Court : Madhya Pradesh
Reported in : 1991(0)MPLJ180
ORDERS.K. Seth, J.1. The District Magistrate, Bhopal in exercise of powers vested in him under Sub-section (2) read with Sub-section (3) of Section 3 of the National Security Act, 1980, made an order of detention dated 15-10-1988 against one Kishore Dadu son of Thakur Dadu, aged 21 years, r/o M. A. C. T. Hostel No. 6, Bhopal on the ground that it was necessary to do so with a view to preventing the said person from acting in any manner prejudicial to the maintenance of public order. In execution of the said order, the said person was taken into custody and lodged in the Central Jail, Bhopal on 18-11-1988. Thereafter, on the basis of the advice of the Advisory Board, the detention order passed against the said detenu was confirmed by the State Government under Sub-section (1) of Section 12 of the Act vide its order dated 6-1-1989. It was specified in its confirmatory order that the detention of the detenu would continue for a period of twelve months from the date of his detention i.e. u...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991CriLJ369
S.K. Seth, J.1. The District Magistrate, Bhopal in exercise of powers vested in Mm under Sub-section (2) read with Sub-section (3) of Section 3 of the National Security Act, 1980, made an order of detention dated 15-10-1988 against one Kishore Dadu son of Thakur Dadu, aged 21 years, r/o MACT Hostel No. 6, Bhopal on the ground that it was necessary to do so with a view to preventing the said person from acting in any manner prejudicial to the maintenance of public order. In execution of the said order, the said person was taken into custody and lodged in the Central Jail Bhopal on 18-11-1988. Thereafter, on the basis of the advice of the Advisory Board, the detention order passed against the said detenu was confirmed by the State Government under Sub-section (1) of Section 12 of the Act vide its order dated 6-1-1989. It was specified in its confirmatory order that the detention of the detenu would continue for a period of twelve months from the date of his detention i.e. upto 17-11-1989...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP116; 1991(0)MPLJ174
Gulab C. Gupta, J.1. The appellant-plaintiff feels aggrieved by judgment and decree dated 8-2-1984 passed by Shri R.K. Trivedi, District Judge, East Nimar, Khandwa in Civil Appeal No. 11B/1982 affirming the judgment and decree dated 25-6-1982 passed by First Additional Civil Judge, Class II, Khandwa in Civil Suit No. 15B 1982, dismissing his suit for recovery of his share of rent and seeks to challenge the same by filing this appeal under Section 100 Civil P.C.2. That the appellant and respondents Nos. 2, 3 and 4 are the owners of a residential house situate at Ramganj Ward No. 13, Khandwa, in occupation of the respondent No. 1 as tenant, on payment of rent of Rs. 115/- per month is admitted. There is no dispute, at this stage, that the suit accommodation was let out to the respondent No. 1 on 1-11-1964 on his executing rent-note (Ex. P2). The appellant filed the suit alleging that the respondent No. 1 has not paid the rent from 1-7-1973 to 30th June, 1976 amounting to Rs. 4,140/-. Acc...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991CriLJ784
ORDERK.K. Varma, J.1. This order shall also dispose of Cr. Revision Case No. 23 of 1990 (Prahlad v. Kamal Singh, Patram and the State of Madhya Pradesh).2. Applicant Prahalad is brother of deceased Guman Singh, whose murder led to registration of Crime No. 112/89 (P. S. Chinore) Under Sections 302, 394, 147, 148 and 149 I.P.C. in which present non-applicants Mohan Singh, Kamal Singh and Patram were arrested in the first week of December 1989.3. Applicant Mohan Singh's first application was dismissed by Shri S. K. Jain, the then Sessions Judge, Gwalior after the application was not pressed before him. By an order passed on 30-1-90, the learned Sessions Judge admitted Mohan Singh to bail in bail application No. 205/90. On the sameday, the learned Judge admitted non-applicants Kamal Singh and Patram to bail on their first bail application.4. Applicant Prahalad's learned counsel, Shri V. K. Saxena and the learned Dy. Government Advocate, Shri M. M. Qureshi, have submitted that the non-reco...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ53
ORDERK.K. Varma, J.1. This order shall also dispose of Criminal Revision Case No. 23 of 1990, Prahlad v. Kamal Singh, Patram and the State of Madhya Pradesh.2. Applicant Prahalad is brother of deceased Guman Singh, whose murder led to registration of Crime No. 112/89 (P. S. Chinore) Under Sections 302, 394, 147, 148 and 149, Indian Penal Code in which present non-applicants Mohan Singh, Kamal Singh and Patram were arrested in the first week of December 1989.3. Applicant Mohan Singh's first application was dismissed by Shri S. K. Jain, the then Sessions Judge, Gwalior after the application was not pressed before him. By an order passed on 30-1-1990, the learned Sessions Judge admitted Mohan Singh to bail in bail application No. 205/90. On the same day, the learned Judge admitted non-applicants Kamal Singh and Patram to bail on their first bail application.4. Applicant Prahalad's learned counsel, Shri V. K. Saxena and the learned Dy. Government Advocate, Shri M. M. Qureshi, have submitte...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ434
