Madhya Pradesh Court March 1990 Judgments
Nandkishore Vs. Nagar Palika, Shajapur and anr.
Court: Madhya Pradesh
Decided on: Mar-30-1990
Reported in: AIR1991MP99; 1991(0)MPLJ77
Y.B. Suryavanshi, J. 1. The order passed in this petition No. 382 of 1990 shall also govern the disposal of M.P. No. 386 of 1990 (Satpalsingh and others v. State of M.P. and others) and M.P. No. 383 of 1990 (Hokemsingh v. Nagar Palika through Administrator/ Chief Executive Officer, Shajapur and another) since they involve identical questions of facts and law.2. In all the three aforesaid petitions, thepetitioners were the bidders in auctions heldby the Municipal Council for collection ofterminal/passenger tax as envisaged under Rule 12 of M.P. Municipalities Terminal Taxon Passengers (Regulations of Assessmentsand Collection) Rules 1988. All the petitioners abovesaid have deposited the requisiteamounts as required under the agreementsbesides security deposit/earnest money. InM.P. No. 382 of 1990 the auction was forcollection of passengers tax at the Naka and itrelated to the Municipal Council, Shajapur.In M.P. No. 383 of 1990 the auction and theagreement relate for collection of termin...
Tag this Judgment!Dasoda Devi @ Gendarani Vs. Chunna
Court: Madhya Pradesh
Decided on: Mar-30-1990
Reported in: II(1991)DMC44
B.N. Lal, J.1. This is wife's first appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), against the Judgment & Decree dated 25.1.1986, whereby the learned District Judge, Damoh passed decree for restitution of conjugal rights under Section 9 of the Act in favour of the Respondent/husband.2. The short facts leading to this appeal are as under :The respondent brought an action against the appellant/wife claiming decree for restitution of conjugal rights under Section 9 of the Act. According to the plaint averments, marriage between the spouses was solemnized in the year 1974 in village Khamaria Tehsil Hata, District Damoh according to the Hindu customs and rituals prevailent amongst the Kachchi caste of Damoh district. The parties consumated their marriage by cohabiting in village Ronda, for about 8 years. However, in the month of June, 1982, the appellant deserted the respondent and did not return to village Ronda despite several attempts were m...
Tag this Judgment!Mukesh Kumar JaIn Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Mar-30-1990
Reported in: 1990MPLJ738
ORDERA.G. Qureshi, J.1. The petitioner Mukesh Kumar Jain has filed this petition under Article 226 of the Constitution for issuance of a writ of mandamus, prohibition or any appropriate writ 'or direction challenging the order of respondent No. 1 passed in exercise of powers under section 3(1) of the Conservation of Foreign Exchange and. Prevention of Smuggling Activities Act, 1974 for detention of the petitioner.2. According to the petitioner he owns the business of refining silver in the name and style of Suhel Metal Industry at Sanwer Road, Indore. He has also a shop at 54/3, Bada Sarafa, Indore. He resides with his father, but their business is independent of each other. The respondent No. 1 has passed an order in exercise of the powers under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called COFEPOSA Act) whereby it was directed that the petitioner be detained and kept in the Central Prison, Indore. The order h...
Tag this Judgment!Siddhartha Tubes Ltd. and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-30-1990
Reported in: 1991(0)MPLJ152
ORDERA.G. Qureshi, J.1. This order shall also dispose of M. P. No. 366 of 1990.The petitioner No. 1 in this petition is a company incorporated under the Companies Act. It has a factory at Sarangpur, district Rajgarh. The Company manufactures black and galvanised steel pipes and tubes in its aforesaid factory at Sarangpur. It is a medium scale industry with a licensed and installed capacity of 25000 metric tonnes per annum. The petitioner No. 2 is the Director of the petitioner No. 1 Company. According to the petitioners, the Government of Madhya Pradesh gave definite assurances to the medium and large scale industries in Madhya Pradesh, wherein it was started that a scheme will be prepared to give preference for purchase by the State Government Departments of goods produced by the medium and large scale industries. In accordance with the aforesaid policy, the State Government provided in the Stores qurchase, Acquisition, Custody and Accounts Rules incorporated in the Madhya Pradesh Fin...
Tag this Judgment!Girdhar Nagar S/O Krishnagopal Vs. State of M.P. Thr. Collector and or ...
Court: Madhya Pradesh
Decided on: Mar-30-1990
Reported in: 1991CriLJ2477
ORDERY.B. Suryawanshi J.1. The petitioner Girdhar Nagar s/o Krishna Gopal has filed this petition under Arts. 226/ 227 of the Constitution of India for an appropriate writ, direction or order for quashing the orders passed by the District Magistrate, Indore, Under Section 3(2) of the National Security Act, 1980 (for shorts, called the 'the Act'). The petitioner, for reasons whatever they may be, is not under detention and, therefore, the prayer is not for issuance of a writ of habeas corpus, but mandamus, for quashing the alleged order, which are said to be illegal. Hence, the petition is against threatened detention under the Act.2. The petitioner has stated that he is a businessman belonging to a particular party; that on 14-10-89 there were communal disturbances in which certain persons lost their lives and other got injured; certain shops were looted; that curfew was clamped and remained in force for a long time; that police, Malharganj, Indore registered 2 Criminal cases first cri...
