Madhya Pradesh Court December 1994 Judgments
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Tejpal K. JaIn Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Dec-12-1994
Reported in: 1995LC452(MP); 1995(77)ELT820(MP)
ORDERC.M.K. Prasad, J.1. Union of India, through Asstt. Collector, Customs and Central Excise, lodged a complaint in the Court of Additional Chief Judicial Magistrate (Economic Offences Court), Indore, impleading five persons as accused, including accused No. 5 Tejpal Singh alias TOM alias TINU, who is the petitioner in this revision petition. According to the complaint, Maruti Car No. DAC 8110 was intercepted on 11-12-1988 at 22.30 hours at Hotel Pallavi situated at 1/1 Green Park, Indore in the presence of two Panch witnesses, when one of its two occupants came out of the said hotel along with the occupant of room No. 207 of Hotel Pallavi Indore. According to the complaint, the occupants of the said Maruti Car had earlier gone inside the hotel to contact the occupant of room No. 207 of the hotel. The persons occupying the said Maruti Car disclosed their identity as Pradeep Singh Walia (accused No. 1) and Harbhajan Singh (accused No. 3). It is alleged that officers of Customs and Cent...
Laxman Narayan Deshmukh and ors. Vs. Ramrao S/O Shrawan Katwale and or ...
Court: Madhya Pradesh
Decided on: Dec-09-1994
Reported in: 1998(2)MPLJ273
M.V. Tamaskar, J.1. The present second appeal arises out of a judgment and decree passed by the District Judge, Chhindwara in Civil Appeal No. 15-A/87, setting aside the judgment and decree passed by the Civil Judge, Class II, Saunsar in Civil Suit No. 11-A/82.2. The circumstances leading the filing of the suit are as under :One Tukdyaji had two sons, Narayan Rao and Girmaji. Tukdyaji died on 2-2-1960. Yeshibai, the wife of Tukdyaji and the mother of two sons died on 11-10-1974. In a family arrangement the holdings of 44.01 acres of land were divided between Narayan and Girmaji, out of which 23.10 acres of land fell to the share of Girmaji. Girmaji sold the said land in favour of Ramrao, Nathu and Mahadeol, the defendants in the suit for a consideration of Rs. 15,000/-. The sale deed was executed on 10-3-1965. Nathu and Mahadeol further alienated 11.55 acres of land to Smt. Rukhmanibai, Smt. Manabai, Sureshchandra and Gajanan, who were defendant Nos. 2 to 5 in the suit.3. Appellant/pla...
Babu Lal Vs. Jassu Alias Yashwant Singh and anr.
Court: Madhya Pradesh
Decided on: Dec-07-1994
Reported in: 1995ACJ731; (1996)IIILLJ1090MP
T.S. Doabia, J.1. Babulal was working as a labourer in truck bearing No MPH 7175 This truck met with an accident on July 5.1987. In (his accident the appellant lost his right hand. The Commissioner under the Workmen's Compensation Act. 1923 (hereinafter referred to as 'the Act'), came to the conclusion that the appellant had suffered disability to the extent of 80 per cent, for this, he relied on the Table provided in the Act and fixed compensation at Rs. 14,332/-.2. The learned counsel for the petitioner has argued that this is a case where the disability is 100 per cent and, therefore, the quantum of compensation should be increased. I am of the view that this argument of the learned counsel cannot be accepted. 5 The disability has been clearly indicated in the Schedule and this disability statutorily laid down has been taken note of. Thus, no exception can be taken with regard to the quantum of compensation.3. The further argument of the learned counsel for the appellant is that thi...
Heeralal Vs. Smt. Ravi Jain
Court: Madhya Pradesh
Decided on: Dec-07-1994
Reported in: II(1995)DMC211
T.S. Doabia, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955, (hereinafter referred to as the 'Act'). The petition filed by the appellant under Section 13 of the Act was declined.2. Two grounds were urged for seeking divorce. There have been urged again. These are: (i) certain acts of cruelty have been attributed to the respondent wife; and (ii) allegations with regard to adultery have been made.3. The brief facts for the purposes of this appeal be noticed.4. The marriage in this case took place on 28th of April, 1984. The parties lived together. The divorce petition was filed on 27th of June, 1987. Out of the wedlock there is one male child. The male child was born in January, 1985.5. So far as the act of cruelty is concerned, it is said that on the very first day of married life, the respondent gave abuses to the appellant. Thereafter she was constantly telling him that she would have lived a better and happier life had she been married to an engineer or docto...
Babu Lal Vs. Jassu @ Yashwant Singh and anr.
Court: Madhya Pradesh
Decided on: Dec-07-1994
Reported in: 1(1996)ACC61
T.S. Doabia, J.1. Babulal was working as a labourer in truck bearing No. MPH 7175. This truck met with an accident on 5.7.1987. In this accident the appellant lost his right hand. The Commissioner under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), came to the conclusion that the appellant had suffered disability to the extent of 80 per cent. For this, he relied on the Table provided in the Act and fixed compensation at Rs. 44, 332/-.2. The learned Counsel for the petitioner has argued that this is a case where the disability is 100 per cent and, therefore, the quantum of compensation should be increased. I am of the view that this argument of the learned Counsel cannot be accepted. The disability has been clearly indicated in the Schedule and this disability statutorily laid down has been taken note of. Thus, no exception can be taken with regard to the quantum of compensation.3. The further argument of the learned Counsel for the appellants that this wa...
