Madhya Pradesh Court November 1991 Judgments
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Rajendra Singh Vs. Sheetaldas and ors.
Court: Madhya Pradesh
Decided on: Nov-15-1991
Reported in: II(1992)ACC665
T.N. Singh, J. 1. This is claimant's appeal who suffered fracture of femur bone of the thigh and was confined to hospital for 30 days. His claim being rejected he has appealed challenging findings of the Motor Accidents Claims Tribunal, for short 'the M.A.C.T.', on two grounds. Admittedly, the accident took place on 6.7.1977 at 6.00 p.m. and claim petition was lodged on 2.5.1983. Mr. V.K. Sharma, counsel appearing for respondent No. 3, has contended, in support of the award, that there was no application for condonation of delay and real facts were suppressed by the claimant-appellant about his age. However, the second question to be decided is, whether the claimant-appellant did prove that he had suffered injury in the course of accident in which Tempo No. MPH 5350 was involved. Indeed, it is not denied that, that vehicle was insured during the relevant period with the contesting respondent. In the court below two separate written statements were filed. Those were by the driver and in...
M.P. State Road Transport Corporation Vs. Rajendra Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-14-1991
Reported in: (1992)IILLJ789MP
V.D. Gyani, J.1. This petition is directed against the judgment dated March 16, 1989, passed by the Industrial Courtt, Indore, in Appeal No. 607 of 1985, thereby maintaining the order dated June 5, 1986, passed by the Labour Court, Ujjain, in Labour Case No. 229 of 1983, directing reinstatement in service of respondent No. 1 with full backwages, who was employed as bus conductor in the employment of the appellant Transport Corporation and was dismissed from service on March 4, 1983, which the respondent had challenged under Section 31(3) of the Madhya Pradesh Industrial Relations Act, before the Labour Court Ujjain.2. Undisputed facts of the case are that the respondent No. 1 was in the employment of the petitioner-Corporation as a conductor. He was posted on duty as conductor on bus No. MBF 1840 plying between Neemuch and Bhopal. On May 20, 1983, around 3.40 a.m. this bus, in which the respondent No. 1 was posted as conductor, was checked by the Central Flying Squad of the petitioner-...
Devendra Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-14-1991
Reported in: 1992CriLJ1730
ORDERS.K. Dube, J.1. The petitioner by this petition Under Section 439(1), Criminal P.C. has sought his entitlement to be enlarged on bail by raising a question, that the period of temporary bail of 13 days should be reckoned in computing 90 days under proviso (a) to Sub-section (2) of Section 167 and, thus, the petitioner/accused who is in continuous detention and in custody after his arrest, acquired the statutory right to be released on bail for the default of the prosecution in not filing the charge-sheet within the prescribed period of 90 days.2. The facts leading to this petition are thus. The petitioner and two others after their arrest on 22-4-1991 in Crime No. 146/1991 for offences Under Sections 302 and 307/34, IPC, by Police Station Dabra, were first remanded by the Judicial Magistrate to judicial custody on 23rd April 1991; the charge-sheet was to be filed in terms of proviso (a) to Section 167(2) within 90 days. 22nd July 1991 being Sunday, the charge sheet was filed on Mo...
Kusumlata Trivedi and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-14-1991
Reported in: I(1992)ACC686; 1992ACJ242
K.L. Issrani, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 23.2.1981 passed by Mr. M.S. Quraishi, Additional Member, Motor Accidents Claims Tribunal, Satna, in Claim Case No. 113 of 1980 dismissing the whole of the claim petition of the appellant-claimants.2. The appellant-claimants had filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939 and prayed for compensation of Rs. 1,43,968/-. Their case was that the deceased Narain Prasad Trivedi, the husband of appellant No. 1 and father of appellant Nos. 2 and 3, on 13.10.1979 proceeded on tour to Rewa and therefrom to Maihar in connection with the selection and inspection of the land for establishing Sanskrit Research Foundation. On 15.10.1979, he came to Maihar by vehicle No. MPZ 9230 and went to Sharda Mai Temple for selection and inspection of the land. The said vehicle was being driven by respondent No. 3, who was in service of respondent No. 1. On account of r...
Kallu Alias Ramkumar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-13-1991
Reported in: 1992(0)MPLJ558
R.D. Shukla, J.1. This judgment shall dispose of Criminal Appeals Nos. 55 of 1987, Kallu alias Ramkumar v. State of Madhya Pradesh and 98 of 1987, Gabbar alias Goverdhan and three others v. State of Madhya Pradesh.Both these appeals are directed against the judgment and order dated 7-1-1987 of Sessions Judge, Seoni, passed in Sessions Trial No. 49 of 1986, whereby all the accused persons have been convicted under Sections 397 and 395 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years and four years, respectively.2. The brief history of the case is that, on the date of incident, i.e., on 7-2-1986, the bus of New Public Transport, bearing No. MBJ 8586, driven by Hamid Khan (P.W.3) was proceeding towards Lakhnadon. It started at about 5-30 P.M. from Seoni. Mohammad Rayees (P.W.1) was the. conductor of the bus. It reached village Kudari at about 8-30 P.M. and, thereafter, proceeded towards Lakhnadon. It was stopped by nearly seven miscreants. They were all arme...
