Madhya Pradesh Court June 2005 Judgments
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Gyaneshwar Vs. Smt. Moongabai @ Muneshwaribai and anr.
Court: Madhya Pradesh
Decided on: Jun-24-2005
Reported in: 2006(1)MPHT287; 2006(1)MPLJ221
Abhay Naik, J.1. The present appeal arises out of dismissal of suit for specific performance by the Court of First Additional District Judge to the Court of District Judge, Balaghat, vide judgment and decree dated 26-4-1989, passed in Civil Suit No. 24-A/88.2. The plaintiff on 22-6-1985 instituted a suit for specific performance in respect of an immovable property in the nature of house and plot situated in the district of Balaghat. The property belonged to Kunwarlal, which was inherited by the defendants Moongabai and Parwatibai, both being his widows. Both widows entered into an agreement for sale of suit property to the appellant/ plaintiff, for a consideration of Rs. 65,000/-. Out of this amount, Rs. 10,0007-were received by defendants No. 1 and 2 and the balance amount was liable to the paid at the time of execution of the registered sale deed. It is further stated in the plaint that the plaintiff had been residing in the suit property during the life time of Kunwarlal. Possession...
Varsha Vs. Chhotelal Khan and ors.
Court: Madhya Pradesh
Decided on: Jun-24-2005
Reported in: IV(2005)ACC12
Shantanu Kemkar, J.1. Feeling aggrieved by the award passed on 6.2.2002 by the I Member, Motor Accident Claims Tribunal, Shajapur in Claim Case No. 66/2001, the appellant/claimant has filed this appeal for enhancement.2. As per the claim petition on 3.1.2001 the appellant was a pillion rider on motorcycle. Her father Brijmohan was driving the said motorcycle. At Ahsanpura crossing towards Sarangpur on Agra-Bombay Road a truck bearing registration No. MP 014/6911 owned by the first respondent, driven by second respondent and insured with the third respondent came in an excessive speed and dashed the motorcycle as a result of which the appellant as also her father suffered grievous injuries. The appellant stated that her both hands were fractured, plating was done and she suffered permanent disability. The appellant, therefore, filed a claim petition seeking compensation of Rs. 6,00,000/- from the respondents.3. The respondent Nos. 1 and 2 did not file any reply and remained ex parte. Th...
Preeti Vs. Banti and anr.
Court: Madhya Pradesh
Decided on: Jun-24-2005
Reported in: IV(2005)ACC250; 2006ACJ2330; 2006(2)MPLJ5
Shantanu Kemkar, J.1. This is claimant's appeal against the award dated 11.4.2002 passed by the Seventh Additional Member, Motor Accidents Claims Tribunal, Indore, in the Claim Case No. 35 of 2001. 2. As per the claim petition on 2.10.95, owner and driver of moped No. MP 09-P 3582, respondent No. 1, while driving it rashly and negligently dashed the appellant. The appellant received grievous injuries on her face. The appellant therefore filed a claim petition seeking compensation of Rs. 3,00,000 from the respondent owner and insurer of the vehicle.3. Respondents resisted the claim and denied the averments made by the appellant. The Claims Tribunal after recording the evidence held that the respondent No. 1 was negligent in driving his vehicle and awarded compensation of Rs. 32,000 to the appellant with interest at the rate of 9 per cent per annum.4. Feeling aggrieved by this the appellant has filed this appeal for enhancement. The appellant contended that the Claims Tribunal has erred ...
Baijnath Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jun-23-2005
Reported in: 2005(4)MPHT132; 2005(3)MPLJ540
ORDERA.K. Shrivastava, J.1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the pregnability of the Revenue Recovery Certificate (hereinafter referred to as 'RRC') dated 19-8-99 (Annexure P-1) being void, illegal and against the law. The petitioner has further prayed to declare by appropriate writ or order that the impugned action of the respondents is arbitrary, illegal and without any authority, power and jurisdiction.2. As per the averments made in the petition, the petitioner is a B-class contractor. He entered into an agreement with the respondents for construction of Dammari approach road from 0 km. to 3 kms. His tender was accepted being the lowest and he was directed to complete the work within 4 months, i.e., upto 30-9-1984. The petitioner commenced his work from 1-4-1984 and looking to the approaching rainy season completed maximum possible work. The petitioner, on the basis of accepted measurement, submitted ...
Smt. Indu JaIn Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jun-23-2005
Reported in: 2005CriLJ3795; 2005(4)MPHT230
Dipak Misra, J.1. The inscription on Statue of the Liberty reads as under :'...Give me your tired, your poor.Your huddled masses yearning to breathe free.The wretched refuse of your teeming shore.Send these, the homeless, tempest-tost to me.I lift my lamp beside the golden door!'The conception of liberty has paramountancy in a Welfare State and the Preamble of the Constitution has given substantial and profuse importance on the same. It is to be remembered that when liberty is lost the breath of life gets into oblivion. In the name of interrogation when a person in charge of the investigation burns the civilized notions and guillotines the fundamental element of law, humanity has to be the laser beam, for our compassionate constitution has emphasized on the humane facets and there has been amplification and expansion of human rights and no authority has power or prowess to vivisect and dismember the same, or to put it differently, get the said perception atrophied. When a Senior Office...
