Madhya Pradesh Court April 1985 Judgments
Raj Bahadur Pathak Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-27-1985
Reported in: 1985MPLJ549
G.L. Oza, C. J.1. This is a petition filed by the petitioner seeking a direction to quash the order of supersession of the Governing Body of the M.P. Council of Child Welfare, Bhopal, and also to quash the two notices to show cause, D/- 15-7-83 and 18-8-83 and also for a declaration that provisions contained in Section 33 of the Societies Registrikaran Adhiniyam, 1973 are ultra vires.2. According to the petitioner, the M.P. Council of Child Welfare, Bhopal was registered as a society under the Societies Registration Act, 1860 (21 of 1860) on 23-2-59 and the society had its own rules and regulations, copy of which has been filed along with the petition. According to the petitioner, the society is affiliated to the Indian Council of Child Welfare, New Delhi and the objects of the society are contained in the Memorandum of Association. The society mainly was formed as an Association for furtherance of the schemes of child welfare and also to take effective steps by organising, guiding or ...
Tag this Judgment!Harbhajan Singh Monga Vs. Amarjeet Kaur
Court: Madhya Pradesh
Decided on: Apr-26-1985
Reported in: AIR1986MP41
V.D. Gyani, J.1. This appeal under Section 28 of the Hindu Marriage Act is directed against the order dt. 22-4-83 passed by the Additional District Judge, Ujjain in Hindu Marriage Case No. 3A/82 dismissing the appellants suit for divorce. The appellant and the respondent came of affluent families. The appellant is serving in a Bank. The respondent daughter of a businessman from Bhawani Mandi (Rajasthan). She is a graduate from Vanasthali near Jaipur. They married on 25-2-79. After the marriage they lived together till Sept., 1979 and thereafter the respondent left for her parental home and joined the appellant in July, 1980 and was blessed with a child. On or about 19-11-80 the respondent left the appellant.2. The appellant filed a case for divorce on the ground of cruelty. The instances of cruelty attributed against the respondent are :(a) Disobedience, (b) Refusal to cook, (c) Insulting to appellant in presence of others. (d) Ill-treating the appellant including beating. (e) Threaten...
Tag this Judgment!Ramkali Bai and ors. Vs. Dr. S. Swaminathan and ors.
Court: Madhya Pradesh
Decided on: Apr-26-1985
Reported in: 2(1985)ACC182
Faizanuddin, J.1. This appeal by the claimants Under Section 30 of the Workmen's Compensation Act has been directed against the order dated 11-11-1978 passed by the Commissioner for Workmen's Compensation (hereinafter referred to as 'The Commissioner') passed in case no. 10/W.C. (Fatal)/78, rejecting the appellants' claim for Compensation.2. The deceased Shivnath husband of the appellants No 1 and 2 and father of appellants no. 3 to 5 was working in Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur (hereinafter referred to as 'the University) as a Chowkidar on a daily wages @ Rs. 4 (rupees four). It is alleged that in the midnight of 20th July 1977 at about 12 30 a.m. while he was on duty as Chowkidar in Adhartal Dairy Farm Store of the University he was bitten by a snake which resulted into his death next morning to Victoria Hospital, Jabalpur. The appellants, therefore, led a claim for compensation under the Act. The claim petition was resisted by the respondents on the ground that ...
Tag this Judgment!Sambhudayal Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-23-1985
Reported in: (1986)ILLJ110MP
B.M. Lal, J.1. Petitioner, Dr. Shambu-dayal Sharma who is double M.A., M.Ed, and Ph.D. was appointed as an upper division teacher on 6th September, 1958 by the respondent No. 1 and his services were placed under the respondent No. 2, the Director, Tribal, Harijan and Backward Classes Welfare Department, Government of. Madhya Pradesh, Bhopal. He was discharging his duties honestly, efficiently and diligently. Therefore, according to him, he was given timely promotion to the higher posts and was also allowed to cross the efficiency bar by an order of the respondent No. 1. The petitioner on 8th October, 1984 was posted as Principal, Higher Secondary School, Kurai, District Seoni, from where he was compulsorily retired by the respondent No. 1 in exercise of powers under Rule 42 of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (hereinafter referred as the 'Rules'). Therefore, this petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India.2. ...
Tag this Judgment!Ramsingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-23-1985
Reported in: 1986CriLJ1745
R.C. Shrivastava, J.1. The appellants, who are real brothers, have been convicted under Section 307 of the Penal Code for attempting to murder Narayan Singh (P.W. 1) and sentenced to undergo rigorous imprisonment for 6 months each.2. The conviction is based on the solitary testimony of the victim Narayansingh (P.W. 1). There being background of enmity between him and the appellants, his testimony has to be scanned with caution. In paragraph No. 1 of his testimony, he stated that Bundelsingh (appellant No. 2) dealt a Lohangi blow to the left side of his head. That is not only not supported by medical evidence, but is also contrary to his version in the first information report (Ex.P. 1) that Bundelsingh dealt Lohangi blows to his legs and back. In the same para, he stated that Laljiram (appellant No. 3) dealt an axe-blow to his left leg. That is inconsistent with his version in the first information report that Laljiram dealt an axe-blow to his right hand. In the same para of his deposi...
