Madhya Pradesh Court March 1975 Judgments
Haji Ibrahim Vs. the State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Mar-31-1975
Reported in: 1975CriLJ1438
S.M.N. Raina, J.1. This is a petition under Article 226 of the Constitution of India for a writ of habeas corpus.2. The petitioner's brother Haji Abdul Gaffar was served with an order of detention, dated 25-9-1974, under Section 3 (1) (c) of the Maintenance of Internal Security Act as amended by the Maintenance of Internal Security (Amendment) Ordinance, 1974 (hereinafter referred to as 'MISA' and was sent to jail in pursuance of the said order vide Annexure 'C'. The grounds of detention were served upon the detenu on 27-9-1974 vide Annexure 'D'. The order of the District Magistrate was ultimately confirmed by the State Government and the detenu was ordered to be detained up to 24-9-1975.3. After the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 (hereinafter referred to as 'the Act') came into force on 19-12-1974, whereby the Maintenance of Internal Security (Amendment) Ordinance, 1974 was repealed, the original order of detention, dated 25-9-1974, w...
Tag this Judgment!The State of Madhya Pradesh Vs. Lohra
Court: Madhya Pradesh
Decided on: Mar-25-1975
Reported in: 1975CriLJ1808
ORDERN.M. Golvalker, J.1. The Sessions Judge Sarguja at Ambikapur has by his report under Section 438 of the Criminal Procedure Code, recommended that the order dated 26-7-1973 passed by the Additional District Magistrate (J), Ambikapur in Criminal Case No. 505/73, whereby the prayer of Shri N. N. Singh, Advocate to dispense with the attendance of the accused Lohra on that date of hearing, was rejected on the ground that no Vakalatnama was filed by him authorising him to appear for the accused, be set aside as it was patently illegal and unwarranted.2. The learned Additional District Magistrate lost sight of the fact that under Article 22, an accused has a right to be defended by a legal practitioner of his choice and in the instant case, Shri Singh Advocate had been so appearing till then and that not only he appeared, but could also appear, act and fully represent the said accused on the basis of a memo of appearance under his own signature declaring himself to be authorised and inst...
Tag this Judgment!Chaturbhujdas and anr. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-22-1975
Reported in: AIR1975MP209
Oza, J.1. This petition has been filed by the petitioners against an order dated 29-10-1971 passed by a Member, Board of Revenue, exercising powers under Section 56 of the Indian Stamp Act.2. The facts giving rise to the present petition are that on 19-4-1957 Krishna Ginning Factory including the land situated at Zinga Khoh, Agar, Tehsil Agar, District Shajapur, was mortgaged by the Joint Hindu family of Munshiram Gopalji Vithaldasji through its 'Kartas' Shri Shankar Bhan Das S/o Munshiram Gopal and Purushottamdas S/o Munshiram Vithaldasji with Shri Ram-kishan Gopilal Goyal. Then Shri Ramkishan Goyal gave this factory on lease to Messrs Jain Brothers, a registered partnership firm of Agar of which respondents Nos. 4 5, 6 and 7 are partners. The lease was given with the consent of the mortgagor and possession of the factory was also delivered to M/s Jain Brothers. On 6-5-66, 'Kartas' of the Hindu Undivided family Munshiram Gopal Vitthaldas created a subsequent mort-gage of the said fact...
Tag this Judgment!Madhusudan Vs. Smt. Chandrika
Court: Madhya Pradesh
Decided on: Mar-22-1975
Reported in: AIR1975MP174
Singh, J. 1. This is a husband's appeal under Section 28 of the Hindu Marriage Act, 1955, against a decree passed by the Fifth Additional District Judge, Jabalpur, on 18th December, 1973, dismissing his petition for annulment of marriage under Section 12(1)(c) and, in the alternative, for judicial separation under Section 10(1)(d) of the Act2. The parties were married at Raipur on 6th December 1972. After marriage the wife came to Jabalpur on 7th December, 1972, where the husband resides, At the time of marriage the husband was aged 24 years and the wife 21 years. Both of them are graduates and come from respectable Guiarati families. The parties had marital intercourse from 8th to 10th December, 1972. The husband, it seems, noticed some ulcer near the private parts of the wife. He got her examined by Dr. (Miss) Swami (P.W. 1) who advised blood test. The husband then took the wife to Dr. Raja Indurkhya (P.W. 2) for pathalogical examination of the blood. The blood test was positive for ...
Tag this Judgment!Gulab Chand Gupta Vs. Regional Transport Authority and ors.
