Madhya Pradesh Court September 1990 Judgments
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Om Prakash Vs. Krishna
Court: Madhya Pradesh
Decided on: Sep-25-1990
Reported in: I(1991)DMC380
D.M. Dharmadhikari, J.1. The divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act (in short 'the Act') was dismissed by the trial Court by order dated 28-2-1989, against which the present appeal has been filed under Section 28 of the Act by the husband.2. The husband claimed a decree of divorce on the alleged ground of cruel treatment meted out to him by the respondent/wife. The main allegations of the husband/appellant against the wife/respondent, which were sought to be proved in the case, are as under : --(1) That the wife quarrelled with the members of the family of the husband on trivial affairs and used to leave the house of the husband as and when she desired, without any pre-intimation or permission.(2) That during the gas leakage at Bhopal the eldest son, Santosh, of the parties died and other members of the family were admitted in the hospital. The respondent/wife inspite of the above information of the calamity in the family did not attend the hospital and did...
Madhu Jaswani and ors. Vs. Dean, Lakshmibai National College of Physic ...
Court: Madhya Pradesh
Decided on: Sep-25-1990
Reported in: 1991(0)MPLJ542
ORDERT.N. Singh, J.1. As many as thirteen students of Lakshmibai National College of Physical Education (hereinafter, LNCPE), Gwalior, have made a common cause in moving this Court on the writ side to accelerate their prospects in the B.P.E. course of Jiwaji University, Gwalior, for which they are pursuing there the prescribed studies. Of them, pleadings being incomplete in regard to cases of petitioner No. 4, Kumari Rita Ghose Banik and petitioner No. 13, Kumari Japmala Ghosh, consideration of their case is, perforce, eschewed.2. We have before us in records, statements of marks which eleven petitioners (excepting Nos. 4 and 13) have filed as annexures (P/10A) et. seq. with the common petition. In the return of LNCPE too, particulars, unfortunately, are also not available in regard to the two defaulting petitioners, above-named. Petitioners have complained that they have been arbitrarily failed, by denying them grace marks to which they were entitled under clause 32 of University's Or...
Radhaballabh Choudhary Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-25-1990
Reported in: 1991(0)MPLJ264
ORDERB.C. Varma, Actg. C.J.1. The present petition purports to have been filed for the welfare of the Majhi community, as what has now come to be recognised as public interest litigation. It is common ground that Majhi, in certain districts of the State of Madhya Pradesh, has been declared to be a Scheduled Tribe by Constitution (Scheduled Tribes) Order, 1950. The State of Madhya Pradesh has also recognised Majhi as a class eligible for award scholarships (Annexure-C). The petitioner alleges and claims that Kewat, Mallah, Dhimar (Dhiwar), Nishad, Bhoi, Kahar, etc., are sub-castes/synonyms of Majhi and consequently are Scheduled Tribes. Even so, the Collector, Hoshangabad, declined to certify persons, who bear synonyms as Kewat, Mallah, Dhimar, Nishad, Bhoi, Kahar, etc., as belonging to Scheduled Tribe. It is claimed that all these communities are either sub-castes or synonyms of Majhi and, therefore, belong to a Scheduled Tribe - Majhi. The petitioner claims a direction to the Collecto...
Dinesh S/O Sunderlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-25-1990
Reported in: 1991(0)MPLJ431
ORDERV.D. Gyani, J.1. Although it was a petition Under Section 397, Criminal Procedure Code, as initially filed, but at a later stage it was permitted to be converted into a petition Under Section 482, Criminal Procedure Code, possibly with a view to make the scope of interference wider.2. By this petition the petitioner seeks to challenge the order dated 3-8-1990, passed by the 2nd Addl. Sessions Judge, Dewas, in S.T. No. 29 of 1988, thereby disallowing petitioner's application for recalling of two witnesses for the purpose of cross-examination.3. Learned counsel appearing for the petitioner urged that the trial has been pending for over three years and the prosecution failed to produce witnesses on dates fixed and adjournments were granted to the State for production of witnesses, while the accused was refused an opportunity. Certified copies of the application and order-sheet dated 9-4-1990, as referred to in the impugned order, have now been produced by the learned counsel in suppo...
Salamat Ali S/O Shokatali Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-25-1990
Reported in: 1992(0)MPLJ68
K.L. Shrivastava, J.1. This appeal is directed against the judgment dated 1-7-1989 passed by the I.A.S.J., Shajapur in S.T.No. 19/89 whereby the appellant has been convicted under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for possession of 1 1/4 kgs. of opium valued at Rs. 4,000/- and has been sentenced to undergo R.I. for 10 years and to a fine of Rs. 1 lac2. According to the prosecution, on 26-11-1988, information was furnished to Arjunsingh Parihar (P.W.5), the Town Inspector, Shujalpur, by an informer that the appellant Salamat Ali, r/o Rajgarh dressed as a home guard sainik was proceeding to Bhopal for selling opium.3. On the basis of the said information, Arjunsingh Parihar (P.W.5) accompanied by probationary Sub-Inspector Madan Mohan (P.W.I) and Police Constable Kamleshkumar (P.W.2) reached Chhatri Chowk, near Shujalpur Railway Station. The appellant was encircled and was caught hold of. He had a bag with him. On search being...
