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MadhyaPradesh High Court

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Hindu succession Act sec. 8 order of succession = In the personal/ self acquired property of Grand father, No Grand son can file a suit for partition against his father as the property fell to the father is his personal property and as the grand son is not the class I heir = A serious objection to the maintainability of the suit has been filed by the grandchildren of late Sh. Vilayati Ram Sikri in the life time of their father.= The present suit has been filed by Gaurav Sikri and Khushal Sikri, who are both minor sons of the defendant No.2. The suit has been filed through their mother Smt. Neha Sikri.= as per the averments made in the plaint late Sh. Vilayati Ram Sikri was the owner of the suit properties- on the death of late Sh. Vilayati Ram Sikri his heirs succeeded to the same as per the law of succession. In view of the Hindu Succession Act, 1956, the plaintiffs would not fall in the category of Class I heirs and only their father (defendant No.2) would be entitled to inherit CS(OS)944/2004 Page No.3 of 8along with his brothers, sister and mother. = In view of the preamble to the Act, i.e., that to modify where necessary and to codify the law, in our opinion it is not possible when Schedule indicates heirs in class I and only includes son and does not include son’s son but does include son of a predeceased son, to say that when son inherits the property in the situation contemplated by Section 8 he takes it as karta of his own undivided family. – late Sh. Vilayati Ram Sikri was the owner of the suit properties and that upon his death the same were inherited by his legal heirs. That being the case, the decision of the Supreme Court in the case of Wealth Tax Commissioner v. Chander Sen (supra) would be clearly applicable and, therefore, the plaintiffs being the grandsons would not have any share in the property left by late Sh. Vilayati Ram Sikri during the life time of the defendant No.2 (Rajesh Sikri). Consequently, the plaint, on the basis of the averments made therein, does not disclose any cause of action and the same is accordingly rejected.

published in http://lobis.nic.in/dhc/BDA/judgement/07-11-2007/BDA24092007S9442004.pdf THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : 24.09.2007 CS(OS) 944/2004 MASTER GAURAV SIKRI & ANR. …….Plaintiffs – versus – SMT. KAUSHALYA SIKRI & ORS. ……..Defendants Advocates who appeared in this case: For the Plaintiffs : Mr Viraj R. Datar with Mr Aditya Jhanji For the Defendants : Mr … Continue reading

MERE ABSENCE OF EXTERNAL INJURIES ON BODY OF VICTIM – IT CAN NOT BE SAID AS CONSENT PARTY TO SEX = In the absence of pleading in defence , no court can presume the same wrongly = We are of the considered opinion that as the appellant had not taken any defence of consent of PW-5, the trial court was not correct in recording the finding that there was consent of PW-5 to the sexual intercourse committed by the appellant ;When benifit of doubt arose = The settled position of law is that the prosecution is required to establish the guilt of the accused beyond reasonable doubt by adducing evidence. Hence, if the prosecution in a given case adduces evidence to establish the guilt of the accused beyond reasonable doubt, the court cannot acquit the accused on the ground that there are some defects in the investigation, but if the defects in the investigation are such as to cast a reasonable doubt in the prosecution case, then of course the accused is entitled to acquittal because of such doubt. In the present case, as we have seen, the evidence of PW-5 as corroborated by the evidence of PW-2 and the FIR establish beyond reasonable doubt that the appellant has committed rape on PW-5 and thus the appellant is not entitled to acquittal. 16. In the result, we are not inclined to interfere with the finding of the guilt recorded by the High Court against the appellant as well as the minimum sentence of 7 years imprisonment for the offence under Section 376 IPC imposed by the High Court. The appeal is accordingly dismissed.

