Madhya Pradesh Court February 1992 Judgments
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Atibal Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-26-1992
Reported in: 1992CriLJ3209
ORDERR.K. Verma, J.1. This revision petition filed by the petitioner is directed against the order dated 8-3-91 passed by the Sessions Judge, Bhind, in Criminal Revision No. 188 of 1989, whereby the learned Sessions Judge, has set aside the order dated 27-9-89 of the Judicial Magistrate First Class Bhind passed in Criminal Case No. 35 of 1989 refusing to join the petitioner Atibal Singh in the array of the accused persons and accordingly rejecting the application of complainant-non-petitioner No. 2 Kripalsingh made in that behalf.2. Facts giving rise to this revision petition are as follows:The first information report lodged on 18-1-89 at police station Umri disclosed that petitioner Atibalsingh and two other accused persons namely Bharatram and Jagram had attacked petitioner Kripalsingh with lathi and axe, causing injuries to him, and as such a case under Section 307/34, IPC was registered by Umri Police at crime No. 4/89. After investigation the investigating officer filed a charge ...
Dr. L.S. Saxena Vs. Shashi Bala Saxena
Court: Madhya Pradesh
Decided on: Feb-25-1992
Reported in: I(1992)DMC579
Gulab Chand Gupta, J.1. This is plaintiff's first appeal under Section 28 of Hindu Marriage Act, whose suit for dissolution of marriage on the ground of cruelty and desertion has been dismissed by the judgment dated 29th June, 1990 passed by Shri P.N. Pareshar, III Additional District Judge, Bhopal in Civil Suit No. 23-A/87.2. That the parties are legally married husband and wife is not in dispute. They were married on 19.11.1973 at Aligarh and lived together upto May, 1983 when the respondent is said to have gone to Dabra to her parents to deliver the child. It is also not in dispute that the parties have two daughters born to them out of this wedlock and living, one being born on 1979 and the other in 1983. Though the suit was filed on the ground of cruelty and desertion, the desertion alleged was within a period of two years from the date of the suit and was, therefore, rejected. It has not been pressed as a ground in this appeal. Under the circumstances, it is not required to be co...
Smt. Kishanibai Vs. A.P.K. Jogi and ors.
Court: Madhya Pradesh
Decided on: Feb-24-1992
Reported in: AIR1993MP138
S.K. Jha, C.J. 1. In this application under Articles 226/227 of the Constitution of India, the petitioner challenges the legality and validity of the order dated 24-11-1983 passed by the Collector and Requisitioning Authority of Indore respondent No. 1. A copy of the aforesaid order purported to have been passed under Section 3-A of the M.P. Accommodation (Requisition) Act, 1948 (No. LXIII of 1948) has been marked as Annexure-J to the writ petition. By the impugned order, the respondent No. 1 exercising the delegated authority of the State Government has directed the petitioner to give possession of the premises in question within 30 days of the order to the competent authority.2-3. The accommodation in question consists of five rooms of a one storeyed building bearing House No. 29 Gopal Bag, Indore. Admittedly, the petitioner is the owner of the building (the accommodation) in question. The public purpose within the meaning of Section 2(d) of the Act is said to be the general scarcity...
United India Insurance Co. Ltd. Vs. Vesta and ors.
Court: Madhya Pradesh
Decided on: Feb-24-1992
Reported in: 1992ACJ996
S.K. Dubey, J. 1. This order shall also govern the disposal of Miscellaneous Appeal Nos. 132 of 1991 (United India Insurance Co. Ltd., Indore v. Motla); 133 of 1991 (United India Insurance Co. Ltd., Indore v. Shantabai) and 134 of 1991 (United India Insurance Co. Ltd., Indore v. Jamsingh).2. The appellant United India Insurance Co. Ltd., Indore (for short 'the insurance company'), aggrieved of the awards passed in Claim Case Nos. 55 of 1989, decided on 3.12.1990; 53 of 1989, decided on 11.1.1991; 38 of 1989, decided on 8.3.1991 and 52 of 1989, decided on 11.1.1991, by the Motor Accidents Claims Tribunal, Kuksi, District Dhar (for short 'the Tribunal'), has preferred the appeals under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act').3. The Facts: All the four claimants, namely, Vesta, Motla, Shantabai and Jamsingh, were travelling as passengers in a motor vehicle (bus No. CPF 8321), driven by respondent No. 2, owned by respondent No. 3, and insured with the appellant,...
Chandra Shekhar Narayan Prasad Sharma Vs. M.P.S.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Feb-21-1992
Reported in: 1992(0)MPLJ577
ORDER1. The petitioner is aggrieved by an action of respondents refusing to call him for interview for the post of Depot Manager (Traffic) in spite of his having applied for appointment to the post and also being within the eligibility criteria.2. The respondents advertised vacancies in the post of Depot Manager (Traffic) in the month of July 1986. The petitioner is one of the persons who applied for seeking appointment on one of the posts. It is not disputed by the respondents that the petitioner was eligible for the appointment. Call letter f6r interview was not issued to the petitioner.3. The respondents in their return have offered explanation for failure to issue call letter to the petitioner. It is stated that there were 17 posts of which 10 were reserved for SC and ST people; only 7 were to be recruited out of general category candidates to which the petitioner also belonged. In order to bring uniformity in the matter of selection and also with an idea of maintaining standards a...
