Madhya Pradesh Court July 1992 Judgments
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Narayan Das and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-13-1992
Reported in: 1993(0)MPLJ145
S.K. Chawla, J.1. Accused Narayan Das challenges his conviction under Section 302 of the Indian Penal Code and sentence of imprisonment for life inflicted there under.2. On the prosecution story, appellant Narayan Das, along with his father, Nathuram, on 25-7-1978, at about 5.00 p.m., was digging in an open land in front of his house in order to extend a platform (Chabutra). The deceased Ratan, living in a house close by, remonstrated with the appellant and his father, saying that their act would abridge his right of passage over the common land. It is the prosecution story that, at that time, appellant dealt a spade on the head of the deceased and the appellant's father exhorted the appellant to finish the deceased. The deceased got injured and met with instantaneous death at the spot. Learned Sessions Judge, Datia, by the impugned judgment convicted the appellant of the offence under Section 302, Indian Penal Code and the appellant's father Nathu under Section 302/34, Indian Penal Co...
Dr. Rupesh Modi Vs. the Director of Medical Education, Bhopal and ors.
Court: Madhya Pradesh
Decided on: Jul-10-1992
Reported in: AIR1993MP9
A.G. Qureshi, J. 1. The petitioner in this petition Dr. Rupesh Modi passed the M. B. B. S. Examination from M. G. M. Medical College, Indore in October 1988 and completed internship on 25-12-1988. But for the house-job he could not be selected in the year 1989, but during the continuation of the house-job, one vacancy of the house-job occurred in medicine. The petitioner was offered this house-job and he joined the same on 15-6-1990. Thereafter he completed the house-job after getting extension on 14-6-1991.2. According to the petitioner he is entitled to admission in Diploma Course either in the subject of Tuberculosis and Chest Diseases (hereinafter called D.T.C.D.) or Diploma in Anesthesia (hereinafter called D.A.) according to the Rules framed by the State Government in consonance with the Indian Medical Council Rules. Actually the criteria for admission to the diploma course is the same as admission to Post-Graduate Course. Rule 3.1 of the Diploma Rules provides that the criteria ...
Sardar Mehnga Singh Vs. P.D. Das
Court: Madhya Pradesh
Decided on: Jul-06-1992
Reported in: 1993(0)MPLJ416
ORDERK.M. Agarwal, J. 1. This appeal was heard on admission on 2-7-1992, but for want of time, the order could not be passed on that day. It is now being delivered today.2. The appellant was admittedly a tenant of the respondent in respect of the suit accommodation. He suffered a decree for ejectment on the ground under Section 12(1)(e) of the M. P. Accommodation Control Act, 1961 (in short the 'Act'), from both the Courts below. In this second appeal, the learned counsel for the appellant drew my attention to paragraph 1 of the plaint and submitted that the respondent could not claim himself to be the owner of the suit accommodation, because the land was purchased in the name of the respondent's minor son Inosdas on 14-9-1984. The house was also constructed after obtaining sanction from the Municipal Corporation, Raipur in the name of his minor son Inosads. Under these circumstances, by virtue of Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 (in short 'Benami Transac...
Mines Manager Vs. Waheedul Haque Abbasi
Court: Madhya Pradesh
Decided on: Jul-03-1992
Reported in: 1994ACJ334; (1999)IIILLJ437MP
R.K. Verma, J. 1. This is an appeal by the employer Mines Manager filed under Section 30 of the Workmen's Compensation Act against the order dated August 11, 1986 passed by the Commissioner, Workmen's Compensation (Labour Court), Jabalpur, in case No. W.C. (Fatal) 106 of 1985 whereby the respondent, father of the deceased workman Shafiul Haque, has been awarded a sum of Rs. 30,000/- as compensation in respect of the death of the workman.2. The facts giving rise to this appeal briefly stated, are as follows :The deceased Shafiul Haque, aged 36 years, was in the employment of the appellant Mines Manager and was working as Traffic Incharge inside the mine on September 4, 1983, where he died of heart failure.3. On a petition claiming compensation having been filed by the respondent, father of the deceased, under the Workmen's Compensation Act, before the learned Commissioner for Workmen's Compensation, Jabalpur, the learned Commissioner after trial of the case found that the deceased was a...
National Insurance Co. Ltd. Vs. Lalchand Gupta and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1992
Reported in: II(1993)ACC179; 1993ACJ178
R.K. Verma, J.1. This appeal by the insurance company (insurer) in respect of the truck bearing registration No. UTQ 7748, belonging to respondent No. 3, is directed against the award made by the Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 30 of 1985; decided on 25.7.1986.2. The facts giving rise to this appeal, briefly stated, are as follows:On 3.1.1985, truck bearing registration No. MPA 4801 belonging to claimant-respondent No. 1 was damaged in an accident which took place on account of collision of this truck with another truck bearing registration No. UTQ 7748 belonging to respondent No. 3 and being driven by respondent No. 2 on Allahabad Rewa Road between Mangawan and Gangev at the relevant time.3. On a claim petition having been filed by the claimant-respondent No. 1, the owner of the damaged truck, against the owner, driver and the insurer of the offending truck bearing registration No. UTQ 7748, the learned Tribunal after trial of the case, on appreciation of evid...
