Court : Madhya Pradesh
Reported in : 1994CriLJ2336
ORDERS.K. Chawla, J.1. The order under challenge in this revision is order dated 22-1-1990 by Additional Sessions Judge, Sheopurkalan, holding that application for maintenance under Section 125, Cr.P.C. by a Muslim divorced woman was prosecutable even after the enforcement of the Muslim Women (Protection of Rights on Divorce) Act, 1986.2. A Muslim woman named Farida (impleaded as non-applicant in this revision) filed an application under Section 125, Cr.P.C. against her husband Dr. Abdul Rashid (applicant in this revision) on 16-6-1980 before Judicial Magistrate, First Class, Sheopur. That application was for maintenance of herself and her minor daughter Shabnam, aged than 8 years. During the pendency of that application, the husband Dr. Abdul Rashid gave Talak to his wife. That Talak became operative at least from 30-7-1985, when the husband filed an application in the Magistrate's Court informing his wife thereby that he had given Talak to her. This legal position under Mahomedan Law...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1996)DMC90; 1996(0)MPLJ42
T.S. Doabia, J.1. A marriage which was solemnised in the year 1982 is sought to be dissolved by a decree of divorce. The ground on which this application is founded is that the present appellant has been of incurably unsounded mind and has been suffering continuously from mental disorder of such a kind that the respondent husband cannot live with the appellant. Even though, out of this wedlock two children were born, the plea has been taken that the appellant was suffering from mental disorders from the very first day of the married life. A decree of divorce has in fact been passed by the Seventh Additional Judge to the Court of District Judge, Gwalior. It is against this decree, the present appeal has been preferred. The brief facts are as under :2. As per the Hindu customs and traditions a marriage- which is subject of this appeal - was solemnised on 16.2.1982. The parties lived together for about five years. Out of the wedlock two children were born. The elder one is daughter. She w...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2004)ACC176; 2004ACJ1372; 2003(4)MPHT74; 2003(4)MPLJ89
ORDERS.S. Jha, J.1. This appeal is by claimants for grant of compensation on account of death of Lokesh. Appellants filed claim petition under Section 166 of the Motor Vehicles Act in the Court of Second Motor Accident Claims Tribunal, Shivpuri, claiming compensation of Rs. 4,60,000/-. Deceased Lokesh was son of the appellants. Deceased was driving a vehicle bearing registration No. MP/13-C/2886 on 28-2-1994 under the employment of owner of motor vehicle Ramdev. Ramdev was also travelling in the said jeep. Jeep met an accident which resulted into death of Lokesh and Ramdev. Claimants/appellants are father and mother of the deceased Lokesh. Claims Tribunal after considering the evidence on record has dismissed the application holding therein that for the negligence of deceased Lokesh claimants are not entitled for any compensation.2. Counsel for appellants submitted that Claims Tribunal has not considered the amended provisions of Motor Vehicles Act. He submitted that after the amendmen...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ2599; II(2002)DMC450; 2002(3)MPHT340; 2002(3)MPLJ320
ORDERS.L. Kochar, J. 1. This revision has been preferred against the order dated 6-11-2001 passed by IX Addl. Sessions Judge, Indore in Cr. Revision No. 498/2001 thereby setting aside the order of grant of interim maintenance passed in Misc. Cr. Case No. 39/2000 on 12-7-2001 by the Judicial Magistrate First Class, Indore Shri N.C. Godha. 2. Necessary facts for disposal of this revision are that the applicant/wife had filed an application under Section 125 of the Code of Criminal Procedure for grant of maintenance alleging that after the marriage, she was ill-treated for demand of dowry and the non-applicant/husband deserted her without any valid reason. The applicant/wife is compelled to live with her mother. She has no source of income to maintain her whereas the non-applicant/husband Heeralal is a businessman having a Kirana Store and is also doing the work of Commission Agent. She had demanded Rs. 3,000/- per month as maintenance and filed a separate application for interim maintena...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1986)ACC213
P.D Mulye, J.1. This judgment shall also govern the disposal of M.A. No 23 of 1983 State of MP. v. Mannalal as both these appeals have been filed against the same award dated 1st October, 1982 passed by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 16 of 1981.2 Misc. Appeal No. 8 of 1983 has been filed by the claimant Mannalal for enhancement of compensation as the compensation awarded by the Tribunal is for Rs. 31,692.71 p. plus proportionate costs and interest at 4 per cent per annum from the date of the filing of the application, though the claimant had put up a claim for Rs. 2,00,000/-.3 Misc Appeal No. 23 of 1983 has been filed by the respondent State with a prayer to set aside the award against the State in toto.4 Facts giving rise to these appeals may be stated in brief, thus : Truck No MFZ-5890 belongs to the State of M.P., which was used by the Sub Divisional Officer, Public Works Department, Jhabua. On the relevant day of the accident, which took place...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)226CTR(MP)372
