Madhya Pradesh Court May 2000 Judgments
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Harprasad and ors. Vs. Sohansingh @ Saheblal and anr.
Court: Madhya Pradesh
Decided on: May-09-2000
Reported in: 2000(3)MPHT75; 2000(2)MPLJ429
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the First Additional Motor Accidents Claims Tribunal, Shivpuri (for short, the Tribunal') in Claim Case No. 109/1987, dated 25-1-1992.2. Briefly stated, Dashrath (30) died on 7-2-1986. Allegation is that the accident took place due to the rash and negligent driving of the tractor No. MBH 9363 by Sohansingh when the deceased was run over by the vehicle. Matter was reported to the Police by Sanjay Singh. This accident took place near Rajapur Stone Quarry when the deceased was coming home after filling the trolley with stones. The deceased was earning Rs. 20/- per day. The vehicle was owned by Sohan Singh, who gave Rs. 7,000/- to the claimants apart from some grain. It is stated that after this payment no further claim is sustainable, apart from the fact that the vehicle was being driven at low speed and the deceased died while attempting to get into the vehicle. The Tribunal examined the matter and found that the dec...
Shakur Khan and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-09-2000
Reported in: 2000(3)MPHT476; 2000(2)MPLJ79
Shambhoo Singh, J.1. This appeal is directed by the accused persons against the judgment & Order dated 4-4-94 passed by IIIrd A.S.J. Shajapur in S.T. No. 179/93 whereby the appellants were convicted for offence under Section 302/34, IPC and sentenced to life imprisonment and to pay fine of Rs. 1,000/- each, in default of payment of fine, six months R.I. in addition.2. The prosecution case, in brief, was that the appellant Kalloo Bharti @ Kamal Bharti, who was related to the deceased Rameshpuri, was having illicit connection with Sushilabai, wife of the deceased Rameshpuri. He used to make the deceased drink liquor and used to commit sexual intercourse with Sushilabai and used to threaten them. About six months before the date of incident i.e., 28-1-93, on Sushilabai's complaint, Panchayat was held in village Kamalpur wherein the Panchas rebuked the appellant Kalloo and warned him not to go to the house of the deceased and dishonour Sushilabai. He administered beating to Sushilabai and ...
Harprasad and ors. Vs. Sohan Singh Alias Sohan Lal and anr.
Court: Madhya Pradesh
Decided on: May-09-2000
Reported in: 2001ACJ300
Bhawani Singh, C.J.1. This appeal is directed against the award of the First Additional Motor Accidents Claims Tribunal, Shivpuri (for short, 'the Tribunal') in Claim Case No. 109 of 1987, dated 25.1.1992.2. Briefly stated, Dashrath (30) died on 7.2.1986. Allegation is that the accident took place due to the rash and negligent driving of the tractor No. MBH 9363 by Sohan Singh when the deceased was run over by the vehicle. Matter was reported to the police by Sanjay Singh. This accident took place near Rajapur Stone Quarry when the deceased was coming home after filling the trolley with stones. The deceased was earning Rs. 20 per day. The vehicle was owned by Sohan Singh, who gave Rs. 7,000 to the claimants apart from some grain. It is stated that after this payment no further claim is sustainable, apart from the fact that the vehicle was being driven at low speed and the deceased died while attempting to get into the vehicle. The Tribunal examined the matter and found that the decease...
Mahesh Kumar Jagatramka Vs. Suresh Kumar Jagatramka and ors.
Court: Madhya Pradesh
Decided on: May-08-2000
Reported in: AIR2000MP324; 2000(3)MPLJ590
ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (in short `the CPC') the defendant No. 4/petitioner has called in question the legal validity of the order dated 4-5-1999 passed by the learned District Judge, Ralgarh in M.J.C. No. 10/97 by which the consideration of the applications preferred by the applicant under Section 34 of the Arbitration Act read with Section 10 of the CPC and another application filed under Order 7 Rule 11 (d) of the CPC have been deferred for adjudication.2. The facts which require narration for disposal of this Civil Revision are that the non-applicant No. 1 as plaintiff instituted the suit for partition and separate possession. The claim in the said suit is based on the allegation that the suit properties detailed in Annexure 1-A and Annexure 1-B to the plaint are Joint Hindu Family properties and the plaintiff is a member of the said Joint Hindu Family. The plaintiff has sought for de...
Union of India (Uoi) Vs. Bholaram and anr.
Court: Madhya Pradesh
Decided on: May-08-2000
Reported in: 2001ACJ125; AIR2000MP295; 2000(3)MPHT57
Bhawani Singh, C.J.1. This Judgment disposes MiscellaneousAppeal No. 410/ 1999 (Union of India v. Bholaram alias Murarilal and another) and Miscellaneous Appeal No. 433/1999 (Bholaram alias Murarilal v. Dhruvlal and another) arising out of the same award of the Ninth Motor Accidents Claims Tribunal, Gwalior (for short, the Tribunal'), dated 29-1 -1999.2. Briefly, it may be stated that the claimant was going on scooter on 27-1-1997 from Naya Bazar to KatoraTalab. He was hit byjeep No. M. P. 07-A/9026 which was being driven rashly and negligently by driver Dhruvlal. The matter was reported to the Police. Since the petitioner/claimant received serious injuries, he was shifted to J. A. Hospital, Gwalior. His left foot was operated and after some days he came home. Thereafter, he went to Dr. Mahana since he was feeling pain in the foot and then to Dr. Dubey. in Dr. Dubey's Nursing Home his foot was again operated. As a result of this accident, it is submitted that the claimant suffered ment...