ORDERB.M. Lal, J.1. The appellant National Insurance Company has come up in appeal against the order impugned dated 1-8-1989 whereby the Motor Accidents Claims Tribunal, Panna has awarded Rs. 25,000/- as ex gratia compensation invoking the provisions of Section 140 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) (hereinafter referred to as the Act No. 59 of 1988), to the claimants.2. The short point involved in this appeal for decision is -'Whether a change in law has to be taken into consideration retrospectively or prospectively in accidents claim cases?'3. Short facts leading to this appear are as under :Auto accident took place prior to the coming into force of Act No. 59 of 1988, attracting provisions for ex gratia payment to the tune of Rs. 15,000/- in case of death according to the provisions of Section 92-A of the Motor Vehicles Act, 1939 (now repealed).4. However, this legal position has been changed after coming into force of Act No. 59 of 1988 in view of the provisions ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991ACJ878
B.M. Lal, J.1. The appellant National Insurance Co. Ltd. has come up in appeal against the order impugned dated 1.8.1989 whereby the Motor Accidents Claims Tribunal, Panna has awarded Rs. 25,000/- as ex gratia compensation invoking the provisions of Section 140 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) (hereinafter referred to as the 'Act No. 59 of 1988') to the claimants.2. The short point involved in this appeal for decision is-Whether a change in law has to be taken into consideration retrospectively or prospectively in accident claim cases?3. Short facts leading to this appeal are as under:Auto accident took place prior to the coming into force of Act No. 59 of 1988, attracting provisions for ex gratia payment to the tune of Rs. 15,000/- in case of death according to the provisions of Section 92-A of the Motor Vehicles Act, 1939 (now repealed).4. However, this legal position has been changed after coming into force of Act No. 59 of 1988 in view of the provisions of Secti...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1991)ACC115
ORDERB.M. Lal, J.1. The appellant National Insurance Company has come up in appeal against the order impugned dated 1.8.1989 whereby the Motor Accidents Claims Tribunal, Panna has awarded Rs. 25,000/- as ex grate compensation invoking the provisions of Section 140 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) (hereinafter referred to as the Act No. 59 of 1988), to the claimants.2. The short point involved in this appeal for decision is--whether a change in law has to be taken into consideration retrospectively or prospectively in accidents claim cases?3. Short facts leading to this appeal are as under:Auto accident took place prior to the coming into force of Act No. 59 of 1988, attracting provisions for ex-gratia payment to the tune of Rs. 15,000/- in case of death according to the provisions of Section 92-A of the Motor Vehicles Act, 1939 (now repealed). 4. However, this legal position has been changed after coming into force of Act No. 59 of 1988 in view of the provisions of ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP25
A.G. Qureshi, J.1. The petitioners in this petition have passed their M.B.B.S. examination in September, 1987 and completed their internship on 17-11-1988. They also completed their house job in the Department of Paediatrics in the M. Y. Group ofHospitals attached to M. G. Medical College, Indore 17-11-1989. They are, therefore, desirous of getting admission in P. G. degree course in Paediatrics or in the alternative P. G. diploma course in Paediatrics leading to the diploma in DCH. According to the petitioners, in the Department of Paediatrics inthe M. G. M. Medical College, Indore, there are 11 seats in the post graduate courses. 5 of them are for degree course leading to degree of M. D. Paediatrics. Out of 5 seats, 3 are earmarked for merit candidates and one each for Assistant Surgeons and candidates coming from All India Pre P. G. quota. 6 seats arefor diploma course leading to diploma in DCH. Out of 6 seats, 2 seats each are reserved for merit candidates, Assistant Surgeons and A...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ133
ORDERK.K. Varma, J.1. This order shall dispose of the following point that has cropped up in Misc. Criminal Case No. 260/1990 (Guddu alias Wahid Khan v. The State) and Misc. Criminal Case No. 355/1990 (Bishambhar alias Satte v. The State) : whether the applications Under Section 438(1), Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code') are tenable on coming into force of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') (No. 33/1989) which was admittedly enforced with effect from 30-1-1990.2. Section 18 of the Act runs as follows :'Nothing in Section 438 of the Code shall apply in relation to any, case involving the arrest of any person on an accusation of hearing committed an offence under this Act.'3. In Banshilal's case arising out of Crime No. 5/1989, P. S. Manpur, the offences alleged were punishable Under Sections 366A and 376, Indian Penal Code. The Prosecutrix, Mst. Geeta, is admittedly ...
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