Madhya Pradesh Court January 1994 Judgments
R.N. Tiwari Vs. State Bar Council of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1994
Reported in: AIR1994MP137; 1994(0)MPLJ548
U.L. Bhat, C.J.1. The petitioner is an advocate based at Durg. He is a member of Durg District Bar Association. Election of officer bearers of Association for the year 1993-94 was notified. He filed nomination for the post of President. Nominations were to be scrutinised on 30-8-1993. On the same day, the first respondent, State Bar Counsel of Madhya Pradesh sent Annexure-P4 communication to the third respondent Chief Election Officer informing him that the Bar Council had stayed the election. The petitioner challenges the purported order of stay passed by the State Bar Council. The writ petition was filed on 16-9-1993. The respondents 1 to 3 appear through different counsel. Certain members of the Bar have sought to intervene. We have permitted them to intervene. We have heard learned counsel appearing for the parties. We may at once mention that Shri Tamaskar, who appeared for the first respondent, almost at the end of arguments prayed for time. We have declined his request for two r...
Tag this Judgment!Ravishankar and anr. Vs. Viith Additional District Judge and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1994
Reported in: 1994(0)MPLJ783
ORDER1. On the question of scope, applicability and ambit of Order 39, Rule 4, Civil Procedure Code, two learned Judges of this Court (B. C. Varma, J. and K. M. Agarwal, J.) having differed in their opinions, the matter has been placed before me for resolving the difference.2. The plaintiff-petitioners have filed the present suit before the Court of Civil Judge Class I, Bhopal based on their title and seeking permanent injunction against the defendant-respondents Nos. 3 and 4 for protecting their possession over the property and restraining the defendant-respondents from raising any construction thereon. According to the plaintiffs, the suit property was purchased by them under registered deed of sale dated 12-11-1948 from one Sikandar Mohammad Khan. Sikandar Mohammad Khan had acquired title under an Inayatnama (gift deed) dated 17-3-1947 executed by late Nawab Hanidullah Khan, the then ruler of Bhopal State.3. The plaintiffs had also sought for an ad interim injunction protecting thei...
Tag this Judgment!Hargovind Vs. Balmukund and ors.
Court: Madhya Pradesh
Decided on: Jan-27-1994
Reported in: AIR1994MP191
S.K. Dubey, J.1. This is an appeal under Clause 10 of the Letters Patent aginst the judgment and decree dated 8-10-1986, passed by a learned Judge of this Court in First Appeal No. 52 of 1978, reversing the judgment and decree dated 20-5-1978, of dismissal of the suit for redemption of mortgage, passed in Civil Suit No. 4-OA/76, by the District Judge, Morena.2. The factual matrix, in brief, are these.A deed as respects mortgage (Ex. P/3) dated21-2-1947 of suit properties was executed bythe plaintiff/ respondents in favour ofdefendant/appellant and his father for aconsideration of mortgate-money ofRs. 15,000/-. It was agreed that instead ofinterest, the rent of Rs.75/- per month of thesuit-shop equal to interest, shall be paid by the'mortgagors. Relevant clause has been quotedin para 4 of the impugned judgment which wereproduce:'Hence our shop No. 151 shown in the enclosed map is mortgaged with possession for an amount of Rs. 15,000/-, behalf of which is 7500/- in favour of Gajadhar s/o...
Tag this Judgment!Bandna Vs. Ramnaresh Shivhare
Court: Madhya Pradesh
Decided on: Jan-27-1994
Reported in: II(1994)DMC161
K.M. Agarwal, J.1. The applicant is a legally married wife of the non-applicant. The non-applicant has filed an application for divorce in the Court below against the applicant. The applicant made an application Under Section 24 of the Hindu Marriage Act, 1955, claiming interim alimony of Rs. 500/-per month and Court expenses of Rs. 500/-. The application was resisted by the non-applicant but partly allowed by the Court below by granting interim alimony of Rs. 75/- per month and litigation expenses to the tune of Rs. 200/-. Being aggrieved, the wife has preferred this revision for enhancement in the amount of interim alimony as also in the amount of litigation expenses.2. Having heard the learned Counsel for the applicant and after having gone through the record, I am of the view that the amounts fixed by the Court below for interim alimony and litigation expenses deserve to be enhanced.3. The impugned order would show that the non-applicant is in service in a private auto company and ...
Tag this Judgment!Pandu and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-27-1994
Reported in: 1995CriLJ226
A.R. Tiwari, J. 1. This criminal appeal, presented under Section 374, of the Cr. P.C. is directed against the judgment dated 26-2-93 rendered by the 1st Addl. Sessions Judge, Khargone in S.T. No. 18/92 thereby convicting the appellant Deba under Section 323, and the appellant Pandu under Section 323/34 of the IPC and sentencing each of them to suffer R. I. of three months.2. Briefly stated the facts of the case are that on 29-6-91, Chhigya and his brother Dhulia had gone to look after certain articles of Kedar in the field of Chigya situated in the village Hamirpura. One Remalsingh was already present there. Pandu came there. Deba followed him. The appellant Pandu caught hold of Remalsingh and Deba indicted injuries on him. The matter was reported to the Police. On completion of the investigation the charge-sheet was filed under Section 307 IPC. In the course of time, the case was committed for trial. The appellant Deba was charged under Section 307, IPC whereas the appellant Pandu was...
