Madhya Pradesh Court October 1976 Judgments
Damodar Das Sital Dass Vs. Regional Transport Authority, Rewa
Court: Madhya Pradesh
Decided on: Oct-21-1976
Reported in: AIR1977MP46; 1977MPLJ1
Singh, J.1. This is a petition under Article 226 of the Constitution. It has been referred to this Full Bench in view of conflict of authorities in this Court on the interpretation of Section 68-F (1-D) of the Motor Vehicles Act, 1939.2. Damodardas Sitaldas, who is the petitioner in this petition, holds a stage carriage permit for the route Hanumana-Telgawan. This route is an interstatal route as Hanumana is in Madhya Pradesh and Telgawan in Uttar Pradesh. By a notice dated 18th February 1976, the Regional Transport Authority has invited applications for grant of a return trip permit for the route Bidhauli-Sidhi via Sonbarsa-Amaliya-Bahari-Kubari. Whole of this route lies in Madhya Pradesh, but a part of it, which lies between Amaliya and Bahari, overlaps the interstatal route Hanumana-Telgawan. The Madhya Pradesh State Transport Corporation, which is a State Transport Undertaking, published Scheme No. 39 in December 1965 under Section 68-C. This Scheme, which is still awaiting approva...
Tag this Judgment!Jogindra Singh Vs. Govt. of M.P., Bhopal and ors.
Court: Madhya Pradesh
Decided on: Oct-20-1976
Reported in: AIR1977MP51; 1977MPLJ130
Lodha, J. 1. The following points have been referred to me on account of difference of opinion between the learned Chief Justice end Singh J., constituting the Division. Bench, which heard the case :--(i) Whether the petitioner has locus standi to claim a writ ?(ii) Whether on the facts and in the circumstances of the case respondents 1, 2 and 3 should be restrained from enforcing the notification Annexure 'D' against the petitioner, leaving it open to the State Government to confirm the said notification and enforce it against the petitioner after giving opportunity of hearing him or his representative ?2. Before I proceed to record my opinion on the above points, it would be proper to state a few facts giving rise to this petition.3. In exercise of its powers under Section 43 (1) of the Motor Vehicles Act, Act No. 4 of 1939 (which for the sake of shortness will be hereinafter referred to as the 'Act') the Government of Madhya Pradesh published the following draft of the proposed dire...
Tag this Judgment!Sudarshan Finance Corporation and ors. Vs. the State of Madh. Pradesh
Court: Madhya Pradesh
Decided on: Oct-20-1976
Reported in: AIR1977MP74; 1977MPLJ74
Shiv Dayal, C.J.1. This writ petition and the other writ petition (Misc. Petition No. 35 of 1976) under Article 226 o the Constitution challenge the validity of the M. P. Dhan Parichalan Skeem (Pratishedh) Adhiniyam, 1975 (Act No. 19 of 1975) (hereinafter referred to as the Act), on the ground of want of legislative competence in the State Legislature, as also for vagueness and arbitrariness and as a colourable piece of legislation and fraud on the Constitution, and further as violative of the fundamental right under Article 31 of the Constitution. During the course of the final hearing of these petitions, leave was sought to amend them. It was granted as the learned Advocate-General had no objection. By the amendment, the Act is further challenged as in contravention of Articles 301 to 304 of the Constitution.2. Section 3 of the Act reads thus:--'No person shall promote or conduct any money circulation scheme or enrol as a member in any such scheme, or participate in it otherwise, or ...
Tag this Judgment!Ratan Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-20-1976
Reported in: 1977CriLJ673
J.P. Bajpai, J.1. This order shall govern the disposal of Criminal Appeal No. 692 of 1976 (Ratansingh v. The State of Madhya Pradesh), also.2. The facts giving rise to this Miscellaneous Criminal case and the aforesaid criminal appeal are as below:Hansram Raisingh and Ratansingh (present applicant and appellant in Criminal Appeal No. 692/76) were convicted by the Sessions Judge, Balaghat for the offences punishable under Section 302 read with Section 34 and Section 201 of the Indian Penal Code for committing murder of Ramu and causing disappearance of the dead body of Ramu with intent to suppress the evidence of murder and were sentenced to imprisonment for life, each.3. Accused Hansram and Raisingh preferred an appeal from jail against the aforesaid judgment of conviction and sentence of life imprisonment. However, the present applicant Ratansingh (appellant in Criminal Appeal No. 692/76) did not do so. The memo of appeal annexed with the prescribed form of preferring the appeal from ...
Tag this Judgment!The State of Madhya Pradesh Vs. Ramcharan
Court: Madhya Pradesh
Decided on: Oct-19-1976
Reported in: AIR1977MP68
Singh, J.1. Ramcharan, the respondent in this appeal, was prosecuted under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950, on a complaint made by the Station Officer Rehli, District Sagar. The Magistrate First Class, Rehli, by his order dated April 19, 1974 convicted the respondent and sentenced him to pay a fine of Rs. 600/- or, in default, to undergo simple imprisonment for four months. On an appeal preferred by the respondent, the First Additional Sessions Judge, Sagar, by his order passed on March, 8, 1975 acquitted the respondent mainly on the ground that the Station Officer Rehli was not empowered under Section 7(1) of the Act to make the complaint. The State preferred the present appeal against the order of acquittal passed by the Additional Sessions Judge. At the time of admission of the appeal before a Division Bench, the learned Government Advocate produced a copy of Notification No. G. S. R. 1512 of December 24, 1960 under which the Station Officer, Rehli, ...
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