Madhya Pradesh Court January 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Gurmeet Singh Sokhi Vs. Subhash Mallik and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)MPHT442; 2005(2)MPLJ348
N.K. Mody, J.1. Being aggrieved by the order dated 3-11-2004 passed by Vth Addl. District Judge, Bhopal in Civil Suit No. 37-A/2004, whereby the application for grant of temporary injunction filed by the respondent No. 1 under Order XXXIX Rules 1 and 2, Civil Procedure Code has been allowed, the present appeal has been filed.2. Short facts of the case are that the respondent No. 1 filed a suit for declaration, possession and permanent injunction alleging that the respondent No. 1 is in occupation of the suit property since last more than 30 years and on the basis of adverse possession, the respondent No. 1 has become the Bhumi Swami of the suit property as having the hostile title. It was, alleged by the respondent No. 1 that the land bearing survey No. 173 was in two parts in the revenue record, i.e., 173/1 and 173/2. The survey No. 173/1 measuring 1.17 acres was recorded in the name of Madhya Pradesh Industries Ltd., Bhopal and survey No. 173/2 measuring 11.56 acres was recorded in t...
Sampat Kumar Dwivedi and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-20-2005
Reported in: II(2005)DMC448
ORDERU.C. Maheshwari, J.1. This revision petition, under Section 397 read with Section 401, Criminal Procedure Code (for short 'Cr.P.C.') is directed against the order dated 5.10.2004 passed by IIIrd Additional Sessions Judge, Satna in Sessions Trial No. 227/2004 whereby the charges under Sections 498A, 304B, 306, 302 read with Section 34 of Indian Penal Code (for short 'I.P.C.') are directed to be framed against the applicants and in pursuance of this order, the charges have been framed.2. As per prosecution story, Smt. Saroj Dwivedi got married with Sampat Kumar Dwivedi applicant No. 1 in the year 1993. Smt. Saroj Dwivedi committed suicide on 26.4.2004 by consuming some poisonous pesticides. After her death Marg was registered at the Police Station Jaitwara and after inquiry the offence was registered against the present applicants as they were relatives of the deceased.3. After holding investigation the charge-sheet was submitted under the above said sections of I.P.C. and after com...
Allahabad Bank Vs. Pramod Kumar Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2005
Reported in: AIR2006MP10; 2005(3)MPLJ158
N.K. Mody, J. 1. Being aggrieved by the judgment and decree dated 7th July, 1993, passed by IIIrd Addl. District Judge, Rewa, in Civil Suit No. 3-B/90 the present appeal has been filed.2. Short facts of the case are that the appellant which is a nationalised bank, filed a suit against the respondents on 4-7-1984 for realisation of a sum of Rs. 43,506/- alleging that the loan of Rs. 14,285/- was sanctioned on 24-12-1980 to the respondent No. 1 for construction of Well and purchase of Diesel Engine and Pump sets, on his application dated 12-10-1980. After execution of the documents on 24-12-1980, a sum of Rs. 8,285/- and Rs. 2000/- were disbursed to the respondent No. 1 on 29-12-1980 and 6-1-1981 respectively. It was further alleged that since the loan amount was for agricultural purposes, therefore, the same was repayable along with interest within a period of 5 years in 10 six monthly instalments. It was alleged that respondents No. 2 to 4 stood as sureties for the aforesaid loan amoun...
D.N. Rai Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-19-2005
Reported in: 2005(3)MPHT120; 2005(3)MPLJ120
ORDERArun Mishra, J.1. Petitioner in this writ petition has assailed an Order (P-2), dated 23-7-94 of termination of his services passed by the Commandant, Central Industrial Security Force.2. It is averred in the petition that petitioner was recruited as Constable on 1-4-90 at NTPC, Shaktinagar, District Mirzapur (U.P.) as a member of the Central Industrial Security Force. Petitioner was posted from November, 1992 to February, 1994 as a Constable at CISF Unit, Eastern Coal Field Ltd., Seetalpur Campus Lalmatia, District Burdwan (West Bengal). He was transferred to Beladella Iron Ore Project (BIOP), Deposit-5, Bacheli, Bastar (M.P.). While he was posted at Lalmatia, and incident took place during the intervening night 5th and 6th June, 1993 fn which a local miscreant un-authorisedly entered the CISF unit area with an intention to commit theft, on raising alarm the miscreant was caught hold of by some of the Constables of Unit and was given beating. It is further alleged that the said m...
Commissioner of Commercial Tax Vs. Arpit Traders
Court: Madhya Pradesh
Decided on: Jan-19-2005
Reported in: [2006]145STC431(MP)
ORDER1. The decision rendered in this application shall also govern disposal of I.T.R. Nos. 119 of 2000, 120 of 2000, 121 of 2000, 122 of 2000, 124 of 2000, 125 of 2000, 126 of 2000, 127 of 2000 and 148 of 2000 as in all these applications common question of law and fact involved as was seen from the order of the Tribunal out of which all these applications arise. It is for this reason, this common decision is rendered which will govern disposal of all the aforementioned cases. 2. This is an application made under Section 44(2) of the Madhya Pradesh General Sales Tax Act, 1958 (since repealed) by the Commissioner of Commercial Tax, M.P., Indore, consequent upon the dismissal of their application made under Section 44(1) of the Act by a common order dated August 17, 1999 in Reference Nos. 990-PBR of 1999, 991-PBR of 1999, 993-PBR of 1999, 994-PBR of 1999, 995-PBR of 1999, 996-PBR of 1999, 997-PBR of 1999, 998-PBR of 1999, 999-PBR of 1999, and 1002-PBR of 1999 which in turn arise out of ...
