Madhya Pradesh Court February 2003 Judgments
Mahila Ramjanki Vs. Pavan Sharma
Court: Madhya Pradesh
Decided on: Feb-26-2003
Reported in: AIR2003MP281; II(2003)DMC86; 2003(2)MPHT267; 2003(2)MPLJ415
1. 'Institution of marriage occupies an important role to play in the society in general', observed Their Lordships of Hon. Supreme Court in the case of Chetan Das v. Kamla Devi, reported in 2001(3) Supreme 403, 'matrimonial matters are matter of delicate human and emotional relationship which demands mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustments with the spouse. The relationship has to conform to the social norms as well'.2. Parties in the present case were married according to Hindu rituals on 24th June, 1988 and after a year of marriage, appellant/wife went second time in gauna to her husband/respondent's house. It is alleged by respondent/husband who had filed a divorce petition against her that even on2nd day of gauna, appellant/wife insisted to return to her parents' house and consequently, she was allowed to go and then even after great persuasion, she did not come back with the result; husband was left with no chance but to ap...
Tag this Judgment!Limdi Bai Vs. Smt. Tulsi Bai (Deceased) Through L.Rs. Harishankar and ...
Court: Madhya Pradesh
Decided on: Feb-26-2003
Reported in: 2003(3)MPHT262
A.M. Sapre, J. 1. Two Courts have decreed plaintiffs suit for declaration of title in plaintiffs favour, cancellation of sale-deed dated 7-2-1974 executed by defendant No. 1 in favour of defendant No. 2 and sale-deed dated 9-5-1980 executed by defendant No. 2 in favour of defendant No. 3 and lastly for possession of suit house. It is against this concurrent decree the defendant No. 3, i.e. subsequent purchaser has filed this second appeal under Section 100 of CPC. It is against the impugned judgment/decree, dated 11-9-2001, passed by learned IVth Additional District Judge, Mandsaur, in C. A. No. 10-A of 2001, which in turn arises out of Civil Suit No. 21-A of 1974, decided by Civil Judge, Class II, Sitamau, District Mandsaur, on 26-3-1991. The question that arise for consideration in this second appeal at the instance of defendant No. 3 is, whether appeal involves any substantial question of law within the meaning of Section 100 of CPC? 2. Heard Shri P.K. Saxena, learned Senior Counsel...
Tag this Judgment!Padam Kumar and anr. Vs. Jai Shah and ors.
Court: Madhya Pradesh
Decided on: Feb-26-2003
Reported in: III(2003)ACC162
ORDERA.K. Gohil, J.1. The appellant No. 1, who is the owner and driver of the offending vehicle and the appellant No. 2/cleaner have filed this appeal under Section 173 of the Motor Vehicles Act, against the award dated 9.11.2001, passed by the member, Motor Accident Claims Tribunal, Shujalpur, in Claim Case No. 16/1999, whereby it exonerated the Insurance Company from its liability, on the ground that the appellant No. 1, who was driving the vehicle at the time of accident, was not having valid driving licence.2. Brief facts of the case are that on 20.3.1999, the appellant No. 1, who was the owner of mini bus No. MP-13/C-4435, was driving the said bus. He was carrying the students of Saraswati Shishu Mandir, Shujalpur to their school. The gate of the vehicle was not properly closed by the cleaner. When the bus was in stationary position, due to negligence gate was opened and one boy Jai Shah, aged 5 years fell down from the said bus and received injuries. The claim petition was filed ...
Tag this Judgment!State of M.P. Vs. Badriprasad and ors.
Court: Madhya Pradesh
Decided on: Feb-25-2003
Reported in: 2003CriLJ4364; 2003(2)MPHT329; 2003(3)MPLJ1
ORDERBhawani Singh, C.J.1. This appeal is directed against the acquittal of accused by the Trial Court vide judgment dated September 8, 1989, in Sessions Trial No. 83/1987. Leave has been granted against Badriprasad, Ravindrakumar and Mahesh only. Therefore, the matter is to be examined with this background. 2. Precisely, the prosecution case is that on 10-2-1987, at 8.15 a.m., in Civil Ward No. 2, Damoh, accused, armed with sword, dharia, lathi, rod and stones, assaulted complainants Umashanker, Gayaprasad, Rakesh, Kamlabai and Ku. Anju as a result of which the complainants suffered injuries on their bodies. In case of Gayaprasad, injuries are stated to be serious, while in case of others, they are simple in nature. Complainants arc related to each other and their houses adjoin each other. 3. The incident took place on 10-2-1987, at about 8.15 a.m. and report (Ex. P-1) was lodged the same day at 8.45 a.m. by Umashanker (P.W. 1). After investigation, medical examination of the complain...
Tag this Judgment!S.K. Iddalgi Vs. M.P. Electricity Board and anr.
Court: Madhya Pradesh
Decided on: Feb-25-2003
Reported in: 2003(2)MPHT439
ORDERA.M. Sapre, J.1. Petitioner is a Managing Director of one Company floated by him as one of his family concern called Steller Drugs Ltd., Ratlam. This Company has to pay electricity dues to Board amounting to Rs. 54,753/-. Notices of attachment and recovery of the dues were issued by the Board but petitioner has managed not to allow the Board to recover the said amount from the assets of the Company. Petitioner has one flat. A notice was thus, issued on 16-9-2002 (Annexure P-1) to petitioner calling upon him as Managing Director of the said Company to pay the dues of the Company failing which it was said that connection to petitioner's flat would be disconnected. It is against this notice, the petitioner has come to this Court in writ and has sought its quashing.2. The quashing is sought essentially on the ground that no demand can be raised on the petitioner, nor connection can be disconnected to his flat for the outstanding dues of Company of which he is a Managing Director. The ...
