Madhya Pradesh Court February 1993 Judgments
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Narayan Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-12-1993
Reported in: 1994CriLJ1142
ORDERS.K. Chawla, J.1. By this revision the accused challenges his conviction and sentence under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, recorded by the trial Court and affirmed by the appellate Court.2. The prosecution case was that on 28-10-1985, at about 8.30 a.m., applicant Narayan Singh was seen carrying milk in two canisters slung to his cycle in Civil Lines, Datia. Food Inspector Ram Hazur Shrivastava (P.W. 1) stopped him and purchased a sample of milk from him measuring 660 Ml. The applicant gave out that the milk was cow milk. The sample milk was put into 3 glass phials after adding prescribed quantity of formalin in each. Phials were duly packed and sealed. One of the phials was sent by the Food Inspector to Public Analyst, Bhopal for analysis. The Public Analyst, vide his report Ex. P-10, reported that the sample milk contained fat 4.0% and solids non-fat (SNF) 5.81%. This was below the standard prescribed for cow-milk and...
Karulal Vs. Kantibai
Court: Madhya Pradesh
Decided on: Feb-11-1993
Reported in: II(1993)DMC345
A.R. Tiwari, J.1. This is an applications filed under Section 482 Cr. P.C.2. Facts stated in brief are that the non-applicant had filed an application registered as MJC No. 21/83 under Section 125 Cr. P.C. in the Court of Judicial Magistrate, First Class, Ratlam on 24-1-1983. By order dated 3.6.1985, the Court had accepted this application and granted allowance of maintenance at the rate of 200/- per month payable from the date of application. The revision preferred against this order dated 3.6.85 was dismissed and as such this order had attained finality. Thereafter, the non-applicant initiated the proceeding for the enforcement of the aforesaid order. On non-payment, the applicant was also sent to Civil Jail for some time. At present he is out of jail.3. In AIR 1989 S.C. 232 Smt. Kuldip Kaur v. Surinder Singh and Anr., it has been held that sentencing a person to jail on his default in payment as ordered in such proceedings is only a mode of enforcement and not a mode of satisfaction...
Allen Pharmaceutical Pvt. Ltd. and ors. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-09-1993
Reported in: [1993]201ITR491(MP)
A.R. Tiwari, J. 1. This petition has been filed under Section 482 of the Criminal Procedure Code, 1973, against the order dated September 18, 1991, passed in Criminal Revision No. 91 of 1991, by the Fifth Additional Sessions Judge, Indore, thereby maintaining the order dated March 6, 1991, rendered in Cr. Case No. 55 of 1988, by the Additional Chief Judicial Magistrate (Economic Offences), Indore, on the question of framing of charges under Section 194A read with Sections 276B and 278B of the Income-tax Act.2. I have heard Shri S. C. Bagadia, learned counsel for the applicant, and Shri P. K. Saxena, learned counsel for the respondent.3. It is not necessary to reiterate the facts of the case here.4. Shri Bagadia has prayed for discharge and quashment of criminal proceedings contending that no case is made out and that the complaint itself did not disclose the essential ingredients of the offence with which the applicants were charged. He has also drawn my attention to the Explanation to...
State of Madhya Pradesh Vs. Devendra Kumar Bhagwat Sharan Sharma
Court: Madhya Pradesh
Decided on: Feb-09-1993
Reported in: 1993(0)MPLJ498
S.K. Chawla, J.1. The State has filed this appeal challenging the acquittal of the respondent of the offences under Sections 448 and 506, Indian Penal Code.2. On 18-1-1983 at about 1 p.m. a student of Science College, Shivpuri, named Devendra Kumar Sharma (respondent herein) barged into laboratory class room of his College. The zoology students of B.Sc. Part II were taking practicals in that room under the guidance of Professor S.C. Mower (P.W.1). Assistant Professor N.K. Sethi (P.W.2) and Lecturer R.D. Shrivastava (P.W.3) were also present with Shri Mowar in the laboratory class room. The respondent proceeded and stood amidst the girl students doing the practicals. Professor Mowar felt annoyed and asked the respondent how he had entered the laboratory room without seeking his permission. The respondent told menacingly that Professor was nobody to ask him, that he had been coming in that fashion and if he was prevented, he would 'see' the Professor and if the Professor further said any...
Gangaram and anr. Vs. V.P. Tiwari and ors.
Court: Madhya Pradesh
Decided on: Feb-09-1993
Reported in: 2(1993)ACC22
P.P. Naolekar, J.1. This is an appeal against award passed by the Motor Accident Claims Tribunal whereby appellants/Claimant's Claim petition was dismissed. Claimant No. 1 Gangaram is the husband of deceased Tirasia Bai and Claimant No. 2 Ku. Sona Bai is the daughter of the deceased. As per Claimants Smt. Tirasia Bai (deceased) was going back to her house at about 9.30 a.m. on 10.12.1984, and when she was passing near the house of respondent No. 1 V.P. Tiwari, respondent No. 1 who was driving the scooter dashed her on account of which she received severe injuries on her chest, head and other parts of the body. Smt. Tirasia later on the d on 21 December, 1984 in the hospital. It is further alleged that respondent No. 2Vinod Singh was the pillion rider at the time of the accident. After the accident respondent No. 1 himself took her to hospital and after giving treatment she was discharged. She was left at her house by the respondent No. 1. Later on a report was lodged in the police stat...
