Madhya Pradesh Court January 2004 Judgments
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Sunderbai Vs. Rustam and ors.
Court: Madhya Pradesh
Decided on: Jan-28-2004
Reported in: I(2005)ACC180; 2004(4)MPLJ4
P.C. Agrawal, J.1. Appellant is a married woman, labourer by profession. On 16th January, 1999, she was travelling in tempo M.P. No. 14-G-0039. Appellant was thrown out of the tempo due to negligent and rash driving by the tempo driver. The Tribunal had held the tempo driver guilty of negligence. It held the tempo owner and Insurance Company as well liable to pay compensation. On these points there has been no controversy between parties in the appeal.2. Dispute is confined to the quantum of compensation only. As per M.L.C. Report, Ex. P-8, appellant had suffered a lacerated wound on her right cheek bleeding from teeth, defused swelling with irregularity in left arm, lacerated wound on fore arm and multiple abrasion on right fore arm. As per Ex. P-9 she has a fracture of shoulder and midst halt of left humerus. However, on right and left jaw, no bony injury was seen. Vide X-ray report Ex. P-10, transverse communicated fracture of shaft of humerus mid 1/3 with wide separation of fractur...
Ganesh Benzoplast Ltd. Vs. Kedia Distilleries Ltd.
Court: Madhya Pradesh
Decided on: Jan-27-2004
Reported in: (2004)2CompLJ141(MP); [2004]55SCL567(MP)
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 9 of 1996 [Jindal Papers and Plastic Ltd. v. Kedia Distilleries Ltd. (2004) 2 Comp LJ 139 (MP)] against this very company for its winding up. In that petition, a direction to advertise the petition in terms of Companies (Court) Rules as also other consequential directions 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 has also made directions for its advertisement enabling all the creditors to submit their claims, there is no need to entertain or if entertained, then to keep this petition pending for its final disposal, i...
iit Capital Services Ltd. Vs. Kedia Distilleries Ltd.
Court: Madhya Pradesh
Decided on: Jan-27-2004
Reported in: III(2004)BC131
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 9 of 1996, Jindal Papers and Plastics Ltd. v. Kedia Distilleries Ltd., against this very company for its winding up. In that petition, a direction, to advertise the petition in terms of Company Court Rules as also other consequential directions 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 has also made directions for its advertisement enabling all the creditors to submit their claims, there is no need to entertain or if entertained then to keep this petition pending for its final disposal inter alia for the reason that pe...
Ganpat Rao Vs. Ashok Rao and ors.
Court: Madhya Pradesh
Decided on: Jan-27-2004
Reported in: 2004(4)MPHT101; 2004(3)MPLJ171
Subhash Samvatsar, J.1. This appeal is filed by the defendant challenging judgment and decree dated 29-7-98 passed by 9th Addl. District Judge, Gwalior in Civil SuitNo. 217-A/96.2. Brief facts of the case are that a house No. 150/50 is situated at Kudalkar Ki Goth, Kempu, Lashkar, Gwalior. Plaintiff has filed a suit for ejectment in respect of portion of a house which is in possession of the present appellant. According to the plaintiff the said property was initially owned by Vitthal Rao (dead). Vitthal Rao has four sons namely Madho Rao, Narayan Rao, Gopal Rao and Krishna Rao (all dead). Madhav Rao has one son Keshav Rao who died in the year 1938. Narayan Rao's son Madho Rao died in the year 1941. Keshav Rao has three sons namely Ramchandra Rao, Lakshman Rao, who died on 10-6-69 and Anand Rao who was adopted by Keshav Rao.3. Ramchandra Rao filed a Civil Suit No. 29-A/97 for partition. In that case it was held that the suit property exclusively belongs to plaintiff Anand Rao and Ramch...
Radheshyam Vs. Smt. Rajubai
Court: Madhya Pradesh
Decided on: Jan-23-2004
Reported in: II(2004)DMC210; 2004(2)MPHT242
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 20-8-97 in Hindu Marriage Case No. 291/94 passed by learned IXth Additional District Judge, Indore, whereby the petition for divorce on the ground of desertion and cruelty was dismissed.2. Admitted facts of the case are that the marriage in between the appellant and the respondent was solemnised in the year 1983 at Village Hatod, Tehsil Indore, according to Hindu rites and customs and they had a daughter Ku. Bhaona, who is from the wedlock and her age in the year 1994 was about 9 years. It is also the common ground that the respondent/wife is not living with the appellant/husband after August, 1986 and after August, 1986 she alongwith her daughter is living in her maternal house.3. The case of the appellant/petitioner is that the defendant was in habit of picking up quarrels, abusing and insulting the petitioner and his family members and she us...
