Court : Madhya Pradesh
Reported in : AIR1962MP212; 1962MPLJ248
Shrivastava, J. 1. The suit out of which this first appeal arises was filed by the respondent Smt. Aman Kumari for possession of homefarm lands lying in several villages and for possession of movables. The respondent has also filed an appeal (First Appeal No. 120 of 1958) against the judgment in that case. This judgment governs the disposal of both the appeals.2. In the erstwhile State of Korea which merged within Madhya Pradesh in 1948, there was a zemindari called 'Patna Zemindari'. It was held by one Jagdish Prasad Singh till his death in 1942. The respondent Smt. Aman Kumari is the widow of the said Jagdish Prasad Singh. He bad also left behind a son Gopal Saran Singh who died in 1948. The appellant Smt. Mira Devi claims to be his widow, having married him on 4-7-1941 under the Special Marriage Act, 1872 (III of 1872)--hereinafter referred to as the Act of .1872. Appellants Vijay Prasad Singh and Lalit Prasad, Singh are sons of Smt. Mira Devi from the deceased Gopal Saran Singh. Af...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ102
P.C. Pathak, J.1. This judgment shall also govern the disposal of Second Appeal No. 566 of 1982 filed by Smt. Meera Devi (plaintiff) and Second Appeal No. 12 of 1983 filed by Nanhe Lal (defendant No. 4) against a common judgment and decree dated 18-10-1982 in Civil Appeal No. 21-A of 1981 of the Court of the Additional Judge to the Court of District Judge, Seoni, arising out of Civil Suit No. 69-A of 1979 of the Court of Civil Judge, Class I, Seoni and judgment and decree dated 17-1-1981.2. For convenience, the genealogy of the defendants is reproduced:- Roop Chand (died 1960) | --------------------------------------------- | | | Nanhe Lal Radhe Lal Sahiblal (dead) (Deft. No. 4) | Widow Shivkali Bai | (Deft. No. 3) | ----------------------------------------- | | Kanchan Singh Mohan Singh (Deft. No. 3) (Deft. No. 1) | Wife Maltibai (Deft. No. 5) | Son Santosh Kumar (Deft. No. 6) 3. Roop Chand had three sons, namely, Nanhe Lal, Radhe Lal and Sahib Lal. Sahib Lal predeceased Roop Chand...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP223
ORDERTare, J. 6. This appeal is by the judgment-debtor against the order, dated 7-11-1959, passed by Shri S.N. Chaturvedi, Additional District Judge, Panna, in Execution Case No. 2 of 1959, arising out of the execution proceedings, relating to Miscellaneous Civil Appeal No. 85 of 1955, and Civil Revision No. 59 of 1955, decided by the Court of Additional Judicial Commissioner of the former State of Vindhya Pradesh on 23-12-1955.7. This appeal, involves a question of limitation only. The question arises under the following circumstances :The Judicial Commissioner Vindhya Pradesh, by order, dated 23-12-1955, in Miscellaneous Civil Appeal No. 85 o 1955 and Civil Revision No. 59 of 1955, allowed the same with costs and set aside the decree and order of the court below. Although the judgment and the order were delivered on 23-12-1955, no decree was drawn up till 26-10-1956. On that date, a decree was drawn up and signed in the appeal. As no decree was required to be drawn up in the revision...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1988]64CompCas155(MP)
P.D. Mulye, J. 1. Civil First Appeal No. 71 of 1971 is filed jointly by the insurance company, the owner and driver of the truck, against the judgment and decree dated September 10, 1971, passed by the Third Additional District Judge, Indore, in Civil Suit No. 8B of 1969, whereby he has decreed the plaintiff-claimant's suit arising out of a motor accident, for Rs. 33,000 with proportionate costs, out of which the insurance company has been held liable to the tune of Ri 20,000 only.2. Being aggrieved by that part of the judgment and decree whereby the learned trial court has not awarded any interest on the amount of compensation decreed, the plaintiff claimants have filed Civil Revision No. 151 of 1971. This judgment shall, therefore, govern the disposal of both these cases.3. Facts giving rise to this appeal may be stated in brief, thus : Truck No. MBK 5026 belonged to Nazir Mohammad who is now represented by his legal representatives. His son, Bashir Khan, was the driver of the said t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP30
V.R. Nevaskar, J.1. The appeal involves consideration of a question regarding limitation.2. Plaintiff Mohammad Hussain Bohara of Sanawad filed this suit for the recovery of Rs. 6800/- on the allegations that the defendant had agreed to sell to him the corrugated iron sheets covering the entire premises of the 'Merchant Gin' at Sanawad which the latter had agreed to purchase from a third party at the rate of Annas 3 1/4 per square foot. The contract was entered into on 31-1-1949 and the plaintiff paid Rs. 5000/- towards the contract.The delivery of the sheets was agreed to be given within thirty days. A document containing, these terms was executed between the parties. The defendant, it is said, failed to give delivery as agreed before 3-3-1949 and prayed for the extension of the period for delivery. The plaintiff agreed to the extension by a fortnight. There was further extension by three days subsequent to the date fixed for delivery under the earlier extension up to 1-4-1949.But even...