Tag this Judgment!Sunil Brijmohan Bawa Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-25-1994
Reported in: 1994(0)MPLJ725
ORDERGulab C. Gupta, J.1. The petitioner, holding the rank of a Major in Corps of Signals since 1983, has been denied promotion to the rank of Lt. Col. as a result of which several juniors to him have superseded him. Feeling aggrieved by the aforesaid supersession, he has approached this Court invoking its extraordinary writ jurisdiction under Article 226 of the Constitution challenging the legality and validity of the said supersession.2. The petitioner was commissioned in December, 1970 and given the rank of 2nd Lt. in the Corps of Signals in the Indian Army. He was promoted as Lieutenant in 1972, Captain in 1973 and Major in 1983. All the aforesaid promotions were given to him in his turn and in normal course. According to the petitioner, he has performed his duties to the best of his ability and capability to the entire satisfaction of his seniors and, therefore, there is no justification for his supersession. He further submits that he has also done extraordinary work as a trainer...
Tag this Judgment!Tara Re-rolling Mill Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jan-25-1994
Reported in: 1995(0)MPLJ343
ORDERU.L. Bhat, C.J.1. The petitioner challenges sub-rule (4) of Rule 14C of the M. P. General Sales Tax Rules, 1959 (hereinafter referred to as the Rules for short) framed under the M. P. General Sales Tax Act, 1956 (hereinafter referred to as the Act for short) as ultra vires and beyond the rule making power of the State Government and to quash Annexure P-9, the notice, dated 22-12-1993 requiring the petitioner to show cause why the recognition certificate granted to it should not be cancelled.2. Return has been filed on behalf of the second respondent.3. The petitioner is a registered firm running a re-rolling mill as a small scale industry unit in village Tedesara, District Rajnandgaon. It is stated that subsequently, processing of iron and steel scrap was also started in the mill. The unit is registered as a small scale industry unit as per registration certificate dated 5-2-1988 registered under the Act and the Central Sales Tax Act, 1958, for manufacturing round angle, M.S. roun...
Tag this Judgment!Smt. Sitaben and Others Vs. Union of India and Another.
Court: Madhya Pradesh
Decided on: Jan-25-1994
Reported in: (1994)120CTR(MP)444; [1994]208ITR285(MP)
INDORE BENCHR. D. SHUKLA J. - This petition under section 482, Criminal Procedure Code, has been directed against framing of charges under sections 276B and 278B of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), against all the petitioners with a further prayer for quashing the proceedings.It is not in dispute that accused No. 1 is a firm and accused Nos. 2 to 8 are its partners. They are carrying on the business of purchases and sale of black steel tubes, PVC pipes, G. I. steel tubes and allied products. The firm submitted a return of income for the year 1984-85, on July 28, 1984, declaring an income of Rs. 98,240 and further furnished particulars of interest and credit. Rupees 12,617 were credited to Messrs. Precision Tubes and Rs. 7,845 were credited to Messrs. Jotindra Steel and Tubes Ltd., but the petitioners failed to deduct tax out of these amounts. This was brought to their notice. The contention of the petitioners was that deduction was not by way of interest...
Tag this Judgment!Ramsher and ors. Vs. Birajo Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-25-1994
Reported in: II(1994)ACC296
D.M. Dharmadhikari, J.1. In a motor accident claim case, by the impugned order dated 8th April, 1992, the Court has awarded the compensation to the claimants under no fault liability in the sum of Rs. 25,000/- for death. The learned Judge of the Claims Tribunal has apportioned that amount for payment to several dependents in the following manner:Rs. 12,500/- to Birajo Bai W/o the deceased.Rs. 7,500/- to Ku. Kachra Raot, minor daughter of the deceased.Rs. 2,500/- to each of the parents of the deceased.2. The learned Counsel appearing on behalf of the parents argues by filing this appeal that in apportioning the amount of interim compensation, the learned Judge of the Claims Tribunal ought to have considered, that the legitimacy of relationship with Birajo Bai and the parentage of the minor daughter are all disputed matters for decision in the main case. It is also submitted that the apportionment made by the learned Judge is unjust as it overlooks to the needs of the parents.3. Although...
Tag this Judgment!Ramkripal Alias Bhallu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-24-1994
Reported in: 1995CriLJ1275
P.N.S. Chouhan, J.1. Appellant's family had old and deep-rooted enmity with the family of Ganga Prasad (deceased). On 9-3-1985 Ganga Prasad had thrown car-cass of his Ox in his field which started emitting such obnoxious odour that labourers working at the construction site of the appellant stopped work. Though Ganga Prasad promised to remove the car-cass on being asked by Ramkripal he had not done so till 11-3-1985. On that date at 7-00 a.m. weilding a licensed single barrel 12 bore gun he went to the house of Ganga Prasad to remind him in this behalf. These facts are not disputed.2. As per prosecution, the appellant demanded as to why the car-cass was not removed and on Ganga Prasad saying that he will get it removed no sooner the sun was bit warmer, the appellant hurled filthy abuses at him and shot him dead on the spot. His mother Gujratiya came there and protested only to be shot dead by the appellant. The defence version is that Ganga Prasad and his sons tried to snatch away the ...
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