Madhya Pradesh Court January 1994 Judgments
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Jiwanlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-19-1994
Reported in: 1994CriLJ1879
P.N.S. Chouhan, J.1. Food Corporation of India was constructing a godown on a Nazul plot situate in village Namna Kala in the out - skirts of Ambikapur, District Surguja. The contractor was from Raipur. Deceased Leelaram was looking after the construction on his behalf. The villagers of Namna Kala had raised objection as to this proposed construction. It appears that the appellant, who is also resident of the same village, was one amongst such protestors. On 14-5-1984, at about 10.00 a.m., the appellant stopped Puranram (P. W. 2) and Shambhoo (P. W. 3) who were employed by Leelaram to dig pits for the said construction. When these labourers stopped work, Leelaram consoled them and saying that he was going to report the matter in the police station, started on his last drive on his motor-cycle. The story is that at a short distance the appellant seated himself on the pillion of the said motor cycle and when the motor cycle reached near the I.T.I. building, Leelaram was shot with afire-a...
Motilal JaIn and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-17-1994
Reported in: 1994(0)MPLJ353
ORDERP.P. Naolekar, J.1. In this petition under Article 226, the petitioners have challenged constitutional validity of Sections 8(c) and 62(d1) of the M.P. Excise Act, 1915 and M.P. Mahua Rules, 1959.2. The petitioner No. 1 is a dealer in Mahua flower holding a licence under the M. P. Mahua Rules, 1959 and the petitioner No. 2 is the agent of petitioner No. 1. 120 tonnes of Mahua flower was transported by the petitioners on 25th May. 1984 from Sailwada, District Damoh, to Runeeja, District Ujjain. According to the petitioners, the Mahua flowers were transported under a valid permit issued by the District Excise Officer, Damoh dated 18-5-1984 which was valid upto 27-5-1984. The truck in which the Mahua flowers were transported was checked and seized by the Hying Squad of Excise Department, Sagar. At the relevant time of checking, the petitioners could not show the permit for transportation of the Mahua flowers, which was presented to the concerned officer on the next day. Later on, the...
Chainsingh Vs. Gendalal and anr.
Court: Madhya Pradesh
Decided on: Jan-14-1994
Reported in: 1994ACJ779
V.S. Kokje, J.1. This is an appeal by the claimant in a motor accident claim case for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal. The Tribunal has held that on 15.8.1983 the respondent No. 1, Gendalal, driving the car No. GAR 8425, hit the appellant and caused injuries to him. The appellant suffered a fracture in the leg and suffered a permanent disability. A sum of Rs. 8,000/- has been awarded to the appellant with interest at the rate of 9 per cent per annum from the date of the application till payment.2. Mr. Sujan Jain, the learned counsel for the appellant, submitted that the amount of compensation is meagre and deserves to be enhanced. Reliance was placed on the decision of the Gwalior Bench of this court in Narendra Pal Singh Rana v. Padamchand Jain 1993 ACJ 541 (MP). On the point of enhancement of rate of interest it was pointed out relying on the decision of the Division Bench of this court in Madhya Pradesh State Road Trans. Corporation v. ...
Lalmani Singh Vs. Awadhesh Pratap Singh Vishwa Vidyalaya and ors.
Court: Madhya Pradesh
Decided on: Jan-12-1994
Reported in: 1995(0)MPLJ471
ORDERR.C. Lahoti, J.1. The petitioner who is an Advocate and also a citizen-resident of Sidhi, a place situated within the educational territorial jurisdiction of the Awadhesh Pratap Singh Vishwa Vidyalaya, Rewa (hereinafter, the University, for short) and also a member of the Court of the University, has filed this petition in dual capacity, as a public spirited citizen and as a member of the Court of the University, vitally interested in the legal and lawful discharge of functions and duties cast on the Academic Council of the University. The petitioner challenges the advertisement dated 1-7-1992 issued by the University inviting applications for appointments to the posts of Professors, Readers and Lecturers in different subjects and the constitution of the several Selection Committees constituted for making selections.2. On 1-7-1992, the respondent University issued an advertisement inviting applications from eligible candidates for appointment to the posts of four Professors (one e...
Sheikh Said Vs. Kiran Devi and ors.
Court: Madhya Pradesh
Decided on: Jan-12-1994
Reported in: II(1994)ACC293
D.M. Dharmadhikari, J.1. In a claim case under the Motor Vehicles Act, an ex-parte awards was passed against the present applicant who is both owner and driver of the truck involved in the accident. The Insurance Company - respondent No. 6 was exonerated of any liability. The present applicant made an application to the Claims Tribunal for setting aside the ex-parte award on the ground that the Insurance Company was exonerated on the basis of the amended plea against which the applicant was never heard.2. The Claims Tribunal, by order dated 28.1.1993 stayed execution of the award on the application of the applicant but only on the condition of his furnishing within a period of one week from the date of the order, security in the sum of Rs. 3 lakhs for satisfying the award, if ultimately maintained.3. The Appellant did furnish security for the aforesaid sum; but he was late only by one day. He, therefore, requested the Tribunal to condone the delay of one day and accept the security fur...
Mohd. HussaIn Vs. Bachhusingh and ors.
