Madhya Pradesh Court November 2003 Judgments
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Mrs. Kishnabai Shrivastava Vs. Manmohan Shrivastava
Court: Madhya Pradesh
Decided on: Nov-14-2003
Reported in: I(2004)DMC606
A.K. Awasthy, J.1.Appellant/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 8.7.1996 passed by Second Additional District Judge, Shajapur in Civil Case No. 1/96 whereby the marriage was dissolved by the decree of divorce on the ground of cruelty.2. The admitted facts of the case are that the marriage in between the appellant and respondent was solemnized on 23.1.1987 according to the Hindu rites and customs and they have no issue from the wedlock.3. The case of the respondent petitioner is that the behaviour of the appellant was abnormal and she was in habit of picking up the quarrels unnecessarily and she used to abuse and insult the petitioner and his family members. It is also pleaded that the defendant has refused to take part in the worship of the family deity. That the defendant has not turned up even at the time of the death of his grand mother of the petitioner. That the defendant has left the matrimonial house on...
Firm Chhaganlal Rakesh Kumar Vs. Shivkumar and anr.
Court: Madhya Pradesh
Decided on: Nov-14-2003
Reported in: III(2004)BC93
Ashok Kumar Tiwari, J.1. This revision is directed against the order dated 26.3.2003 passed by Second Additional Sessions Judge (Fast Track Court) in Criminal Revision Case No. 163/2002 2. The facts giving rise to this revision are that non-applicant No. 1 filed a complaint against the applicant in the Court of Judicial Magistrate First Class, Shujalpur under Section 420 of Indian Penal Code and 138 of Negotiable Instruments Act, 1881. The complaint was registered as Criminal Case No. 763/98. The Trial Court after duly registering the case, tried the applicant for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 and sentenced to three months simple imprisonment and to pay a fine of Rs. 5,000/-(Rupees five thousand) vide judgment passed by J.M.F.C. Shujalpur in Criminal Case No. 763/98 on 18.12.1998. An appeal was preferred and vide judgment passed by Second Additional Sessions Judge, Shujalpur in Criminal Appeal No. 185/2000 on 9.7.2002 the case was remanded...
Nirvendra Vs. Mrs. Sadhna
Court: Madhya Pradesh
Decided on: Nov-14-2003
Reported in: II(2004)DMC845
A.K. Awasthy, J.1. Appellant/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 30.8.1997 of the Ist Additional District Judge, Alirajpur, District Jhabua in Hindu Marriage Case No. 6-A/97, whereby the decree of dissolution of marriage was passed on the ground of desertion.2. Admitted facts of the case are that the marriage in between the appellant and the respondent was performed on 27.6.1989 at Alirajpur according to the Hindu rites and customs and they have no issue from the wedlock. It is also not in dispute that after the marriage the respondent/petitioner lived with her husband only for about two months and she left the matrimonial house in the month of October 1989 and since then she is living separately.3. The case of the petitioner is that after the marriage the defendant started treating the petitioner with cruelty for fulfilling his greed of dowry and she was physically assaulted by her husband and she fainted the...
Prafulla Kumar JaIn Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-13-2003
Reported in: 2004(1)MPHT171
ORDERK.K. Lohoti, J.1. Looking to the short point involved in the case, the matter is heardfinally. 2. The grievance of the petitioner is that the petitioner was Ex-Chairman and Director of respondent No. 3-Society. The elections of the Society were not held for a considerable long period since 1995, so the petitioner filed a petition before this Court, which was registered as W.P. No. 1554/98 and was heard and decided vide order dated 3-7-98 (Annexure P-4). The following order was passed in W.P. No. 1554/98 :--In this petition, the petitioner seeks a writ in the nature of certiorari for quashing the orders dated 1-6-95 and 2-6-95, as contained in Annexures P-4 and P-5, passed by the respondent Nos. 3 and 4 respectively and for issuance of a writ of mandamus directing respondent Nos. 2 to 4 to complete the election process for election of Director of the Board and President of the petitioner-Society.Shri Rajendra Tiwari, Counsel for the petitioner, has contended that the election of th...
Prakash Narayan Shrivastava Vs. Mrs. Kamini @ Papul
Court: Madhya Pradesh
Decided on: Nov-13-2003
Reported in: II(2004)DMC256
A.K. Awasthy, J.1. Appellant/petitioner has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 10.10.1996 passed by the IXth Additional District Judge-Indore in Hindu Marriage Case No. 273/1991, against the order of fixing of Rs. 2,000/- p.m. as permanent alimony to the respondent/defendant.2. Admitted facts of the case are that marriage in between the appellant and the respondent was performed on 24.11.1984 at Khargone according to the Hindu rites and customs and from the wedlock there is a son and a daughter who are at present living with the respondent/defendant.3. The case of the petitioner is that after about 3 years of the marriage the behaviour of the defendant became abnormal and she used to utter filthy words and habitually threatened the petitioner that she will involve him in a criminal case and she will commit suicide by putting herself on fire. It is further alleged by the petitioner that his wife had doused herself with the ...
