Madhya Pradesh Court February 1992 Judgments
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Madhya Pradesh State Road Transport Corporation Vs. Secretary, State T ...
Court: Madhya Pradesh
Decided on: Feb-18-1992
Reported in: 1992(0)MPLJ744
ORDERT.N. Singh, J.1. In this matter, the private operator, respondent No. 2, joined issue at the admission stage and on 20-1-1982, his counsel submitted that return shall be filed during the course of the day. We directed the petition to be listed for disposal in motion hearing on the next day because learned counsel for the Corporation/petitioner submitted that the life of impugned temporary permit was expiring on 6-2-1992. However, pleadings could not be completed until 23-1-1992 and this Bench was not available thereafter on 27-1-1992. We heard counsel on 31-1-1992 and 5-2-1992 and reserved orders taking the view that the contentions pressed were impregnated with momentous issues of law and those deserved due consideration and decision and that the petition could not be disposed of as infructuous.2. Under the permit impugned, the route on which respondent No. 2 is required to operate his vehicle is for a short distance of 5 KMs. an inter-State route, between Kumhdaura and Mohaba, f...
New India Assurance Co. Ltd. Vs. Anokhilal and ors.
Court: Madhya Pradesh
Decided on: Feb-17-1992
Reported in: II(1992)ACC68; 1993ACJ216
S.K. Dubey, J.1. The New India this appeal against the award dated 2.3.1981, Assurance Co. Ltd., Indore, has come up in passed by the Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 1 of 1979.2. The claimants claimed compensation of Rs. 10,600/- for the death of Goverdhan on 27.11.1978, arising out of use of motor vehicle truck No. GTB 6055. The deceased was 21 years of age and was employed as a cleaner on the said truck on the monthly wages of Rs. 260/- per month. The Tribunal after appreciating evidence awarded Rs. 37,800/- as compensation with 6 per cent interest per annum from the date of the application, i.e., 24.1.1979.3. Mr. M.L. Dhupar, learned Counsel for the appellant, contended that according to the terms of the insurance policy, the risk of the cleaner was covered, who is a 'workman' under Section 2(1)(n) of the Workmen's Compensation Act, 1923 (for short 'the Act'), therefore, the compensation could not have been awarded more than Rs. 18,000/- which is statutori...
Kamarlal and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-16-1992
Reported in: 1992CriLJ3407
ORDERR.K. Verma, J.1. This is a revision petition by the accused persons against the judgment of the Sessions Judge, Guna, dated 20-1-88 passed in Criminal Appeal No. 65 of 1987, confirming the judgment of the Chief Judicial Magistrate, Guna, dated 23-7-1987 passed in Criminal Case No. 1375 of 1984 whereby the property which was the subject matter of the alleged theft, has been ordered to be delivered to the complainant-respondent No. 2 Samundersingh.2. The facts giving rise to this revision petition briefly stated are as follows :--On a first information report lodged by the complainant on 15-5-85 at P. S. Fatehgarh alleging theft committed in his house, in the night between 12th and 13th May 1985, in which two items of gold ornaments, a few items of silver ornaments and cash amount of Rs. 20,000/- approximately were removed by the offenders, the police registered crime No. 49/84 and the investigating officer arrested two accused persons Jaswantsingh and Kamarlal, who are the petition...
Commissioner of Income-tax Vs. Sethi Textiles
Court: Madhya Pradesh
Decided on: Feb-11-1992
Reported in: (1992)105CTR(MP)21; [1992]198ITR222(MP)
M.W. Deo, J.1. This is an application for calling for a reference from the Appellate Tribunal under Section 256(2) of the Income-tax Act, 1961 (for short ' the Act ').2. Briefly stated, the facts are that in the case of the non-applicant assessee, for the assessment year 1979-80, addition of Rs. 30,000 in respect of cash credits of Rs. 10,000 in the names of each of the three persons named by him was made and disallowance of Rs. 2,572 relating to interest paid on those cash credits was also made. These findings were confirmed up to the stage of the Tribunal. The Income-tax Officer initiated penalty proceedings under Section 271(1)(c) of the Act treating the said addition and disallowance as concealment of income and consequently levied a penalty of Rs. 17,500 on the assessee. This order of levy of penalty was cancelled by the Commissioner of Income-tax (Appeals). The Tribunal endorsed the order of the Commissioner of Income-tax (Appeals) in appeal.3. The Department moved the Tribunal u...
Ram Adhar Bankey Bihar and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Feb-11-1992
Reported in: 1992(0)MPLJ445
ORDERFaizanuddin, J.1. This is a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for setting aside the ex parte order dated 30-1-1991 passed by a Division Bench of this Court in Criminal Revision No. 539 of 1990 State of Madhya Pradesh v. Ramadhar Shukla and 4 others.2. The facts giving rise to this petition are that these 4 applicants along with 10 other co-accused are facing trial under Sections 147, 148, 149, 324 and 302/114 of the Indian Penal Code before the Third Additional Sessions Judge, Satna in Sessions Trial No. 129 of 1988 arising out of Crime No. 38/88. After the challan was filed before the learned Sessions Judge, he by order dated 15-12-1989 discharged the 4 applicants as well as one co-accused Rajkumar son of Ramadhar, as, in the opinion of the learned Sessions Judge, no offence was found to have been made out against them. The complainant Vidhyadhar Shukla challenged the order of discharge of the applicants dated 15-...
