Madhya Pradesh Court September 1992 Judgments
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Sheikh Bishmillah Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-15-1992
Reported in: 1994(0)MPLJ224
ORDERP.P. Naolekar, J.1. This judgment shall also dispose of Misc. Petitions Nos. 864 of 1992, 597 of 1992 and 908 of 1992.All these petitions raise a common question of law to be adjudicated by this Court as to whether the total ban imposed by the M. P. Krishik Pashu Parirakshan (Sanshodhan) Adhiniyam, 1991 (hereinafter to be referred to as the 'Amending Act') on the slaughter of certain species of cattle is permissible in view of Article 19(1) of the Constitution of India which guarantees the petitioner's right to carry on any trade, business or profession of his choice and the law so made is saved by virtue of Article 19(6) of the Constitution. A further ancillary question arises whether such a ban imposed is in the teeth of the law declared by the Supreme Court in the case of Mohd. Hanif Quareshi v. State of Bihar, AIR 1958 SC 731.2. The Madhya Pradesh State Legislature first enacted Madhya Pradesh Krishik Upaj Pashu Parirakshan Adhiniyam, 1959 and after so many amendments, the Ame...
Smt. Krishna Bai and ors. Vs. Shivnath Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-08-1992
Reported in: AIR1993MP65
D.M. Dharmadhikari, J.1. The suit filed by the appellants/plaintiffs was dismissed by both the Courts below. The plaintiffs as members of the joint Hindu family claimed a declaration in the suit that the registered gift deed dated 14-4-1969 (Ex.P.1), executed by defendant No. 1 Bir Bahadur Singh in favour of defendant No. 2 Vishram Singh (who was sister's son of the donor), was invalid in law as the suit land which is the subject matter of the gift was an item of joint Hindu family property and could not be transferred without the consent of the other members of the family as per the Benaras School of Mitakshara Hindu Law, applicable to the Vindhya Pradesh region. The defendants set up a case of partition between the members of the family which was accepted by the lower appellate Court and it was held that Bir Bahadur Singh could validly make a gift of the suit land which was his separate property obtained by him in partition. Apart from the documents in the shape of revenue records an...
Devi Chamar and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-07-1992
Reported in: 1993(0)MPLJ698
ORDERShacheendra Dwivedi, J. 1. The conviction and sentence of the two petitioners stood confirmed in appeal preferred by them against the order of conviction and sentence passed by Magistrate 1st Class, under Section 509, Indian Penal Code to 4 months' S.I. (though in the impugned order it has been described as R.I.).2. According to the prosecution, on 24-7-1982, while the complainant Mewa Bai (PW-1) was returning to her house after purchasing Kerosene oil, the two petitioners asked her for sexual intercourse by saying 'Bur De De', to which she abused them and on reaching home, she narrated the incident to her mother Halki Bahu (PW-3). The report Ex.P-1 was lodged with police and after the investigation a challan was filed under Section 509, Indian Penal Code against the accused/petitioners.3. The bone of contention of Shri Kochar counsel for the petitioners in this revision is that the age of accused/petitioners being below 21 years, they could not be sentenced to imprisonment as the...
Kantibai and ors. Vs. Jagdishchandra
Court: Madhya Pradesh
Decided on: Sep-04-1992
Reported in: I(1993)DMC79
S.D. Jha, J.1.This revision petition by wife and two daughters of respondent-husband, is directed against the order dated 19-3-90 passed by Additional Sessions Judge, Mandsaur, reversing the order dated 13-4-88 granting maintenance of Rs. 200/-per month 'to the petitioner wife and Rs. 100/- each to the petitioner-daughters.2. The petitioner Smt. Kantibai and the respondent Jagdishchandra are Hindus and were married according to Hindu rites. The petitioners Nos. 2 and 3 daughters were born from this wedlock. After the parties lived for some time, the respondent treated the petitioner wife with curelty and turned her out and left her and the two daughters at her parent's place. It was also alleged that according to the information received by the petitioner the respondent without obtaining divorce from the petitioner-wife intended to go for a second marriage. It-was alleged (bat the respondent even though possessed of sufficient means was neglecting the petitioner-wife and the children.3...