Salamat Ali Vs. the State Through Police
Court: Madhya Pradesh
Decided on: Sep-25-1990
Reported in: 1991CriLJ1991
K.L. Shrivastava, J.1. This appeal is directed against the judgment dated 1-7-89 passed by the I.A.S.J., Shajapur in S.T. No. 19/89 where by the appellant has been convicted Under Section 8/18 of the Narcotic Drugs & Psycho-tropic Substances Act, 1985 (for short 'the Act') for possession of 1 1/4 Kgs. of opium valued at Rs. 4,000/- and has been sentenced to undergo R.I. for 10 years and to a fine of Rs. 1 lac.2. According to the prosecution, on 26-11-1988, information was furnished to Arjun Singh Parihar (P.W. 5), the Town Inspector, Shujalpur, by an informer that the appellant Salamat AH, r/ o Rajgarh dressed as a home-guard sainik was proceeding to Bhopal for selling opium.3. On the basis of the said information, Arjunsingh Parihar (P.W. 5) accompanied by probationary Sub-Inspector Madan Mohan (P.W. 1) and Police Constable Kamlesh-kumar (P. W. 2) reached Chhatri Chowk, near Shujalpur Railway Station. The appellant was encircled and was caught hold of. He had a bag with him. On search...
Chhakki S/O Ramnath Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-24-1990
Reported in: 1991(0)MPLJ253
Shacheendra Dwivedi, J.1. By this judgment both the appeals (Criminal Appeal No. 319/83 and Criminal Appeal No. 320/83), challenging the order of Additional Sessions Judge, Datia, in Session Trial No. 27/82, dated 29-10-1983, whereby appellant Chhakki of Criminal Appeal No. 319/83 and appellant Lalai of Criminal Appeal No. 320/83 have been convicted Under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life, are being disposed of.2. According to the First Information Report (Ex.P.8), lodged by Ramshree (P.W.7), on 5-12-1981, at Police Station, Indergarh, in village Ekona, in the night of 4-12-1981, at about 8-9 P.M., Lokman, the deceased, went to the house of Balle (P.W.9), as they were sharing the agriculture, for taking money and for saying about diesal. After some time, shouts were heard, 'DODIO RE MAR DARO BACHA OO'; and on hearing the shouts, Jagman went to the house of Balle (P.W.9). Ramshree (P.W.7) also followed Jagman and saw that, inside the Pour of ...
Mahesh Chand Gupta Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-21-1990
Reported in: AIR1991MP226; 1991(0)MPLJ520
T.N. Singh, J.1. Petitioner was registered as A-II Class Contractor in the Irrigation Department on 4-10-1985. His registration is valid for five years. He had done some work for the Department and in that connection, he raised a 'dispute' claiming Rs. 3,60,214/- from the Department by way of a Reference made to the Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam,-1983, for short, 'the Adhiniyam'. He did not pay the requisite Court-fee, but made an application that he be treated as an indigent person and allowed to pursue the reference application without payment of Court-fee. By order dated 10-7-1990, his prayer being rejected by the Tribunal, he has challenged that order before us on the writ, side.2. Although in the impugned order, the Tribunal has found that the applicant/petitioner was possessed of sufficient means to pay the requisite Court-fee of Rs. 11,942/ -, in this Court, the legal plea forcefully pressed by Government Advocate, Shri S. B. Mishr...
Kailash Chandra Sharma and anr. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-21-1990
Reported in: AIR1991MP175; 1991(0)MPLJ550
B.C. Varma, Ag. C.J. 1. This Order shall also govern the disposal of Misc. Petitions Nos. 4359 of 1988, 4190 of 1989, 4484 of 1988 and 3088 of 1989, as the subject-matter of all these petitions is renewal of licences to run saw mills within certain areas in the State under the M. P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984.2. With a view to make provisions for regulating in the public interest, the establishment and operation of saw mills and saw pits and trade of sawing for the protection and conservation of forests and the environment, the Madhya Pradesh Legislature enacted the M. P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984, (Act No. 13/84 -- to be referred to as the 'Act'). It came into force in the entire State of Madhya Pradesh from the appointed day, i.e., 15th December, 1983. Section 3 of the Act permits the State Government to appoint licensing officer for the purposes of the Act. Such officer shall not be below the rank of a Divisional Forest Officer. Section 4 prohibits e...
Smt. Kamala Bai Vs. Secretary, Madhya Pradesh Electricity Board and or ...
Court: Madhya Pradesh
Decided on: Sep-21-1990
Reported in: (1992)ILLJ362MP; 1992(0)MPLJ214
ORDERT.N. Singh, J.1. Persistant denial for long seven years of her claim for family pension made the desparate widow letter- petition this Court a year ago. Gopal, her husband, died on April 21, 1979. Then began her struggle for survival to feed and rear five minor children, besides nursing one in the womb and keeping her own body and soul together.2. Glimpses of her agonising travail came to be noticed by this Court when her petition dated October 4, 1989 was listed on November 11, 1989. Office was directed to issue notices to respondents 1 and 2 (Secretary, M.P. Electricity Board (hereinafter, MPEB or Board), Jabalpur and Divisional Engineer, MPEB, Gwalior respectively) and respondent No. 3, Regional Provident Fund Commissioner, Indore. To expedite disposal, the notices were made returnable in four weeks and were directed to be served on Standing Counsel for the respondents - Shri K.N. Gupta and Shri N.P. Mittal, respectively. On January 16, 1990, Shri Gupta filed a joint return of ...
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