Mahesh Kumar Jagatramka Vs. Suresh Kumar Jagatramka and Others
Court: Madhya Pradesh
Decided on: May-08-2000
Reported in: 2001(2)MPHT116
ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (in short 'the CPC') the defendant No. 4/petitioner has called in question the legal validity of the order dated 4-5-1999 passed by the learned District Judge, Raigarh in M.J.C. No. 10/97 by which the consideration of the applications preferred by the applicant under Section 34 of theArbitration Act read with Section 10 of the CPC and another application filed under Order 7 Rule 11 (d) of the CPC have been deferred for adjudication.2. The facts which require narration for disposal of this Civil Revision are that the non-applicant No. 1 as plaintiff instituted the suit for partition and separate possession. The claim in the said suit is based on the allegation that the suit properties detailed in Annexure 1-A and Annexure 1-B to the plaint are Joint Hindu Family properties and the plaintiff is a member of the said Joint Hindu Family. The plaintiff has sought for dec...
Smt. Sandhya Sharma Vs. Shiv Kumar Sharma
Court: Madhya Pradesh
Decided on: May-08-2000
Reported in: I(2001)DMC58
ORDERV.K. Agarwal, J. 1. This petition under Section 24 of the Civil Procedure Code has been filed by the petitioner/ wife for transfer of Civil Suit No. 360-A/98, pending in the Court of III ADJ, Bhopal registered on the application under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'Act' for short) for divorce filed by the respondent / husband.2. Undisputably the parties are married with each other on 8.12.1997 at Bhopal and the petitioner/wife resided with the respondent/husband at Bhopal for sometime. During the above period she visited her parents at Bilaspur.3. The petitioner has urged that she was maltreated and harassed by the respondent /husband and his family members. There was demand of dowry of Rs. 1 lac, and since there was non-fulfilment of the demand as above, the respondent/husband had left her at Bilaspur at her parents' home. The petitioner/wife filed a complaint with the police in the above regard. Since the police did not take action, she filed a...
Nehru Alias Jawahar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-05-2000
Reported in: 2001CriLJ1118
Arun Mishra, J.1. The appellant, having been convicted under Section 376, I.P.C. and sentenced to undergo R.I. for 7 years, fine of Rs. 100/-., in default of payment of fine, further R.I. for 3 months, has preferred present appeal before this Court.2. Briefly stated prosecution case is that prosecutrix Shatrupabai daughter of Chetanbai had come in the morning on June 10th, 1988 at Rajnandgaon along with her mother to sell bundle of fuel wood. When they were sitting at a place with the bundle of fuel wood, accused approached them and settled each bundle for Rs. 10/-. He thereafter asked both (mother and daughter) to leave the bundles at his residence. Both, therefore, picked up the bundles on their head and proceeded with the accused. After some distance, accused asked Sharupabai to sit there and he proceeded along with her mother Mst. Chetanbia. Leaving Chetanbai at some distance he again returned to Shartrupabai, took her in a school building and in a room there he committed forcibles...
Ramkali and anr. Vs. Mahila Shyamwati and ors.
Court: Madhya Pradesh
Decided on: May-04-2000
Reported in: AIR2000MP288; II(2000)DMC522; 2000(3)MPHT514; 2000(3)MPLJ361
S.P. Srivastava, J.1. Heard the learned counsel for the appellants as well as the learned counsel representing the contesting respondents.2. Perused the record.3. The appellants feel aggrieved by the order passed by the Additional District Judge, Bhind in the proceedings under Section 372 of the Indian Succession Act. whereunder rejecting their objections, the application filed by Shyamwati Asharam and Ram Prasad. the present respondents No. 1 to 3 respectively had been granted the succession certificate prayed for holding them to be the only heirs of Chhotesingh who were found entitled to get the amount of Rs. 40,000/- from the Electricity Department, District Morena which stood deposited to the credit of Chhote Singh, the deceased who had died intestate.4. The facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass, Chhote Singh who was employed as a Line Man in the Electricity Department had died on 1-12-1984 in village Chandawali No. 1,...
Yashpal Singh Thakur Vs. Smt. Anjana Rajput
Court: Madhya Pradesh
Decided on: May-04-2000
Reported in: AIR2001MP67a
ORDERDipak Misra, J. 1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure the petitioner husband has called in question the defensibility of the Order D/- 29-10-1999 passed by the learned 4lh Additional District Judge, Jabalpur in C.S. No. 36S-A/98 whereby he has refused to entertain the application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') filed by the petitioner. 2. Sans unnecessary details the facts as have been unfolded are that the petitioner husband filed an application under Section 13(1)(i)(ia) of the Act for dissolution of his marriage with the non-applicant on the ground of adultery and mental cruelty. The marriage between them was solemnized on 30-5-1996 at Jabalpur according to the Hindu Rites and Rituals. The non applicant is working as Technical Assistant in the State Forest Research Institute, Jabalpur and her carry home salary is Rs. 4725/-p.m. It is not in dispute that the p...
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