Man Singh Vs. Vidar Prakash and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: 2005(2)MPHT17
ORDERA.K. Awasthy, J.1. The appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the enhancement of the amount of Award dated 22-9-1995 in Claim Case No. 406/1987 passed by the learned First Member of Motor Accident Claims Tribunal, Mhow, District Indore, wherein the amount of Rs. 75,000.00 was awarded as compensation to the appellant with interest @ 12% p.a. from 8- 4-1993.2. It is not in dispute that the son of the appellant has died on account of the accident caused on 2-4-1987 by Truck No. DYL-727 and the truck was insured by respondent No. 3 - New India Assurance Company.3. The case of the appellant is that on 2-4-1987 at about 8.30 P.M. when the son of the appellant Radheshyam was going to supply the food, near the railway crossing at Simrol Road, Truck No. DYL-727, driven rashly and negligently by respondent No. 2 - Ram Kumar, struck him and Radheshyam succumbed to the injuries on the spot. That the age of Radheshyam was about 27 years an...
Sukhram Vs. Sarjubai and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: 2005(2)MPHT44
ORDERA.K. Awasthy, J.1. The appellant/defendant No. 1 has filed the Misc. Appeal under Order XLIII Rule 1 of the Code of Civil Procedure (hereinafter referred to as 'the Code') against the order dated 24-7-2003 passed in Civil Regular Appeal No. 10-A/2003 by learned XVIIIth Additional District Judge (Fast Track Court), Indore, whereby the judgment and decree dated 8-9-2000 passed in Civil Suit No. 255-A/1999 by learned 1st Civil Judge, Class-II, Indore, was set aside and the case was remanded to the Trial Court for retrial after impleading the two sisters of the appellant as a party in the suit under Order I Rule 10 of the Code.2. The admitted facts of the case are that respondent Nos. 1 and 2/plaintiffs are the wife and son of Badrilal. That Badrilal and appellant/defendant No. 1 Sukhram are the real brothers. It is also not in dispute that the suit property is ancestral and situated in Village Piplya, Tehsil & District Indore and that the defendant No. 1 is in possession of the alleg...
Union of India (Uoi) Vs. Poorti Metal Industries
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: 2005(2)MPHT199; 2005(2)MPLJ474
ORDERDipak Misra, J.1. In this appeal preferred under Section 39 of the Indian Arbitration Act, 1940 (for brevity, 'the Act'), the appellant has called in question the judgment and decree dated 7-5-2001 passed by the learned XII Additional District Judge in Civil Suit No. 21-A/1999 whereby he has directed the award passed by the arbitrator to be made rule of Court on the ground that the objection put forth by the present appellant under Sections 30 and 33 of the aforesaid Act was filed beyond limitation of thirty days. That apart, the learned Judge has observed that there is no merit in the said objection.2. Assailing the aforesaid order, it is submitted by Mr. Anoop Nair, learned Counsel for the appellant that the learned Trial Judge has committed gross illegality in making the award rule of Court by rejecting the objection, though there is enough material to show that the requisite grounds for setting aside the award under Section 30 of the Arbitration Act, 1940 were available. Learn...
Sermen (India) Road Makers Pvt. Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: 2005(3)MPHT292
ORDERDipak Misra, J.1. In this batch of civil revisions as singular question has emerged for consideration, it was thought seemly to hear the cases analogously and accordingly, they were heard together and are disposed of by this common order.2. The spinal issue that has spiraled to this Court is whether a contractor can approach the Final Authority under the contract at any point of time, or should there be an acceptable fixed normative procedure so that the conception of ad infinitum does not get a liberal entry to the arena of adjudication. In the cases at hand, the M.P. Arbitration Tribunal (in short, 'the Tribunal') has expressed the view that Article 113 of the Limitation Act, 1963 would be applicable from the date of accrual of cause of action, i.e., completion of work in question and, therefore, Section 7-B of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for brevity, 'the Act') would not save the lis and has to be thrown over board. To put it differently, whether a...
Praveen Kumar and ors. Vs. Deity Shri Vishnu Bhagwan, Shri Ram Chandra ...
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: AIR2005MP193; 2005(3)MPLJ39
S.K. Pande, J.1. Being aggrieved by the judgment-decree dated 28-9-89 passed by the Additional District Judge, Sehora in C.A. No. 10-A/88 reversing the judgment-decree dated 13-1-81 passed by the 1st Civil Judge Class-Il, Sehora in C.S. No. 64-A/77, plaintiff/appellants have preferred this appeal under Section 100, CPC.2. The appeal has been heard on the following substantial questions of law :-1. 'Whether Mathura Bai on her re-marriage had lost title to the suit property held by her deceased husband ?2. Whether the present suit filed by the plaintiff as heirs of Mathura Bai was rightly held to be barred by time ?'3. Late Reva Prasad was the owner of suit lands 37.66 acre Village Mandour, Tehsil Sihora, Distt. Jabalpur, fully described in para 8 of the plaint and schedule annexed thereto. Reva Prasad died in the year 1923 leaving behind Smt. Mathura Bai as his widow. Mathura Bai re-married one Nanhooram in the year 1924. From this wedlock daughter Gulab Bai was born. Mathura Bai died s...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›
- Last »