Mahipal Singh Vs. M.P. Grih Nirman Mandal and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1993
Reported in: (1993)IILLJ1139MP; 1993(0)MPLJ524
ORDERP.P. NAOLEKAR, J.1. The petitioner was initially appointed as a Sub-Overseer on July 11, 1957 in the Madhya Pradesh Public Works Department (B. and R.), Bhopal Division, Bhopal. His appointment was later on regularised as Overseer with effect from July 18, 1957. The petitioner was confirmed on the post of Overseer in the Public Works Department with effect from January 1, 1971 by order of the Chief Engineer. By order No. 1630 dated November 2, 1968 the services of the petitioner were entrusted to the Housing Department of the State of Madhya Pradesh as an Assistant Engineer for a period of six months. Vide order No. 1536 dated November 14 1969 of the Department of Housing, his period of temporary posting as an Assistant Engineer in the M.P. Housing Department was extended until further orders. Subsequently, concurrence to his promotion as an Assistant Engineer was also accorded on November 20, 1973, vide Annexure-P/8, issued by the Under Secretary to Government Housing Department,...
Arun Kumar Vs. Food Corporation of India and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1993
Reported in: 1994ACJ686
R.D. Shukla, J.1. This appeal is directed against the judgment and award dated 31.3.1983 of the Motor Accidents Claims Tribunal, Ujjain, passed in Claim Case No. 10 of 1980 whereby the claimant-appellant's petition for award of compensation has been dismissed.2. The brief history of the case is that the claimant-appellant filed a petition before the Tribunal on 8.4.1980 with the assertions that on 13.10.1979 at about 11 a.m. he was going on a bicycle and moving as such on Ujjain Kothi Road near Ramkrishan Colony and was proceeding from Ujjain city to Rishi Nagar. Meanwhile, an Ambassador car No. MPM 2375 owned by respondent No. 1 and driven by respondent No. 2 came from behind and gave a dash to his bicycle. The claimant fell down and became unconscious, sustained injuries on the chin, hand and leg, his right leg was fractured at three places. He had to remain in the hospital for about 40 days and further under plaster for about four months.3. The claimant has sustained permanent parti...
Arun Kumar Vs. Food Corpn. of India and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1993
Reported in: 2(1993)ACC283
R.D. Shukla, J.1. This appeal is directed against the judgment and Award dated 31.3.1983 of the Motor Accidents Claims Tribunal, Ujjain passed in Claim Case No. 10/80 whereby the Claimant-appellant's petition for award of compensation has been dismissed.2. The brief history of the case is that the Claimant-appellant filed a petition before the Tribunal on 8.4.1980 with the assertions that on 13.10.1979 at about 11 a.m. he was going on a bicycle and moving as such on Ujjain Kothi Road near Ramkrishan Colony and was proceeding from Ujjain city to Rishinagar.Meanwhile an Ambassador Car M.P.M. 2375 owned by respondent No. 1 and driven by respondent No. 2 came from behind and gave a dash to his bicycle. The Claimant fell down and became unconscious, sustained injuries at the chin, hand and leg, his right leg was fractured at three places. He had to remain in the hospital for about 40 days and further under plaster for about four months.3. The Claimant has sustained permanent partial disabil...
Mahavir Surgical Industries Vs. Surendra
Court: Madhya Pradesh
Decided on: Feb-05-1993
Reported in: II(1993)ACC94; (1994)IILLJ352MP
R.D. Shukla, J.1. This appeal is directed against the judgment and order dated February 12, 1981 of Commissioner for Workmen Compensation, Ratlam, whereby the respondent has been awarded a compensation of Rs. 11314.22 Ps(Rs. 131472?). for the loss of right index finger. 2. The brief history of the case is that the respondent-workman filed an application before the Commissioner with the allegation that he was workman in the Industry of NA/appellant. He was taking out some cotton from the Machine and sustained injuries on the right thumb and right index finger and was treated in the hospital. He has lost his right index finger. He was earning Rs. 5/- per day. The NA (appellant here) has denied the contention of the workman and submitted that he was never in his employment He entered the machine room alongwith one Bihari without the permission of the Management and sustained injuries due to his own negligence. After hearing the parlies and taking the evidence the Commissioner has found th...
Ramcharan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-05-1993
Reported in: 1993CriLJ1825
S.K. Chawla, J.1. Accused Ram Charan has preferred this appeal against his conviction under Section 376. I.P.C. and sentence of rigorous imprisonment for 7 years inflicted thereunder.2. The prosecution story rested on the evidence of the prosecutrix Mst. Kalia (P.W. 2) and the evidence of Kanghi (P.W. 3), a person who chanced to be in a neighbouring house. Mst. Kalia is a married Woman aged about 25 years. The accused Ram Charan is a Chowkidar of the village and lives in the locality of the prosecutrix. Both belong to the same caste, namely, chamar. The evidence of Mst. Kalia is that in broad day light at about 4 p.m. the accused came to her house located in the midst of other houses. She was sitting outside the door of her house. The accused dragged her inside the room of her house and there threw her down. The accused then had forcible carnal knowledge of her. She was not a consenting party. She had put up resistance. Her bangles got broken and buttons of her blouse got uprooted. She...
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