Tag this Judgment!Commissioner of Sales Tax Vs. Gwalior Oil Mills
Court: Madhya Pradesh
Decided on: Apr-17-1985
Reported in: [1986]62STC299(MP)
U.N. Bhachawat, J.1. This is a reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958 (for short, hereinafter referred to as the Act), at the instance of the department by the Sales Tax Tribunal (the Board of Revenue, Madhya Pradesh, Gwalior), whereby it has referred the following questions for our decision, arising out of its decision dated 25th October, 1977, as questions of law :(1) Whether, in the facts and circumstances of the case, the Board was justified in holding that no penalty under Section 8(2) of the Madhya Pradesh General Sales Tax Act, 1958, is attracted if the quantity of finished products sold in S. O. S. did not exceed the quantity of raw materials purchased without concessional rate, even though there was every possibility of the raw materials purchased at concessional rate and otherwise forming part of the finished products in the ratio of their purchases, the accounts of the two sorts of raw materials and the finished products not being sep...
Tag this Judgment!Shyamkant Tiwari Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-11-1985
Reported in: (1986)IILLJ404MP; 1986MPLJ63
K.L. Shrivastava, J.1. This petition under Article 226 of the Constitution of India filed in February, 1983 is for quashing the order dated 23rd February, 1981 passed by the Superintendent of Police, Indore, the respondent No. 4 whereby in the Departmental Enquiry held against the petitioner and two others, he has been dismissed from service and also the appellate order dated 6th June, 1981,2. It is not in dispute that at the relevant time the petitioner was holding the post of police constable at Indore. Charges dated 19th December 1980 framed by the Superintendent of Police, Indore were in respect of the activities dated 14th' December 1980 of the petitioner and others. City Superintendent of Police, Indore (East) working under the Superintendent of Police, Indore was the Inquiring Authority. There is no order for common proceedings against the petitioner and hiscode linquents.3. The petitioner had moved an application before the Inquiring Authority that he apprehends retaliatory act...
Tag this Judgment!Foods Fats and Fertilisers Ltd. Vs. Ramkishandas Radhakishan
Court: Madhya Pradesh
Decided on: Apr-09-1985
Reported in: AIR1986MP233; 1985MPLJ498
Awasthy, J.1. This is an appeal against an order passed by the District Judge, Ambikapur, in Civil Suit No. 11-A/79 D/- 29-1-1981, under Sections 14 and 17 read with Section 33 of the Arbitration Act.2. The appellant-applicant is a public limited company and the non-applicant is a business firm. It is alleged that the appellant entered into a contract with the non-applicant through broker, M/s. Gopal Company for sale of Sal-seeds, kernels decorticated on 25-3-1976. According to the terms of the contract, it was agreed between the parties that in the event of any dispute relating to the said contract, it shall be referred for arbitration to the Tribunal of Bengal Chamber of Commerce and Industries, Calcutta for adjudication and the decision of the said Tribunal shall be binding on the parties. It was alleged that the non-applicant respondent committed a breach, hence a dispute arose and the matter was referred for arbitration by the applicant claiming compensation and damages amounting ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Nek Ram Singh Tomar
Court: Madhya Pradesh
Decided on: Apr-08-1985
Reported in: 2(1985)ACC569
K.M. Agarwal, J.1. This is an appeal by the Insurance Company and the owner-cum-driver of the motor bike against the award of compensation made in favour of the respondent by the Claims Tribunal.2. The respondent is a police constable, who was dashed on 17-9-1979 against the motor cycle No. CPH 4354, which was owned and driven by the appellant No. 2 on the date of the accident. As a result of the accident, the respondent sustained fracture of his right radisu one ulna bones and a formity of his left index finger besides sustaining other minor injuries He, therefore, preferred a petition for compensation to the tune of Rs. 25,000/-. After recording a finding that the appellant No. 2 was rash and negligent in driving the motor bike and that the vehicle was insured with appellant No- 1 the Claims Tribunal was pleased to award a sum of Rs. 20,000/- by way of compensation to the respondent against the appellants. The entire amount has been made payble by the Insurance Company. Being aggriev...
Tag this Judgment!Heeralal Vs. Collector, Distt. Dhar and ors.
Court: Madhya Pradesh
Decided on: Apr-04-1985
Reported in: AIR1985MP233
U.N. Bhachawat, J. 1. This is a petition under Article 226 of the Constitution of India for issuance of a writ of mandamus so as to quash the order (Annexure C) of the Collector, Dhar.2. The short facts giving rise to the petition are these : The petitioner No. 1 is the Sarpancha of the Gram Panchayat, Kothada, which is the petitioner No. 2 herein. The Collector, Dhar within whose territorial jurisdiction the Gram Panchayat, Kothada is located, vide Annexure-C dt. 15-2-1984, constituted a committee for construction work to be carried out by the Gram Panchayat, Kothada. The contention of the petitioner is that the Collector who is, of course, the prescribed authority under Section 79 of the Madhya Pradesh Panchayat Act, 1981 (hereinafter for short referred to as the Act), had no authority either under that Section or under any other Section of the Act to constitute the said Committee and, therefore, the constitution of the said Committee is invalid.3. The learned counsel for the respond...
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