Madhya Pradesh Court April 1989 Judgments
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Ram Sahai Varma Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-17-1989
Reported in: AIR1989MP334
T.N. Singh, J.1. This order shall govern disposal of the connected petition also, namely, Misc. Petition No. 386 of 1989 (Vishnu Datt Tiwari v. State of Madhya Pradesh) as a common grievance is agitated by both petitioners regarding traffic problem in the city of Gwalior on a road facing this Court.2. A return has come in this petition though in the other matter, there is no return as yet. However, both petitions being interlinked for analogous hearing, we have considered it appropriate to consider the stand of the respondents with respect to petitioners' common grievance and in that connection, we have read the return in appropriate perspective. But the short complaint of the petitioner, who is an Advocate of this Court and the legal basis thereof may be stated first. The complaint is that the authorities, namely, the Collector and District Magistrate, Gwalior(respondent No. 1) and Superintendent of Police (Traffic), Gwalior (respondent No. 2) have arbitrarily and illegally restricted...
Parmanand S/O Dayaram and ors. Vs. Manohardas S/O Govinddas
Court: Madhya Pradesh
Decided on: Apr-17-1989
Reported in: 1990(0)MPLJ466
ORDERR.K. Verma, J.1. This is an appeal under section 110-D of the Motor Vehicles (hereinafter referred to as 'the Act'), filed jointly by the driver, owner and the insurer pertaining to the offending tractor bearing registration No. CPE 7525 against the Award dated 22-6-1984 made by the Illrd Motor Accident Claims Tribunal, Indore in Claim Case No. 69/82 whereby the learned Tribunal has awarded compensation amounting to Rs. 50,000/- to the injured claimant respondent against the appellants jointly and severally in respect of the injuries sustained by the injured claimant in the motor accident due to collision between the offending tractor and the scooter bearing registration No. MPB 7430 in which the claimant-respondent was a pillion rider.2. The facts giving rise to this appeal, briefly stated, are as follows: -On 28-2-1982 at about 6.30 P.M. while the claimant respondent was riding the pillion of the scooter bearing registration No. MPB 7430 which was being driven by one Prem Kumar ...
Parmanand and ors. Vs. Manohardas
Court: Madhya Pradesh
Decided on: Apr-17-1989
Reported in: II(1989)ACC366; 1990ACJ888
R.K. Varma, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act (hereinafter referred to as 'the Act') filed jointly by the driver, owner and the insurer pertaining to the offending tractor bearing registration No. CPE 7515 against the award dated 22.6.1984 made by the IIIrd Motor Accidents Claims Tribunal, Indore in Claim Case No. 69 of 1982 whereby the learned Tribunal has awarded compensation amounting to Rs. 50,000/- to the injured claimant-respondent against the appellants jointly and severally in respect of the injuries sustained by the injured claimant in the motor accident due to collision between the offending tractor and the scooter bearing registration No. MPE 7430 on which the claimant-respondent was a pillion rider.2. The facts giving rise to this appeal, briefly stated, are as follows:On 28.2.1982 at about 6.30 p.m. while the claimant-respondent was riding the pillion of the scooter bearing registration No. MPE 7430 which was being driven by one Prem Kum...
Smt. Geetabai and ors. Vs. Babulal and ors.
Court: Madhya Pradesh
Decided on: Apr-12-1989
Reported in: AIR1990MP147; 1989MPLJ718
ORDERK.L. Shrivastava, J. 1. This revision petition is directed against the order dated 5-5-1988 passed by the 10th Addl. Judge to the Court of Dist. Judge, Indore in MJC. No. 8/84 registered on the application filed by the respondent No. I Babulal under Order 20, Rule 11, C.P.C. read with Section 151 ibid. 2. Circumstances giving rise to this petition are these. The N. A. I Babulal instituted a partition suit (C.S. No. 7-A/ 88) in the Court of 2nd Addl. District Judge, Indore, against his three brothers including Badrilal (since deceased) in relation to house No. 170 Khajoori Bazar Indore and some movables. 3. A preliminary decree under Order 20, Rule 18(2), C.P.C. was passed and in the final decree proceedings the house was put to sale under Section 3 of the Partition Act 1893 (for short 'the Partition Act'). The respondent No. 1 Babulal and out of the petitioners who arc L. Rs. of the deceased Badrilal, Arunkumar obtained Court's permission to bid. In the court sale the N. A. Babula...
Smt. Rajeshwari Vs. Jugal Kishore Gupta
Court: Madhya Pradesh
Decided on: Apr-12-1989
Reported in: AIR1990MP217; I(1990)DMC502; 1990MPLJ103
P.C. Pathak, J.1. The defendant/wife has filed this appeal against rejection of her application under Rule 13 of Order IX of the Code of Civil Procedure.2. The respondent/husband filed a petition on 10-12-1982 under Section 12(1)(b) and (c) for annulling the marriage by a decree of nullity alternatively under Section 13(1)(b) of the Hindu Marriage Act, 1955 (hereinafter in short 'the Act') to dissolve the marriage by a decree of divorce on the allegations that the parties were married on 1-3-1978 according to Hindu rites and customs. Thereafter, the defendant lived with the plaintiff until 20-3-1978 whereafter she returned, along with her brother, to her parents' house. Thereafter, she was again brought to matrimonial home on 7-5-1978 and lived with him till 12-8-1978. During her stay with the plaintiff, he discovered that she was suffering for the last about five years from epilepsy. The marriage was thus in contravention of Section 5(ii)(c) of the Act viodable under Section 12(1)(b) ...
