Madhya Pradesh Court July 1992 Judgments
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Punjab National Bank Vs. Ishwar Prasad Tiwari and anr.
Court: Madhya Pradesh
Decided on: Jul-21-1992
Reported in: 1994(0)MPLJ411
K.M. Agarwal, J.1. This first appeal by the plaintiff Bank is directed against dismissal of the suit on the ground of limitation.2. It is not in dispute that the appellant is a nationalised Bank. On 30-8-1973 it had advanced a loan of Rs. 6,800/- to the respondent No. 1 Ishwar Prasad Tiwari for purchase of a three wheeler auto rickshaw. The loan was repayable in 36 equal monthly instalments, commencing from 30-9-1973. It was to carry interest at the rate of 12 per cent per annum with quarterly rests. The respondent No. 2 Suresh Chandra Mishra was the guarantor for repayment of loan. The loan was not discharged and, therefore, a suit for recovery of a sum of Rs. 29,992.75 paise was filed on 28-7-1984. The suit was resisted by the respondents, inter alia, on the ground of limitation. All the issues, except that on the point of limitation, were decided in favour of the appellant and the suit was dismissed as barred by time. Being aggrieved, the plaintiff Bank has preferred this appeal.3. ...
Chandarsingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-20-1992
Reported in: 1992CriLJ3947
A.R. Tiwari, J.1. By this judgment, we are disposing of Criminal Appeal No. 244/84 as well as Criminal Appeal No, 243/84 because they arise out of the judgment rendered by the learned First Additional Sessions Judge, Ujjain in Sessions Trial No. 14/84 on 17-5-1984.2. Dissatisfied by their conviction under Section 302/149 of the Indian Penal Code and sentence of imprisonment for life thereunder, the ten convicts (Chandarsingh, Nihalji, Anandilal, Manaklal, Kanhiram alias Kanhaiya, Bapusingh, Dulesingh, Laxman, Rameshwar and Jatalsingh) have preferred Appeal No. 244/84 and the remaining two convicts (Bheru and Prema) have filed Criminal Appeal No. 243/84, assailing the conviction and sentence awarded to them as aforesaid by the judgment noted above.3. Briefly stated, the prosecution case was that on 18-12-1983 at 1.30 p.m. the deceased Umrasingh and one Ramesh (P.W. 6) were sleeping the KHALA (threshing-flour) belonging to the deceased. All the appellants armed with different weapons tog...
Mukesh JaIn Agarwal Vs. Collector of Central Excise
Court: Madhya Pradesh
Decided on: Jul-20-1992
Reported in: 1992(40)ECC5; 1992(62)ELT295(MP)
A.G. Qureshi, J.1. This is a petition under Article 226 of the Constitution of India against the respondents claiming quashment of the order of Collector, Central Excise and Customs for seizure of goods pertaining to 30.130 Kgs. of silver and currency notes in the sum of Rs. 1,45,000/-, and quashment of further proceedings for the confiscation of the aforesaid goods and award of exemplary costs to the respondents.2. The facts leading to this petition, in short, are that petitioner No. 1 Mukesh Jain deals in the business of silver in the name and style of Suhel Metal Industries at Indore. The main business of the petitioner being melting of silver and silver ornaments to make silver slabs of a definite percentage. The petitioner No. 1 has also a shop at Bada Sarafa Indore. He is also engaged in buying and selling silver on commission basis. The father of petitioner No. 1 is petitioner No. 2 and he also deals in the business separately, Petitioner No. 9 is the son of petitioner No. 2 and...
M.P. State Road Transport Corporation Vs. State Transport Appellate Tr ...
Court: Madhya Pradesh
Decided on: Jul-16-1992
Reported in: 1992(0)MPLJ931
ORDERS.K. Chawla, J.1. In this writ petition, filed a decade back, the M. P. State Road Transport Corporation, challenges a revisional order passed by S.T.A.T., M. P., Gwalior dated 25-1-1982 (Annex. D) renewing stage carriage permit of respondent No. 3, M/s. Prabhat Transport Company.2. First a few facts which are uncontroverted. Respondent No. 3, M/s. Prabhat Transport Company, is a private route operator which held an old regular stage carriage permit of the year 1962 (permit No. 41/62) over inter-State route Achalpur-Chincholi via Betul. The said permit was issued by 'S.T.A., M.P., Gwalior and was countersigned by S.T.A., Maharashtra under the terms of reciprocal agreement. The permit was being renewed from time to time. The last validity of the permit expired on 25th of July, 1980. Meanwhile respondent No. 3, i.e. the permit holder, made an application for renewal of the said permit to S.T.A., M. P., Gwalior, 180 days in advance i.e. on 28-1-1980. On 16-5-980, the petitioner in th...
Dr. Maneesh Rai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-15-1992
Reported in: AIR1993MP1
ORDER1. The following order of the Court was delivered by V. S. Kokje, J.:2. The petitioner has passed his B.D.S. Examination in the year 1990 and is desirous of admission to a Post-Graduate Course in the Dental College, Indore. The State Government had framed guidelines for admission to the Post-Graduate Course in the College of Dentistry, Indore. These Rules are called 'the M.P. Selection Rules for Post-Graduation Courses in the College of Dentistry, Indore, 1988. Admissions were given under these Rules. Now on 2-4-1992 New Rules named M.P. Competitive Post-Graduate Entrance Examination for Admission to Medical Courses (M.D./M.S.) & Dental Course (M.D.S.) Rules, have been made. In the Notification dated 31-3-1992 published in the Gazette of M. P. dated 2-4-1992, it is declared that on publication of these rules, M. P. Post-Graduation Rules, 1984, shall become defunct. However, no similar repeal of the 1988 Rules applicable to the Post-Graduate Course, in the College of Dentistry, has...
