Madhya Pradesh Court October 1994 Judgments
Prahlad Das and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1994
Reported in: AIR1995MP188
ORDERT.S. Doabia, J. 1. 'We must, as a united people keep ablaze in this continent the flames of human liberty, reason, democracy and fair play as living things to be preserved for the better world that is to come'. This was what President Roosevelt of America said in his new year message in 1940. Indeed fair play and reason are the twin ideals which must be preserved for a better future of this Great Nation which is surging forward to enter 21st Century on the basis of an electoral system which is the largest and has no parallel on this planet.2. The concept of democracy as visualised by the Constitution presupposes the representation of people in Governmental functions through the medium of elected representatives. The constitutional machinery which was visualised by the founding fathers restricted this machinery to the Parliament and State Legislatures. By Constitution seventy-third and seventy-fourth Amendment Acts of 1992 similar superstructure has been provided to conduct electio...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Hukumsingh and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1994
Reported in: 1995(0)MPLJ601
ORDERT.S. Doabia, J.1. 'What the legislature has given, the Court cannot deprive of by way of an exercise in interpretation when the view which renders the provision potent is equally plausible as the one which renders the provision impotent.' This is what was said by the Supreme Court in the case of Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan and Ors., 1987 MPLJ (SC) 347 = 1987 (1) TAC 471.2. The present case is still on a better footing. The parties compromised in a Lok Adalat. The spirit behind quick settlement is sought to be nullified by the present litigation initiated by the United India Insurance Company Limited. The brief facts out of which this litigation arises may be noticed as under:3. There was an accident involving a truck No. DIG 4129. This accident took place on 31st May, 1993. This matter was settled without any condition in the Lok Adalat held on 9th January, 1994. The Insurance Company agreed to pay Rs. 37,000/- to the claimants. It is this settlement arriv...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Hukum Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1994
Reported in: 1995ACJ1190
T.S. Doabia, J.1. 'What the legislature has given, the court cannot deprive of by way of an exercise in interpretation when the view which renders the provision potent is equally plausible as the one which renders the provision impotent.' This is what was said by the Supreme Court in the case of Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan 1987 ACJ 411 (SC).2. The present case is still on a better footing. The parties compromised in a lok adalat. The spirit behind quick settlement is sought to be nullified by the present litigation initiated by the United India Insurance Co. Ltd. The brief facts out of which this litigation arises may be noticed as under.3. There was an accident involving a truck No. DIG 4129. This accident took place on 31.5.1993. This matter was settled without any condition in the lok adalat held on 9.1.1994. The insurance company agreed to pay Rs. 37,000/- to the claimants. It is this settlement arrived at in the lok adalat which was challenged before the V...
Tag this Judgment!Union of India (Uoi) Vs. Ashok Kumar Sharma and anr.
Court: Madhya Pradesh
Decided on: Oct-31-1994
Reported in: I(1995)ACC719
T.S. Doabia, J.1. The Union of India through General Manager, Central Railway, Bombay has challenged an award given by the Claims Commissioner, Railways. The brief facts for the purposes of this petition may be noticed.2. 15 Dr. Grand Truck Express met with an accident on 6th of January, 1985. The < accident took place between Hetampur and Gher Railway Station of Central Railway. It collided with a goods train, Respondent No. 1 Ashok Kumar Sharma filed a petition under Section 82-A of the Indian Railways Act claiming compensation, According to him, he was travelling as a passenger in second class compartment. He boarded the train at Betul railway station. His destiny was Agra. He has given the number of the seat and the coach he wan to travel in. The necessary accommodation in the Railway Coach was got reserved earlier.3. The Claims Commissioner, came to the conclusion that the respondent No. 1 was entitled to claim damages to the tune of Rs. 4,650/-. In addition to that, the fact that...
Tag this Judgment!indira Saxena Vs. Municipal Council and ors.
Court: Madhya Pradesh
Decided on: Oct-26-1994
Reported in: 1995(0)MPLJ1045
ORDERS.K. Dubey, J.1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner, who was employed as an Upper Division Teacher in Nagar Palika Kanya Uchchtar Madhyamik Shala, Bina, Dist. Sagar, seeks a Writ of mandamus or any other suitable writ, direction or order for quashment of the notice dt. 8-9-1993 (Annexure P-l) of compulsory retirement whereby the petitioner has been noticed that after expiry of three months, the petitioner shall stand compulsorily retired.2. In case of Municipal employees the age of superannuation is 60 years. The petitioner is 52 years of age and has rendered 25 years service with unblemished service record. It is not the case of Municipal Council that because of the advanced age of the petitioner, her efficiency and capacity to work is lowered down, or on overall assessment the services of the petitioner are not satisfactory. However, the Municipal Council passed a resolution (Annexure R-3) dt. 27-8-1993 wherein after consider...
Tag this Judgment!Sukhram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-21-1994
Reported in: 1995CriLJ595
J.G. Chitra, J.1. For taking exception to the order of conviction and sentence passed against him by learned Sessions Judge, Shajapur in the matter of Sessions Trial No. 180/89, the appellant has approached this Court by preferring this appeal. Learned Sessions Judge, Shajapur had convicted the appellant for an offence punishable under Section 302, IPC and sentenced him to undergo imprisonment of life.2. The facts giving rise to the prosecution can be stated as hereunder in brief:The appellant was residing in village Pardakhedi along with his wife in the house of his father-in-law Bherulal 3 4 years prior to the date of incident. As per prosecution case in the night of the incident, he was sleeping in the house of Bherulal along with his wife and children. It is the prosecution case that appellant was having suspicion about the character of his wife Lilabai and on account of that, the quarrel took place between them in the night of the incident, at 3.00 p.m. As per prosecution case the...
