Madhya Pradesh Court March 1992 Judgments
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Laxmi Cotton Co. and ors. Vs. Punjab National Bank and ors.
Court: Madhya Pradesh
Decided on: Mar-12-1992
Reported in: [1995]82CompCas773(MP)
V.S. Kokje, J. 1. Heard Shri R.G. Wadhmare, learned senior advocate, with Shri R. R. Waghmare, for the applicants and Shri S.C. Consul for non-applicant No. 1.2. By the impugned order dated August 17, 1987, the IVth Additional Judge to the Court of the District Judge, Indore, rejected an application filed by the applicants/defendants praying for stay of the suit pending disposal of a criminal case instituted against the applicants allegedly on the same facts and in the same circumstances.3. Shri Waghmare heavily relied on the judgment of this court in Civil Revision No. 345 of 1986 decided on July 30, 1988, in New Bank of India v. Radhakishan and Co. [1988] Bank J 600. Shri Consul, on the other hand, relied on the judgment of this court in Economic Packegin v. Mount Mettur Pharmaceuticals (C. R. No. 27 of 1986 decided on March 9, 1987).4. The law on the point dates back to a decision of the Supreme Court in Sherif v. State of Madras, AIR 1954 SC 397. As noted by S.K. Dubey J., in para ...
Rajendra Kumar Vs. Savitribai
Court: Madhya Pradesh
Decided on: Mar-12-1992
Reported in: I(1992)DMC567
V.S. Kokje, J.1. THE applicant is aggrieved by the order dated 20 6 90 passed by the 9th Additional Judge to the Court of District Judge Indore in case No. 261 of 1987 under the Hindu Marriage Act (hereinafter referred to as 'the Act'.)2. Non-applicant wife had moved an application under Section 24 of the Act for interim maintenance and expenses of litigation in a case filed by the applicant against her for grant of divorce under Section 13 of the Act. The Court after examining the parties, directed the applicant to pay Rs. 500/- month to the non-applicant and Rs. 100/- per month for the daughter born out of the marriage. Towards the expenses the Court directed the applicant to pay Rs. 500/- in a lump-sum.3. Shri R.C. Pandey learned Counsel for the applicant submitted that in the application of the non-application under Section 24 of the Act there is a prayer only for Rs. 450/-per month for the wife and Rs. 150/- per month for the daughter, but the Court has granted Rs. 500/- per month...
Munendra Kumar Dwivedi and ors. Vs. Ramji Tiwari and ors.
Court: Madhya Pradesh
Decided on: Mar-11-1992
Reported in: 1992(0)MPLJ936
ORDERS.K. Jha, C.J.1. This is a writ petition under Article 227 of the Constitution of India. The facts are not in dispute.A Civil Suit was instituted by the petitioners which was registered as Civil Suit No. 27-A of 1991 in the Court of 5th Civil Judge, Class II, Rewa. An application under Order 39, Rules 1 and 2, Code of Civil Procedure was filed before the trial Court by the petitioners. The trial Court passed an order of temporary injunction by an order dated 24-9-1991. Against the aforesaid order, the sole respondent who was the defendant in the suit filed an appeal which was registered as Misc. Appeal No. 54 of 1991 in the Court of Third Additional District Judge to the Court of District Judge, Rewa. By an order dated 22-10-1991, the appellate Court allowed the appeal of the respondent opposite party and vacated the order of temporary (interim) injunction passed by the trial Court. A copy of the trial Court order has been marked Annexure-P6 to the writ petition. A copy of the app...
Narendra Singh @ Pratap Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-07-1992
Reported in: 1993(0)MPLJ304
ORDERK.K. Verma, J.1. This is a revision from the order dated 9-12-1987 of the First Additional Sessions Judge, Gwalior, in S.T. No. 113/87 rejecting the applicant's application for summoning some witnesses on the point of the age of the applicant.2. I have heard the applicant's learned counsel and the learned Additional Government Advocate.3. This case furnishes another example of the lackadaisical manner of the handling of the subject by all concerned in the trial Court.4. On 15-9-1987,the applicant made an application that he was below 16 years of age on 10-4-1987, the date of the commission of the offences. Without calling upon the State to file a written reply to the application, the learned trial Judge fixed the case for holding an inquiry on the aforementioned application.5. On 6-10-1987, the applicant made an application for summoning Shri Ram Sewak Sharma, the head master of the Government Middle School, Baraiya, with the school record containing the particulars about the appl...
Mohammed Shafi Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-07-1992
Reported in: 1993CriLJ505
A.G. Qureshi, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India for quashing the order of the Superintendent of Police, Mandsaur placing the petitioner under police surveillance under Regulation Nos. 855 and 856 of the M.P. Police Regulations framed under the Police Act.2. According to the petitioner he is a respectable citizen of Mandsaur and he has got sufficient agricultural land, fruit gardens, hotel and buses operating on the route in M.P. Some officers of the police got biased against the petitioner and, therefore, they took a frivolous action against the petitioner. The petitioner is not engaged in any trade or business of arms, opium, cocaine or any excisable articles. He is not a dangerous criminal leading the life of crime or a security risk to the community. A frivolous case was lodged against the petitioner which was crime No. 330/67, but he has been honourably acquitted by the High Court. Similarly Crime No. 235 of 76 was also regis...
