Madhya Pradesh Court April 2003 Judgments
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Trilokinath Vs. Vinod Kumar
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: 2003(3)MPHT35; 2003(3)MPLJ422
ORDERS.K. Pande, J.1. Being aggrieved by order dated 29-3-2003 in Election Petition No. 15/2000 passed by Ist A.D.J., Sagar, whereby the election of the petitioner to the post of Speaker was set-aside instead the respondent was declared duly elected, the petitioner - a non-applicant has preferred this revision under Section 441-F of M.P. Municipal Corporation Act, 1956. 2. The facts in brief arc, petitioner Trilokinath and respondent Vinod Kumar were elected as Councillor of Municipal Corporation, Sagar. Including the Mayor total 49 persons were eligible to vote in the election to the post of Speaker. Petitioner-Trilokinath and respondent Vinod Kumar alone were the candidates for the election conducted by Returning Officer/ Collector, Sagar on 124-2000. On opening of ballot box 49 ballot papers in total were found, however, 5 ballot papers were tagged with Rs. 5/- currency note. Removing 5 currency notes, those 5 ballot papers were also counted in favour of petitioner-Trilokinath. It w...
State Bank of Indore Vs. Nisar Mohammad Khan and anr.
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: III(2003)BC307
A.K. Awasthy, J.1. The applicant/plaintiff has filed this appeal against the judgment and decree dated 29.1.1990 passed by IVth Additional Judge to the Court of District Judge. Chhatarpur in Civil Suit No. 1-B/88 wherein the applicant's prayer for allowing the interest at the rate of 15% per annum was rejected.2. The admitted facts of the case are that the plaintiff/Bank, State Bank of Indore is a nationalised Bank having its branch at Galla Mandi, Chhatarpur. It is also a common ground that respondent No. I/defendant Nisar Mohammad Khan is the owner of the shop of Steel Furniture and the plaintiff/Bank provided to defendant No. 1 cash credit facility upto Rs. 50,000/- and that on 27.11.84 defendant No. 1 executed the demand promissory note in favour of the plaintiff/Bank. It is also the common ground that respondent No. 2/defendant No. 2 stood as a guarantor for the payment of amount on behalf of respondent No. 1/defendant No. 1. It is also an admitted fact that the defendants agreed ...
Ramlal Vs. Allahabad Bank
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: III(2003)BC318
A.K. Awasthy, J.1. The appellant/plaintiff has filed this appeal against the order dated 12.12.2000 passed in Civil Suit No. 10-A/97 by IInd Additional District Judge, Mundwara, Distt. Katni rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure.2. The case of the appellant/plaintiff is that the loan of Rs. 1,19,479/- was taken by him from the respondent-Allahabad Bank for purchase of tractor and that the respondent Bank has applied for recovery of outstanding amount of Rs. 1,02,167/- under the M.P. Lokdhan Shodhya Vashuli Adhiniyam, 1988. That the appellant/plaintiff has filed a suit for declaration that the defendant bank is not entitled for recovery of Rs. 1,02,167/- from the plaintiff and it was further prayed that the bank be directed to submit the account of the outstanding loan of the plaintiff.3. Preliminary objection regarding the maintainability of the suit was raised by the defendant/bank. It was alleged by the respondent/defendant that the plaintiff took ...
Bank of India Vs. Gulab Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: III(2003)BC364
A.K. Awasthy, J.1. Appellant/plaintiff has filed the appeal under Section 96 of the Code of Civil Procedure challenging the judgment and decree dated 5.8.1988 passed by IInd Additional Judge to the Court of District Judge, Sehore in Civil Suit No. 109-B/87 wherein the suit for recovery of Rs. 21,733 with interest was dismissed.2. The admitted facts of the case are that the respondent/defendant No. 1 applied for the loan for purchasing bullocks and buffaloes to run a dairy business and on 6.6.1978 the plaintiff Bank extended for the same two loans of Rs. 6,000/- and Rs. 2,000/- to the defendant No. 1. It is also not in dispute that the defendant Nos. 2 and 3 were the guarantors. That respondent defendants have agreed in writing to pay with interest at the rate of 13% per annum to the plaintiff Bank.3. The case of the plaintiff/Bank is that the amount of loan was not repaid by the respondent even after several demands and service of legal notice dated 20.11.81. That decree for Rs. 21,733...
Girbal @ Girbar Singh Rajput Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: 2003(4)MPHT194
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence passed on 22-2-1991 by the learned First Additional Sessions Judge, Tikamgarh in Sessions Trial No. 28/90 convicting the accused/appellant under Section 302 of the Indian Penal Code (hereinafter referred to as 'the IPC') and under Section 25(1)(a) of the Arms Act and sentencing him to suffer imprisonment of life and two years' rigorous imprisonment respectively, the appellant/accused has preferred this appeal under Section 374(2) of the Code of Criminal Procedure.2. In brief, the case of prosecution is that on 6-1-1990 at 8.30 in the night, informant Bhagwan Das, Bhagirath, Baijnath, Ranjor Singh were sitting and Bhagwan Das was persuading not to quarrel over the mine dispute and should lodge a report about the quarrel. At that juncture, Ghansu came and wielded 2-3 lathis on the person of Bhagirath, thereafter when he was going to his house, Ranjore (hereinafter referred to as 'the deceased') c...
