Madhya Pradesh Court August 1988 Judgments
Music Centre, Mandsaur and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1988
Reported in: AIR1989MP56; 1988MPLJ785
G.G. Sohani, Ag. C.J. 1. The Order in this petition will also govern the disposal of Misc. Petitions Nos. 1483/84, 2063/84,2258/84, 2237/84,2335/84, 2336/84, 2755/84, 1751/84, 2060/85, 2122/85,1875/85, 2476/85, 3045/85, 4107/85, 3700/85, 1192/85, 3579/85,1253/85, 756/86, 2832/85, 1988/85, 3177/85, 2617/84, 2119/85, 1037/86, 3355/84, 840/85, 841/85, 749/86, 3902/85, 3676/85, 3279/85, 1109/86, 1986/85, 2050/85, 2228/85, 2604/85, 3715/85, 1163/86, 3207/85, 3326/85,2589/84, 3167/84, 3489/84, 231/85, 3143/84, 136/85, 1333/85 and 3272/85.2. By these petitions under Article 226 of the Constitution of India, the petitioners have assailed the legality and validity of the proviso to Rule 30(1) of the Cinematograph Certification Rules, 1983, hereinafter referred to as the Rules. Though in the petitions, the petitioners had assailed the validity and legality of other provisions of law and the Rules, at the time of hearing, the petitioners confined their challenge to the proviso to Rule 30(1) of th...
Tag this Judgment!Commissioner of Sales Tax Vs. Jabalpur Cement Pipe Mfg. Co.
Court: Madhya Pradesh
Decided on: Aug-31-1988
Reported in: [1991]81STC111(MP)
K.M. Agarwal, J.1. This is a reference under Section 44(1) of the M.P. General Sales Tax Act, 1958 (in short, 'the Act'), at the instance of the department. The following question of law has been referred to us by the Tribunal :'Whether, under the facts and circumstances of the case, the Board of Revenue was justified in holding that 'septic tank' is covered under entry No. 19 of Part III of Schedule II of the Madhya Pradesh General Sales Tax Act and not under entry No. 45 of Part II of Schedule II of the Act ?'During the assessment period April 1, 1979 to December 31, 1979, the assessee claimed that the sale of septic tanks was liable to tax at the rate of 10 per cent under entry No. 19 of Part III of Schedule II. The contention was rejected by the Additional Sales Tax Officer by holding such sales to be liable to 12 per cent tax under entry No. 45 of Part II of Schedule II of the Act. In appeal, the order was upheld by the first Appellate Deputy Commissioner of Sales Tax. On further ...
Tag this Judgment!Madhya Pradesh Electricity Board and anr. Vs. Baisaikhia and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1988
Reported in: 1(1989)ACC258
B.C. Varma, J.1. This is defendants' appeal. The second appellant Shivlal Sahu was in the employment of the appellant No. 1 which is a Electricity Board constituted under the Indian Electricity (Madhya Pradesh) Act, 1951.2. The appellant, Board, in usual course of its functioning established a Sub-station in village Kuthla, tahsil-Murwara, district-Jabalpur and stretched electric wires in the village with the assistance of poles. The wires even passed over the fields in that village. The wires so stretched were on considerable height from the surface of the land. Through these wires electrical current flowed. On 13-4-76 at between 10 to 10.30 A.M. one Bhulla Kumhar on his way back from a tank after taking bath passed through one of such fields near a flour mill owned by Shankerlal Dubey. In the field lay handing 3 or 4ft. above the ground electric snapped live conductor. Bhulla Kumhar while crossing that field came in contact of those live wires through which electrical current was flo...
Tag this Judgment!HakimuddIn Vs. Zohrabai and ors.
Court: Madhya Pradesh
Decided on: Aug-30-1988
Reported in: II(1990)DMC72
K.L. Shrivastava, J.1. This revision petition is directed against the order dated 6-5-1988 passed by the VIIIth Additional Judge to the District Judge, Indore in Civil Suit No. 14-A of 1988.2. Circumstances giving rise to the petition are these. The non- applicant Zohrabai is the sister of the applicants Hakimuddin and Zakir Hussain. On the death of her father she instituted the aforesaid suit against the applicants for partition of the house in dispute.3. During the pendency of the aforesaid suit, the non-applicant Zohrabai filed an application under Section 151 of the Civil Procedure Code for grant of interim maintenance alleging that by a written agreement her brothers had agreed to pay Rs. 500/- per month to her towards her maintenance.4. After affording opportunity of hearing to the parties, the learned trial Judge relying on the decisions in Domaji v. Mst. Ubadrabai (1967 MPLJ SN 104) and Naval v. Banabai (1971 MPLJ SN 49) passed the impugned order directing the applicants 1 and ...
Tag this Judgment!Harbhajan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-30-1988
Reported in: 1989CriLJ2205
R.C. Lahoti, J.1. All the 3 accused/ appellants stand convicted by the trial Court under Sections 323/34, 324/34, 326/34 and 333/34. I.P.C. Each of them has been sentenced to six months' R.I. Under Section 323/34, I.P.C., to one year's R.I. under Section 324/34; to three years' R.I. with a fine of Rs. 500A each (and three months' imprisonment in default) Under Section 326/34, I.P.C., and three years' R.I. with a fine of Rs. 500/- each (three months' imprisonment in default of payment of fine Under Section 333/34, I.P.C. An amount of Rs. 1500/- has been directed to be paid by way of compensation to the injured Tejsingh, in the event of fine being realised. The sentences have been directed to run concurrently.2. The prosecution case is that Tejsingh (P.W. 4) was posted as Manager of Government Agriculture Farm at village Gajora of Tehsil Pichhore. There is a canal, passing through the Government Farm, which irrigates the Government Farm. On the southern side the fields of the accused/ pe...