Tag this Judgment!M.P. Council for Child Welfare Vs. Presiding Officer, Labour Court No. ...
Court: Madhya Pradesh
Decided on: Feb-25-2003
Reported in: (2004)ILLJ1017MP; 2003(3)MPHT176; 2003(2)MPLJ478
ORDERK.K. Lahoti, J.1. The petitioner has filed the petition challenging the order passed the Labour Court Annexure (P-1) dated 22-2-2002 by which the Labour Court directed that the parties evidence will be recorded on all the issues. Previous to it, the Labour Court on 3-8-1995 while framing issues directed that issue Nos. 3 and 4 will be decided as preliminary issues. During the trial, the Court found that it will be proper to record evidence on all issues and directed parties to produce evidence on all the issues. This has caused grievance to the petitioner and filed the present petition.2. The contention of the learned Counsel for petitioner is that once Labour Court has directed to decide issue Nos. 3 and 4 on 3-8-1995, then the Court was having no jurisdiction to review its earlier order erred in passing order dated 22-2-2002. To substantiate his contention, the learned Counsel has relied upon the judgment of this Court in Expo Machinery Limited v. Presiding Officer, Labour Court...
Tag this Judgment!Shri Ram Dal Mills and ors. Vs. Rama
Court: Madhya Pradesh
Decided on: Feb-25-2003
Reported in: [2003(97)FLR563]; 2003(3)MPHT269
ORDERA.K. Gohil, J. 1. The appellant has filed this appeal under Section 30 of the Workmen Compensation Act, against the award dated 7-6-2002, passed by the Commissioner, Workmen Compensation, Indore, in W.C. Case No. 10/93 NF, granting compensation to the claimant/respondent, to the tune of Rs. 39,846/- with interest @ 6% p.a. from the date of accident till payment. The learned Commissioner has also imposed penalty @ 25% of the compensation. Respondent also filed cross-objection. 2. Brief facts of the case are that respondent Rama was working as a daily wages labourer in the appellant's Dal Mill. He was engaged for polishing pulses. On 12-11-92, during his duty hours, when he was putting the pulses in the machine, his hand was crushed by the machine, as a result of which he received injury in the hand. Thereafter, he was referred to the hospital and the matter was also reported to the police and FIR was lodged. He was getting Rs. 30/- per day as wages. The claim was contested and witn...
Tag this Judgment!New Orion Financial Corporation Vs. Earnest Health Care Ltd.
Court: Madhya Pradesh
Decided on: Feb-25-2003
Reported in: [2005]124CompCas848(MP); (2003)3CompLJ324(MP)
A.M. Sapre, J.1. It is a company petition filed under Section 433(e) of the Companies Act by the petitioner seeking winding up of the respondent company. It is not in dispute being a matter of record that this Court has already entertained and admitted one company petition being Company Petition No. 35 of 1997 (Bank of India v. Earnest Health Care Ltd.) by order dated 28.8.2000 against this very company for its winding up. In that petition, a direction to advertise the petition in terms of Companies (Court) Rules is also issued for compliance to enable this Court to proceed ahead.2. In a situation like the one where this Court has already entertained one company petition for winding up of the same company referred supra and has also made directions for its advertisement enabling all the creditors to submit their claims, there is no need to entertain and keep this petition pending for the reason that petitioner can and rather has to submit all his/their grievances which they may have ag...
Tag this Judgment!Peter Messtas Vs. Mrs. Jennifer Messias
Court: Madhya Pradesh
Decided on: Feb-25-2003
Reported in: AIR2003MP214; 2003(2)MPLJ371
S.P. Khare, J.1. This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to be referred to as 'the Act') against the judgment and decree by which his application under Section 23 of the Act for 'judicial separation' has been rejected.2. It is not in dispute that plaintiff Peter Messias and defendant Mrs. Jennifer Messias are Christians, the plaintiff is Chargeman Grade-I (Technical) in Vehicle Factory, Jabalpur (a Govt. of India Undertaking) and the defendant is a Teacher in English and Music in St. Joseph's Convent Girls' Higher Secondary School, Jabalpur holding M.A. degree in English Literature; the plaintiff is an accomplished musician playing guitar and the defendant is fond of playing piano; it is this 'common bond of music' that brought them together and after their courtship for 8 years they married at Jabalpur on 31-5-1980; unfortunately they have no issue out of this wedlock; they lived together in Flat No. 19, L.I.C., M.P. Housing Board...
Tag this Judgment!C.J. Celatine Products Limited Vs. Earnest Health Care Limited
Court: Madhya Pradesh
Decided on: Feb-25-2003
Reported in: I(2004)BC196
ORDERA.M. Sapre, J.1. It is a company petition filed under Section 433(c) of the Companies Act by the petitioner seeking winding up of the respondent Company. It is not in dispute being a matter of record that this Court has already entertained and admitted one company petition being Company Petition 35 of 1997 (Bank of India v. Earnest Health Care Limited) by order dated 28.8.2000 against this very company for its winding up. In that petition, a direction to advertise the petition in terms of Company Court Rules are also issued for compliance to enable this Court to proceed ahead.2. In a situation like the one where this Court has already entertained one Company Petition for winding up of the same Company referred supra and also made direction for its advertisement enabling all the creditors to submit their claims, there is no need to entertain and keep this petition pending for the reason that petitioner can and rather has to submit all his/their grievances which they may have agains...
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