Harish Chandra and anr. Vs. Lucky Bharat Garage and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1992
Reported in: 1994ACJ201
R.K. Verma, J.1. This is an appeal by the parents of the deceased minor Mukesh Kumar Moda, under Section 110-D of the Motor Vehicles Act, against the award made by the Motor Accidents Claims Tribunal, Raigarh, in Claim Case No. 5 of 1984 dated 9.4.1986, whereby the learned Tribunal has awarded compensation amounting to Rs. 20,000/- in respect of the death of the deceased by a motor accident, with interest thereon at the rate of 6 per cent per annum from the date of claim petition till realisation.2. The facts giving rise to this appeal, briefly stated, are as follows:On 3.11.1983, the date of the incident, while the minor Mukesh Kumar Moda, aged 9 years, was witnessing the Dipawali lighting, standing in front of his house, at about 8 p.m., the driver, respondent No. 4, who was driving the truck bearing registration No. CPS 8764, owned by respondent No. 1 and insured with respondent No. 3, insurance company, drove the truck rashly and negligently with the result that the truck dashed ag...
Harish Chandra and ors. Vs. Lucky Bharat Garage and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1992
Reported in: I(1995)ACC338
R.K. Verma, J.1. This is an appeal by the parents of the deceased minor Mukesh Kumar Moda, under Section 110-D of the Motor Vehicles Act, against the award made by the Motor Accidents Claims Tribunal, Raigarh, in Claim Case No. 5 of 1984 dated 9.4.1986, whereby the learned Tribunal has awarded compensation amounting to Rs. 20,000/- in respect of the death of the deceased by a motor accident, with interest thereon at the rate of 6 per cent per annum from the date of claim petition till realisation.2. The facts giving rise to this appeal, briefly stated, are as follows:On 3,11.1983, the date of the incident, while the minor Mukesh Kumar Moda, aged 9 years, was witnessing the Dipawali lighting, standing in front of his house, at about 8 p.m. the driver, respondent No. 4, who was driving the truck bearing registration No. CPS 8764, owned by respondent No. 1 and insured with respondent No. 3, Insurance Company, drove the truck rashly and negligently with the result that the truck dashed aga...
MohinuddIn and anr. Vs. President, Municipal Committee, Khargone
Court: Madhya Pradesh
Decided on: Jul-02-1992
Reported in: AIR1993MP5; 1993(0)MPLJ333
S.D. Jha, J. 1. This second appeal by the plaintiffs who succeeded before the trial Court, but lost before the first appellate Court, was, by order dated 2-3-79, as amended by order dated 29-6-92, was admitted for final hearing on the substantial questions of law set out below:--(1) Whether the lower appellate Court committed an error in law in dismissing the suit for declaration of plaintiffs' title over the suit land on the ground that the document Ex.P/1 was not registered ? (2) Whether in the facts and circumstances of the case, the lower Court erred in law in dismissing the suit of the plaintiffs? 2. The plaintiffs are sons of Badruddin who died some time in the year 1924. They claim that their father Badruddin, on 28-2-20 vide sale-deed Ee. P/1 purchased from one Anver Sheikh Mohammad an open land for a consideration of Rs. 25/- as desribed in para 1 of the plaintiff, situated at Khargone. The sale-deed is in 'URDU' and its 'HINDI' translation is Ex. O/1A. After the death of thei...
Devisingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-02-1992
Reported in: 1993CriLJ1301
V.D. Gyani, J.1. The appellant was tried along with other accused Amarsingh, Prema and Madanlal for offences punishable under Sections 307,307/34, IPC and 332 read with 34, IPC co-accused have been acquitted by the trial court while the appellant has been convicted under Section 326, IPC and 353, IPC and sentenced to undergo rigorous imprisonment for five years and one year respectively. The sentences were to run concurrently. The judgment delivered by Sessions Judge, Shajapur, in sessions trial No. 48/84, on 31-10-1984.2. Prosecution case, in brief, was that Lilabai wife of the appellant had gone to her parental home in village Kayari. While she was still on her way along with her brother and sisters, the accused forcibly dragged her and dealt fists and blows. She was brought to the house of Devisingh. This incident was reported to Sudhdhuial P.W. 3 father of Lilabai, who lodged the report at police station and obtained a search warrant which was entrusted for execution to Kesharsingh...
Panama Chemical Works Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jul-02-1992
Reported in: 1992(40)ECC173; 1992(62)ELT241(MP)
A.G. Qureshi, J.1. This order shall govern the disposal of M.P. No. 1297 of 89 (Panama Chemical Works and Manoj Kumar) and M.P. No. 682 of 1991 (Panjon Pvt. Ltd. and Anr. v. Union of India and 3 Ors.).2. M.P. No. 1297 of 1989 has been filed by the petitioners against the respondents under Articles 226 and 227 of the Constitution of India seeking the relief of quashing the show cause notice Annexure-P19 being without jurisdiction and barred by limitation hence being illegal and biased. During the pendency of this petition the petitioners in M.P. No. 682 of 1991 started the manufacture of the same product which was the subject matter of the earlier petition. They, therefore, submitted a classification list for suitable classification of the Ayurvedic product 'SWAD' for treating it as an Ayurvedic preparation, whereupon the respondent No. 4, Superintendent, Central Excise, issued a show cause notice dated 8-1-1991 to the petitioner Company that why the product SWAD be not classified as co...
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