Madhya Pradesh Court November 2008 Judgments
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Ved Prakash and ors. Vs. Guru Granth Saheb Sthan and anr.
Court: Madhya Pradesh
Decided on: Nov-24-2008
Reported in: AIR2009MP134
ORDER1. This petition is filed challenging the order dated 21-4-2008 by First Additional Judge to the Court of First Additional District Judge, Panna in Civil Suit No. 10-A/2006 by which the trial Court rejected the application filed by the petitioners under Section 10 read with Section 151 of CPC, seeking stay of the civil suit during the pendency of criminal proceedings, in respect of subject-matter of the suit.2. The learned Counsel for the petitioners submitted that till the decision in criminal proceedings, the proceedings of the civil suit ought to have been stayed by the trial Court. He placed reliance to the judgment of the single Bench of this Court in New Bank of India v. Radhakishan and Co. 1988 JLJ 678. It was further submitted by Shri Das that when civil suit and the criminal case were based on same cause of action, the civil suit ought to have been stayed and filing of the written statement was of no consequence.3. Shri Ajay Ojha, the learned Counsel for respondent, submi...
Surajdeen and anr. Vs. Ramlal Baheliya and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2008
Reported in: 2009(3)MPHT157
ORDER1. The petitioners have assailed the order dated 2-9-05 by Third Civil Judge, Class I, Rewa in C.S. No. 47-A/05 by which petitioners' application under Order 6 Rule 17 of CPC seeking amendment in the plaint was rejected.2. Learned Counsel for the petitioners submitted that the amendment as prayed by the petitioners was based on subsequent events. During the pendency of the suit, respondents dispossessed the petitioners by raising a construction over the disputed land. Petitioner initially filed a suit seeking relief of perpetual injunction against the respondents. But the prayer of temporary injunction, during the pendency of this suit was rejected by the Court. Thereafter when the petitioners were dispossessed, petitioners filed an application seeking amendment of relief of declaration of title, possession and mesne profit. The Trial Court rejected the aforesaid application mainly on the ground that the proposed amendment shall change the nature of the suit and this will cause pr...
Smt. Kanaklatabai S/O Purushottam Vs. Parvatibai W/O Ramchandra BrahmI ...
Court: Madhya Pradesh
Decided on: Nov-20-2008
Reported in: 2009(1)MPHT505
S.K. Seth, J.1. This is defendant's second appeal against the concurrent judgment and decree passed by the II Additional Judge to the Court of District Judge, Shajapur in Regular Civil Appeal No. 16-A/96 whereby the appeal preferred by the appellant against the judgment and decree passed by the Trial Court was dismissed and the findings recorded by the Trial Court were affirmed.2. The appeal was admitted for final hearing and the following substantial questions of law were formulated:(1) Whether in the facts and circumstances of the case it is permissible in law to hold the sale-deed (Exh. D-3) as void merely on the ground that part of the agreed consideration had remained unpaid ?(2) Whether in the facts and circumstances of the case it is permissible in law to grant decree for declaration and perpetual injunction in the face of the sale-deed (Exh. D-3) ?(3) Whether the conclusion about non-delivery of possession is vitiated on account of conflict with direct evidence and on misreadin...
Farid and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-20-2008
Reported in: 2009(2)MPHT107
S.L. Kochar, J.1. The appellants/accused persons stood convicted under Sections 364-A and 347 of the Indian Penal Code and each is sentenced to suffer imprisonment for life and fine of Rs. 1,000/-. in default of payment of fine to suffer additional S.I. for two months and R.I. for one year and fine of Rs. 500/-, in default of payment of fine to suffer additional S.I. for one month respectively, with direction to run both the substantive jail sentences concurrently. Being dissatisfied by this judgment of conviction and order of sentence, the appellants have come up in appeal under Section 374(2) of the Code of Criminal Procedure, before this Court.2. According to the prosecution case, on 19-12-97 in the evening at 7.00 PM Gautam son of Bhanwarlal, resident of Anjar had gone to the office of Life Insurance Corporation of India, Barwani for some work. When he was returning back and reached near the establishment of Sarla Granite, appellants Farid, Nasir, Abid and Jakir reached near him in...
Kanhaiyalal Vs. Kamlesh Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-20-2008
Reported in: 2008ACJ364
S.K. Gangele, J.1. The appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 21.1.2003 passed by the Motor Accidents Claims Tribunal, Ganjbasoda in Claim Case No. 13 of 2000.2. On 10.5.2000, deceased Bhagwan Singh was sitting in a tractor bearing registration No. MP 04-4872. The tractor was coming after loading flagstone. Due to rash and negligent driving by the driver of the tractor, the tractor turned turtle and the deceased Bhagwan Singh who had been sitting in the trolley attached to the tractor, fell down and due to the aforesaid accident he died.3. The Claims Tribunal has held that the deceased died when he was sitting in the trolley attached to the tractor. Kalyan Singh in his evidence stated that the deceased Bhagwan Singh fell down from the trolley. The Claims Tribunal further held that the deceased died when he was travelling in the trolley which was attached to the tractor. The tractor was insured by the insurance company f...
Nirmala Bai and anr. Vs. Nityagopal @ Premnarayam and ors.