Saroj Bhansli Vs. Kali Charan and ors.
Court: Madhya Pradesh
Decided on: Nov-12-1991
Reported in: 1993ACJ290
T.N. Singh, J.1. Office has listed this matter with a note dated 21.10.1991 complaining default in taking steps by the appellant. No wonder, all through the appellant is behaving in the same manner defaulting everywhere all the time in the same style. The appeal even was lodged 159 days out of time. Although application under Section 5 of the Limitation Act is filed for condoning delay I have found no reasonable ground made out to explain each day's delay as contemplated under the law.2. Mr. Vinaykant Sharma appears and submits that he filed power on 9.8.1991 on behalf of the insurer, respondent No. 5 and thereafter he filed power on 23.9.1991 on behalf of respondent No. 2. His name has been surprisingly not shown in the cause list. It is regrettable that office has not placed the two powers even on record. Whatever that may be, he is also heard in disposing of finally this matter today.3. I have found it impossible to condone delay and to admit appeal for hearing parties. Still, care ...
Gurcharan Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-12-1991
Reported in: 1992(62)ELT689(MP)
P.N.S. Chouhan, J.1. The appellant challenges his conviction Under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter the 'Act') and sentence of 10 years R.I. and a fine of Rs. 1 lac awarded by second Additional Sessions Judge, Rajnandgaon, vide judgment dated 25-3-1991 passed in Sessions Trial No. 71 of 1990.2. The appellant runs a Dhaba at the outskirt of village Chirchari, which is under the jurisdiction of police-station Bagnadi. As per prosecution, ASI Shri R.S. Singh (PW 4) received information through informer that the appellant is selling opium and therefore PW-4 accompanied by ASI Amar Singh (PW 1), H.C. Sheodayal (PW 3) reached there and in presence of Fakir (PW 2) and Poona Ram (DW 3) he searched and recovered from appellant's pant-pocket 5 packets (Article A-l to A-5) each containing 5 gram of opium vide seizure memo Ex. P. 1. The seized contraband was first sent for expert opinion to the Excise Sub-Inspector Jai Singh (PW 5), who confirm...
Hasmukhlal Bagdiya Vs. Assistant Commissioner of Income-tax and ors.
Court: Madhya Pradesh
Decided on: Nov-11-1991
Reported in: [1992]195ITR50(MP)
R.K. Verma, J.1. This order shall also govern the disposal of M. P. No. 1416 of 1991 (Praveen Kumar Bagadiya v. Asst. CIT).2. By this petition under articles 226 and 227 of the Constitution of India, the petitioner-assessee has sought a suitable writ, direction or order for quashing annexure P-9 dated July 10, 1991, whereby the Assessing Officer-respondent No. 1 has rejected the assessee's application under Section 220(6) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), without hearing the petitioner-assessee and for restraining respondent No. 1 from enforcing the demand which is challenged in appeal before respondent No. 2, Commissioner of Income-tax (Appeals), videAppeal Memo (Annexure P-2A) dated April 21, 1990. Further, the petitioner also sought an order restraining respondent No. 1 from enforcing the bank guarantees (annexures P-4 and P-5) dated March 30, 1991, and June 7, 1991, respectively, during the pendency of this petition.3. The facts giving rise to this...
Kumari Omli Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-01-1991
Reported in: I(1992)DMC450
Faizan Uddin, J.1. In this appeal the appellant Kumari Omli has challenged her conviction under Section 201 of Penal Code for which she has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500.00, in default of fine, to undergo further rigorous imprisonment for one year, in Sessions Trial No. 82 of 1985, decided on 5th September, 1989, by the Additional Sessions Judge, Surguja (Ambikapur).2. Deceased Saroj was the wife of the co-accused Omprakash whose burnt dead body was found on 1.6.1985 in the latrine of the co-accused Sagarmal, the father-in-law of the deceased. Mst. Saroj was married to Omprakash in May, 1984. According to the prosecution, she was always ill-treated by her husband, Omprakash and his family members for bringing inadequate and insufficient dowry and it is alleged that for this reason, all the family members strangulated her to death on 1.6.1985 and later, after putting her dead body in the latrine of the house, set fire to the dead body w...
Komalchandra S/O Fatehsingh Mandloi Vs. Indore School of Social Work a ...
Court: Madhya Pradesh
Decided on: Nov-01-1991
Reported in: 1992(0)MPLJ181
ORDERV.D. Gyani, J.1. By this petition under Article 226 of the Constitution of India, the petitioner, a professor, prays for issuance of a Writ of Certiorari quashing order dated 11-1-1991 (Annexure-P/15) issued by Respondent No. 1 (endorsing a copy thereof to respondent No. 2) informing the petitioner that he would be attaining the age of super-annuation on 2-11-1991.2. The dispute relates to petitioner's date of birth in High School Certificate is 2-11-1931. It is the petitioner's case that his father having died in the year 1937 and some body who got him admitted to school gave his date of birth as 2-11-1931, which continued to remain on school's record, initially in Government Primary School at Nisarpur, where he was admitted and thereafter in Victoria High School, of the Erstwhile State of Barwani, wherefrom he passed his matriculation examination in 1949.3. The petitioner who is the only male issue born to his parents, on coming to know about the approximate date of his birth fr...
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