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Judgment Search Results Home > Cases Phrase: mediation Court: madhya pradesh Year: 2005 Page 1 of about 51 results (0.050 seconds)

Sep 12 2005 (HC)

Amritlal and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Sep-12-2005

Reported in : 2006CriLJ888; I(2006)DMC630; 2006(1)MPLJ610

..... p.w. 6 umrao, who has not been declared hostile. according to this witness, he was the person, who proposed amulbai to marry with appellant no. 1 amritlal and his mediation was accepted by both the partie in paragraph 4 he has stated that deceased amulbai and appellant no. 1 were residing happily. this witness has nowhere stated that the deceased .....

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Jan 07 2005 (HC)

Nath Singh and ors. Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Jan-07-2005

Reported in : II(2005)DMC114

..... raises a serious doubt about the conduct of the appellants. all the witnesses have deposed that the appellants were practising cruelty and giving ill-treatment to the deceased. there was mediation by the panchayat and there was compromise and thereafter she was taken to her in-laws house and this shows that her death took place under suspicious circumstances within seven ..... maternal uncle's house from where she had written letter to her father and thereafter continuously she lived at her parents house at village ghamori. thereafter, there was panchayat and mediation by the relatives of both the sides and thereafter she died under suspicious circumstances in the house of accused persons who are in-laws. this fact also cannot be overlooked .....

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May 13 2005 (HC)

Kishan Kumar and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : May-13-2005

Reported in : 2006(2)MPHT188

..... the chest of deceased mukesh, who ran away up to some paces and fell down on the ground. this whole episode is clearly establishing that the incident was not pre-mediated and the same was occurred all of a sudden in a spur of moment on account of trivial issue and appellant pappan dealt a solitary knife blow to the deceased .....

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Apr 20 2005 (HC)

Ram Nath Vs. Baijnath and ors.

Court : Madhya Pradesh

Decided on : Apr-20-2005

Reported in : AIR2005MP229; II(2006)BC87; 2005(3)MPHT332; 2005(4)MPLJ72

subhash samvatsar, j.1. this appeal is filed by the defendant challenging the judgment and decree dated 14-5-1997 passed by first additional district judge, morena in civil appeal no. 145-a/94 whereby the first appellate court has reversed the judgment and decree dated 9-11-94 passed by the civil judge, class i, joura in civil suit no. 80-a/91 and thereby decreed the suit filed by the respondent nos. 1 to 4 for redemption of a mortgage.2. the brief facts of the case are that the plaintiffs filed the present suit for redemption of mortgage alleging that they are the bhumiswamis of an agricultural land bearing survey no. 663/1, having an area of one bigha and fifteen biswas situated in village agrauta, tehsil joura, district morena. the land was initially owned by one angad and the present plaintiffs are his heirs. angad died in october, 1969. the plaintiffs required a loan for performing last rites of deceased angad, therefore, they approached defendant no. 1 ram nath, for loan. on 18-12-1969 a sale-deed, ex. p-1 was executed by plaintiff no. 1, baijnath in favour of ram nath. the sale deed was executed on his own behalf as well as on behalf of minors. in the said document it was also agreed that if the plaintiffs repay the amount of rs. 1750.00 within a period of two years then the property will be reconveyed to the plaintiffs. the possession of the property was also handed over the the defendant as mortgagee and thus a usufructuary mortgage was created. it was agreed that .....

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Apr 01 2005 (HC)

Khanhiya Alias Kaniram and ors. Vs. Siddhnath and ors.