Court: Madhya Pradesh
Decided on: Nov-19-2008
Reported in: 2009(2)MPHT95
ORDERAbhay M. Naik, J.1. This appeal has been preferred by the appellants against the order dated 2-3-2005 passed by the Court of Fourth Addl. District Judge, Gadarwara, District Narsinghpur, in Succession Case Nos. 2/03 and 3/03.2. For the purposes of this appeal, the relevant pedegree is as follows: MANAKLAL ____________________________________|___________________________________________ | | Shantibai Rambai(wife) (wife)___|___________________________________________________________________ || | | | | | | Nityagopat Chandramohan Suiyakant Satyanarayan Smt. Godawari Smt. Saroj____|___ | | Nirmala Sunita3. From the pedegree, it is clear that Manaklal was earlier married to Shanti Bai. After her death, Manaklal married to Ram Bai. Respondents are legal heirs of Shanti Bai, whereas, appellants are legal heirs of Ram Bai. During the life time of Manaklal, a fixed deposit account was opened in the name of Ram Bai in the State Bank of India, Branch Saikheda, for a sum of Rs. 50,000/-bearing...
S.D. Tiwari Vs. Gurmeet Singh Alias Billu and anr.
Court: Madhya Pradesh
Decided on: Nov-19-2008
Reported in: 2009(1)MPHT525
ORDERAbhay M. Naik, J.1. This civil revision has been preferred against the impugned order dated 22-1-2008 passed by the Court of 1st Civil Judge, Class I, Chhindwara in Civil Suit No. 8-B/05 deciding thereby the preliminary issue Nos. 1 and 2 and holding thereby the suit of the plaintiff to be within limitation.2. Short facts involved herein are that the plaintiff/respondent No. 1 instituted a civil suit for recovery of damages to the tune of Rs. 50,000/- from the defendant/revisionist with the allegation that he was a registered contractor of forest department and used to purchase wood from the Government. He further used to transport it after its cutting in different sizes in his saw mill situated at Rambag, Chhindwara on the basis of transit pass. Once he was taking wood in this manner to Chennai through Nagpur. Revisionist at the relevant time was posted as Town Inspector at Police Station, Chhindwara. He stopped the truck of the plaintiff bearing registration No. NHG-4187 at Nagp...
Mukesh and Company Tobacco Products Pvt. Ltd. and anr. Vs. State of Ma ...
Court: Madhya Pradesh
Decided on: Nov-19-2008
Reported in: 2009(1)MPHT508
1. The petitioner by way of present writ petition filed under Articles 226 and 227 of the Constitution of India seeks multiple reliefs, ranging from challenge to Notice Inviting Tender dated 18-5-1990, the acceptance of the petitioners' offer vide letter dated 29-6-1990, undertaking given by the petitioners' on 7-7-1990, demand letter dated 26-9-1990 calling upon the petitioners to deposit an amount of Rs. 5,09,222.52 towards third instalment, demand letter dated 27- 10.1990 calling upon the petitioner to deposit Rs. 10,25,969.49 being the sum total of third and fourth instalments, notice dated 12-11-1990 calling upon the petitioners as to why in the wake of breach of the terms of contract the agreement dated 7-7-1990 be not terminated and an order dated 23-11-1990 terminating the agreement dated 7-7-1990 and forfeiting the security amount and directing the petitioners to deposit the entire unpaid amount. The writ of quo warranto which the petitioner sought in the writ petition was giv...
Kunwar Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-19-2008
Reported in: 2009(2)MPHT138
S.L. Kochar, J.1. The appellant has preferred this appeal against the impugned judgment dated 31-8-1999 passed in ST. No. 358/90 by learned II Additional Sessions Judge, Alirajpur (M.P.), whereby convicted the appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentenced to RI for life.2. According to the prosecution case on 23-2-1990 in the evening between 7 and 7.30 p.m., Kan Singh (Father of complainant Rai Singh) was returning back to his house. Complainant Rai Singh overhead his cry, on which rushed towards the place of incident, along with his younger brother Shankariya and wife Thawali, and saw that accused persons, in total, 7 in number was chasing Kan Singh. Complainant Rai Singh asked Kunwar Singh as to why he was trying to assault his father, on which accused persons replied that deceased Kan Singh assaulted Kunwar Singh by Falia, therefore, they will kill him. The accused persons shot arrow and caused injury to Kan Singh. Kan Singh, while running ...
National Insurance Co. Ltd. Vs. Ranjana Bhatnagar and ors.
Court: Madhya Pradesh
Decided on: Nov-19-2008
Reported in: 2009ACJ2641
S.K. Gangele, J.1. Both these appeals have been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 24.7.2002, passed by the Third Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 67 of 2001. M.A. No. 720 of 2002 has been filed by the insurance company and M.A. No. 739 of 2002 has been filed by the claimants. Because both the appeals have been filed against the same award, hence, both the appeals have been taken together and heard finally and disposed of by this common order.2. On 5.2.2001, Vijay Bhatnagar had been going to Shivpuri from Gwalior in a bus of Madhya Pradesh State Road Transport Corporation. It was dashed near Simariya Tiraha, Ghatigaon by a truck bearing registration No. MP 07-G 3742. Due to the aforesaid accident, the driver and other passengers died. Vijay Kumar Bhatnagar received serious injuries and fracture in his spinal cord, a fracture in tibia and fibula of left leg, fracture in collar bone, he also received injur...
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