Keshaodeo Shivprasad (Firm) and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Feb-20-1992
Reported in: 1997(58)ECC53; 1992(61)ELT404(MP); 1992(0)MPLJ461
ORDERS.K. Jha, C.J.1. Petitioner No. 1, a partnership firm of Indore, carries on the business of packaging of duty paid tea and the tea for such packaging which is received by it, has already undergone the process of manufacture, e.g. withering, rolling, fermentation and firing etc. The duty paid tea, received from its customers, is packed in packages of 25 grams to 1 Kg. and then sold by it. Petitioner No. 2 is a partner of the firm, petitioner No. 1.2. According to the petitioners, it was insisted that before the petitioners could carry on the business of such packaging of the duty paid tea, they must obtain Central Excise licence and so under duress and compulsion, in order to carry on the business, the petitioners had to take a licence under the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act).3. The sole question for determination in this petition is as to whether the package or packet in which the duty paid tea is sold to the consumers, is liable to payment...
Harishankar Vs. Gafoor and ors.
Court: Madhya Pradesh
Decided on: Feb-20-1992
Reported in: II(1992)ACC64
S.K. Dubey, J. 1. The appellant/claimant/injured has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of the compensation awarded on 22.3.1990, in Claim Case No. 274 of 1981, by the Motor Accidents Claims Tribunal, Indore, (for short, the 'Tribunal').2. The facts. On 21.11.1981 at about 7 p.m. the appellant/appellant for claimant Pedestrian was going through the land near Das Medical, Indore, where tempo (No. MPN 8045), driven by respondent No. 2, owned by respondent No. 1 .and insured with respondent No. 3/The National Insurance Company, was going towards Rajbada; the tempo knocked down the appellant, as a result of which the claimant received a fracture of tibia and fibula in the right leg. He was medically examined by Dr. Pradip Bhargava, Orthopaedic Surgeon, Lecturer in Orthopaedics, M.O.M. Medical College and M. Y. Hospital, Indore. Thereafter the claimant presented an application under Section 110-A of the Motor Vehicles Act, 1939, and clai...
Prominent Cement Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Feb-19-1992
Reported in: 1992(0)MPLJ677
ORDERT.N. Singh, J.1. Two petitioners have a common cause and essentially the same relief both having claimed, against same respondents, we have heard these two matters analogously. Order was reserved on 21-1-1992 when hearing was finally concluded and we did so because it was submitted that this Court's D. B. decision, rendered at the Indore Bench in M. P. No. 1344 of 1987, decided on 4-4-1989, Dhar Cement Ltd. v. Union of India deserved reconsideration. That decision is reported in 1991 (54) E.L.T. 178 (M.P.J.)2. After we deliberated, giving to the matter our anxious consideration, we have reached finally the conclusion that, for reasons to follow, no case is made out for accepting the prayer. We are of the view that concession claimed in Excise Duty payable by the two petitioners on cement produced in their plants is misconceived and that the Government of India having duly discharged its obligation undertaken in the Press Note dated 11-1-1979 (hereinbelow extracted), in the manner ...
Madhya Pradesh State Road Trans. Corpn. Vs. Rajendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Feb-19-1992
Reported in: I(1993)ACC276; 1994ACJ88
S.K. Dubey, J.1. The appellant, M.P. State Road Transport Corporation, Bhopal (for short, the 'Corporation') has come up in appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short, the 'Act') against the award dated 1.3.1983, passed in M.V.A. Claim Case No. 205 of 1978, by the Second Additional Motor Accidents Claims Tribunal, Indore (for short, the 'Tribunal').2. The facts of this case are not much in dispute. In the intervening night of 25.9.1978 and 26.9.1978 at about 2.30 a.m., motor vehicle No. CPE 8801 was carrying passengers, which dashed against a bicyclist, namely, Bhagwatiprasad, from behind, who was crushed under the wheels and died instantaneously. The claimants/applicants/ respondents filed an application under Section 110-A of the Act and claimed compensation of Rs. 1,60,000/- stating the earnings of the deceased to be at Rs. 600/-p.m. The claim was contested by the Corporation on the ground that the accident was inevitable because of the latent defect in th...
United Insurance Co. Ltd. Vs. Vesta and ors.
Court: Madhya Pradesh
Decided on: Feb-19-1992
Reported in: II(1992)ACC88
ORDERS.K. Dubey, J. 1. This order shall also govern the disposal of Miscellaneous Appeal Nos. 132 of 1991 (United India Insurance Co. Ltd., Indore v. Motla and Ors.)', 133 of 1991 (United India Insurance Co Ltd. Indore v. Shantabai and Ors.) and 134 of 1991 (United India Insurance Co. Ltd. Indore v. Jamsingh and Ors.).2. The appellant/United India Insurance Company Ltd., Indore (for short, the 'Insurance Company'), aggrieved of the awards passed in Claim Cases No. S5/1989, decided on 13.12.1990; 53/1989, decided on 1.1.1991; 38/1989, decided on 8.3.1991 and 52/1989, decided on 11.1.1991, by the Motor Accidents Claims Tribunal, Kukshi, District Dhar (for short, the 'Tribunal'), has preferred the appeals under Section 110-D of the Motor Vehicles Act, 1939 (for short, the 'Act').3. The Facts. All the four claimants, namely, Vesta, Motla, Shantabai and jamsingh, were travelling as passengers in a Motor Vehicle (Bus No. CPF 8321), driven by respondent No. 2, owned by respondent No. 3, and i...
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