Madhya Pradesh Court April 2007 Judgments
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Lajjagiri and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: 2007(3)MPLJ314
ORDERA.K. Gohil, J.1. By order dated 8-10-2003 passed by Division Bench of this High Court this petition has been registered as Public Interest Litigation.2. Respondent No. 3 has filed an application before the Sub-Divisional Officer, Morena claiming that his name be mutated in the revenue records in survey number 280 and 281 situated at Village Badokhar, Morena, which were originally held by his father. He contended that the Patwari without any opportunity has deleted the name of his father and recorded the land in the name of the State. The enquiry was held by SDO, Morena, who rejected the application filed by respondent No. 3. SDO Morena elaborately held that the matter was investigated by Tehsildar, Morena and held an enquiry, in which he found that the land is recorded as 'Bhumi Pokhar Nistar' and nobody has made encroachment thereon as on the spot it is in the shape of a pond filled with water. S.D.O. found that both the khasra numbers were recorded in the name of Ramsingh and ot...
Poonamchand Vs. Murti Madanmohanji and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: 2007(3)MPHT24; 2007(3)MPLJ340
ORDERAbhay M. Naik, J.1. Petition has been preferred against the order dated 30-11-2006 (Annexure P-1) rejecting thereby an application dated 11-12-2003 submitted under Section 10 of the Code of Civil Procedure.2. Short facts leading to the petition are that the petitioner purchased the suit property vide registered sale deed dated 7-4-1978 from one Sohanlal Pujari for a consideration of Rs. 40,000/-, Manager Court of Wards (Tehsildar) Ratlam, on an application submitted before him by Sanatan Dharm Sabha, Ratlam, declared it as a Government property. Petitioner challenged it by instituting Civil Suit No. 143-A/98. He prayed for declaration of title in his favour. Permanent injunction was also sought against the State of Madhya Pradesh as well as Manager Court of Wards to the effect that the mutation in favour of State of Madhya Pradesh in the record of Municipal Corporation, Ratlam may be deleted. Copy of the plaint is on record as Annexure P-6. The suit was contested by the then defen...
Rama and Company Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: 2007(3)MPHT325; 2007(3)MPLJ154
Subhash Samvatsar, J.1. This judgment shall govern the disposal of above mentioned writ appeals.2. These appeals are filed by the appellant being aggrieved by the order dated 2-2-2000 passed by the learned Single Judge of this Court in W.P. No. 543/1999 and connected petitions. Initially these appeals were registered as LPA No. 39/2000, LPA No. 38/2000, LPA No. 36/2000 and LPA No. 35/2000 but were dismissed by this Court vide order dated 28-8-2006 on the ground that LPA is not maintainable in view of judgment of the Supreme Court in the case of Jamshed N. Guzdar v. State of Maharashtra : AIR2005SC862 . However, the said appeals were again restored and registered as writ appeal after coming into force of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred to 'the Adhiniyam, 2005').3. Brief facts of the case are that the Excise Department had auctioned 19 shops of Group No. 1 including 2 shops of country liquor. The appellant M/s. Rama and Co...
New India Assurance Co. Ltd. Vs. Smt. Kusumbai and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: 2007ACJ2047; 2007(3)MPHT371
1. Appellant-Insurance Company being aggrieved by the award passed on 31-1-2000, by the Additional Motor Accident Claims Tribunal, Gohad in Claim Case No. 15/99 has filed this appeal under Section 173 of the Motor Vehicles Act, 1988.2. Brief facts of the case are that on 4-3-1998 one Munnasingh alias Indraveer Singh was going from Gohad Chauraha to Sikara via Mahgaon sitting in a Jeep No. MP-06-B-6279. At Birkhadi bus stand the said Jeep was stopped. He was crossing the road to ease himself. In the meantime one Metador bearing No. MP-07-G-1735 came from the side of Bhind, which was being driven by respondent No. 2. It was alleged that the driver of Metador was driving the said vehicle rashly and negligently hit the deceased Munnasingh while crossing the road, as a result of this accident, Munnasingh died on spot. The said Metador was owned by respondent No. 4 and insured with the respondent No. 5. Matter was reported to P.S. Gohad Chauraha, where crime was registered, matter was invest...