Tahsildar Yadav Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-15-1992
Reported in: 1993(0)MPLJ87
ORDERK.M. Pandey, J. 1. This Writ Petition under Articles 226 and 227 of the Constitution of India has been filed alleging that the non-petitioner Krishi Upaj Mandi Samiti, Bhind, is a body corporate constituted under the Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter called the Act). Under section 30 of the Act every market committee may appoint such officers and servants as may be necessary for the efficient discharge of its duties. Sub-section (2) of this section says that the market committee may make byelaws for regulating the appointment, pay, leave, allowances, pensions, gratuities, contribution to provident fund and other conditions of service of officers and servants appointed under Sub-section (1) and for providing for the delegation of power, duties and functions.2. The non-petitioner committee issued a notice inviting applications for the post of Chowkidar on 13-8-1981 (Annexure P-2). The said committee appointed an selection committee for making selection of persons for th...
Bhole Alias Bholesh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-15-1992
Reported in: 1993CriLJ2821
ORDERK.M. Pandey, J.1. The applicant in this case prays for bail on the ground that he was not supplied copies of the charge-sheet and other papers in accordance with the provisions of Section 167(2) of the Cr. P. C. within 90 days with the result that he is entitled to bail and he has relied on 1988 Jab LJ 444 : (1989 Cri LJ 1553) for it.2. The brief facts of the case are that the applicant is involved in a case Under Section 302, 394/34, I.P.C. along with co-accused, namely, Ram Avtar and Chhidda. He was taken in custody on 2-8-91 and copy of the charge-sheet was not supplied to the applicant in accordance with the provisions contained in Section 167(2) of the Cr. P. C. No doubt in this case challan was filed within 95 days but the copies of the challan were supplied after two days of the expiry of the 90 days.3. The applicant contended before the Sessions Judge that since the period of 90 days expired and the applicant has not been supplied with copies of the charge-sheet, therefore...
Smt. Sona Bai and ors. Vs. Khoob Chand
Court: Madhya Pradesh
Decided on: Jul-15-1992
Reported in: AIR1993MP173; 1993(0)MPLJ520
ORDERS.K. Seth, J. 1. The present revision by the landlady/applicant No. I and the other applicants is directed against the interim order dated 31-7-1989 passed by the Rent Controlling Authority in Case No. 51/86-87. It may be mentioned that the revision was barred by limitation as provided under Section 23-E of the M.P. Accommodation Control Act, 1961. But, then, vide order passed by this Court on 7-7-1992, it, in the facts and circumstances of the case, considered it proper to entertain the same in exercise of its suo motu power unddr the said section and as such there remains no question of it being barred by limitation. 2. As the tenant-applicant had not de-'posited rent during the pendency of the case instituted by landlady-applicant No. 1 and the other applicants for his eviction from the . accommodation in question under Section 23-A of' the M.P. Accommodation Control Act, 1961, the landlady-applicant No. 1 and the other applicants made an application to the Rent Controlling Aut...
Godawari Bai Bisahuram Sahu Vs. Bisahuram Sahu
Court: Madhya Pradesh
Decided on: Jul-14-1992
Reported in: 1992(0)MPLJ770
ORDERK.L. Issrani, J.1. The present revision petition is against order dated 22-12-1987 passed by Shri B. K. Shrivastava, Third Additional Sessions Judge, Bilaspur, in Criminal Revision No. 218 of 1986 setting aside the order dated 13-11-1986 passed by the Additional Chief Judicial Magistrate, Bilaspur, in Misc. Cr. Case No. 45 of 1986 on an application under Section 125 of the Code of Criminal Procedure.2. Admittedly, the applicant Smt. Godawari Bai, after getting the customary divorce from her earlier husband Domra, had married the non-applicant Bisahuram Sahu in Churi form in the life time of his first wife Smt. Baisakha Bai, who is still alive. The present marriage in Churi form was performed between the parties in order to get the issues which the non-applicant did not have from his first wife Smt. Baisakha Bai. This marriage took place about more than 20 years before. Bisahuram Sahu had five daughters from applicant Smt. Godawari Bai, out of them only 3 are alive. At present appl...
Raj Kumari and anr. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jul-14-1992
Reported in: 1993ACJ846
D.M. Dharmadhikari, J.1. The only accident on 16.7.1991, were rightly denied question involved in this appeal is whether payment of compensation by the learned the appellants as dependants of the deceased Judge as Ad hoc Claims Commissioner Sheo Ram Singh, who died in a railway under the provisions of Section 82A of the Railways Act, 1890, on the ground that they failed to prove that the deceased was a 'bona fide passenger' meaning thereby that he did not hold a valid railway ticket, pass or permission for the journey.2. Learned counsel appearing for the dependants-appellants herein contends that the claim for compensation could not have been negatived by the lower court on the ground mentioned above.3. Learned counsel appearing for the Railways supports the decision of the Claims Commissioner on the basis of the ruling of Patna High Court reported in Ramchandra Prasad v. Union of India AIR 1939 Patna 316 and Full Bench decision of Allahabad High Court reported in Sundari v. Union of I...
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