PUBLISHED IN http://judis.nic.in/supremecourt/imgs1.aspx?filename=40522 Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1118 of 2004 Ganga Singh …… Appellant Versus State of Madhya Pradesh ….. Respondent J U D G M E N T A. K. PATNAIK, J. This is an appeal by way of special leave under Article 136 of … Continue reading

Mining lease – cancellation – When the litigation raised by original lessee ends in abatement, and after giving lease to third party, the legal heirs of original lessee can not claim any rights for renewal of lease or any rights conferred by the virtue of orders of high court which passed infavour of deceased with out knowledge, after the lapse of 14 years and the Delhi Highcourt has no jurisdiction over the mines of M.P. and over the orders of M.P. High court =In view of the aforesaid fact, we hold that after the death of the original lessee, Rajendra Nath Bhaskar, all rights come to an end and the first respondent or any other legal heir(s) were neither entitled to continue with the lease nor entitled for renewal of lease. The Original Lessee died on 7th September, 1982 during the pendency of Miscellaneous Petition No. 805/81 and much before the final order dated 16th July, 1986 passed in the said case by the Madhya Pradesh High Court. In the absence of petition for substitution of legal heirs, the said case got abated. The legal heirs including the first respondent cannot derive the advantage of the order dated 16th July, 1986, which was inadvertently passed by the Madhya Pradesh High Court in absence of knowledge of death of the original petitioner/lessee.= Admittedly, the third party rights were created in the meantime in favour of the Mining Corporation pursuant to the order of Madhya Pradesh High Court dated 16th July, 1986. The order passed by the Madhya Pradesh High Court was not challenged in any appeal.= failed to decide the jurisdiction of the High Court to entertain the appeal against the order passed in favour of the Mining Corporation which was passed pursuant to the direction of the Madhya Pradesh High Court. In this back­ground, it was not desirable for the Delhi High Court to entertain the writ petition. Even though the revisional order was passed by the Central Government, the Delhi High Court ought to have asked the first respondent to move before the Madhya Pradesh High Court for appropriate relief. In view of our findings given in the preceding paragraph, the order dated 21st September, 2010 passed by the Single Judge of the High Court of Delhi and the impugned order dated 20th April, 2011 passed by the Division Bench of the Delhi High Court cannot be upheld. They are accordingly set aside. Both the appeals are allowed but there shall be no order as to costs.

published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40494 Page 1 -1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.   4950    of 2013 (arising out of SLP(C)No.13053 of 2011) M.P. STATE  MINING  CORPORATION LTD. … APPELLANT Versus SANJEEV  BHASKAR & ORS.     … RESPONDENTS With Civil Appeal No.  4951   of 2013 (arising out of SLP(C)No.29421 of 2011) J U D G M E N T SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted. These two appeals are preferred by the   appellants   M.P.   State   Mining   Corporation   Ltd. (hereinafter referred to as the “Mining Corporation”) and the State of Madhya Pradesh (hereinafter referred to as the “State”)   against the common judgment dated 20th April, 2011 passed by the Division Bench of Delhi High Court in LPA No. 742 of 2010 with LPA No. 284 of 2011.   By   its   impugned   judgment,   the   Division   Bench dismissed … Continue reading

