Court : Madhya Pradesh
Decided on : Mar-05-1991
Reported in : I(1992)DMC263
B.M. Lal, J.1. Applicant Smt. Yashoda Sharma filed a matrimonial suit against her husband non-applicant Suryabali Yadav under Section 11 of the Hindu Marriage Act, hereinafter called the Act. She also filed an application for amendment of the plaint introducing that house bearing No. MIG-4 Bodabag Colony, Rewa is her property and her husband non-applicant Suryabali Yadav be restrained from interfering with her lawful possession. This application of amendment was rejected by the trial Court by the impugned order dated 4.10.986 holding that the proposed amendment changes the nature of the original suit as framed and filed under Section 11 of the Act.2. It appears that while passing the order, the trial Court has escaped the attention of the provisions of Section 27 of the Act. The provisions of Section 27 of the Act extends jurisdiction to the Matrimonial Court that in any proceedings under the Hindu Marriage Act, the Court may make such provisions as it deems just and proper with respec...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-08-1991
Reported in : 1991(0)MPLJ933
ORDERS.K. Dubey, J.1. This first appeal is by the plaintiff aggrieved of the judgment and decree of the trial Court (Court of Third Additional Judge to the Court of District Judge, Morena), whereby the suit of the plaintiff for recovery of Rs. 22,900/- was dismissed.2. The plaintiffs case, in short, is that defendant/Municipal Council, Jaura, by accepting two tenders dated 1-2-1974, and then by order of the Chief Municipal Officer, Jaura, contracted with the plaintiff to execute certain construction work. The agreement was entered into in respect of the two tenders but no agreement was entered into in relation to construction of seven roads, which was given to the plaintiff on 15-1-1975 for 6 roads, and on 22-1-1975 for one road. Part payments were made from running bills, but when after completion of works, the full payments were not made, the plaintiff after correspondence issued notices, the last of which is dated 14-11-1977. After receipt of the notice a cheque of final payment was...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-11-1991
Reported in : I(1992)DMC222
K.M. Agarwal, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, the 'Act') by the husband against dismissal of his petition for divorce under Section 13 of the Act.2. It is not disputed that on 26.3.1983 the appellant was married with the respondent. They have two daughters out of their wedlock. The appellant filed a petition for divorce on the ground of cruelty. The respondent resisted the petition by denying the allegations made against her. The petition was dismissed by the Court below. Being aggrieved, the husband has perferred this first appeal under Section 28 of the Act.3. On 3.1.1991, the learned Counsel for the parties were heard and at their request they were permitted to file written arguments on or before 5.1.1991. On 5.1.1991 an application was made for extending the time till 7.1.1991 for the purpose of filing written arguments. Although no orders were made on this application for extension of time, written arguments were filed in the Cour...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-02-1991
Reported in : 1991CriLJ2153
ORDERS.K. Dubey, J.1. This reference under Order XLVI, Rule 1, Civil Procedure Code (for short, the 'CPC'), is made by Civil Judge, Class I, Shivpuri, in Miscellaneous Judicial Case No. 1/1978, whereby the Court, on its own motion, entertained a doubt and after drawing up a statement of facts of the case, has referred the following three points for decision of this Court :--v D;k vij l= U;k;k/kh'k ds}kjk lquokbZ dh tkus okyh dfFkr vihy dsoy in uke xyr fy[k nsus ls vihy dk fu.kZ;,oa vkns'k voS/k ,oa 'kqU; gks tkrk gSAc D;k O;ogkj U;k;ky; oxZ 1/kkjk 341 n.M izf;k lafgrk vkSj /kjk 1952 n.M izf;k lafgrk ds vUrxZr vijftyk U;k;k/kh'k ;k vij l= U;k;k/kh'k vFkok nksuksa dk iz'kkfud :I ls v/khuLFkU;k;ky; jgrk gSd D;k dfFkr iz'uksa dsmkj ds voyksdu esa vij l= U;k;k/kh'k ds }kjk vkijkf/kd iqujkosnu 85 @ 79 ,oavijkf/kd iqujh{k.k ekad 39 @ 1979 tcyiwj ykW tujy i`'B 146 xuiryky fo#yk;dpUn ds voyksdu esa cU/kudkjd jgrs gSaA2. Before dealing with the points, few facts need be mentioned : Khyali Chandr...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-25-1991
Reported in : II(1992)DMC486
V. Bhardwaj, J.1. This is an appeal filed by the convict appellant against his conviction Under Section 304B I.P.C. and the sentence of 7 year's R.I. imposed on him by the VIIIth Addl. Sessions Judge, Indore.2. The prosecution case is that on 11.8.87 one Ashok Kumar S/oSunderlal filed a F.I.R. that deceased Ushabai W/o Rameshwar had died because of burn injuries suffered by her. On investigation it was found thatUshabai was married to Rameshwar 3 years prior to the incident. Her husbandwas not treating her well and was demanding money for purchase of Luna byway of dowry. A case of dowry death was, therefore, registered and afterfurther investigation the accused/appellant Rameshwar was prosecuted on acharge Under Section 304B I.P.C. On trial the accused/appellant was convicted andsentenced as mentioned above.3. Aggrieved by the conviction and sentence the appellant has filedthis appeal.4. Shri J.P. Gupta, Senior Advocate appearing for the appellantsubmitted that the conviction is not ba...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-08-1991