Court: Madhya Pradesh
Decided on: Jan-11-1994
Reported in: AIR1994MP199
ORDER1. This order shall also govern the disposal of Misc. Petition No. 2163 of 1993 (Pawan Kumar Jaiswal v. Bachusingh Jurel), Misc. Petition No. 2164 of 1993 (Ratanlal Jain v. Bachusingh Jurel) and Misc. petition No. 2165 of 1993 (Fakir Mohammad v. Bachusingh Jurel) as identical questions are raised in all the petitions.2. By this petition under Article 226/227 of the Constitution of India, the defendant/petitioner seeks quashment of Annexure-'33' which is an order of Civil Judge, Class-Ist, Manawar dt. 4-2-1986 and Annexure-'6' which is the revision order dt. 22-2-1993 passed by the Additional District Judge, Dhar, Camp at Manawar confirming Annexure-'3'.3. Briefly stated the facts necessary for deciding the petition may be stated thus. Municipal Committee, Manawar was admitted to supersede under Section 328 of the M. P. Municipalities Act, 1961 (for short 'the Act') and an Administrator (prashasak) was appointed. Subsequent to this, the present suit was filed by the Nagar Palika th...
Hakim Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-11-1994
Reported in: 1994(0)MPLJ306
S.K. Chawla, J.1. This judgment shall also govern the disposal of Criminal Appeal No. 235/79.2. On 12-6-1978, at about 10.00 A.M., accused/appellant Hakim Singh, aged about 37 years, a retired official from the Indian Air Force, at his house in village Kachongara, district Bhind (M. P.), shot a gun at his own father Patiram Singh alias Sadhu, causing gun-shot injury to his right thigh. Patiram Singh had become a recluse and therefore was also called by the name Sadhu. He died on way to Bhind hospital. The accused was tried under Section 302 Indian Penal Code on the charge of committing murder of his father. The learned Sessions Judge acquitted him of that offence but convicted him of the offence under Section 304 (Part I) Indian Penal Code and sentenced him to R.I. for 5 years and fine Rs. 2500/-, and in default of payment of fine, to further R.I. for 5 months. It was also directed that out of the fine, if recovered, Rs. 1500/- shall be paid to Smt. Janki Devi (PW 2), widow of the dece...
Laxmichand and ors. Vs. Gram Panchayat Kararia Chauraha, Lashkarpur an ...
Court: Madhya Pradesh
Decided on: Jan-10-1994
Reported in: AIR1995MP166; 1994(0)MPLJ303
S.K. Dubey, J. 1. This is a letters patent appeal under Clause 10 of the Letters Patent Appeal Rules, against the judgment and decree passed on 23-11-1993 in First Appeal No. 72 of 1991 by a learned Judge of this Court confirming the judgment and decree passed by the trial Court dismissing the suit of the plaintiffs-appellants for declaration that the suit land of the appellants cannot be acquired and the acquisition proceedings once dropped by the Land Acquisition Officer, for short, the LAO, vide order dt. 30-7-1973, could not be reopened at the instance of the Gram Panchayat for whom the land was acquired. 2. The notification for acquisition of the land under Section 4 of the Land Acquisition Act, 1894 (for short, the 'Act'), was issuedon 16-4-1969. During the enquiry under Section 11 of the Act, the Gram Panchayat stated before the LAO that the Gram Panchayat has no-funds, therefore, the proceedings be dropped. On that, the LAO dropped the proceedings and ordered that the matter be...
Controller of Estate Duty Vs. Tarabai
Court: Madhya Pradesh
Decided on: Jan-10-1994
Reported in: [1994]210ITR394(MP)
U.L. Bhat, C.J.1. The following question has been referred by the Income-tax Appellate Tribunal under Section 64(1) of the Estate Duty Act, 1953 :'Whether the findings of the Tribunal that the value of the property known as 'Lal Godam' will not be includible in the dutiable estate is in keeping with the provisions of Section 10, read with Section 27 of the Estate Duty Act ?'2. The late Kundanlal Singhai owned the property known as 'Lal Godam'. He executed a trust deed dated January 31, 1959, creating a trust in respect of 'Lal Godam' with certain cash amount. The document was registered on the same day. He got the trust registered as a public charitable trust also. On February 7, 1959, he executed a registered gift deed in regard to 'Lal Godam' property in favour of his daughter who resided therein, and contended that the trust deed had not taken effect and his signatures were obtained thereon by fraud practised upon him by the husband of his other daughter. The Assistant Controller of...
Ramji and anr. Vs. Lalit Kumar Bardiya and ors.
Court: Madhya Pradesh
Decided on: Jan-10-1994
Reported in: II(1994)ACC267; 1995ACJ877; (1995)ILLJ910MP
D.M. Dharmadhikari, J.1. The deceased workman Shatrughna was employed as a driver on tractor No. CPS 9253, owned by respondent No. 1 (the employer) and insured against accident by the insurance Company (respondent No. 2). In the course of his employment, the tractor turned in the field and the workman Shatrughna died on July 4, 1981 having been crushed under the tractor. It is not in dispute that he was employed on fixed wages of Rs. 140/- per month.2. The appellants, who are parents of the deceased, approached the Commissioner of Workmen's Compensation under Workmen's Compensation Act, 1923 (in short 'the Act'), claiming compensation for the death of the workman. The Commissioner of Workmen's Compensation, by the impugned order dated January 31, 1983 rejected the claim filed by the parents, holding that since the deceased workman was never paid any salary by the employer during the whole period of his employment and he having received support from his parents, the parents cannot claim...
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