Baboo Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-23-2005
Reported in: 2005(4)MPHT210
A.K. Gohil, J.1. This judgment shall govern the disposal of both the aforesaid criminal appeals. On an allegation that Mangaliya and Mori were shot dead by the appellants in furtherance of their common intention both the appellants were prosecuted in Sessions Trial No. 255/90 for the charges under Section 302 and in alternative under Section 302/34 and both have been convicted under the aforesaid sections vide judgment dated 28-2-92 and sentenced to life imprisonment. Against which they have preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, challenging their conviction and sentence.2. As per prosecution story, in the night of 18-6-90 deceased Mangaliya and Mori were staying in the field of Ram Baboo near the field and tubewell of Kunwarsingh at Village Nand-ka-pura in their tents together with Gopal, Girdhari, Augad, Aman and others and they were carrying herd of sheeps, cattle and goats. They had come from Rajasthan. In the midnight after 2 o'clock so...
Ravi Bhatt Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jun-23-2005
Reported in: [2005(107)FLR968]
S.K. Seth, J.1. Shri Piyush Mathur, learned Counsel for the petitioner.Shri S.P. Joshi, learned Dy, Government Advocate for respondents.Heard on the question of admission,Petitioner is aggrieved by the order dated 2-6-2004 passed by the Collector, Ujjain whereby the petitioner has been placed under suspension for the reasons assigned therein. The only contention pf the petitioner is that the Collector is neither the appointing authority of the Chief Municipal Officer nor the disciplinary authority so far as Chief (Municipal Officer of a Municipality is concerned. The Collector is not even authorised as is contemplated under Rule 9 of the M.P. Civil Services (Classification, Control and Appeal Rules, 1966, therefore, the suspension order is bad in law.Looking to the contentions, a show-cause notice was issued to the respondents and in response, they have filed a reply. In the reply, it has been stated that the action of the Collector has been ratified by the State Government, therefore,...
Smt. Janki Bai Vs. Prem Narayan Kushwaha
Court: Madhya Pradesh
Decided on: Jun-22-2005
Reported in: AIR2006MP1
ORDERDipak Misra, J. 1. The respondent-husband filed an application for divorce under Section 13 of the Hindu Marriage Act, 1955 (for brevity 'the Act') and the petitioner-wife initiated civil action under Section 24 of the Act before the learned 4th Additional District Judge, Chhatarpur forming the subject-matter of H.M. Case No. 13-A/2003. During the pendency of the said proceedings the wife-petitioner filed an application under Section 24 of the Act for grant of interim maintenance and litigation expenses. The learned District Judge by order dated 25-4-2003 granted maintenance allowance at the rate of Rs. 500/- per month and Rs. 1000/- towards litigation expenses.2. After the said order was passed as per Annexure-P/1 the respondent filed an application under Section 151 of the Code of Civil Procedure (for short 'the CPC) on 15-9-2003 highlighting that the behaviour of the wife/non-applicant was extremely cruel to him and in fact, she had tried to extinguish his life spark by adminis...
P.K. Shukla Vs. Mandla Balaghat Regional Rural Bank and ors.
Court: Madhya Pradesh
Decided on: Jun-22-2005
Reported in: [2006(109)FLR122]; 2006(1)MPHT153; 2006(1)MPLJ309
ORDERK.K. Lahoti, J.1. Petitioner has sought following reliefs in this petition :-(a) Command the respondent Nos. 1 and 2 to produce entire records of the disciplinary enquiry proceedings against the petitioner for perusal of the Court; and(b) On perusal of the records above said, may be pleased to quash Annexures P-5, P-6, P-7 and P-8; and(c) To direct the respondents to pay full back wages for the period of suspension alongwith interest at the prevailing bank rate of interest, i.e., 18% per annum; and(d) To pass such other order as may be found suitable in the circumstances of the case; and(e) To direct the respondent Nos. 1 and 2 to take suitable criminal proceedings against the respondent Nos. 3 and 4 for fabricating false evidence in order to harass the petitioner and to award damages for agony caused to the petitioner by them.2. The petitioner has challenged orders : Annexure P-5, dated 11-5-1992, by which the Disciplinary Authority has punished the petitioner in a departmental e...
Gaya Prasad Pandey and anr. Vs. Yatindra Kumar Chaturvedi and ors.
Court: Madhya Pradesh
Decided on: Jun-22-2005
Reported in: II(2006)ACC162; 2005(3)MPLJ373
A.K. Shrivastava, J.1. This appeal has been preferred by the claimants for the enhancement of the award under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') being dissatisfied by the amount of award passed by IInd Motor Accident Claims Tribunal, Rewa (hereinafter referred to as 'the Tribunal') in Claim Case No. 12/99.2. In brief the case of appellants/claimants is that on 5th January, 1999 their son Satyanarayan (hereinafter referred to as 'the deceased') having age of 12 years, was going to the school (as he was the student of Class VI) in the jeep. The deceased and his friends requested the driver to stop the jeep and when the deceased was g alighting from the jeep, at that juncture the driver, all of a sudden started and drove the jeep in negligent manner, as a result of which the deceased fell down on the road and sustained injuries. He was carried to Medical College at Rewa, however, on the way, he breathed his last.3. The claimants, who are the parents of the de...
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