Reported in : 1992(0)MPLJ229
ORDERV.S. Kokje, J.1. This is a petition by a Commissioned Officer of the Indian Army challenging the proceedings of Court-Martial initiated against him. The petitioner was commissioned in the Indian Army on 14th December, 1958 as a Second Lieutenant. Gradually he rose to his present substantive rank of Brigadier. From Feb., 1988 to April 1989, he was posted at Agra as Commandant Para Regimental Centre. In April, 1989 he was given acting rank of Major General and was posted as General Officer Commanding Vth Mountain Division in Eastern Command.2. In July, 1989 the petitioner was called to Agra as a witness in Court Martial proceedings going on against one Major Mahapatra. He reported for this purpose on 13-7-1989 at Agra. After the petitioner left Agra in April 1989, Brig. Lognathan took charge as Commandant Para Regimental Centre at Agra. He reported certain financial irregularities and a Court of Enquiry was instituted to enquire into the financial irregularities in the Para Regiment...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-13-1991
Reported in : I(1992)DMC24
R.K. Verma, J.1. This an appeal filed by the husband against the judgment and decree dated 29.3.1989 passed by the Ist Additional Judge to the Court of the District Judge, Dewas in civil Suit No. 6-A of 1988 whereby the appellants application under Section 12 of the Hindu Marriage Act has been dismissed.2. The facts giving rise to this appeal, briefly stated, are as follows:The appellant-applicant filed an application for divorce under section 13 of the Hindu Marriage Act on the ground of adultery. The appellant husband Ramesh chandra alleged that he was married to the respondent Padmabai on 17.6.75 in Shivpurkalan, District Morena, in accordance with Hindu rites and custom. After marriage Padmadai stayed for two days and then returned to her Parents. On 21.2.76 'Gaun' ceremony was performed and the husband Ramesh chandra took her to Ujjain on 23.2.76 where they lived together upto the 4th week end of March. Thereafter Padmabai went with her father to her parents house. In the first we...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-04-1991
Reported in : AIR1991MP205; I(1992)DMC96; 1991(0)MPLJ625
D.M. Dharmadhikari, J. 1. This is an appeal by the wife/respondent under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), against the decree dated 5-5-89 passed by the Court of Second Additional Judge to the Court of District Judge, Raipur, declaring her marriage with the respondent/ wife as nullity under Section 12(1)(b) and (c) of the Act. By the judgment and decree under appeal, the trial Court accepted the case of the husband/ plaintiff that the wife was suffering from the mental disorder of the type 'schizophrenia' at the time of their marriage.2. The facts not in dispute are that the parties were married on 22-5-1986. They lived together immediately after the marriage between 23-5-1986 and 4-6-1986 for about 12 days in the first instance. Thereafter the wife had gone back to her parents for a few days and they again in the second period lived together between 13-7-86 and 20-7-86 for about seven days. The total stay of the wife with the husband wa...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-28-1991
Reported in : 1992(0)MPLJ173
ORDERR.D. Shukla, J.1. The petitioner is Deputy Divisional Manager posted at Balaghat and is an employee of the Rajya Van Vikas Nigam Limited, which is a Government Company within the meaning of Indian Companies Act, 1956. Petitioner challenges the impugned order dated 3-6-1991 (Annexure P-5), whereby the District Returning Officer, Balaghat (respondent No. 1) has placed him under suspension and has issued him the Charge-sheet on 6-6-1991 (Annexure P-6). Allegations are that the services of the petitioner from the Corporation were requisitioned during General Election and the petitioner is alleged to have remained absent to discharge duties of a Presiding Officer during the last election.2. A show cause notice on admission was issued in this case, pursuant to which the respondents filed a joint return. With the consent of counsel for parties the case was finally heard and is being disposed of by this order.3. Learned counsel appearing for the petitioner challenges the impugned order of...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-13-1991
Reported in : 1992(0)MPLJ262
P.N.S. Chouhan, J.1. On 27-2-1984 Kali Bai, aged 16 years, was extensively burnt at about 7.00 A. M. in her husband's house at village Bijora Khamaria, Police Station, Nohta, District Damoh. She was removed to district hospital, Damoh where she succumbed to her injuries at 1.00 AM on 28-2-1984. On the allegation that appellant No. 1, Smt. Medabai, the mother-in-law of the deceased, in the presence of her son appellant No. 2 Kalyan Singh, poured kerosene oil on Kalibai and set her ablaze the appellants were tried on charge of murder. The trial Judge convicted appellant No. 1 under Section 302, Indian Penal Code and appellant No. 2 under Section 302 read with Section 34, Indian Penal Code and sentenced both of them to imprisonment for life vide judgment dated 1-8-1985 passed in Sessions Trial No. 97/84 of the Court of 3rd Additional Judge to the Court of Sessions Judge, Damoh, which is under challenge in this appeal.2. Kalibai was married with Charan Singh, the elder son of appellant No....
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