Ram Adhar and ors. Vs. the State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-11-1992
Reported in: 1992CriLJ3196
Faizanuddin, J.1. This is a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for setting aside the ex parte order dated 30-1-1991 passed by a Division Bench of this Court in Criminal Revision No. 539 of 1990 (State of Madhya Pradesh v. Ramadhar Shukla and 4 Ors.).2. The facts giving rise to this petition are that these 4 applicants along with 10 other co-accused are facing trial under Sections 147, 148, 149, 324 and 302/114 of the Indian Penal Code before the Third Additional Sessions Judge, Satna in Sessions Trial No. 129 of 1988 arising out of Crime No. 38/88. After the challan was filed before the learned Sessions Judge, he by order dated 15-12-1989 discharged the 4 applicants as well as one co-accused Rajkumar son of Ramadhar, as, in the opinion of the learned Sessions Judge, no offence was found to have been made out against them. The complainant Vidhyadhar Shukla challenged the order of discharge of the applicants dated 15-12-19...
Sunil Kumar @ Chander Salariya and ors. Vs. State of Madhya Pradesh an ...
Court: Madhya Pradesh
Decided on: Feb-07-1992
Reported in: 1992(0)MPLJ772
ORDERK.M. Agarwal, J.1. By this petition under Article 226 of the Constitution, the petitioners are challenging the order dated 1-3-1991 (Annexure F) made by the State Government in exercise of its powers under Section 24(8) of the Code of Criminal Procedure, 1973, whereby the respondent No. 2 Shri S. C. Dutt was appointed as a Special Public Prosecutor for conducting the prosecution of the petitioners in Sessions Trial No. 341/90, pending in the Court of Additional Sessions Judge, Jabalpur.2. Facts are not in dispute. One Aditya Kumar alias Babban Choukse died on 23-5-1990 as a result of injuries caused to him in the incident dated 18-5-1990. The offence under Section 307, Indian Penal Code initially registered against the petitioners was converted into an offence under Section 302, Indian Penal Code. The deceased himself had criminal antecedents and in one of the criminal cases registered against him for an offence under Section 302, Indian Penal Code, the respondent No. 2 Shri S. C....
State of Madhya Pradesh and ors. Vs. Chahal and Company
Court: Madhya Pradesh
Decided on: Feb-07-1992
Reported in: 1995(0)MPLJ885
ORDERS.K. Jha, C.J.1. The Order passed in this Misc. Appeal shall also govern the disposal of Misc. Appeal No. 350/90 between the same parties.2. In both the appeals, the same point is involved and the common question arising in the two appeals which has been referred by the Division Bench consisting of Dharmadhikari and Issrani, JJ. for decision by a Larger Bench is whether an application under Section 20 of the Arbitration Act pending in the Civil Court prior to the date of constitution of the Arbitration Tribunal, i.e. 1-3-1985, would be saved by the provisions of Section 20(2) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983? Hence this Full Bench for a decision of the aforementioned question of law.3. A Division Bench consisting of B.C. Varma, J. as he then was, and Rampal Singh, J. by its judgment and Order dated 24-8-1987, in M.A. No. 168 of 1985, M/s Firm Trilok Chand Garg v. State of Madhya Pradesh had taken the view that the arbitration proceedings pending before any Tribuna...
Munni Bai Ramlal Lodhi Vs. Nandkishore Chhabile Lodhi and ors.
Court: Madhya Pradesh
Decided on: Feb-04-1992
Reported in: 1992(0)MPLJ786
ORDERR.D. Shukla, J.1. This application under Section 439(2) of the Code of Criminal Procedure, has been filed against the order dated 28-10-1991 of Shri A. K. Patel, Judicial Magistrate First Class, Gadarwara, whereby the accused non-applicants have been granted bail - allegedly in cases triable by the Court of Session. During arguments, counsel for the State also supported the application for cancellation of bail.2. The brief history of the case is that, on the report of applicant Munnibai, Crime No. 144/91, under Sections 147, 148, 149, 323, 324, 307, 325, 354 and 506-B of the Indian Penal Code was registered against these non-applicants. The incident is said to have taken place on 26-10-1991 at 8-00 A.M., in village Moregaon. Munnibai, Ranilal and Radheshyam received injuries in that incident. Ramlal was admitted in the hospital for treatment. X-ray examination of his injuries was also done; by which fracture of right tibia bone was found. Injured Radheshyam and Munnibai received s...
Anand Cinema Vs. Mohan Tiwari and anr.
Court: Madhya Pradesh
Decided on: Feb-01-1992
Reported in: (1993)ILLJ1105MP; 1992(0)MPLJ334
1. A common order is passed in this appeal and the connected Letters Patent Appeals Nos. 21 and 22 of 1984, in which the employer is common although the employees are different and common questions of law and fact arise. The three Letters Patent Appeals have been preferred against the order of the learned Single Judge dated September 26, 1984, passed in Misc. Petitions Nos. 1964, 1965 and 1463 of 1982, Employers In Relation to Anand Cinema, Jabalpur v. Mohan Tiwari and Ors., 1985 MPLJ 765, dismissing the above three Writ Petitions filed by the employer, in the cases of the three employees.2. The learned single Judge upheld the award dated October 22, 1982 of the Labour Court passed in common in the cases of the three employees whereby the action of the employer of terminating the services of the employees was held to be a case of illegal 'retrenchment' hence was ab initio void and the employees entitled to reinstatement in service with full back wages. 3. In the three L.P.As. common qu...
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