Tag this Judgment!Hemlata Thakur Vs. Gopal Singh
Court: Madhya Pradesh
Decided on: Aug-29-1988
Reported in: II(1990)DMC347
P.C. Pathak, J.1. This is an application for transfer under Section 24 of the Code of Civil Procedure.2. The parties were married in February, 1980. The applicant/ wife resides in Jabalpur, while the non-applicant/husband resides at Sehore. As a result of their wedlock, two children were born in 1982 and 1984. Meanwhile, the non-applicant started making demands for more dowry. Since her father is only a peon drawing a salary of Rs. 400/- per month, his additional demands could not be fulfilled. As a result, the non-applicant started ill-treating and neglecting her. She contracted tuberculosis for which no steps were taken by him for her treatment. In April 1986, she was pushed out from the house and since then, she is living with her children with her father at Jabalpur.It is also alleged by her that she filed a petition under Section 125 of the Code of Criminal Procedure vide Misc. Cri. Case No. 718 in the Court of Judicial Magistrate, First Class. Notice to the non-applicant has not ...
Tag this Judgment!Chandrapal Singh Thakur Vs. Ranchibai and anr.
Court: Madhya Pradesh
Decided on: Aug-29-1988
Reported in: II(1989)ACC205
P.C. Pathak, J.1. The employer has filed this appeal under Order 43, Rule 1(d), CPC against order of Commissioner for Workmen's Compensation rejecting his application under Order 9, Rule 13 C.P.C.2. Respondent No. 1 Smt. Ranchibai made an application before the Commissioner for award of compensation of Rs. 27,000/- for the death of her husband Kallu Thakur while driving truck MPK 5655 on 6th May,1983. The appellant as also respondent No. 2 Insurance Company filed reply denying their liability. The claimant examined herself and one Dhaniram. The case was adjourned on 22-1-1985 for recording the evidence of the appellant. On 22-1-85 counsels for the appellant reported no instructions on behalf of the Insurance Company also it was stated that it does not wish to examine any witness. The Commissioner proceeded ex-parte against the appellant and passed an order dated 24-1-1985 awarding compensation of Rs. 27,000/- to the respondent.3. On 14-2-1985, the appellant made application before the ...
Tag this Judgment!Ramesh Chand Agrawal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-26-1988
Reported in: AIR1989MP152
Dr. T.N. SINGH, J.1. On unusual facts and under unusual circumstances our writ jurisdiction is invoked in this matter. What obtensibly is a claim to print and publish the Dainik Bhaskar, a local Hindi daily, is a tug of war, in fact and substance, for effective exercise of control and ownership of the newspaper, fought evidently on a slippery field. Most unfortunately, it is a family feud. Father and son are pitted against each other but they are currently the Managing Director, and Director respectively, of the Company owning the newspaper.2. As we proceed to state briefly the facts first, we make it clear that we would definitely deal, with though at the end, the legal contention concerning our jurisdiction to entertain the petition. Suffice it to say at this stage that though the controversy involves interpretation mainly of Sections 5,6, 8 and 8B of the Press and Registration of Books Act, 1987, for short, the Act, it is Section 8C of the Act that gives rise to objection concerning...
Tag this Judgment!Anupam Shahakari Griha Nirman Samithi Maryadit, Raipur Vs. State of Ma ...
Court: Madhya Pradesh
Decided on: Aug-25-1988
Reported in: AIR1989MP163
C.P. Sen, J.1. This is a petition under Article 226 of the Constitution for quashing of the order of respondent 2 dated 20-11-1987, refusing permission for development of the land, and the order dated 16-11-1987 of respondent 3, refusing to issue no objection certificate to the petitioner-society for development of the land for housing purposes. The petitioner is also seeking a declaration that the draft scheme published in the M.P. Gazette dated 11-9-1987 be declared invalid, and non-existing and a declaration that there is a deemed permission granted to the petitioner to develop the land.2. The petitioner is a co-operative housing society registered under the M.P. Cooperative Societies Act, 1960. M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973, (hereafter referred to as the 'Adhiniyam') has been enacted to make provision for planning and development and use of land, to make better provision for the preparation of development plans and zoning plans with a view to ensuring that town plann...
Tag this Judgment!Sarita Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Aug-25-1988
Reported in: 1(1989)ACC121
P.C. Pathak, J.1. This is an appeal Under Section 96 C.P.C. by claimant plaintiff for enhancement of compensation awarded by the trial Court.2 Appellant Ku. Sarita, aged 8 years, filed a suit for compensation of Rs. 50,000/- on the allegation that on 8-5-1977, she met with an accident in the train carrying coal for respondent No. 2 resulting in severance of her right leg from below her hip, half portion of her small finger, mutilation of next adjoining finger and serious injuries on her back, head and extremities. There is a double railway truck of M.P. Electricity Board (hereinafter in short 'the Board') from siding No. 5 for carrying coal from Gevara Road to Korba Power House. The track passes through N.C.D.C. Colliery. On one side there are huts and hotels and on the other there is open land. The inhabitants of those huts and hotels use the open land for fetching water, going to latrine and approach to mines. There is no level crossing or fencing of the track near the inhabited area...
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