Court : Madhya Pradesh

Decided on : Apr-01-2005

Reported in : AIR2005MP238; 2005(3)MPHT481; 2005(3)MPLJ316

s.k. gangele, j. 1. this is defendants first appeal against the judgment and decree of specific performance for contract passed in c.s. no. 7-a/1978.2. plaintiff filed a suit for specific performance of contract and declaration, declaring the sale-deed dated 14-3-1978 null and void. he pleaded that defendant no. 1 kanahiya entered into an oral agreement with him on 27-1-1978 to sell the land of survey no. 154 area 6.627 hectares situated at village sangi bad (hereafter called as 'suit land') in a consideration of rs. 17,000/-. he paid rs. 10,000/- to the defendant no. 1 on the aforesaid date and it was agreed that balance amount he paid at the lime of registration of sale-deed, possession of the suit land was also delivered to him on the same day by the defendant no. 1. on 14-3-1978 the defendant no. 1 sold the suit land to defendant nos. 2 and 3 through their father bane singh in spite of his objection before the sub-registrar and notice to bane singh and the defendant no. 1 about the earlier agreement.3. the defendant no. 1 denied the fact that there was any oral agreement to sale of the suit land in favour of the plaintiff on 14-3-1978 or he received consideration of rs. 10,000/- from the plaintiff or possession was delivered to him. he further submitted that he sold the land to the defendant nos. 2 and 3 by a registered sale-deed and put them in possession of the suit land. the defendant nos. 2 and 3 also denied that there was any agreement between plaintiff and defendant .....

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Mar 24 2005 (HC)

Moolchand Agrawal and Etc. Vs. Babulal Agrawal and ors.

Court : Madhya Pradesh

Decided on : Mar-24-2005

Reported in : AIR2006MP42; 2005(3)MPLJ217

a.k. shrivastava, j.1. these three appeals have been preferred by three different defendants assailing the judgment and decree passed by the trial court decreeing the suit of plaintiffs.2. a suit for declaration and injunction has been filed by plaintiffs that the sale certificate dated 20-12-1997 issued in regard to house no. 66 and 244 ward no. 15 district satna is null and void. plaintiffs further prayed, that if during the pendency of the suit, defendant nos. 1 and 2 takes possession of the suit property, then possession be obtained from them and be delivered to plaintiffs. it has further been prayed that the amount of rent which is realized by defendant nos. 1 and 2 from tenants inducted in the suit house, be paid to the plaintiffs.3. in brief the suit of plaintiffs is that there was an order for realization of the sale tax against defendant no. 3 m/s. jeevanlal durga prasad. in order to realise the sales tax, suit houses were attached and ultimately sold in auction. defendant no. 1 parasram purchased the suit house bearing house no. 224 for rs. 46,600/- and defendant no. 2 moolchand agrawal purchased the house no. 66 for rs. 12000/-. both these suit houses were purchased in auction sale. in both these houses tenants were inducted and defendant nos. 1 and 2 are realizing the rent from the tenants. this fact is not disputed by the defendants that this court in miscellaneous petition nos. 296/80, 299/ 80 and 53/83, set aside the proceedings of auction sale and further .....

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May 18 2005 (HC)

Kedar Prasad Mishra and anr. Vs. Dadan Prasad Mishra and ors.

Court : Madhya Pradesh

Decided on : May-18-2005

Reported in : 2006(2)MPHT162

orderdipak misra, j.1. the respondent no. 1 initiated a civil action forming the subject-matter of civil suit no. 36-a/2001 before the learned third civil judge class-ii, satna against the petitioners and the respondent nos. 2 to 16 for declaration of right, title and interest for permanent injunction on the foundation that he has perfected his title by prescription in respect of area admeasuring 2.09 acres situate at khasra no. 427 and area admeasuring 0.35 acres situated at khasra no. 428, mouja-jaitwara, area admeasuring 2.49 acres khasra no. 645 of mouza hatiya, tehsil raghuraj nagar. an application under order 39 rules 1 and 2 of the code of civil procedure was filed before the court below seeking temporary injunction. the said prayer was resisted by the respondent no. 2 on the base that the disputed lands were ancestral property and the plaintiff in collusion with the patwari has mutated his name in a forged manner which has been assailed before the competent revenue. the question of possession was totally disputed.2. the present petitioners who are respondent nos. 16 and 17 filed a written statement stating, inter alia that the property was mortgaged with the predecessors in interest of the respondent nos. 2 to 14 which was subsequently came to be possessed by the respondent no. 16 on payment of money and presently the respondent no. 1 and petitioners came to be in joint possession of the property during the life time of one bhaiyalal. the sole ownership as claimed by .....