Ram Dayal Vs. Central Narcotic Bureau
Court: Madhya Pradesh
Decided on: Sep-03-1992
Reported in: 1992(0)MPLJ834
ORDERT.N. Singh, J.1. This reference is made by one of us (S. K. . Dubey, J.) while hearing third bail application of the accused/applicant, arrested in connection with an offence under Section 8/18, the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the 'Act', or NDPS Act. After hearing counsel, we framed following two questions which arise for our consideration in the facts and circumstances of the case :1. If for offence under Section 18, NDPS Act, charge-sheet is filed 90 days after the arrest of the accused, whether the latter will, as of right, be entitled to get bail from High Court?2. Under what circumstances, the High Court or the 'Special Court' can grant bail under Section 37, NDPS Act, to a person accused of an offence under Section 18 of the said Act if plea is raised by the accused in terms of Section 50 of the said Act?2. On 8-8-1991, the accused was apprehended while travelling in a bus with an attache case, on Agra-Bombay Road, near Shivpuri. From his...
Chandrapraba and anr. Vs. Madhya Pradesh State Road Trans. Corpn. and ...
Court: Madhya Pradesh
Decided on: Sep-03-1992
Reported in: 1993ACJ856
M.W. Deo, J.1. Jyoti, a girl aged 6 years, was alleged to have been knocked down by a city bus bearing No. CPW 7006, owned by respondent No. 1 and driven by Madhukarrao, respondent No. 2, in the employment of respondent No. 1.2. Briefly stated, the case of the claimant Jyoti through her guardian mother Chandrapraba was that on 13.5.1983 while Jyoti was walking along with her mother by the side of the road near Rajwada, Indore, the bus aforesaid was driven by driver Madhukarrao rashly and negligently with the result that Jyoti was knocked down by the front conductor side wheel of the bus and her legs were overrun by the wheel. Jyoti was taken to the hospital where she was admitted and operated. She was an indoor patient in M.Y. Hospital, Indore, from 13.5.1983 to 5.7.1983. Jyoti has suffered a permanent disability of 25 per cent with a stiff knee with permanent scars on both legs. Jyoti, therefore, claimed damages to the tune of Rs. 1,00,000/- including special damages for treatment and...
Vidya Devi JaIn and anr. Vs. Ram Het and ors.
Court: Madhya Pradesh
Decided on: Sep-01-1992
Reported in: 1993ACJ710
R.C. Lahoti, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimants seeking enhancement in the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Gwalior.2. The deceased was one Narayan Das. Originally the claim petition was preferred by 4 claimants being respectively the widow, the daughter, the son and the mother of the deceased. However, the daughter died during the pendency of the claim before the Tribunal and her name was deleted thereat. The son has died during the pendency of this appeal and the application seeking striking out his name from the array of the appellants was filed before this court. That application is allowed as not opposed. The counsel for the appellants shall carry out the amendment in the cause title within 3 days, failing which the office shall carry out the amendment.3. The relevant facts not beyond the pale of controversy at this stage may briefly be noticed. Late Narayan Das died an acci...
Dhani Ram and anr. Vs. Gurdip Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-01-1992
Reported in: 1993ACJ49
T.N. Singh, J.1. Appeal allowed for reasons to follow. The order impugned is passed by Motor Accidents Claims Tribunal dismissing the application of the appellant-applicant for restoring to file his application under Section 166 of the Motor Vehicles Act, 1988, dismissed for default. The impugned order justifies the earlier order on the ground that steps for filing P.F. had not been taken and there was no reasonable ground, therefore, to set aside the ex parte dismissal of the claim petition. Such a view is not tenable because of the holding of this Court in Shahzad Khan, 1986 (I) MPWN 28. It has been held that for ensuring service on non applicants, when a petition is made for compensation for death occurring in motor accident it shall be duty of the Claims Tribunal to do the needful. Non-applicants are to be served anyhow and steps for process etc. are not to be taken by the applicant-claimants. Therefore, there could not be any lapse or default on the part of claimants-appellants. T...
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