Tag this Judgment!Malkhan Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-28-1990
Reported in: 1990CriLJ2763
S.K. Dubey, J.1. The appellant Malkhan Singh was charged and tried for an offence under Section 302, Indian Penal Code, for committing the murder of Sudama son of Roopram in village Biloo, P. S. Umri, District Bhind, at about 11.00 a.m. on 5-5-1976. He was also charged and tried for an offence under Section 307, IPC, for attempting to commit murder of Kailash Narayan and Phool Singh by gun-shot fires on the same date and place. Appellant was convicted under Section 302, IPC, and sentenced to life imprisonment. He was also convicted under Section 324, IPC, and sentenced to three years' rigorous imprisonment for causing injuries to Kailash Narayan only : both sentences to run concurrently. The trial Court acquitted the appellant of the charge under Section 307, IPC.2. The State has not preferred any appeal against the acquittal of the appellant of the charge under Section 307, IPC.3. The prosecution case in short is that the occurrence took place on 5-5-1976 between 10 and 11 a.m. in fro...
Tag this Judgment!Shakila Bano Vs. Sheihk Naseem
Court: Madhya Pradesh
Decided on: Mar-26-1990
Reported in: II(1991)DMC529
S.D. Jha, J.1. This second appeal by order dated 24-1-1990 was admitted for final hearing on the-following substantial question of law :-'Whether the learned lower appellate Court has acted illegally and without jurisdiction in giving adjustment of the amount paid by the respondent in the maintenance case, before the concerning Magistrate'2. Shri A.J. Khan for the appellant and Shri M.A. Khan with Shri Z.A. Khan heard and record perused.3. The trial Court in respect of Mahr (Dower) claimed by plaintiff-appellant a divorced Muslim wife, decreed the claim in full i.e. for Rs. 1001/- In appeal, however, by the defendant-respondent-husband the first appellate Court while maintaining the quantum of Mahr ordered adjustment of excess payment allegedly wrongly made to appellant wife by the Court in the proceedings under Section 125 Cr.P.C. 4. At the hearing Shri A.H. Khan, learned Counsel for the appellant contended that if the Criminal Court while exercising power under Section 125 Cr.P.C. ha...
Tag this Judgment!State of Madhya Pradesh Vs. Mahesh Mohanlal Mali
Court: Madhya Pradesh
Decided on: Mar-23-1990
Reported in: 1990CriLJ2483
Y.B. Suryavanshi, J.1. The judgment in this case shall also govern the disposal of Criminal Appeal No. 46 of 1990 (Mahesh s/o Mohanlal Mali v. State of M.P.) and Criminal Appeal No. 81 of 1990 (Kalu s/o Gattulal Lodha v. State of M.P.).2. (i) This Death Reference No. 1/90 and the two connected Criminal Appeals Nos. 81/90 (by appellant Kalu) and No. 46/90 (by appellant Mahesh) arise out of the common judgment in S.T. No. 74 of 1986, dated 2-2-1990, by Shri K.C. Jain, IIIrd Additional Sessions Judge, Dhar.(ii) The appellant Mahesh has been sentenced to death subject to confirmation by the High Court for causing the murder of Sonu, aged 8 years, i.e. offence under Section 302, I.P.C., hence, the proceedings under Section 366, Cr. P.C. have been submitted for confirmation. Mahesh has further been convicted under Section 364, I.P.C. for kidnapping Sonu in order to murder, and has been sentenced to undergo 4 years' R.I. with direction that both the sentences shall be concurrent. Mahesh has p...
Tag this Judgment!Baijanti Bai Vs. Prago and ors.
Court: Madhya Pradesh
Decided on: Mar-22-1990
Reported in: AIR1990MP370
S.K. Dubey, J.1. In this second appeal, the two sisters who were fighting for the agricultural land situated at Survey No. 957, area 7 Bigha 1 Biswa, in village Jaura Khurd, District Morena, and a residential house situated at village Shikarpur, left by their father Sardar Singh, have filed an application (I.A. No. VI of 1980) on 17-10-1989 under Order 23, Rule 3, C.P.C., for disposing of the appeal in terms of the compromise.2. Before recording compromise and passing a judgment and decree in terms of the compromise one Rajendra Kumar Goyal filed an application (I.A. No. V/1989) on 20-10-1980 under Order 1, Rule 10 and Order 22, Rule 10 road with Section 151, C.P.C., stating therein that during the pendency of this appeal Pragobai, the plaintiff, had entered into an agreement for sale of her one-half share in the agricultural land on 23-8-1988 for a consideration of Rs. 1,05,000/-, out of which a sum of Rs. 25,000/ - was paid to her as earnest money and the balance is to be paid at the...
Tag this Judgment!Keshavrao Vs. Radheshyam and ors.
Court: Madhya Pradesh
Decided on: Mar-22-1990
Reported in: 1991CriLJ283
ORDERV.D. Gyani, J.1. By this petition under Section 482, Cr. P.C., the petitioner prays for quashing of an order dated 17-7-1987, passed by the Sub-Divisional Magistrate, Mhow, in Criminal Case No. 87 of 1975, proceedings under Section 145, Cr. P.C.2. As the proceedings under Section 145, Cr. P.C. have been pending since 1975, it would not be out of place to give a brief resume of facts leading to the presentation of this petition : It is not in dispute that agricultural land bearing Survey Nos. 71, 72, 73, 74 & 75, situated in village Gavalu, tehsil Mhow, District Indore, were by order dated 13-5-1975, passed by the Sub-Divisional Magistrate under Section 146, Cr. P.C., were attached and handed over to the Tahsildar, Mhow, who was appointed Receiver and ever since this order the agricultural income from these lands is being deposited. These lands were auctioned for cultivation and the income so-derived is being deposited in the Govt. Treasury. After this attachment, respondents 1 and...
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