Mangaliya and ors. Vs. Mst. Pancho and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1992
Reported in: AIR1993MP175
T.N. Singh, J. 1. One short, but important question of law has been raised for our decision in this matter. Whether a second appeal lies in respect of an order passed in a proceeding instituted under Section 275, Quanoon Mal (of erstwhile Gwalior State)? That is extracted below. nQk 275 nkok QkDd jgu ;k tjs jgu & vxj nkokQkDd jgu ;k tjs jgu fdlh nLrkost jftLVh 'kqnk dks : ls djuk ykfte vkos rks panrhu lky rglhynkj lkgc ds btykl esa vkB vkus ds LVkEi ij nk;j gksxkA rglhynkj dsgqDe ds vihy lwckr esa gksxk vkSj gqDe lwck lkgkc ukfrd gksxk-2. Obviously, it is not necessary, therefore, to refer to all aspects of the long travail which parties have suffered during the course of long 20 years' life of this lis, but to the undisputed facts relevant to the controversy, a reference is still necessary. Hardeva, prede-cessor-in-interest of the petitioners, was recorded as a Pakka Krishak of land measuring 6 Bighas and 6 Biswas, in village Mohammadpur, Pargana and District Gwalior. He submitted an ...
Arshad HussaIn and Akhlas HussaIn Vs. the Regional Transport Authority ...
Court: Madhya Pradesh
Decided on: Mar-06-1992
Reported in: II(1992)ACC152
ORDERV.D. Gyani, J. 1. Both these petitions are closely connected. They raise and involve a common question of law. In fact arguments advanced are common to both these petitions. Therefore they are being decided by common order.2. The petitioners are holders of stage carriage permits, plying their carriages on Harda-Indore (Via Nemavar, Khategaon, Kannod Bijawad-Chapda with a total distance of 156 kms.) routes making two single trips daily as per timings shown by them.3. Respondents Jagdevisingh and M/s R.J. Fouzdar are also Bus operators, who have been granted permits to operate their Buses between Hoshangabad-Indore covering the above route, subject counter signatures by R.T. As Indore and Ujjain within whose jurisdiction the above route lies. The respondents applied for counter signatures of their respective permits under Section 63 of the M.V. Act 1939 on 18.8.88, 3.8.88. These applications were published in the State Government Gazette on 18.8.88 and objections were invited to the...
Devendrapalsingh Bhujpalsingh Jadon Vs. State of Madhya Pradesh and or ...
Court: Madhya Pradesh
Decided on: Mar-05-1992
Reported in: 1992(0)MPLJ638
ORDERShacheendra Dwivedi, J.1. The petitioner has approached this Court complaining of being arbitrarily and illegally deprived of the allotment of house No. 10 in the town of Morena covered under the Hire-purchase Scheme, for middle-income-group of respondent No. 2, M. P. Housing Board (for short the Board), published in the year 1979, on first-come-first-served basis. The Board aims at providing residential facilities to needy and desirous persons no-profit-no-loss basis.2. Keeping in view the acute housing problem in the State, M. P. Housing Board has been constituted by the State and it has undertaken the work of construction of dwelling units for people belonging to different income groups. In the year 1979, respondent No. 2, invited applications from persons desirous of taking constructed houses under the scheme requiring individuals to deposit Rs. 3000/- for the registration. In case of Government employees, such requirement as to deposit was reduced to 50% and as such they were...
Asha Vs. Anand Prakash
Court: Madhya Pradesh
Decided on: Mar-04-1992
Reported in: I(1992)DMC590
V.S. Kokje, J.1. Heard Shri Y I. Mehta, for the applicant and Shri K.P. Gupta for the non-applicant.2. By the impugned order the trial Court has rejected on application Under Section 24 of the Hindu Marriage Act (for short 'the Act'), moved by the wife, in proceedings for divorce. The Court has observed in the. penultimate paragraph of the order that it was true that Under Section 24 of the Act the Non-applicant-wife should be granted interim maintenance but it appeared to the Court from the pleadings in the case that the financial status of the parents of the N.A./wife is not such that the N.A./wife would starve. This is hardly a judicial order. The impugned order, therefore, is liable to be set-aside. I examined the material put by the parties on record in connection with the application for interim maintenance and I find that sufficient material for decision of the question of interim maintenance has not been put on record by both the parties. The wife has alleged that the husband h...
ikram Ahmad Gulabkhan Vs. Regional Transport Authority
Court: Madhya Pradesh
Decided on: Mar-04-1992
Reported in: 1992(0)MPLJ593
ORDERS.K. Chawla, J.1. The petitioner, who is a bus operator, challenges the validity of model condition attached to his regular stage carriage permit.2. The petitioner, along with some other applicants, was granted regular stage carriage permit over route Tikamgarh-Nowgaon via Dhajarai, Baldeogarh, Khargapur, Palera, Kasoli, which is 91 km in length, vide order dated 19-4-1991 by R.T.A., Sagar (Annexure 'A'). The R.T.A. in the said order imposed model condition that the permit holder shall operate the route by 1990 or a later model. It is this condition relating to model of the vehicle which is challenged in this writ petition. It is also averred that the petitioner has no alternative remedy since the Presiding Officer of S.T.A.T. has retired and the post is still lying vacant.3. The main contention raised on behalf of the petitioner is that he has 1980 model bus by which he intends to operate the permit in question. The said bus is covered by fitness certificate. As such, imposition ...
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