Madhya Pradesh Court April 1992 Judgments
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Manohar Vs. Smt. Madhani
Court: Madhya Pradesh
Decided on: Apr-28-1992
Reported in: II(1992)DMC395
V.D. Gyani, J.1. This appeal Under Section 28 of the Hindu Marriage Act,arises out of order dated 2.4.91, passed by the Additional District Judge,Indore in Matrimonial Case No. 499/91, thereby dismissing the appellant's caseUnder Section 13 of the Hindu Marriage Act for dissolution of marriage and for adecree of divorce with costs. The suit was based on the ground of cruelty.2. On the last date of hearing, an attempt was made for reconciliation between the parties. Since it was fell that there was some scope to continue these efforts before the appeal could be finally heard and it was accordingly directed to be listed for today. It is accordingly listed.3. Shri Sinha learned Counsel for the appellant and Shri Amarsinghlearned Counsel for the-respondent are heard.4. The Trial Court on the basis of pleadings framed the issues asunder:(1) Whether the n.a./wife treated the applicant/husband withcruelty?(2) Whether the applicant/husband cannot take advantage of hisown weakness of having rel...
Betal Singh Mahore Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-28-1992
Reported in: 1993(0)MPLJ238
ORDERR.C. Lahoti, J. 1. The Administrative Tribunals Act, 1984 having come into force and the State Administrative Tribunal too having been established, should this Court entertain and proceed to dispose of the controversy raised in the petition or should the petitioner be directed to knock the doors of Tribunal, is the question mooted for decision at this stage.2. The petitioner, a member of scheduled caste, complains of gross violation of statutoy rules and foul play at the process of selection conducted by a Selection Committee constituted for selecting suitable candidates for filling the posts of Warders in Central Jail, Gwalior. The relief prayed for is that the candidates, including the petitioner, who were actually selected by the Selection Committee be given appointments and those who were not so selected and yet could secure appointments, be excluded. The petitioner is out of employment and is definitely not an in service person.3. The maintainability of the petition having be...
H. and R. Johnson (India) Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-28-1992
Reported in: 1993(41)ECC283; 1992(61)ELT73(MP)
ORDER1. Dr. D.Y. Chandrachud, learned counsel for the petitioner heard on admission. Shri B.G. Neema learned standing counsel of G.O.I.2. This is a petition under Articles 226, 14 and 300A of the Constitution of India against the Union of India, Collector of Central Excise and Assistant Collector of Central Excise, Ujjain. The petitioner is engaged in the manufacture of Ceramic Glazed Wall Tiles and Floor Tiles (paving) with factories at Thane, Dewas and Kunigal in Karnataka. The first petitioner Company holds a L-4 Licence under the Central Excises and Salt Act, 1944 (hereinafter called the Act) for manufacture of the products and the Company has filed classification and price lists from time to time and has cleared the products under the appropriate tariff. The company has a bonded store-room at its factory premises at Dewas where unsold stocks of the products are stored. The store has a capacity to keep 75,000 cartons of tiles.3. There was some dispute in the price list which result...
Badrilal S/O Balu Vs. General Manager M.P. State Rtc
Court: Madhya Pradesh
Decided on: Apr-28-1992
Reported in: 2(1993)ACC134
V.D. Gyani, J.1. This misc. appeal under Section 110(D) of the M.V. Act 1939 arises out of award dated 4.9.85 passed by the Member, Motor Accidents Claims Tribunal, Mandsaur in Claim case No. 37/83.2. The appellant is a milkman. He used to come to Mandsaur from his nearby village every day on bicycle for supplying milk. On 27.12.82 he was returning home with his friend Madan Lal, who was slightly ahead of him. It was near village Nipaniya Meghraj on Mhow Neemuch road; that the appellant's bicycle got entangled with the left front side of the Bus No. C.P.R. 9252 belonging to the respondent-Corporation and driven by respondent No. 3. In this entangled position he was dragged for a few paces before falling on the ground just infront of the Bus which had also stopped.3. Appellant's case was that the Bus dashed him from back side it was being driven at a speed of 60-70 k.m. per hour. The learned Member on consideration of the evidence adduced by the parties has held that it was the appellan...
Deepak Natkar Vs. Smt. Deepali Natkar
Court: Madhya Pradesh
Decided on: Apr-27-1992
Reported in: AIR1992MP278; II(1992)DMC401
S.K. Dubey, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955 (for short, the 'Act') has been preferred by the husband against the refusal of grant of a decree of dissolution of marriage by divorce.2. The husband/appellant/petitioner (for short, the 'petitioner') presented a petition under Section 13(1)(ia) and (ib) of the Act on 1-12-1987 in the Court of District Judge, Shajapur, averring therein that the petitioner who is employed in M. P. Electricity Board at Shajapur, was married to the respondent according to Hindu rites in the year 1980 and from the wedlock they have a daughter. Two years after the marriage, the respondent got an employment in Education Department near Ujjain and was living since then at her parents' house. Because of the employment the respondent was not discharging her duties towards petitioner, who asked her to get herself transferred to Shajapur or to relinquish the job. The petitioner complained of the respondent's cruel ill-treatment with . ...