legality of an order passed by the Joint Registrar of the Cooperative Societies, Sagar Division, Sagar, M.P., superseding the Board of Directors of District Cooperative Central Bank Ltd., Panna without previous consultation with the Reserve Bank of India, as provided under the second proviso to Section 53(1) of the Madhya Pradesh Cooperative Societies Act, 1960= In such circumstances of the case, we are inclined to dismiss both the appeals with costs directing re-instatement of the first respondent Board of Directors back in office forthwith and be allowed to continue for the period they were put out of office by the impugned order which has been quashed. We also direct the State of Madhya Pradesh to pay an amount of Rs.1,00,000/- to the Madhya Pradesh Legal Services Authority within a period of one month by way of costs and also impose a cost of Rs.10,000/- as against the Joint Registrar, Co-operative Societies, Sagar, the officer who passed the order, which will be deducted from his salary and be deposited in the Panna DCB within a period of two months from today. Ordered accordingly. Further, we are inclined to give the following general directions in view of the mushrooming of cases in various Courts challenging orders of supersession of elected Committees: (1) Supersession of an elected managing Committee/Board is an exception and be resorted to only in exceptional circumstances and normally elected body be allowed to complete the term for which it is elected. (2) Elected Committee in office be not penalised for the shortcomings or illegalities committed by the previous Committee, unless there is any deliberate inaction in rectifying the illegalities committed by the previous committees. (3) Elected Committee in Office be given sufficient time, say at least six months, to rectify the defects, if any, pointed out in the audit report with regard to incidents which originated when the previous committee was in office. (4) Registrar/Joint Registrar are legally obliged to comply with all the statutory formalities, including consultation with thePage 34 34 financing banks/Controlling Banks etc. Only after getting their view, an opinion be formed as to whether an elected Committee be ousted or not. (5) Registrar/ Joint Registrar should always bear in mind the consequences of an order of supersession which has the effect of not only ousting the Board out of office, but also disqualify them for standing for election in the succeeding elections. Registrar/Joint Registrar therefore is duty bound to exercise his powers bona fide and not on the dictation or direction of those who are in power. (6) Registrar/Joint Registrar shall not act under political pressure or influence and, if they do, be subjected to disciplinary proceedings and be also held personally liable for the cost of the legal proceedings. (7) Public money not to be spent by the State Government or the Registrar for unnecessary litigation involving disputes between various factions in a co-operative society. Tax payers money is not expected to be spent for settling those disputes. If found necessary, the same be spent from the funds available with the concerned Bank

Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4691 OF 2013 [Arising out of SLP (C) No. 6860 of 2012] State of M.P. and Others .. Appellants Versus Sanjay Nagayach and Others .. Respondents WITH CIVIL APPEAL NO. 4692 OF 2013, (Arising out of SLP (Civil) No. 13125 … Continue reading

whether High Court was justified in staying the proceedings in civil suit till the decision in criminal case.= Section 42 deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41. It reads as under: “S.42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.-Judgments, orders or decrees other than those mentioned in section 41, are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.”= In K.G. Premshanker3, the effect of the above provisions (Sections 40 to 43 of the Evidence Act) has been broadly noted thus: if the criminal case and civil proceedings are for the same cause, judgment of the civil court would be relevant if conditions of any of Sections 40 to 43 are satisfied but it cannot be said that the same would be conclusive except as provided in Section 41. Section 41 provides which judgment would be conclusive proof of what is stated therein. Moreover, the judgment, order or decree passed in previous civil proceedings, if relevant, as provided under Sections 40 and 42 or other provisions of the Evidence Act then in each case the Court has to decide to what extent it is binding or conclusive with regard to the matters decided therein. In each and every case the first question which would require consideration is, whether judgment, order or decree is relevant; if relevant, its effect. This would depend upon the facts of each case. In light of the above legal position, it may be immediately observed that the High Court was not at all justified in staying the proceedings in the civil suit till the decision of criminal case. Firstly, because even if there is possibility of conflicting decisions in the civil and criminal courts, such an eventuality cannot be taken as a relevant consideration. Secondly, in the facts of the present case there is no likelihood of any embarrassment to the defendants (respondent nos. 1 to 4 herein) as they had already filed the written statement in the civil suit and based on the pleadings of the parties the issues have been framed. In this view of the matter, the outcome and/or findings that may be arrived at by the civil court will not at all prejudice the defence(s) of the respondent nos. 1 to 4 in the criminal proceedings. 21. For the above reasons, appeal is allowed. The impugned order dated 24.11.2008 passed by the Division Bench of the Madhya Pradesh High Court is set aside. The proceedings in the civil suit shall now proceed further in accordance with law. The parties shall bear their own costs. ‘

‘ REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4166 OF 2013 (Arising out of SLP(C) No. 12644 of 2009) Guru Granth Saheb Sthan Meerghat Vanaras …… Appellant Vs. Ved Prakash & Ors. ……Respondents JUDGMENT R.M. LODHA, J. Leave granted. 2. The short question for consideration in this appeal by … Continue reading

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