ORDERDipak Misra, J.1. These three appeals preferred under Section 260A of the IT Act, 1961 (for brevity 'the Act') were listed for default for not filing the application for condonation of delay supported with affidavit. At that juncture, a query was made from Mr. Sanjay Lal whether the High. Court can condone the delay when an appeal is preferred beyond the time prescribed under Section 260A of the Act in view of the decision rendered by the apex Court in CCE v. Hongo India (P) Ltd. and Anr. : (2009) 223 CTR (SC) 225 : (2009) 5 SCC 791. Mr. Alok Aradhe, learned senior counsel and Mr. Sumit Nema, learned Counsel were appointed as amicus curiae.2. Be it noted, there is no dispute over the fact that the appeals have been preferred beyond the period of limitation.3. The centripodal question that emerges for consideration is whether the High Court can condone the delay and if the delay is not condonable, there is no justification for granting time to file an application for condonation of...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1986)ACC367
P.D. Mulye, J.1. The claimant-appellant has filed this appeal under Section 110-D of the Motor Vehicle? Act, for enhancement of compensationagainst an award dated 29th July, 1978 given by the Member, Motor Accidents Claims Tribunal, Ratlam, in Claim Case No. 10/76, whereby be has awarded compensation of Rs. 4,000/- plus interest at Rs. 6% per annum from the date of the award, though the appellant had put up a claim for Rs. 40,000/- for the injuries sustained by him in the accident that took place on 22-2-1976.2. The facts giving rise to this appeal may be stated, in brief, this : Respondent No. 1 Ramgopal is the owner of auto-rikshaw number NPN 8089 which on the relevant day of the accident, which took place on 22-2-76 was insured with respondent No. 2. United India Fire and General Insurance Company.3. The appellant who was then posted as a Deputy Collector at Ratlam was on 22-2-76 at about 5 P.M proceeding in the said auto rikshaw along with the members of his family. When the auto-r...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP226; II(2001)DMC53; 2001(3)MPHT220; 2001(2)MPLJ401
Bhawani Singh, C.J. 1. It is confirmation of judgment and decree dated 14-3-1997 in Civil Suit No. 18-A of 1994 passed by Additional District Judge, Sidhi under Section 10 of the Indian Divorce Act, 1869 (for short 'the Act') dissolving marriage between Sunil Masih and Smt. Elizabeth Daisy Masih and awarding Rs. 50,000.00 as damages under Sections 34/35, which is sought under Section 17 of the Act.2. Marriage between Sunil Masih and Smt. Elizabeth Daisy Masih was solemnized according to the Christian religion at Arch Highsys of Kolkata Church of Christ the King. Out of the wedlock, three children are born. Allegation of Sunil Masih is that Smt. Elizabeth Daisy Masih developed illicit relations with Paramjit Singh for the past one year. In his absence, Paramjit Singh would come to his house and have illicit relations with Smt. Elizabeth Daisy Masih. On 9-9-1993, when they were involved in illicit relations, he along with his neighbours reached his house and caught both of them red hande...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP119; 2007(4)MPHT417
ORDERDipak Misra, J.1. The present writ petition preferred under Article 226 of the Constitution of India was dealt with by the learned Single Judge of this Court who faced with the decision rendered in the case of Ankita Sinha v. Rajiv Gandhi Proudyogiki Vishwavidyalaya and Ors. 2006 (1) MPLJ 489 expressed his respectful disagreement with the view opined therein and thereafter proceeded to refer the following two questions of law to be determined by the Larger Bench:(i) Under Rule 2.4.1.1 of the Rules (Annex.P/5), once the criteria has been fixed to pass the qualifying examination with main subjects Mathematics, Physics and Chemistry and the students who have been declared passed in the aforesaid examination by a recognized examination conducted by a recognized institution whether he may be declared as disqualified merely on the ground that individually the main subjects has not been cleared by him? (ii) Whether the respondent who has granted recognition to an institution for the purp...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1990)ACC254
Gulab C. Gupta, J.1 This judgment shall also govern the disposal of M.A.No. 263/ 81 (Smt, SushilaDevi and Anr. v. kundanlal and Ors. Both these appeals concern an accident between car No. MPK 765 and truck No. MPJ 5425 on 26-9-78 at about 3-00 P.M. on Satna-Rewa Road. Misc. Appeal No. 200/81 is by the owner of the car who was also driving the same and is confined to compensation for personal injuries to himself and damage to the car. Appeal No. 263/81 is by persons riding the said car and suffering personal injuries from the accident. Though two claim cases were filed, the Motor Accident Claims Tribunal Satna, by its award dated 2.3.81 has dealt with both of them together. Since facts of the case are similar, the 2 appeals are being dealt with together.2. It was alleged that the appellant, on 26.9.78 at about 3-00 P.M. was driving his car on Satna-Rewa Road and going towards Rewa. At that time truck No. MPJ 5425, owned by respondent No. 1 and driven by respondent No. 2, came on the mai...
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