State of M.P. Vs. Sayed Yahya Ali
Court: Madhya Pradesh
Decided on: Dec-06-1994
Reported in: 1995(0)MPLJ791
ORDERI.P. Rao, J.1. This is a revision filed by the State aggrieved by the order of the learned Sessions Judge, Bhopal, dated 10-2-1992 in Cri. Revision No. 17/92 directing the release of the jeep to the respondent on furnishing security.2. Shri R. K. Khare, learned Govt. Advocate, submitted that the order of the learned Sessions Judge, Bhopal, is illegal by virtue of the amendment brought out to Section 30 of the Wild Life Protection (Amendment) Act, 1991 (hereinafter referred to as the Act) which has come into effect from 2-10-1991. That amendment lays down that any vehicle that has been used for committing an offence and has been seized under the provisions of the Act shall be the property of the Government. This amendment referred to above clearly lays down that the vehicle that has been used for committing an offence and has been seized under the provisions of the Act shall be the property of the Government. This amendment referred to above clearly lays down that the vehicle which...
Virendra Singh Bhandari Vs. Nandlal Bhandari and Sons Pvt. Ltd. (In Li ...
Court: Madhya Pradesh
Decided on: Dec-05-1994
Reported in: AIR1995MP217; [1998]94CompCas852(MP); 1996(0)MPLJ403
ORDERA.G. Qureshi, J. 1. Initially on 15-2-1991 a reportof the Official Liquidator was considered wherein it was stated that three tenants have been inducted unauthorisedly by the employees of the Official Liquidator. A direction was given to issue notice to them treating them as trespassers. There was an interlocutory application No. 1360 of 1984 about the induction of one Nagar in one of the buildings under liquidation. Vide proceedings dated 5-4-1991 it was directed that list of all the tenants and property should be filed in the Court along with the persons in possession of the property and the nature of their possession along with the fact whether any permission has been sought from the Court. Adirection was given to the Official Liquidatorto furnish the list and the list has been furnished, Notices were issued to the tenants.2. The tenants appeared through Shri Panjwani and Shri V.K. Jain, Advocates. On 25-10-1991 Shri Panjwani appeared on behalf of Mukeshkumar Rochaldas Shri Gan...
Kisan Sahakari Sheetgrah Evam Vary Factory Ltd. Vs. R.C. Gupta and anr ...
Court: Madhya Pradesh
Decided on: Dec-05-1994
Reported in: 1995(0)MPLJ616
ORDERI.P. Rao, J.1. This revision is filed by defendant No. 1 against the order of the learned III Additional Distt. Judge, Sagar in Civil Suit No. 44-A/1991, holding that he has jurisdiction to try the civil suit, which was filed by the non-applicant No. 1 herein claiming damages for breach of contract.2. The learned counsel for the applicant argued that for construction of a cold storage, the tender of the non-applicant No. 1/plaintiff was accepted on 15-1-1981; that because of the lethargic attitude of the plaintiff and breach of contract, the applicant/first defendant was constrained to rescind work and that without exhausting the remedy of arbitration provided under clause 29 of the agreement entered into between the plaintiff and the first defendant, the plaintiff has rushed to the civil court.3. The learned counsel further argued that the learned Additional District Judge, Sagar by the impugned order dated 15-3-1993 has assumed jurisdiction in a civil suit, which is barred by Se...
M.M. Balan Vs. General Manager, Cement Corporation of India and Two or ...
Court: Madhya Pradesh
Decided on: Dec-02-1994
Reported in: (1996)IIILLJ1088MP
ORDERS.K. Dubey, J.1. This order shall also govern the disposal of Misc. Petition No. 2461 of 1987 (Cemant Corporation of India Ltd. and Anr. v. M.M . Blan and two Ors.).By these two petitions, the employer as well as the employee have challenged the order of the Industrial Court passed in appeal No. 892/MP1R/1983.2. The facts giving rise to these petitions are that M.M. Balan was in the employment of the Cement Corporation of India with effect from 22nd August. 1965 as ST. Driver. He was served with a charge-sheet for the alleged incident dated October 11, 1979. The employee denied the charges. A domestic enquiry was held. After conclusion of the said enquiry the misconduct alleged against the employee that he : assaulted a Superior Officer Mr. Rao was found proved. Therefore, his services were terminated vide order dated January 30, 1990. Aggrieved by the said order of termination, the employee filed an application under section 31 (3) read with Section 61 of the M.P. Industrial Rela...
Jahina Akhtar Hasmi and ors. Vs. Guljar Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1994
Reported in: 1995(0)MPLJ901
ORDERT.S. Doabia, J.1. The father and son were proceeding towards Gwalior from Shivpuri on scooter No. CIH 4494. A fatal accident took place. A truck bearing No. DIL 8100 was the cause of the accident. The father died on the spot whereas the son died on his way to hospital. Two claim petitions were preferred. This appeal is with regard to the compensation awarded on account of the death of the son namely Naved Hasmi. The appellants are the mother, two sisters and the younger brother. On account of the death of the father, the above claimants were compensated to the extent of Rs. 1,35,800/- whereas on account of the death of the son referred to above, the Tribunal ordered payment of compensation to the extent of Rs. 25,000/-. It is the assessment of this amount which has been challenged in this appeal.2. The deceased was a student of Class VIII. According to the mother, the deceased was a meritorious student and good sportsman. Certificate Ex. A/9 to A/13 have been placed on the record....
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