Rampyare and ors. Vs. Rampyari
Court: Madhya Pradesh
Decided on: Jan-23-2004
Reported in: 2005(1)MPHT89; 2004(4)MPLJ54
ORDERS.L. Jain, J.1. This order shall govern disposal of this revision as well as Criminal Revision No. 603/99, Krisna Narayan and Anr. v. Kalka Prasad, and Criminal Revision No. 494/99, Kalka Prasad v. Ram Naresh Tiwari and Anr. All the aforesaid revisions under Section 397/401 of the Criminal Procedure Code arc directed against the order dated 29-1-1999 passed by Additional Sessions Judge, Satna in Sessions Trial No, 116/96 whereby an application filed by the respondents of Criminal Revision No. 494/99 under Section 197, Criminal Procedure Code was allowed and charges for the offences punishable under Sections 302, 109 read with Section 302 and 302 read with Section 34, Indian Penal Code were framed against applicants of Criminal Revision Nos. 670/99 and 603/99.2. The facts of the case which led to filing of these revisions are that a complaint under Section 200, Criminal Procedure Code was filed by complainant Kalka Prasad, who is applicant in Criminal Revision No. 494/99, for the a...
Smt. Shivkumari Dubey Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2004
Reported in: [2005(105)FLR1144]; 2004(2)MPHT176; 2005(1)MPLJ274
ORDERDipak Misra, J. 1. Does the factual score of this case gives rise to a feeling, the petitioner Smt. Shivkumari Dubey, a sectogenerian has spoken too much in the line of thinking 'the lady speaketh too much', or has she in an innocuous, innocent, non-inhibited and non-reflective manner has exposed the indifferent, inhuman, non-concern, hibernative proclivity, unceremonial delineation of the legitimate and lawful expectation of a retired person by the authorities by which the hope of a retired employee to get the retiral benefit, pronto gets crucified and the life and the essence of life is converted by such inaction to the shadow of life Stories may state that as long as shadow exists life may continue but in reality the shadow of life is not the substitution of life. Life, a glorious and magnificent gift of God, the Almighty, is not to be dealt with in such an inglorious manner by the persons who are in the helm of affairs as the files relating to retiral dues can not be metamorph...
Vimla Yadav Vs. Gopal Yadav
Court: Madhya Pradesh
Decided on: Jan-22-2004
Reported in: II(2004)DMC189
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 13.2.2001 in Matrimonial Case No. 92/99 passed by IXth Additional District Judge Indore whereby dismissing the petition for the dissolution of marriage filed 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 performed on 13.5.1994 at Indore according to Hindu Rites and Customs and that they have no issue from the wedlock.3. It is also not in dispute that the appellant petitioner has lived with her husband for about 2 years in the matrimonial house.4. The case of the petitioner is that her husband was in habit of picking up the quarrels on petty matters and he used to physically assault her and under the influence of liquor he was in habit of harassing and threatening her that he will perform the second marriage. That the defendant used to pressurize her ...
Lattu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-21-2004
Reported in: 2004(2)MPHT392
S.L. Kochar, J.1. This appeal has been preferred by the appellant against the judgment dated 25-7-1995 rendered in Sessions Trial No. 29/93 by the learned First Addl. Sessions Judge, Khargone, thereby by finding the appellant guilty of the offence under Section 302, Indian Penal Code, convicted and sentenced him to undergo imprisonment for life.2. The factual matrix giving rise to this appeal, in short is that on 13-11-92 in the night at 9.00 - 9.30 P.M. near Panchayat Building of Village Panali, the deceased Shyama asked the appellant as to why he came over there because he was misbehaving with the girls. On account of this, there was a quarrel between the deceased Shyama and the appellant. The appellant assaulted the deceased Shyama by kicks and fists as well as by knife. On 14-11-92 in the morning at 5.00 - 5.30 A.M. Tutibai, mother of the deceased raised alarm on which Mangat Bhilal (P.W. 2) went behind his house and on Kaldi way found the dead body of the deceased having blood on ...
M.P. Electricity Board and anr. Vs. Lachchiram
Court: Madhya Pradesh
Decided on: Jan-21-2004
Reported in: 2004(4)MPHT533; 2004(3)MPLJ563
ORDERSubhash Samvatsar, J.1. This appeal is filed by the employer, M.P. Electricity Board, challenging the award dated 14-3-2001 passed by Commissioner, Workmen Compensation No. I, Gwalior in Case No. 4/99 WCA, whereby the Commissioner has awarded an amount of Rs. 46,714/-.2. The brief facts of the case are that respondent, Lachchiram met with an accident during the course of his employment on 5-8-1996. He was paid compensation to the sum of Rs. 1,86,854/- by the present appellant assessing his disablement at 80%. Ex. P-1 is the document showing the payment to the respondent. The services of the respondent were terminated by the employer vide Ex. P-2, dated 15-5-1998 on the ground that he is unable to perform his duties due to the accident. This order was passed on the basis of medical certificate (Ex. P-3), dated 16-12-1997.3. Once the services of the employee are terminated on the ground that he is not fit to continue in the service due to the injuries sustained by him he becomes ent...
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