Madhya Pradesh Court October 1993 Judgments
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Rajaram @ Rajju and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-21-1993
Reported in: 1995(0)MPLJ826
ORDERR.P. Awasthy, J.1. The petitioners, named above have filed the present revision petition against the judgment delivered in Criminal Appeal No. 27/88 by virtue of which the judgment delivered on 8-3-1988 in Criminal Case No. 575/85 by Judicial Magistrate, First Class, Patan, Dist. Jabalpur of holding the accused guilty of the offences punishable under Sections 323 and 324 read with Section 34 (respectively) of the Indian Penal Code has been maintained and by reducing the quantum of sentence the petitioners have been sentenced to pay a fine of Rs. 1000/- each or in default to undergo rigorous imprisonment for 3 months.2. Prosecution case is that on 10-11-1985 at about 3 P.M. Rameshwar Prasad (P.W.I) was digging his field by means of a pickaxe. At that time Hathiram (accused No. 2) came there and forbade Rameshwar Prasad from carrying out the said agricultural operation in that portion of the said field, contending that the said portion of the said field belongs to him. At that time ...
State of Madhya Pradesh and anr. Vs. Chatru Lal
Court: Madhya Pradesh
Decided on: Oct-18-1993
Reported in: 1995ACJ533
R.D. Shukla, J.1. The revision is directed against the order dated 24.6.1992 of Motor Accidents Claims Tribunal, Neemuch, passed in M.A.C. No. 17 of 1988 whereby the applicant's (respondent's) application under Order 6, Rule 17, Civil Procedure Code and under Order 14, Rule 5, Civil Procedure Code, for amendment in the pleading and for further amendment in the issues has been rejected.2. The brief history of the case is that the N.A. Nos. 1 and 2 (claimants) filed a claim petition before the learned Tribunal against respondent Nos. 1 and 2 (petitioners here) and respondent No. 3 (N.A. No. 3 here) with the assertions that Sugrabai, daughter of claimants, was working with respondents. The roadroller was driven by respondent No. 3 (N.A. No. 3 here) and because of the rash and negligent driving of the roadroller their daughter, Sugrabai, died after sustaining injuries from the roller. They claimed Rs. 51,000/-.3. Respondents including applicants here denied the claim and further pleaded th...
Dr. Kumari Aparna Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Oct-17-1993
Reported in: AIR1994MP42
ORDER1. Dr. Kumari Aparna Singh is a doctor who has taken her education at Indore and passed her M.B.B.S. in the year 1991 from the M.G.M. Medical College, Indore. She has also completed her internship in October, 1992. She appeared at the postgraduate entrance examination for admission to Medical M.D./M.S. course conducted by the Professional Examination Board of M.P. and finally was selected to be admitted in subjects Obstetrics & Gynaecology at G.R. Medical College, Gwalior. She had, however, given her first choice for being admitted in M.G.M. Medical College at Indore, but at the time of the admission according to the P.G. Admission Rules she could not be admitted at Indore in view of the more meritorious candidates being available at Indore.2. After coming to know that a seat was lying vacant in M.G.M. Medical College, Indore because Dr. Miss Priti Mittal had not joined the course, she applied on 2-7-1993 to the Director Medical Education for admission to Indore on the ground that...
Chinta Jaiswal Vs. Indian Oil Corporation Ltd. and ors.
Court: Madhya Pradesh
Decided on: Oct-14-1993
Reported in: 1994(0)MPLJ777
ORDERM.V. Tamaskar, J.1. This petition is directed against an order appointing respondent No. 3 as Dealer and Distributor of L.P.G. Agency by Indian Oil Corporation, respondent No. 1.2. The controversy arose in the following circumstances : an advertisement (Annexure Al) was issued calling upon unemployed Graduates to make applications in the form and the conditions mentioned therein by a certain date. The eligibility conditions, as given, were that a person should be an Indian citizen, that he should be 21 years of age and not more than 35 years on the date of application, that he should be a graduate of a University and that he should be a resident of the same district and should be a member of a family whose annual income is not more than 24,000.00. This application was required to be filed along with an affidavit disclosing full particulars.3. In all 29 applications were received including that of the petitioner and that of respondent No. 3 Padampat Garg, out of which 23 persons we...
Ujjawal Feeds Vs. Sales Tax Officer and anr.
Court: Madhya Pradesh
Decided on: Oct-09-1993
Reported in: 1994(0)MPLJ762; [1994]95STC447(MP)
M.V. Tamaskar, J.1. The petitioner is engaged in the business of manufacture of poultry feeds. By this petition, he challenges the order passed by the respondents 1 and 2 under the M.P. General Sales Tax Act, 1958, in assessment and revision respectively for the period April 1, 1981 to March 31, 1982. The premises of the petitioner were raided by the Sales Tax Flying Squad and certain accounts were seized which were not reflected in the regular books of account. For the period April 1, 1981 to March 31, 1982, the petitioner had submitted returns of his gross and taxable turnover containing the gross turnover of Rs. 24,49,006. From the said turnover, deduction was claimed in respect of tax-paid goods under Section 2(r)(ii) at Rs. 19,94,357 and the taxable turnover was shown at Rs. 4,54,650. This deduction claimed was in respect of raw material which was said to be tax-paid, purchased by him for manufacture of the feeds and sold them in the market.2. The taxing authorities, taking into c...
