Court : Madhya Pradesh
Decided on : Dec-10-2003
Reported in : II(2004)DMC356
S.L. Kochar, J.1. This appeal has been directed against the judgment dated 13th June, 1997, passed by learned Sessions Judge, West Nimar, Mandleshwar in Sessions Trial No. 178/1996, whereby convicted the appellant for commission of murder of his wife, sentenced to R.I. for life.2. In nutshell, the prosecution case was that deceased Ayodhyabai was married before 10-12 years according to their village custom called Natra. In that (evening sic.) the appellant was beating his wife, deceased Ayodhyabai, who was running here and there to save her. But nobody rescued her because of fear of the appellant. Thereafter he had given electric current by live electric wire on several parts of the body resulting into her death and thrown dead body in the morning at 4.00 a.m. of 26.9.1995 outside his house and after putting the lock outside the door of his house, he went away. The incident was witnessed by mother of the deceased Gendabai (P.W. 2) who was residing in adjacent to the house of the appell...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-06-2003
Reported in : I(2004)DMC499
..... ghisaji was alive and the first husband of defendant no. 1 was alive. in these circumstances the marriage between the defendant no. 1 and ghisaji was void under section 5 of the hindu marriage act.11. it is not in dispute that plaintiff kamlabai is the daughter of the real brother of ghisaji. consequently, after the death of ghisaji intestate the daughter ..... ghisaji was not alive. learned counsel for the appellant has alleged that in view of the fact that the alleged marriage of defendant no. 1 was void under section 5 of the hindu marriage act. the defendant no. 1 will not get the right in the property of late ghisaji and as such the sale deed executed by the defendant no. 1 ..... a.k. awasthy, j.1. appellant/plaintiff has filed this appeal under section 96 of the cpc against the judgment and decree dated 30.8.1999, passed by additional district judge barwah, district west nimar in civil suit no. 2.a/92, dismissing .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-2003
Reported in : I(2004)DMC765
..... , arising out of which a criminal case under sections 498a, 406 and 506, ipc and section 3/4 of the dowry prohibition act is pending in the court of j.m.f.c. gwalior. the applicant has alleged that ..... divorce be also transferred to family court at gwalior for its adjudication.4. in view of the aforesaid circumstances the application under section 24 of the cpc filed by the applicant for transfer of the case deserves to be allowed. consequently, it is ordered that ..... at gwalior railway station on 27.10.2000. it is further pleaded by the applicant that she has filed an application under section 125, cr.p.c. before the court of c.j.m. gwalior and has also lodged a report against the non-applicant ..... on account of the petition filed by the applicant a case under section 125, cr.p.c. and another case under sections 498a, 406 and 506, ipc and section 3/4 of the dowry prohibition act is pending in different courts at gwalior. the applicant is a housewife .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-31-2003
Reported in : 2003(3)MPHT158; 2003(2)MPLJ408
..... 6. shri s.d. sanghi, learned senior counsel also argued more or less on the same lines and went a step ahead contending that the proviso to sub-section (1) of section 115 comes into play only when the court sits to decide the revision finally. according to him, every order, final or interlocutory, against which no appeal lies ..... a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,the high court may make such order in the case as it thinks fit.' 9. by the amendment of ..... rule of caution as mentioned by justice g.p. singh in his salutary book 'principles of statutory interpretation', already extracted hereinbefore that 'the power of revision under section 115 which can be excluded by legislative enactments is construed as not readily excluded except by express provision to that effect'. similar caution is contained in the full bench .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-03-2003
Reported in : 2004CriLJ2311; 2004(1)MPLJ353
..... .w. 3 brought the appellant harsan bai to live with him as his concubine and it was natural for chandrakala who was legally wedded wife of dhaniram to protest this act of dhaniram. she immediately left for parental home and called a panchayat. in panchayat she proposed that half of the property of dhaniram should be transferred in the name of ..... (see joharlal das v. state of orissa) air 1991 sc 1388 : (1991 cri lj 1809).we accordingly accept the appeal, set aside the conviction and sentence of the appellant under section 302 ipc and acquit her. appellant is on bail. her bail bonds are discharged. ..... 1. appellant harsan bai stands convicted under section 302 of the ipc with sentence of imprisonment for life vide impugned judgment dated august 10, 1990, passed by the additional sessions judge, balaghat, in s.t. no. 64/90. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC53; 2004ACJ1961