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Petitioner, which is a forum of retired IAS, IPS officers and other eminent citizens of State of Madhya Pradesh, through this public interest litigation has challenged the validity of section 23-A of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as amended by Amendment Act, 2005, (hereinafter referred to as the 'Act'), as well as notifications dated 14.3.2008 and 05.9.2007, Annexures-P-1 and P-2 respectively, issued by the State Government in exercise of powers under Section 23-A of the Act. By the impugned notifications the land use of various sites in the city of Bhopal has been changed from public/semi public purpose to commercial in order to facilitate the construction of Five Star Hotel, a Commercial Complex and an Oceanarium on lands measuring 10.19 acres over Khasra Nos.1431 and 1432 which situate adjacent to Minto Hall and for the construction of Central Business District on land measuring 15 acres in and around South T.T. Nagar Market surrounding area, which is pu...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1985MP42; 1985MPLJ32
Oza, Ag. C.J.1. The three appeals Nos. 4, 5 and 7, all of 1983, arise out of a composite order passed by Company Judge Hon'ble Shri Justice J.S. Verma, by his order dated 3rd Oct. 1983 in Company Petition No. 5 of 1981. This order disposes of a prayer under Section 397 of the Companies Act and Sections 398 and 155 of the Companies Act. The prayer under Section 397 was rejected and against this the present appeal is No. 4 of 1983. Prayer under Section 398 has been partly allowed and, therefore, appeal No. 7 of 1983 is preferred against that part of the order and as the prayer under Section 155 was rejected, an appeal is preferred which is appeal No. 5 of 1983.2. In all these three appeals the question of maintainability of the appeals arises in view of the abolition of Letters Patent Appeals in Clause 10 by the Madhya Pradesh Uchcha Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam, 1981, passed by the State Legislature and which received the assent of the President on 21st June 1981...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP328; 1998(2)MPLJ370
ORDERDeepak Verma, J. 1. This order shall also govern disposal of W.P. No. 494/96 (Shrinath Griha Nirman Sahakari Sanstha Maryadit v. State of M.P.); W.P. No. 612/96 (Shri Laxmi Co-operative Housing Society Ltd. Indore v. State of M.P.); W.P. No. 679/1996 (Akash Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P. ); W.P. No. 680/1996 (Madhuri Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P.); W.P. No. 682/1996 (Janta Griha Nirman Sahakari Sanstha Maryadit, Indore v. State of M.P.); W.P. No. 683/1996 (Brijeswari Apartments Co-operative Housing Society Ltd. Indore v. State of M.P.); W.P. No. 684/1996 (Ma Saraswati Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P.); W.P. No. 685/1996 (Shri Deo Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P.); W.P. No. 686/1996 (Sukliya Griha Nirman Sahakari Sanstha Maryadit, Indore v. State of M.P.); W.P. No. 687/1996 (Gajanand Griha Nirman Sahakari Sanstha Maryadit, Indore v. State of M.P.); W.P. No. 6...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Heard on admission. Challenge put-forth in the present petition under Article 226 of the Constitution of India is to an order dated 29.10.2009/11.11.2009 (Annexure P-4) whereby the petitioner has been issued with a charge-sheet, whereby the petitioner has been charged of financial embezzlement of Rs.3,84,700/- and of an act unbecoming of a government servant, violating Rule 3 (1) (i), (ii), (iii) and Rule 3 (2) (ii) of Madhya Pradesh Civil Services (Conduct) Rules, 1965 (hereinafter shall be referred to as Conduct Rules of 1965). Facts giving rise to initiation of a departmental enquiry was with first information report lodged on 12.6.2008 by one Chandrabhan Kulhade, Court Superintendent of District Consumer Forum, Seoni. The report was initially lodged against one Rajkumar Rai, Farrash at District Consumer Forum, Seoni alleging that a sum of Rs.3,84,700/- has been drawn from the Bank by putting forged signature. On the basis of said report a crime was registered for offences under ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP196
A.P. Sen, J. 1. This appeal, filedby the plaintiff Durga Prasad, is directed against the Judgment and decree of the Additional District Judge, Chhind-wara, dated 25-7-1970, decreeing his claim for damages for Rs. 36,000/- for wrongful extraction and sale of about 1,800 tons of manganese ore against the defendant No. 1, Mst. Parveen Foujdar, together with interest at 4% per annum thereon from the date of the decree i.e., from 25-7-70 till realisation, as against his claim fox recovery of damages amounting to Rupees 50,000/- for loss of profits due to wrongful extraction and sale of manganese ore, and dismising his suit against the other defendants, including the defendant No. 3, the State of Madhya Pradesh.By the appeal, the plaintiff seeks a modification of the decree, and prays that the dismissal of the suit against the defendant No. 3, the State of Madhya Pradesh be set aside, and a decree for Rupees 50,000/- as damages be passed against the defendants Nos. 1 and 3. There is no appea...
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