent. The suit was for claiming maintenance by the wife against husband (appellant herein). This was decreed by the impugned judgment and decree. The learned Trial Court fixed a monthly sum of Rs. 400/- to be paid to plaintiff by the appellant. It is against this judgment and decree that the appellant has felt aggrieved and filed this appeal.4. According to appellant the appeal is delayed by 61 days. The ground for condonation of delay as mentioned in the application is that the judgment was delivered on 30.10.1999 whereas the decree was drawn on 2.11.1999. This according to appellant has caused confusion leading in delay. The other ground is of his ailment.5. Having heard the learned Counsel for the appellant and examined the record of the case, I find that bot...
Ram Sanehi Singh Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-07-2000
Reported in: II(2000)DMC394
ORDERMaithli Sharan, J. 1. This criminal revision petition under Sections 397/401, Cr. P.C. arises out of the judgment of conviction and sentence passed by the Judicial Magistrate, First Class, Ambah, District-Morena, dated 24.3.1995 in Cr. Case No. 1183/86, convicting the appellant/petitioner for the offence under Section 494, I.P.C. and sentencing him to two years rigorous imprisonment and a fine of Rs. 1,000/- and the judgment dated 10.2.1998 passed by the learned Third Addl. Session Judge, Morena, in Cr. Appeal No. 28/95, confirming the order of conviction and sentence of the Trial Court.2. Briefly stated the facts giving rise to this revision petition may be summarised thus : The respondent No. 2 - Smt. Pushpa Devi, alleging herself to be the wife of the petitioner Ram Sanehi, filed a complaint in the Trial Court that she was the legally married wife of the petitioner, who used to beat her off and on and used to demand dowry from her parents. It was further alleged that the petiti...
Ram Sanehi Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-07-2000
Reported in: 2000CriLJ3252; 2000(2)MPHT266
ORDERMaithli Sharan, J.1. This criminal revision petition under Section 397/401, Cr.P.C. arises out of the judgment of conviction and sentence passed by the Judicial Magistrate, First Class, Ambah, District-Morena, dated 24-3-1995 in Cr. Case No. 1183/86, convicting the appellant/petitioner for the offence under Section 494, I.P.C. and sentencing him to two years rigorous imprisonment and a fine of Rs. 1,000/-and the judgment dated 10-2-98 passed by the learned Third Addl. Sessions Judge, Morena, in Cr. Appeal No. 28/95, confirming the order of conviction and sentence of the trial Court.2. Briefly stated the facts giving rise to this revision petition may be summarised thus : The respondent No. 2-Smt. Pushpa Devi, alleging herself to be the wife of the petitioner Ram Sanehi, filed a complaint in the trial Court that she was the legally married wife of the petitioner, who used to beat her often and on and used to demand dowry from her parents. It was further alleged that the petitioner ...
Mani Vs. Sub-divisional Forest Officer-cum-authorised Officer and anr.
Court: Madhya Pradesh
Decided on: Apr-07-2000
Reported in: 2000(4)MPHT105
ORDERJ.G. Chitre, J.1. Heard Shri Saraf at length. Perused the order which is being assailed by this L.F.A. Shri Saraf pointed out that learned Single Judge has not property considered the provisions of Section 15(6) of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (in short called 'Adhiniyam' for convenience). He further submitted that the learned Single Judge has drawn conclusion that husband of appellant Smt. Mani Jain was present in the said truck bearing No. MP-09-D-6091 when that was apprehended by Shri Pavan Joshi and other Forest employees. Shri Saraf submitted that as the learned Single Judge did not properly considered the Writ Petition, the appellant has been constrained to file this appeal. He prayed that the said order be set-aside by admitting this LPA for final hearing.3. Shri Kemkar pointed out that the learned Single Judge has considered all necessary facets of the matter and there is absolutely no error whatsoever in the judgment and order which is being assail...
Smt. Archana Kumar and anr. Vs. Purendu Prakash Mukherjee and anr.
Court: Madhya Pradesh
Decided on: Apr-06-2000
Reported in: AIR2000MP279; 2000(3)MPHT35; 2000(2)MPLJ32
Dipak Misra, J.1. Expressing doubt about the correctness of the decision rendered in the case of Sumera v. Madanlal, AIR 1989 Madh Pra 224 pertaining to the issue that after the dismissal of an application under Order 9, Rule 13 of the Code of Civil Procedure (in short 'the Code') to set aside an ex parte Judgment and decree whether an appeal could lie under Section 96(2) of the Code, assailing the pregnability of the judgment and decree on merits, a Division Bench of this Court thought it apposite that view taken in the case of Sumera (supra) required reconsideration and accordingly sought a reference to a larger Bench. That is how the matter is before us.2. The facts as have been uncurtained are that the plaintiffs/respendents filed a suit for partition of certain properties situated at Napier Town, Jabalpur. The other prayers in the suit included grant of mesne profit and delivery of physical possession. Various grounds were averred for claiming these reliefs. In the suit one Smt. S...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- Next ›
- Last »