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Nov 29 2005 (HC)

Bhagwati Bai and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Nov-29-2005

Reported in : 2006(1)MPHT320; 2004(3)MPLJ200

ordera.k. shrivastava, j.1. by this petition under articles 226 and 227 of the constitution of india, the petitioners are assailing the order annexure p-1, dated 3rd august, 1994 passed in revision no. 206/four-90 by the board of revenue, m.p., gwalior rejecting the prayer of petitioners to take the matter in suo motu against the order passed by the additional commissioner, jabalpur division, jabalpur in case no. 255/a-90/b-3/74-75.2. an application under section 42 of the m.p. ceiling of agricultural holdings act, 1960(in short 'the act') was submitted by the petitioners before the board of revenue praying therein that the order passed by the additional commissioner, jabalpur in case no. 255/a-90/b-3/74-75 be set aside. though the application which was filed by the petitioners before the board of revenue has not been annexed to this petition, but on going through the order it is revealed that the contention of petitioners is that land in question is joint hindu family property, therefore, the competent authority under the act in law in not registering separate cases against petitioner bhagwati bai and her sons. as a matter of fact, each case ought to have been registered separately. this objection was raised before the additional commissioner but the same was not decided. on these premised submissions, it was prayed before the board of revenue that the matter be taken-up for hearing in suo motu.3. the state government before the board of revenue submitted that there is no .....

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Feb 04 2005 (HC)

Bhawla @ Bhavsingh and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Feb-04-2005

Reported in : 2005(2)MPHT312

a.k. awasthy, j. 1. appellants/accused have filed the appeal under section 374 of the code of criminal procedure against the judgment and order dated 18-1-1996 delivered in sessions trial no. 134/1994 by learned first additional sessions judge, khargone (west nimar) of their conviction and sentence under section 302 read with section 34, ipc of the rigorous imprisonment of life and fine of rs. 5,000.00 and in default of fine, further simple imprisonment of 1 year and also under section 323 read with section 34, ipc fine of rs. 200.00 and in default of fine, further simple imprisonment of one month and both the sentences were directed to run concurrently.2. the prosecution case is that on 8-2-1994 at about 7.00 p.m. in village mamdiya in the feast at the house of kalu, the villagers from the nearby villages were present and when accused bhawla demanded more mutton, then on account of the refusal to provide him more mutton, he left the party. that after some time accused bhawla @ bhavsingh alongwith his brothers co-accused kashya @ kashiram, dhanna @ dhannalal and bhika reached there and accused bhawla gave one stick blow on the head of deceased munna, aged about 30 years. that kalu (p.w. 1) and jiru (p.w. 4) made an attempt to intervene but accused kashya, dhanna and bhika threw the stones and injured them. first information report (ex. p-1) was lodged on 9-2-1994 in the night at about 11.45 p.m. in the police station, gogawa by kalu (p.w. 1).3. after recording the fir (ex. p- .....

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Aug 25 2005 (HC)

T.R. Sah Vs. Smt. Kundan Kaur and ors.

Court : Madhya Pradesh

Decided on : Aug-25-2005

Reported in : 2005(4)MPHT304; 2006(1)MPLJ41

1. this is a tenant's second appeal under section 100 of code of civil procedure, against the judgment and decree dated 20-3-1996 passed by ix additional district judge, bhopal in civil appeal no. 8-a/95 affirming the judgment and decree dated 1-5-1995 passed by the first civil judge, class-i, bhopal in civil suit no. 35-a/93 decreeing the eviction suit in favour of the plaintiffs/respondents under section 12(1)(e) of the m.p. accommodation control act, 1961 (for short 'the act').2. this appeal was admitted on 5-5-1997 on the following substantial question of law:--'whether the requirement of the respondents could be said to be bona fide under section 12(1)(e) of the m.p. accommodation control act, 1961 when the appellant has filed a suit under section 12(1)(h) of the act also ?'when this appeal came up for hearing, the learned single judge being of the view that smt. parmeshwari devi v. thakur natthu singh, 1998 (i) mpjr 462, was not correctly decided, referred the matter for decision to the larger bench by order dated 8-11-2000, as the following point arose for consideration :--'whether the landlord who seeks eviction of his tenant under sections 12(1)(e) and 12(1)(h) of the act, without specifically pleading that he would occupy the premises after its reconstruction, is not entitled to the decree for eviction under section 12(1)(e) or/and 12(1)(h) of the act ?'facts of the case3. plaintiffs sadhu singh (since dead) instituted a civil suit (c.s. no. 35-a/87/1993) for .....

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