Sagarbai and ors. Vs. Urmilabai Jaiswal
Court: Madhya Pradesh
Decided on: Nov-12-2003
Reported in: 2004(1)MPHT486
1. Appellant/defendant has filed this appeal under Section 100 of the CPC against the judgment and decree dated 23-8-2003 passed by Additional District Judge, Barwaha District West Nimar confirming the judgment and decree dated 10-8-2001 in Civil Suit No. 11-A/95 passed by Civil Judge Class-II, Sanawad.2. The case of the plaintiff is that she is the owner and the landlord of the suit house situated at Village Barood and defendant Rameshchandra took the suit house on the monthly rent of Rs. 70/- and that the tenancy of the defendant was terminated by registered notice dated 20-12-93 which was received by the defendant on 3-1-94. That the defendant has not paid the arrears of rent from 1-4-93 total Rs. 1610/- and as such the decree of possession and the arrears of rent be passed in favour of the plaintiff.3. The defendant has denied that he was tenant of the plaintiff in the suit house. Defendant has pleaded that the plaintiff has agreed to sell the suit land in Rs. 20,000/- and the plai...
Premnarayan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-12-2003
Reported in: 2004(2)MPHT230
S.L. Kochar, J. 1. This criminal appeal has been preferred by the appellants against the judgment dated 28-8-97 rendered in Sessions Trial No. 302/96 by the learned Addl. Sessions Judge, Ujjain, thereby convicting the appellants for the offence punishable under Sections 302 and 307 of the Indian Penal Code and sentencing him to suffer imprisonment for life and rigorous imprisonment for five years respectively and also convicting the appellants Santosh and Dilip for the offences punishable under Sections 302 and 307, both read with Section 34 of the Indian Penal Code and sentencing them each to suffer imprisonment for life and Rigorous Imprisonment for five years respectively. All the substantive sentences have been directed to run concurrently.2. The facts of the prosecution case as unfurled before the Trial Court were that on 8-5-96, Mainabai and the deceased Kailash had purchased KIMDIS (palm-tree branches) for preparing baskets. On 9-5-96, Mainabai, Sarjubai, Raju and the deceased w...
Kamal Vs. Smt. Mahendra Kumari
Court: Madhya Pradesh
Decided on: Nov-12-2003
Reported in: 2004(2)MPHT19
ORDERA.K. Awasthy, J.1. Appellant/defendant has filed this IInd appeal under Section 100, CPC against the judgment and decree dated 13-3-2003 passed by the Additional District Judge, Sendhwa (West Nimar) in First Appeal No. 25-A/2001, confirming the judgment and decree dated 31-10-2001 passed by Civil Judge Class-I, Sendhwa (West Nimar) in Civil Suit No. 51-A/97.2. The case of the respondent plaintiff is that the defendant is a tenant of the respondent plaintiff in the residential accommodation situated at Sendhwa at Ward No. 14 on the monthly rent of Rs. 18/- per month and that the defendant has sub-let the suit house and he has acquired a reasonable suitable accommodation of his own and the defendant has not vacated the suit premises even after the quit notice and as such the defendant be evicted from the suit premises under Section 12 (1) (b) and 12 (1) (i) of the M.P. Accommodation Control Act.3. The learned Trial Court has held that the defendant has left the suit premises and has...
Vishwanath Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-11-2003
Reported in: 2004CriLJ2324; 2004(2)MPHT210; 2003(4)MPLJ270
S.L. Jain, J.1. Appellant Vishwanath stands convicted for offence punishable under Section 376, IPC and sentenced to R.I. for seven years with fine of Rs. 500/-, in default whereof, to further undergo R.I. for three months by the impugned judgment and order dated 20-2-2001 passed by Addl. Sessions Judge, Harda, in Sessions Trial No. 29/99.2. The prosecution case, in brief, is that on 3-11-98 at about 11.45 A.M., prosecutrix Deepti (P.W. 14) was going to her house from her school. Appellant Vishwanath was standing outside his house. He was known to the prosecutrix as he was her tutor. Appellant called the prosecutrix in his house on the pretext that he has got some work. When the prosecutrix entered his house, appellant took her on the roof of his house and committed rape on her. The prosecutrix tried to raise alarm but the appellant gagged her mouth. After the incident prosecutrix came to her house and narrated the incident to her mother Subhadra (P.W. 2). At that time father of the pr...
Ashutosh Dubey and anr. Vs. Tilak Grih Nirman Sahakari Samiti Maryadit ...
Court: Madhya Pradesh
Decided on: Nov-11-2003
Reported in: 2004(2)MPHT14; 2004(3)MPLJ213
ORDERK.K. Lahoti, J.1. Petitioner has filed this petition challenging the order dated 1-8-2003 passed in Civil Suit No. 111-A/2003 (Ashutosh Dubey v. Tilak Grah Nirman Sahakari Samiti) by which the Trial Court has issued a commission for investigating the fact that who is in possession of the disputed property.2. The aforesaid order passed by the Trial Court has been assailed by the defendants on the following grounds :--(i) That the similar prayer was made before the Trial Court vide application (Annexure P-2), dated 84-2002 and the Trial Court vide order dated 21-1-2002 rejected the prayer on the ground that commission can not be issued for ascertaining the fact that which of the party is in possession of the suit property.(ii) That again vide application Annexure P-5, dated 23-7-2003 similar prayer has been made and the Trial Court by the impugned order dated 1-8-2003 has allowed the aforesaid prayer.(iii) That no commission can be issued for ascertaining the fact that which party i...
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