..... income as rs. 1,500 per month and the dependency as rs. 1,200 per month and rs. 14,400 per year. as per second schedule appended to section 163a of motor vehicles act, for a non-earning person the notional income to be taken into consideration is rs. 15,000 per year. pw 1 kailashibai, who is the wife of the ..... deepak verma and a.k. gohil, jj.1. appellants-claimants have filed this appeal under section 173 of motor vehicles act, for enhancement of compensation, being aggrieved against the award dated 17.3.2001 passed by second additional motor accidents claims tribunal, mandsaur, in claim case no. 34 of 2000.2. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-03-2003
Reported in : II(2004)ACC154; 2004ACJ109; 2003(3)MPHT96
ORDERBhawani Singh, C.J.1. Through this appeal, award of Motor Accidents Claims Tribunal, Mandla in Claim Case No. 36 of 1998 dated January 18, 1999 has been challenged. 2. Briefly stated, appellants arc parents and brother and sisters of Rajesh Kumar Kuchwaha (21) who died in the motor accident on February 22, 1995 when Truck No. CPK 7955 driven by Anand Kumar Patel, owned by Arvind Kumar and insured with National Insurance Company Limited, hit truck No. MPQ 6636 which was being repaired by the deceased at the relevant time. Allegation is that the accident took place due to the negligence of driver of Truck No. CPK 7955. Deceased was earning Rs. 2000/- per month by way of salary and Rs. 1000/- as Mechanic with Hind Motor Garage, Mandla. As a result of this accident, the truck he was repairing fell on him resulting in serious injuries on feet, thigh, waist, knees, buttock and chest. He was taken to hospital for treatment but he died on the way. Compensation of Rs. 17,60,000/- is claime...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC229; 2005ACJ55
..... insurance company on the ground that from the registration of the vehicle, the weight of the vehicle in question was seen to be 7155 kg. and as per section 2 of motor vehicles act, a vehicle having weight up to 7500 kg. comes within the purview of light motor vehicle, therefore, the vehicle involved in this accident was a light motor vehicle ..... was rightly considered as 32 years, thus, it is obvious that the tribunal has not applied a proper multiplier in this case. as per second schedule of the motor vehicles act, 1988 for the age group of 32-35, the proper multiplier is 17 instead of 12. so far as the income of the deceased assessed by the tribunal is concerned ..... verma and gohil, jj.1. this appeal is directed under section 173 of the motor vehicles act, 1988 against the award dated 10.2.2000 passed by xv addl. m.a.c.t., indore in claim case no. 9 of 1999 for enhancement of compensation.2. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-08-2003
Reported in : [2003(97)FLR408]; (2003)IILLJ788MP; 2003(3)MPHT179
..... classified as workman whereas respondent can be classified as an industry. in a situation like the one, the petitioner can always invoke the provisions of section 10 of industrial dispute act by approaching to state government and seek reference to a labour court for adjudication of legality of his termination order. there is no reason why the ..... of the dismissal order.3. in my view learned counsel for the respondent seems to be right in his submission. the question whether references under section 10 of i.d. act can be regarded as an alternative and efficacious remedy or riot for entertaining the writ, came up for consideration before the supreme court in the case ..... of respondent which happens to be a government company is two fold. according to them firstly the remedy of petitioner is to seek reference under section 10 of the industrial dispute act for getting the issue of dismissal decided by the labour court and hence this court should not entertain the writ. in the second place, it .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : [2003(97)FLR410]; (2003)IILLJ789MP
..... submitted by the respondent no. 2 under section 25o of the act, giving rise to filing of this writ challenging the same.2. the petitioner is an union of employees working in the respondent no. 2. it is the case ..... basis it has come to a conclusion that the respondent no. 2 cannot be regarded as an industrial establishment within the meaning of section 25l(a)(i) of the industrial disputes act read with section 2(k) of the factories act.4. in the absence of any reasons assigned and also in the absence of any material, i am unable to uphold the ..... department) addressed to the respondent no. 2 where it is held that since the respondent no. 2 is not an industrial establishment within the meaning of section 25l(a)(i) of the industrial disputes act, 1947 and hence no relief can be granted to respondent no. 2. it is on this ground the state has declined to entertain the application .....
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