Madhya Pradesh Court July 2003 Judgments
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Bane Singh S/O Mangusingh (Deceased) Through L.Rs. Smt. Kalabai Wd/O B ...
Court: Madhya Pradesh
Decided on: Jul-24-2003
Reported in: 2004(2)MPHT28
A.M. Sapre, J.1. This is a second appeal filed by the plaintiff under Section 100 of CPC against the judgment/decree, dated 22-10-2001, passed by the learned IXth Additional District Judge, Indore in C.A. No. 1-A of 2000, which in turn arises out of Civil Suit No. 294-A of 1986, decided by IVth Civil Judge, Class I, Indore, on 7-3-1992. It was admitted for final hearing on following substantial question of law:--'Despite having held that the orders of the SDO under the M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Valon Ke Bhumi Hadapane Ke Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter called 'the Kuchak-ra Adhiniyam') was illegal on account of no notice of the proceedings under the said Adhiniyam was given to the appellants, the Courts below erred in not granting decree for declaration that the said order was not binding on the appellants ?'2. Heard Shri G.M. Chafekar, learned Senior Counsel with Shri P.V. Bhagwat, learned Counsel for the appellan...
Jugru Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2003
Reported in: 2004(2)MPHT333; 2004(1)MPLJ530
S.L. Jain, J.1. We propose to dispose of these five appeals : Criminal Appeal Nos. 1176/93 (Rosan alias Ramesh v. State of M.P.), 1177/93 (Jugru v. State of M.P.), 1178/93 (Gulab v. State of M.P.), 1179/93 (Madan v. State of M.P.) and 1180/93 (Raja v. State of M.P.) by this common judgment, since they arise out of the same judgment and order dated 15-4-93 passed by First Additional Sessions Judge, Hoshangabad, in Sessions Trial No. 60/91. All the appellants in the aforesaid appeals stand convicted for offences punishable under Section 148, IPC with sentence of two years' R.I. and life imprisonment each respectively.2. The prosecution case, as unfolded during trial is that Jugru, Gulab and Rosan alias Ramesh, who are the appellants in Criminal Appeal Nos. 1177/93, 1178/93 and 1176/93 respectively, are the real brothers. Madan and Raja who are the appellants in Criminal Appeal Nos. 1179/93 and 1180/93, respectively, are the sons of Jugru and are the residents of Village Dob. Deceased Cha...
Subhadra Vs. Rajendra Prasad
Court: Madhya Pradesh
Decided on: Jul-23-2003
Reported in: 2003(3)MPHT452
ORDER1. This revision petition has been preferred against the order dated 15-2-1997 passed in Criminal Revision No. 103/1994, passed by learned Vth Additional Sessions Judge, Rewa, reversing the order dated 27-6-1994 in Miscellaneous Criminal Case No. 6/1991, passed by the learned Judicial Magistrate First Class, Rewa. 2. No exhaustive statement of facts are necessary for the disposal of this revision petition, suffice it to say that the applicant filed an application under Section 125 of the Code of Criminal Procedure, 1973 (in short 'the Code'), stating therein that the husband has refused to maintain her hence it was prayed to allow monthly allowance for her maintenance. The application was opposed by the husband by filing a reply and contended therein that the wife on her own sweet will left his company. Indeed she is not willing to live with him. On earlier occasion also she filed an application under Section 125, Cr.PC, which was dismissed in default in the reply it has been furt...
Professional Examination Board Vs. Bhopal Municipal Corporation
Court: Madhya Pradesh
Decided on: Jul-23-2003
Reported in: 2003(4)MPHT95; 2003(3)MPLJ436
ORDERS.P. Khare, J.1.This is a revision by the appellant/Board under Section 392 of the M.P. Municipal Corporation Act, 1956 (hereinafter to be referred to as 'the Act') read with Section 115, CPC against the order by which the appeal of the petitioner challenging imposition of property tax has been dismissed.2. The petitioner is 'Professional Examination Board' (hereinafter to be referred to as 'the Board'). It was constituted as per notification dated 17-4-1982 (Annexure R-6) issued by the Man-Power Planning Department of the State Government. It has been stated in this notification that this Board would function under the Man-Power Planning Department and the State Government would have the power to issue necessary directions from time to time for conducting the business of the Board. It is also provided that the State Government would have the power to frame rules for this purpose. In Para 5 of this notification it is stated that the Board would be an independent unit and would hav...
Kailashchandra Goyal Vs. G.J. Corogation (P.) Ltd.
Court: Madhya Pradesh
Decided on: Jul-23-2003
Reported in: (2003)4CompLJ420(MP); [2004]49SCL544(MP)
ORDERA.M. Sapre, J.1. This is a company petition filed by what he calls himself as a creditor of respondent company seeking winding up of company essentially on the ground covered under Section 433(e) of Companies Act.2. The respondent is a company havingits manufacturing Unit at Sendhwa. It is stated by the petitioner that in the course of company's manufacturing activity, the company is indebted to the petitioner for a sum of Rs. One lakh and odd. The petitioner then claimed to have raised the Bill, by raising a demand on the respondent. He alleged that towards this demand, the respondent company issued a cheque worth Rs. 1,00,000 being No. 257718, dated 16-6-2000 in favour of petitioner, but was returned by the Bank for which a case under Section 138 of the Negotiable Instrument Act is pending against the respondent company before the court at Sendhwa. He then further alleged that respondent has paid a sum of Rs. 75,000 and balance of Rs. 1,22,561 with interest (Rs. 21,559) up to31-...