Vidushi and ors. Vs. Gita and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: 2008ACJ2166
S.K. Kulshrestha, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988, assails the award dated 13.5.2005 in Claim Case No. 93 of 2004 passed by the Twelfth M.A.C.T., Indore insofar as it awards only a sum of Rs. 21,80,000 for the death of Commander Rajbahadur Singh Parmar in motor accident as against the claim of Rs. 1,50,00,000.2. On 14.1.2004, Commander Rajbahadur Singh, his daughter Shreya and Prakash Chauhan, her daughter Chandrika and Jainu were travelling in Toyota Qualis bearing registration No. DL 9C-G 4775 from Delhi to Indore. Vehicle was being driven very carefully by its driver but near Guna, a truck bearing registration No. MP 07-G 1352 came from the opposite direction being driven rashly and negligently and collided with the said Toyota Qualis. The six persons travelling in the vehicle died. A report of the incident was made to the police and a case was registered against its driver.3. Claiming that salary of Commander Rajbahadur Singh Parmar was Rs. 28,260...
Jagdish and ors. Vs. Naresh Soni and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2007
Reported in: 2007(3)MPHT234; 2007(2)MPLJ543
Sanjay Yadav, J.1. The solitary issue which crops up for consideration in the present first appeal filed at the instance of unsuccessful plaintiffs, viz., husband, sons and daughter of the deceased Basanti Devi, who died of electrocution, is whether the Trial Court was justified in non-suiting them on the ground that the negligence of Madhya Pradesh Electricity Board (hereinafter referred to as 'MPEB') was not proved in the suit for damages.2. The relevant facts leading to aforesaid controversy is that on the fateful night of 10-7-1997 when the said Basanti Devi came out of her house, came in contact with the live electric wire, in which the electricity was flowing and the electric shock received by Basanti Devi, resulted in her death. A damage suit was filed in the Court of District Judge Bhind, registered as Civil Suit No. 9A/97 ED and a neighbour Naresh Soni and the Madhya Pradesh Electricity Board were impleaded as the defendants. The averments were that Naresh Soni had in clandest...
Manohar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-02-2007
Reported in: 2007(3)MPHT349
ORDERA.K. Saxena, J.1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail.2. The short facts for the disposal of this bail application are as follows:Crime No. 621/06 has been registered by Police Station, Moghat Road, Khandwa under Section 306 read with Section 34 of IPC against the applicant and co-accused. According to prosecution story, the applicant and co-accused used to demand money from the deceased Arun and for that, they used to torture him. They also threatened him to implicate in a false case. The deceased Arun had also paid the amount for several times to the accused persons, but ultimately he committed suicide because of the torture caused to him by all the accused.3. An application for regular bail was filed in the Sessions Court by the applicant and the same was dismissed on 7-2-07 on the ground that earlier bail application of the applicant was dismissed and thereafter, there is no material chang...
Amarjeet Singh Vs. Narendra Kaur and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2007
Reported in: II(2007)DMC715
ORDERS.S. Dwivedi, J.1. The applicant/husband has preferred this revision petition under Section 397 of the Cr.P.C, feeling aggrieved by the order dated 30.11.2006 passed by Principal Judge, Family Court, Indore in M. Cr. C. No. 1165/2005, whereby ordered for grant of maintenance amount of Rs. 3,000 in favour of the non-applicant No. 1, wife and Rs. 1,500 per month in favour of the non-applicant Nos. 2 and 3, minor children.2. Briefly stated facts of the case are the non-applicant No. 1 Smt. Narendra Kaur is the legally wedded wife of the present applicant. Their marriage took place in January 1993 as per the customs prevailing in the Sikh family. During their wedlock the non-applicant No. 1 gave birth to non-applicant Nos. 2 and 3. It is alleged that after the marriage, husband started treating the wife with cruelty and also demanded dowry from her due to which the non-applicant No. 1, the wife had been forced to live separately at her parental house and her husband is not paying any ...
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