Madhya Pradesh Court August 1989 Judgments
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Mohammad Hanan Vs. the Regional Transport Authority, Indore Region and ...
Court: Madhya Pradesh
Decided on: Aug-23-1989
Reported in: AIR1990MP158
V.D. Gyani, J.1. The petitioner challenges the directions date 22-12-1983 (Annexure-1), issued by the respondent No. 1 inter alia providing that tempos purchased from outside in Indore Division, shall not be granted permit to ply in the city of Indore in accordance with the policy decision regarding grant of permits to passenger-auto rickshaws for Indore city, arrived at by the Transport Committee Meeting held on 11-2-1982, file as Annexure-6.2. The petitioner purchased a passenger-tempo on 10-11-1983 from Nagpur and brought it to I ndore, where he wanted to ply it on obtaining a regular permit. He applied for registration on 16-11-1983, under the head 'public service vehicle' and also prayed for grant of a temporary permit to ply the tempo as a public service vehicle in the city of Indore. On 30-12-1983 he applied for a Contract carriage permit for plying the tempo within the limits of Municipal Corporation, Indore.3. Registration of vehicle was refused by the respondents on the groun...
Shafiullah Vs. the M.P. State Road Transport Corpn.
Court: Madhya Pradesh
Decided on: Aug-23-1989
Reported in: (1990)IILLJ313MP; 1990MPLJ515
ORDERT.N. Singh, J. 1. This Letters Patent Appeal has been heard analogously with eleven other similar appeals for the reason that in all these appeals the same order passed on 28th April 1986 by a learned Single Judge of this Court, sitting at this Bench, in the respective cases of each of the appellants, is challenged. The common respondent, Madhya Pradesh State Road Transport Corporation, for short, 'MPSRTC, was petitioner in those cases and had challenged the decision of the Industrial Court, Indore, upholding the claim of the respondents therein (herein appellants) that they could be legally retired on attaining the age of sixty years, and not before that. That decision is challenged in these appeals, namely, L.P.A. Nos. 16, 18, 19, 21, 22, 23, 24, 26, 27, 28, 29 and 30 of 1988. Another Letters Patent Appeal, namely, L.P.A. No. 2 of 1988 is also heard analogously, but in that appeal, an order was passed on 2nd April 1986 in Misc. Petition No. 135 of 1982 by a learned Single Judge ...
Union of India (Uoi) Vs. Samarathmal
Court: Madhya Pradesh
Decided on: Aug-23-1989
Reported in: 1990CriLJ1153
V.D. Gyani, J.1. This is an appeal against acquittal. The accused-respondent has been acquitted of charges under Section 3 and 4A of the Import and Export (Control) Act, 1947, Clauses 3 of the Import (Control) Order, 1955, and under Section 11 read with Section 135(b) of the Customs Act, 1962.2. It was on 8-10-1973, on the basis of intelligence collected by the Central Excise Officers, a vigil was kept on the godown of M/s. Roshan Transport and Forwarding Agency, Jawahar Marg, Indore. The accused arrived at the office of the aforesaid Transport and presented a lorry receipt, and after completing other necessary formalities, took delivery of a package. Jyoti Silk Factory was the consignor while the consignee's name as given in the lorry receipt was Shah Babubhai Manakchand, Indore, but it was the accused-respondent who had taken delivery of the package.3. There was intelligence information that the package contained, contraband goods the accused was questioned about it, who admitted in ...
Nawabkhan and ors. Vs. the State
Court: Madhya Pradesh
Decided on: Aug-23-1989
Reported in: 1990CriLJ1179
V.D. Gyani, J.1. This appeal (Cr.A. 60/ 85) is connected with Cr.A. 82/85 preferred by co-accused Mushtali, who was also jointly tried along with other accused appellants Nawab, Abbas and Shabbir. Both these appeals, therefore, were heard together and are being decided by a common judgment. Appellants Mushtaque and Nawab have been found to be guilty of offence punishable Under Section 376 IPC, while appellants Abbas and Shabbir have convicted Under Section 370/34 IPC and all of them have been sentenced to undergo rigorous imprisonment for ten years. Mushtaque in addition to the above sentence, has also been found to be guilty of a charge under Section 366, I.P.C. and sentenced to undergo RI for three years.2. Aggrieved by the judgment dated 18-1-85 passed by the Addl. Sessions Judge, Shajapur (Camp Shujalpur) in S.T. No. 80/84, the accused have preferred these appeals.3. Prosecution case was that Parwati was married to Ramesh of village Dhiglepur. On the date of incident i.e. on 12th o...
State of Madhya Pradesh Vs. Asian Drugs and ors.
Court: Madhya Pradesh
Decided on: Aug-23-1989
Reported in: 1990CriLJ105
V.D. Gyani. J.1. This is appeal against acquittal. The accused-respondents were prosecuted for offences punishable under Sections 18(c) read with Section 27(1) and (2) and Rule 74(1) read with Section 27(b) of the Drugs and Cosmetics Act (for short, the Act).2. Respondents 2 to 6 are partners, while respondents 7 and 8 are Manager and Manufacturing Chemist respectively of the said Firm. Respondents were granted licence for manufacturing tablets of Chloroquine Phosphate of 75 mg. each (Paediatric dose), but they actually manufactured tablets containing 125 mgs. drug, thus violating the conditions of the licence.3. The accused-respondents were charged with the following charges :Firstly :-That from 12-6-75 to 3-5-76, they themselves or as a partner or manufacturing chemist of appellant No. 1 violated the provisions of Section 18(c) of the D & C. Act by manufacturing and storing for sale and also selling Chloroquine phosphate tablets of 125 mg. without any licence for the same and, theref...
Mohanlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-23-1989
Reported in: 1990CriLJ1093
V.D. Gyani, J. 1. This appeal is directed against the judgment dt. 7-7-87, passed by the IInd Additional Sessions Judge, Mandsaur in Sessions Trial No. 178/86, thereby convicting the appellant under Section 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), and sentencing him to undergo R.I. for ten years, and pay a fine of Rs. one lac or in default of payment of fine, to suffer a further two years' R.I.2. The prosecution case stated in brief --was that on 7th Feb. 1986, around 4.00 p.m. in village Ramkoda, within the jurisdiction of the Police Station Bhavgat, District Mandsaur, the appellant was found to be in possession of 10 kgs. 100 gms. of opium.3. On information received as per Ex. P.13, the Station House Officer, Police Station, Bhavgat, proceeded for raid and on reaching the house of the appellant, searched the same and found a plastic bucket lying in a corner of a room on the first floor of the house. It contained a ragzine ba...
JaIn Transport Co. and ors. Vs. Sakinabai
Court: Madhya Pradesh
Decided on: Aug-22-1989
Reported in: AIR1990MP106; 1990MPLJ747
ORDERK.L. Shrivastava, J. 1. This revision petition by the tenant is directed agains the order dated 24-3-1987 passed by the Rent Controlling Authority, Ujjain (for short the Authority) whereby in proceedings under Section 23-A of the M.P. Accommodation Control Act, 1961 (for short 'the Act') it has been directed that the burden of proof being on him, he has to lead evidence first. 2. Circumstances giving rise to this revision petition are these. The non-applicant filed an application under Section 23-A of the Act against the petitioner for the latter's eviction. During inquiry, when one of the witnesses for the non-applicant had already been examined it was contended on behalf of the non-applicant that in view of the presumptionunder Section 23-D(3) of the Act the burden of proof being on the petitioner it should be required to produce its evidence first. On behalf of the petitioner it was contended that the N. A. must first complete her evidence. The learned Authority, in the light o...
Dharamwati Bai (Deceased by Lrs.) and ors. Vs. Shiv Singh (Deceased by ...
Court: Madhya Pradesh
Decided on: Aug-22-1989
Reported in: AIR1991MP18
T.N. Singh, J.1. This appeal is by defendant No. 1 (since deceased) whose sate deed dated 10-1-1963 (Ex. D/22) has been declared not binding on plaintiff Shiv Singh and who is injuncted permanently from interfering with plaintiffs ownership and possession of the property covered by the sale deed. The sale deed was executed by defendant No. 2 and the decree bound her also, but during the trial of the suit, she expired and in this appeal, her adopted son, Vijay Singh, is impleaded as respondent No. 2.2. The suit out of which this appeal arises was instituted on 17-8-1964 and occasion evidently was provided by judgment rendered on 7-2-1964 by this Court in Second Appeal No. 140 of 1963 in which late Janki Bai defendant No. 2, was arrayed as respondent No. 2. That appeal arose out of a suit institut-ed by the appellant late Bapu Saheb Tomak father of plaintiff Shiv Singh. Be it mentioned, however, that during the pendency of the instant appeal Shiv Singh also died. But, it is also notewort...
Laxman S/O Kanhaiyalal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-1989
Reported in: 1990MPLJ13
ORDERK.L. Shrivastava, J.1. This is an application under section 482 of the Criminal Procedure Code, 1973 (for short 'the Code') for quashing the proceedings in Criminal Case No. 375 of 1987 pending in the Court of Judicial Magistrate, First Class, Maheshwar.2. Circumstances giving rise to the application are these : On the basis of a written report lodged at P.S. Maheshwar by Govind Tiwari, Advocate, Maheshwar, the police on 24-7-1987 filed a challan under section 420, Indian Penal Code against the petitioner.3. According to the report the petitioner on 13-1-1987 borrowed Rs. 3000/- from the said Advocate and executed a document assuring him that he would repay the loan on receipt of money from Mandleshwar Court. However, despite haying received a cheque from the Court on 9-3-1987 and having withdrawn the amount, the petitioner despite persistent demands, has been evading payment and ultimately on 29-4-1987 when the petitioner had come to the office of the non-applicant he on being to...
Jhamaklal Balmukund Baser and anr. Vs. State Transport Authority and o ...
Court: Madhya Pradesh
Decided on: Aug-22-1989
Reported in: 1990(0)MPLJ316
ORDERA.G. Qureshi, J.1. This order shall also govern the disposal of M.P. No. 892 of 1989 (Prasanna Vhandra Chordiya and Anr. v. The Secretary, S.T.A., M. P., Gwalior and Anr.). The points which arise for determination in both these petitions being identical despite the facts being different, both the petitions are being disposed of by this common order.2. M. P. No. 891 of 1989 is filed by the petitioners who are Ws operators plying passenger buses on the strength of permits granted to them by the Regional Transport Authority, Ujjain Region, Ujjaih. They hold permits for plying stage, carriage vehicles for the route Mandsaur-Neemuch and Neemuch-Rampura. By this petition the petitioners challenge grant of counter signatures on the temporary permit granted to respondent No. 3' by Secretary, RTA, Kota on the route Rawatbhata-Neemuch, Via Gandhi Sagar, Rampura and Manasa, which is an inter-State route within the meaning of the Second Proviso of Section 45 of the Motor Vehicles Act. The tot...
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