Ridh Karan Patni Vs. Jagdish Prasad Agarwal
Court: Madhya Pradesh
Decided on: Apr-11-1989
Reported in: AIR1990MP224
K.V. Verma, J.1. Sensing a conflict between 'Jagdish Chandra v. Sara Bai, 1984 MPRCJ (Note) 105, dated 13-3-1984 of Muley, J. and 'Phool Chandra Garg v. Ram Narain' in C. M. A. No. 85 of 1974, (G) decided by Rampal Singh, J., on 28-6-1985, on the interpretation of Sub-section (6) of Section 12 of the M. P. Accommodation Control Act, 1961 (Act 41 of 1961) -- hereinafter 'the Act'--, the learned single Judge, Dr. T. N. Singh, J., stated the following question for decision by a larger Bench.'Whether it is obligatory on the Court passing the decree for eviction to make an order for determination of 'standard rent' in accordance with the provisions of Section 7/10 of the M. P. Accommodation Control Act before passing an order of compensation payable to the landlord and before landlord's obtaining possession of the concerned premises, or the order for compensation may be passed on the basis of agreed or contractual rent, according to the terms of the tenancy between the parties?'2. For a foc...
Commissioner of Sales Tax Vs. Vimalchand Prakash Chand
Court: Madhya Pradesh
Decided on: Apr-11-1989
Reported in: [1990]77STC422(MP)
G.G. Sohani, Ag. C.J.1. By this reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'), the Board of Revenue has referred the following question of law to this Court for its opinion :'Whether under the facts and the circumstances of the case, the Tribunal was justified in holding that penalty under Section 17(3) of the M.P. General Sales Tax Act, 1958, could not be imposed on the assessee at the appeal stage ?'2. The material facts giving rise to this reference, briefly, are as follows : The assessee is a dealer in cotton. The assessee had submitted quarterly returns for the assessment year in question within time, but tax relating to second and third quarter was paid by the assessee after the expiry of the period prescribed therefor. The assessee later on filed revised returns. While framing assessment, the assessing authority also issued a notice to the assessee to show cause why penalty under Section 43(1) of the Act be...
Kailash Chandra S/O Dwarkadas Agrawal Vs. National Textile Corporation ...
Court: Madhya Pradesh
Decided on: Apr-11-1989
Reported in: 1991(0)MPLJ290
ORDERS.K. Dubey, J.1. The petitioner Kailashchandra, who carries on business of purchasing coal ash in the name and style of M/s. Kaithshchand Dwarkadas Agrawal, has preferred this petition under Article 226 of the Constitution of India, against the order of non-consideration of his higher tender, which was submitted by him for lifting the stock of coal ash for a period of 18 months. The petitioner has also challenged the action of the respondents Nos. 1, 2 and 3, whereby the petitioner has been excluded from further business with the National Textile Corporation Limited (hereinafter referred to as 'the Corporation') and the textile mills under the Corporation, and has prayed for quashing of the order of blacklisting and for issuance of a writ of mandamus directing respondents Nos. 1, 2 and 3 to accept his higher tender for purchasing the coal ash and to allow him to purchase the coal ash for the period mentioned in the tender notice Annexure A-3 (R- 2).2. The material facts leading to...
Bacchanlal and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-11-1989
Reported in: 1993(0)MPLJ284
ORDERT.N. Singh, J. 1. Two unsuccessful candidates have joined hands in this petition challenging the election held for the Office of Sarpanch of Gram Panchayat, Mohana, the result of which was declared on 6-2-1989 in favour of respondent No. 4, Chhote Singh son of Mangal Singh. When the petition was admitted, care was taken to limit the scope of controversy to the question whether the election process as a whole was vitiated as a result of the symbol 'Lotus Flower' being printed on the ballot paper resulting in the voters being misguided. Accordingly, we are required to resolve in this matter that controversy only.2. The crucial facts in regard to that controversy are mostly admitted, manifested albeit on the face of Annexure P/1 of the petition and R/1 of the common return of three respondents -- Collector, District Gwalior; Gram Panchayat Mohana, Tahsil Ghatigaon; and the Assistant Returning Officer. The ballot paper used in the election is Annexure P/1 on which 11 different symbols...
Kedia Leather and Liquor Pvt. Ltd., Indore Vs. State of Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Apr-10-1989
Reported in: AIR1990MP141; 1989MPLJ538
A.C. Qureshi, J. 1. The petitioner in this petition is a Company carrying on the business of production of leather board and other business activities in the backward area at Sajwaya and Ekalduna in Distt. Dhar. The State of Madhya Pradesh have declared certain districts as backward districts and Dhar is one of those districts, wherein certain concesssions like exemption from certain levies and provision for subsidy from various departments and similar other facilities have been provided by the Government to prompt the industrialists to instal their industries with an object that if the industries are set up in such backward districts, the living standard of the people of the backward area would be improved. 2. The petitioner-company applied for provisional registration on 3-8-1984 as a Small Scale Industry, to the respondentNo.4, for setting up a liquor industry at village Ekalduna, district Dhar. The respondent No. 4, General Manager, Industries Deptt. District Industries Centre, Dha...
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