Tag this Judgment!Mukesh Kumar Mangilal JaIn Vs. Managing Director, M.P. Rajya Sahakari ...
Court: Madhya Pradesh
Decided on: Oct-20-1994
Reported in: 1995(0)MPLJ649
ORDERA.R. Tiwari, J.1. This order shall also govern the disposal of the connected 24 other petitions particularised as-(1) M.P. No. 150/93 (Shashikant v. Apex Bank) (2) M.P. No. 193/93 (Omprakash v. M.D., MP Rajya Sahakari) (3) M.P. No. 194/93 (Subhash v. M.D., M.P. Rajya Sahakari) (4) M.P. No. 195/93 (Dayashankar v. M.D., M.P. Rajya Sahakari) (5) M.P. No. 196/93 (Sudamaprasad v. M.D., M.P. Rajya Sahakari) (6) M.P. No. 197/93 (Premchand v. M.D., M.P. Rajya Sahakari) (7) M.P. No. 270/93 (Surendra v. M.D., M.P. Rajya Sahakari) (8) M.P. No. 271/93 (Deepak v. M.D., M.P. Rajya Sahakari) (9) M.P. No. 272/93 (Vijayasingh v. M.D., M.P. Rajya Sahakari) (10) M.P. No. 273/93 (Smt. Ranjana v. M.D., M.P. Rajya Sahakari) (11) M.P. No. 274/93 (Prahlad v. M.D., M.P. Rajya Sahakari) (12) M.P. No. 488/93 (Ramesh v. M.D., M.P. Rajya Sahakari) (13) M.P. No. 489/93 (Sunderlal v. M.D., M.P. Rajya Sahakari) (14) M.P. No. 490/93 (Mahesh v. M.D., M.P. Rajya Sahakari) (15) M.P. No. 501/93 (Jagdish v. M.D., M.P....
Tag this Judgment!Steel Furnace Association of India and ors. Vs. M.P. Electricity Board ...
Court: Madhya Pradesh
Decided on: Oct-20-1994
Reported in: 1995(0)MPLJ704
ORDERA.R. Tiwari, J.1. This order shall also govern the disposal of the connected other 12 petitions particularised as -(1) M. P. No. 1859/92 (M/s Madhumilan v. MPEB), (2) M. P. No. 1871/92 (M/s Chirag v. MPEB), (3) M. P. No. 1876/92 (The Associated Cement v. MPEB), (4) M. P. No. 1971/92 (National Steel v. MPEB), (5) M. P. No. 1972/92 (M/s Ruchi Strips v. MPEB), (6) M. P. No. 446/93 (M/s Ruchi Soya v. MPEB), (7) M. P. No. 447/93 (M/s Gen. Foods v. MPEB), (8) M. P. No. 1392/93 (M/s Madhumilan v. MPEB), (9) M. P. No. 2145/93 (M/s Jalan v. MPEB), (10) M. P. No. 712/94 (M/s Jalan v. MPEB), (11) M. P. No. 788/94 (Dhar Textiles v. MPEB) and (12) M. P. No. 789/94 (Maya Spinners v. MPEB).2. Briefly stated, the facts of the cases are that the respondents issued circulars dated 30-9-1992, 30-9-1993 and 18-2-1994. By the circular dated 30-9-1992, (Annexure P/2-A in M. P. No. 1789/92) the respondents merged fuel cost adjustment charges and NTPC charges into energy charges effective from 1-10-1992....
Tag this Judgment!Mrs. Rufeena Vs. Elezzander Sevasteen and ors.
Court: Madhya Pradesh
Decided on: Oct-19-1994
Reported in: I(1995)DMC50
R.D. Shukla, J.1. This is a reference under Sections 17/20 of the Indian Divorce Act, made by IIIrd Additional District Judge, Ratlam, in Civil Case No. 39-A/92, for confirmation of the decree of dissolution of marriage granted in favour of the petitioner.2. The case of the petitioner is that they were married on 19.10.83 at Sant Anna Catholic Church, Ratlam, according to the Christian rites and customs. The twin children were born to them out of their wedlock, out of them the daughter died immediately after birth and the son is surviving, who is residing with the petitioner. It is alleged that after the birth of the twin children, as above, respondent's behaviour became indifferent and cruel with her. The respondent has got incestuous and illicit relation with Rajeshwari Fransis and Arikmery. On 11.6.87, the respondent (husband) assaulted her and turned out of the house. The petitioner, therefore, sought a relief of dissolution of marriage. The respondent made appearance in the Court,...
Tag this Judgment!Subodh Kumar Awasthy and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Oct-19-1994
Reported in: 1995(0)MPLJ807
ORDERD.P.S. Chauhan, J.1. The six petitioners have approached this Court under Article 226 of the Constitution of India seeking 7 reliefs in following terms :(i) The Hon'ble High Court may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the notification dated 26-12-1984 Annexure-P/3 as void, illegal and contrary to law.(ii) The Hon'ble High Court may be pleased to quash the voters' list prepared under Rule 3 of the 1994 Niyam for Municipal Corporation, Jabalpur as void, illegal and contrary to law.(iii) The Hon'ble High Court may be pleased to declare by issuance of appropriate writ, order or direction that any election held on the basis of notification dated 26-12-1984 would be invalid, illegal and unconstitutional.(iv) The Hon'ble High Court may be pleased to declare that any election held on the basis of voters' list prepared under Rule 3 would be illegal, unconstitutional and contrary to law.(v) The Hon'ble High Court may be pleas...
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