Court: Madhya Pradesh
Decided on: Mar-07-1975
Reported in: AIR1975MP212
Malik, J.1. These three petitions were heard together. The petitioners in these petitions have been affected by the implementation of the nationalization scheme No. 24. Their permits have either been curtailed or cancelled and, therefore, they have come to this Court seeking a writ of certiorari for the purpose of quashing the orders of the Regional Transport Authority affecting them,To begin with Gulabchand Gupta, he seeks a writ of certiorari to quash the order of the Secretary, Regional Transport Authority, Rewa (his Annexure 'D') dated the 14th July, 1970, whereby his permit has been curtailed, and that of the Regional Transport Authority dated the 19th October, 1972 (His Annexure 'G'), whereby the renewal of permit for the whole route has been refused, The Regional Transport Authority has instead renewed the permit for the curtailed route.2. The petitioner, Gulab Chand Gupta, held a stage carriage permit on Mou-ganj Sonouri route via Deotabab-Garh-Sohagi-Teonthar-Sohagi-Chak as in...
Tag this Judgment!M.M. Asati and Brothers Vs. State Transport Appellate Authority and or ...
Court: Madhya Pradesh
Decided on: Mar-06-1975
Reported in: AIR1976MP18
Tankha, J. 1. The petitioner by this writ petition under Articles 226 and 227 of the Constitution is seeking a prayer for the quashing of the order dated 6-6-1970 (Annexure-A) passed by the Regional Transport Authority, Jabalpur (respondent No. 2) and the order dated 21-5-1973 (Annexure-E) passed by the State Transport Appellate Authority, Gwalior (respondent No. 1).2. Brief facts leading to the present petition are that the Regional Transport Authority, Jabalpur (respondent No. 2) after determination of the scope for the grant of one return trip permanent stage carriage permit for Balaghat Lanji via Rajegaon and Kirnapur route invited applications for the purpose under Section 57(2) of the Motor Vehicles Act (hereinafter referred to as 'the Act'). It may be mentioned here that the said route is intra-regional lying wholly within the State of Madhya Pradesh. In pursuance of the notification, the petitioner and two others applied for the fresh grant and their applications were published...
Tag this Judgment!Dhruvanathsingh Vs. Shivanaresh Sharma
Court: Madhya Pradesh
Decided on: Mar-06-1975
Reported in: 1975CriLJ1710
P.K. Tare, C.J.1. This purports to be a petition under Article 227 of the Constitution of India, for a writ of certiorari against the order, dated 7-12-1974, passed by Shri R. D. Shukla, First Addl. Judge to the Sessions Judge, Jabalpur, in Criminal Revision No. 42 ,of 1974, arising out of the order, dated 29-5-1974, passed in Criminal Case No. 1609 of 1973, of the Court of Shri V.G. Shriwastava, Magistrate, Ist Class, Jabalpur.2. The respondent filed a complaint against the petitioner for an alleged offence under Section 406, Indian Penal Code read with Section 80(3) of the Madhya Pradesh Non-Trading Corporation Act, 1962, purporting to act as Secretary of the Adarsh Khadi Gram Udhyog Mandal, Jabalpur. The petitioner challenged the constitution, Management and the accounts of the Khadi Gram Udhyog Mandal, Jabalpur, as bogus and fraudulently maintained for the purpose of defrauding the Government with an ulterior motive to get the institution certified and thus to have the regular gran...
Tag this Judgment!The Union of India (Uoi) Vs. Tarachand
Court: Madhya Pradesh
Decided on: Mar-03-1975
Reported in: AIR1976MP101
A.P. Sen, J. 1. The Union of India,representing the Central Railway, has filed this appeal, against the judgment of the Addl. District Judge, East Nimar, Khandwa at Burhenpur, dated 29th September 1970, decreeing the plaintiff's claim for damages for conversion of goods to the extent of Rs. 16,016.2. The facts briefly stated are these. On 22-5-1968, the plaintiff's tender for purchase of coal-ash accumulated atthe Nandgwm. pump-house for a period of one year from the date of the execution of the contract for a sum of Rs. 2,135 by running contract on a lump sum basis was accepted. The estimated quantity of coal-ash was 3,500 c. ft., and the rate settled was Rs. 61 per brass, i.e., 100 c. ft. The plaintiff, accordingly, on 22-5-1968 deposited an amount of Rs. 2,135 being the price of coal-ash for a year in full, i.e., the period of contract, and also Rs. 213 as security deposit. Thereafter, the parties executed a formal contract dated 15-6-1968, Ex. D-1, for sale of coal-ash by running c...
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