Sugarabai Vs. Tata International Export Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-22-2003
Reported in: I(2004)ACC468; 2004ACJ776
Deepak Verma and S.K. Seth, JJ. 1. The only question which has been raised before us in appeal is whether the amount of compensation awarded to the appellant by the Additional Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 59 of 2001, is just and proper or not.2. The Claims Tribunal awarded a sum of Rs. 67,000 to the appellant No. 1 only on account of her husband's death in a road accident due to rash and negligent driving of respondent No. 2. At the time of the accident the vehicle was owned by respondent No. 1 and was insured with respondent No. 3. The finding of the Tribunal with regards to the negligent driving has not been assailed. The same is, therefore, confirmed.3. The learned counsel appearing for the appellant submitted that the Tribunal has wrongly assessed the income of the deceased on the lower side. Mr. Goel, the learned counsel for the respondent No. 3, on the other hand, supported the award and submitted that the income was rightly assessed.4. After going th...
Rajendra Vs. Krishna Murari Sharma and ors.
Court: Madhya Pradesh
Decided on: Jul-22-2003
Reported in: 2005ACJ245
Deepak Verma and S.K. Seth, JJ.1. Mr. J.M. Punegar, the learned counsel for the appellant; none for respondent Nos. 1 and 2 and Mr. R.J. Pandit, learned counsel for respondent No. 3.2. With consent, the arguments heard. This appeal has been preferred against the award dated 30.11.2002 passed by the 14th M.A.C. Tribunal, Indore in Claim Case No. 231 of 2001, whereby the claim petition preferred by the appellant has been dismissed on the ground that the appellant did not sustain the injuries in a road accident. The learned counsel for the appellant submits that this finding of the Tribunal is contrary to the evidence on record and cannot be sustained.3. After going through the evidence, we find that the appellant was travelling as a bona fide passenger in the bus bearing registration No. MP 09-S 7399, while he was travelling from Indore to Khategaon. At the time of the accident, the bus was being driven by respondent No. 2 Prahalad. The respondent No. 1 was the owner of the offending bus...
Sunil Sehgal Vs. Chhaya Sehgal
Court: Madhya Pradesh
Decided on: Jul-22-2003
Reported in: II(2004)DMC755
P.C. Agarwal, J. 1. This is husband's appeal against dismissal of his petition for divorce under Section 13 of the Hindu Marriage Act (Act for short). Ground taken had been that of cruelty under Section 13(1)(B) of the Act which the Trial Court did not find proved.2. Parties were married on 13.12.1984. Appellant-husband is employed in the Bank of India. Respondent-wife is employed in the Punjab National Bank. They have a male issue named Ankit born on 10.6.1988. He has been living with the respondent throughout.3. To prove that living together has become impossible for the appellant has alleged following specific instances:(a) Since after 3 or 4 months of the marriage respondent started misbehaving with the parents and brothers of the appellant She used to threaten to commit suicide. She used to insist that the appellant should live in a rented house near the house of her parents whereupon the appellant was compelled to take a house in Bhagwan Colony in June, 1989 situated near the hou...
Madan Lal Vs. Madhya Pradesh State Road Trans. Corpn. and ors.
Court: Madhya Pradesh
Decided on: Jul-22-2003
Reported in: 2005ACJ1589
Deepak Verma and S.K. Seth, JJ.1. For the death of a young person aged 24 years in a road accident, 4th Addl. Motor Accidents Claims Tribunal, Indore in Claim Case No. 142 of 1997 has awarded a sum of Rs. 2,06,000 to the parents. Being dissatisfied with the amount of compensation this appeal has been preferred for the enhancement. During the pendency of claim petition, father of deceased also died, therefore, other L.Rs. were brought on record.2. That on 26.3.1991 while deceased Prathmesh Gupta was travelling in his Maruti van along with his fiancee, he met with a road accident. The accident was caused on account of rash and negligent driving of a bus belonging to respondent No. 1 and being driven by the respondent No. 2 at the time of accident. Before the Tribunal the respondents herein filed the written statement denying their liability on the ground that the respondent No. 2 was not responsible for causing the accident. However, they were allowed by the Claims Tribunal to proceed ex...
Sheikh Ramzan Vs. National Insurance Co. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Jul-22-2003
Reported in: III(2004)ACC194; 2006ACJ99
Deepak Verma and S.K. Seth, JJ.1. On account of the road accident, which took place on 4.3.1999, the appellant herein sustained grievous injuries, therefore, the Third Additional Motor Accidents Claims Tribunal, Khargone in Claim Case No. 59 of 2002 awarded a sum of Rs. 96,000 to the appellant. Being dissatisfied with the amount of compensation the appellant has preferred this appeal for enhancement.2. The appellant, an electrician by profession, aged about 28 years, was travelling as a bona fide passenger in the bus bearing registration No. MP 09-S 5341. At the time the bus was being driven by respondent No. 2 and was insured with respondent No. 1. On account of rash and negligent driving by the respondent No. 2 while negotiating a turn at a very high speed, the door of the bus got opened and the appellant sitting at the corner seat near the door was thrown out of the vehicle. As a result he sustained fracture in the left leg. Initially the appellant was given treatment at Khargone an...
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