Padam Singh Vs. Anita Bai
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: I(2004)DMC112
A.K. Awasthy, J.1.This appeal is filed under Section 28 of the Hindu Marriage Act challenging the judgment and decree dated 14.12.1993 passed by District Judge, East Niwar, Khandwa in Civil Suit No. 39-A/1992 of dismissing the petition filed for divorce on the ground of cruelty and desertion.2. The admitted facts of the case are that the marriage in between the appellant and the respondent was solemnised on 1.7.1989 at Khandwa by Hindu customs and now the appellant and respondent are living separately.3. The case of the appellant is that the respondent Anita Bai has just after the marriage started using filthy words and she was lady of bad temperament. That Anita Bai used to demand telcom powder of better quality and other items of fashion and make-up and threatened to commit suicide if her demands are not fulfilled. That the appellant has stated that he has made many attempts to persuade respondent to behave properly and give due respect to his family members but she had no love and r...
Laxmikant Vs. Smt. Premwati Devi
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: I(2004)DMC189
A.K. Awasthy, J.1. Appellant/non-applicant has filed this appeal under Section 28 of the Hindu Marriage Act against the finding of judgment dated 30th June, 1993 passed by the IVth Additional Judge to the Court of District Judge. Jabalpur in Civil Suit No. 15-A/86 which is regarding the solemnisation of marriage between the appellant and respondent.2. The admitted facts of the case are that the appellant is working in the Police Department in M.P. and he is permanent resident of Gram Mongra, Badshahpur, Distt. Jaunpur (UP). It is also a common ground that in the year 1984 the appellant has got married with one Maya Devi.3. Respondent/petitioner has filed the petition under Section 9 of the Hindu Marriage Act for the restitution of conjugal rights against the defendant alleging that the marriage between the appellant and respondent was performed in the year 1975 at village Serawan Atrampur, P.S. Nawabganj, Distt. Allahabad according to Hindu rites and customs and the petitioner led for ...
Balram Prajapati Vs. Susheela Bai
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: II(2003)DMC708
A.K. Awasthy, J.1. The appellant/petitioner has filed this appeal Under Section 28 of the Hindu Carriage Act challenging the judgment and decree dated 18.1.1999 passed by the Additional District judge, Khurai, District Sagar in Civil Suit No. 42-A/96 dismissing the petition for dissolution of marriage filed Under Section 13 of the Hindu Marriage Act.2. Admitted facts of the case are that the marriage in between the petitioner and the respondent was solemnised on 10.3.1978 at Bina, District Sagar according to Hindu rites and customs. It is also the common ground that they did not have any issue from the wedlock and after the month of June, 1996 the respondent/ non-applicant had left her matrimonial house.3. The case of the appellant /petitioner is that because for 3 years there was no issue from the wedlock, the petitioner/husband tried to get the respondent/, wife medically examined and treated but she had refused to get the medical treatment and her behaviour with the appellant and hi...
Dulesingh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: II(2003)DMC360; 2003(4)MPLJ536
S.L. Kochar, J.1. By this common judgment, both Crl. Appeal Nos. 684/94 (Dulesingh and Ors. v. State), and 685/94 (juwansingh v. State) are being decided.These appeals Under Section 374 of the Code of Criminal Procedure have been filed by the appellants against the judgment dated 7.10.1994 rendered by the learned Additional Sessions Judge, Ratlam in Sessions Trial No. 88/94 thereby convicting the appellant Juwansingh for the offence Under Section 302, IPC and appellants Juwansingh, Dulesingh, Umraosingh Arjunsingh and Bherusingh for the offence Under Sections 201/302, IPC and sentencing the appellant Juwansingh to imprisonment for life with fine Rs. 1,000/- Under Section 302, IPC and appellants Juwansingh, Dulesingh, Umraosingh, Arjunsingh and Bherusingh to undergo R.I. for four years with fine Rs. 500/- each. In default of payment of fine, appellant Juwansingh shall suffer additional imprisonment for one year Under Section 302, IPC and six months' imprisonment Under Sections 201/302, ...
National Insurance Co. Ltd. Vs. Angori Bai and ors.
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: 2005ACJ75
S.S. Jha and Chandresh Bhushan, JJ.1. This appeal is by the insurance company challenging the award passed by Claims Tribunal in favour of respondent No. 1. Contention of appellant insurance company is that insurance company is not liable to pay the compensation for the death caused to a passenger in a goods carriage. Claimants have filed cross-objection for enhancement of compensation.2. Admitted facts of the case are that the deceased Gariba was travelling in the goods carriage bearing No. MPW 9754, which was being driven by Raju, respondent No. 2 and owned by one Ajmer Singh, respondent No. 3. On account of overturning of the truck Gariba died on the spot. Thereafter claim has been filed. Contention of the counsel for the appellant insurance company is that insurance company is not liable to pay compensation in the case of goods carriage. Reliance has been placed by counsel for appellant in the judgment of New India Assurance Co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC) and judgment of Or...
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