M.P. State Road Transport Corporation Vs. Dashrath Singh
Court: Madhya Pradesh
Decided on: Apr-27-1992
Reported in: 1993ACJ157; (1993)ILLJ404MP
S.K. Dubey, J.1. The appellant, M.P. State Road Transport Corporation, Bhopal, through its Divisional Manager, Indore, and Depot Manager, Dewas (for short, the 'Corporation'), has preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short, 'the Act'), against an order dated June 11, 1982 passed in Case No. 1 of 1980, N.F., by the Commissioner for Workmen's Compensation, Labour Court, Ujjain, awarding the respondent-claimant compensation of Rs. 17,640 and interest at the rate of 6 per cent, per annum from the date of the order till deposit for the personal injuries caused to him by an accident arising out of and in the course of his employment. 2. This Court admitted the appeal on October 12, 1982 for final hearing on the following substantial questions of law: '(i) Whether the decision dated January 19, 1980 of the Commissioner for Workmen's Compensation, Indore with respect to the same incident operated as res judicata? (ii) Whether the application was ...
Anil Kumar Saxena Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-25-1992
Reported in: 1992(0)MPLJ654
ORDERR.C. Lahoti, J.1. The petitioner, erstwhile Civil Judge, Class II, in the subordinate judicial services of the State of Madhya Pradsh is aggrieved by the order dated 5-11-1990 of the State Government terminating his temporary services consistently with Rule 12 of the Madhya Pradesh Government Services (Temporary and Quasi Permanent Services) Rules, 1960, pursuant to the recommendation made in Full Court Meeting of the High Court of Madhya Pradesh.2. The impugned order of termination is reproduced hereunder :-'Madhya Pradesh State GazettePart IOrders of State Administration Legal and Legal Works Department Bhopal, Dated 5 November, 1990 No. 6647-3(B)-8-90 Twenty One-B Since Shri Anil Kumar Saxena was appointed on the post of Civil Judge II as temporary vide order No. F.3(B)-20-83-Twenty-B dated 13th December, 1985 of this Department till the further order.And because according to the agreement of the abovesaid orders his services can be terminated at any time after informing one mo...
Ramdayal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-25-1992
Reported in: 1993(0)MPLJ532
ORDERS.K. Chawla, J.1. By this revision, the accused challenges his conviction and sentence for the offence under Section 304A of the Indian Penal Code.2. It was the prosecution story that on 3-5-1981 at about 9.00 A.M. applicant Ramdayal Singh was driving a speeding truck (CPD 8478) along Indore-Bhopal highway. Near village Refiqueganj on that highway, the applicant by his truck knocked down a labourer of P.W.D. gang named Mohd. Khan who was at that time pushing a hand trolley along that road. Mohd. Khan, was knocked down while he was on the left side of the road itself. He died on the same day. On trial, Judicial Magistrate First Class, Sehore convicted the applicant of the offence under Section 304A, Indian Penal Code and sentenced him to R.I. for 1 1/2 years and fine of Rs. 4,000/-, in default to further R.I. for four months. In appeal Sessions Judge, Sehore maintained the conviction of the appellant but slightly reduced the sentence by visiting the applicant with R.I. for one year...
Ramdayal Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-25-1992
Reported in: 1994ACJ444
S.K. Chawla, J. 1. By this revision, the accused challenges his conviction and sentence for the offence under Section 304A of the Indian Penal Code.2. It was the prosecution story that on 3.5.1981 at about 9.00 a.m. applicant Ramdayal Singh was driving a speeding truck (CPD 8478) along Indore-Bhopal Highway. Near village Refiqueganj on that highway, the applicant by his truck knocked down a labourer of P.W.D. gang named Mohd. Khan who was at that time pushing a hand trolley along that road. Mohd. Khan was knocked down while he was on the left side of the road itself. He died on the same day. On trial, Judicial Magistrate First Class, Sehore, convicted the applicant of the offence under Section 304-A, Indian Penal Code and sentenced him to R.I. for 1 1/2 years and a fine of Rs. 4,000/-, in default to further R.I. for four months. In appeal Sessions Judge, Sehore, maintained the conviction of the appellant but slightly reduced the sentence by visiting the applicant with R.I. for one year...
Ramdayal Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-25-1992
Reported in: I(1995)ACC391
S.K. Chawla, J.1. By this revision, the accused challenges his conviction and sentence for the offence under Section 304A of the Indian Penal Code.2. It was the prosecution story that on 3.5.1981 at about 9.00 a.m. applicant Ramdayal Singh was driving a speeding truck (CPD 8478) along Indore-Bhopal Highway. Near Village Refiqueganj on that highway, the applicant by his truck knocked down a labourer of P. W.D. gang named Mohd. Khan who was at that time pushing a hand trolley along that road. Mohd. Khan was knocked down while he was on the left side of the road itself. He died on the same day. On trial, Judicial Magistrate First Class, Sehore, convicted the applicant of the offence under Section 304A, Indian Penal Code and sentenced him to R.I. for 11/2 years and a fine of Rs. 4,000/-, in default to further R.I. for four months. In appeal Sessions Judge, Sehore, maintained the conviction of the appellant but slightly reduced the sentence by visiting the applicant with R.I. for one year a...
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