Abdul Rashid (Dr.) Vs. Mst. Farida W/O Abdul Rashid
Court: Madhya Pradesh
Decided on: Oct-09-1993
Reported in: 1994(0)MPLJ583
ORDERS.K. Chawla, J.1. The order under challenge in this revision is order dated 22-1-1990 by Additional Sessions Judge, Sheopurkalan, holding that application for maintenance under Section 125, Criminal Procedure Code by a Muslim divorced woman was prosecutable even after the enforcement of the Muslim Women (Protection of Rights on Divorce) Act, 1986.2. A Muslim woman named Farida (impleaded as non-applicant in this revision) filed an application under Section 125, Criminal Procedure Code against her husband Dr. Abdul Rashid (applicant in this revision) on 16-6-1980 before Judicial Magistrate First Class, Sheopur. That application was for maintenance of herself and her minor daughter Shabnam, aged then 8 years. During the pendency of that application, the husband Dr. Abdul Rashid gave Talak to his wife. That Talak became operative at least from 30-7-1985, when the husband filed an application in the Magistrate's Court informing his wife thereby that he had given Talak to her. This leg...
Dr. Abdul Rashid Vs. Mst. Farida
Court: Madhya Pradesh
Decided on: Oct-09-1993
Reported in: 1994CriLJ2336
ORDERS.K. Chawla, J.1. The order under challenge in this revision is order dated 22-1-1990 by Additional Sessions Judge, Sheopurkalan, holding that application for maintenance under Section 125, Cr.P.C. by a Muslim divorced woman was prosecutable even after the enforcement of the Muslim Women (Protection of Rights on Divorce) Act, 1986.2. A Muslim woman named Farida (impleaded as non-applicant in this revision) filed an application under Section 125, Cr.P.C. against her husband Dr. Abdul Rashid (applicant in this revision) on 16-6-1980 before Judicial Magistrate, First Class, Sheopur. That application was for maintenance of herself and her minor daughter Shabnam, aged than 8 years. During the pendency of that application, the husband Dr. Abdul Rashid gave Talak to his wife. That Talak became operative at least from 30-7-1985, when the husband filed an application in the Magistrate's Court informing his wife thereby that he had given Talak to her. This legal position under Mahomedan Law...
Ramkrishna Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Oct-07-1993
Reported in: AIR1994MP94; 1994(0)MPLJ180
V.S. Kokje, J. 1. The petitioner, in this case, was a Judge of the High Court of Madhya Pradesh till his retirement on 20-1-1986. At the time of his retirement the salary of a Judge of the High Court according to the Constitution was Rs. 3,500/-. By the Constitution (Fifty-fourth Amendment) Act, 1986 the IInd Schedule to the Constitution was amended to raise the salary of a Judge of the High Court from Rs. 3,500/- to Rs. 8,000/-. The Fifty-fourth Amendment of the Constitution came into force w.e.f. 1-4-1986. Thus, the salary last drawn by the petitioner was at the rate of Rs. 3,500/- per month. The petitioner was paid terminal benefits under the High Court Judges (Conditions of Service) Act, 1954. By memorandum dated 23rd December, 1985 (Annexure P/1 to the petition) the petitioner's pension was fixed at Rs. 11,200/- per annum and a lump sum payment of Rs. 16,333-35 paise was sanctioned to him as death-cum-retirement gratuity. The rate at which the Family Pension would be payable in th...
Janpad Panchayat Masturi Vs. Appellate Authority and Dy. Labour Commr. ...
Court: Madhya Pradesh
Decided on: Oct-07-1993
Reported in: [1994(68)FLR281]; (1998)IIILLJ163MP
D.M. Dharmadhikari, J. 1. The Controlling Authority under the Payment of Gratuity Act, 1972 (in short 'the Act'), passed an order on August 13, 1992, directing payment of gratuity amount in the sum of Rs. 52,856/-with ten per cent interest, to respondent No. 3, who retired as an employee of the petitioner Janpad Panchayat Masturi in tahsi! and district Bilaspur. 2. The petitioner preferred an appeal against the order of the Controlling Authority. By the impugned order passed on December 31, 1992, the Appellate Authority dismissed the appeal summarily; on the ground that the petitioner as appellant failed to deposit the amount of gratuity or produce a certificate of the Controlling Authority of its deposit as required by a condition precedent under Second proviso to Sub-section (7) of Section 7 of the Act. 3. The learned counsel for the petitioner assails the order of the Appellate Authority, firstly on the ground that the Appellate Authority should not have dismissed the appeal summari...
Balkishan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-06-1993
Reported in: 1994(0)MPLJ381
ORDERS.K. Chawla, J.Counsel name removed from here1. Accused Balkishan was convicted of the offences under Sections 454 and 380, Indian Penal Code and sentenced to R. I. for 6 months under each count, both the sentences running concurrently, by judgment dated `22-1-1982 of Judicial Magistrate First Class, Ganj Basoda. On appeal being carried by him, the aforesaid convictions and sentences were affirmed by judgment dated 29-7-1989 by A.S.J., Ganj Basoda. Now the accused has come in revision to this Court.2. According to the prosecution case, on 10-7-1978 during day time house breaking was committed in the house of one Premsingh (PW 4) when none was present in the house. Some silver ornaments kept in a box in the house were stolen in that incident. On 13-7-1978, applicant Balkishan got two pairs of silver Banke and one pair of silver Tankar recovered on his information and at his instance from a room of his house in which he had stored straw. On 17-7-1978 he got one silver Kardhani recov...
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