Madhya Pradesh Court February 1994 Judgments
Johanlal Chandrakar Vs. Board of Revenue, M.P., Gwalior and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1994
Reported in: AIR1994MP139; 1994(0)MPLJ765
S.K. Dubey, J.1. This order shall govern disposal of Misc. Petition No. 2608 of 1990 (Chowalal v. Johanalal Chandrakar) as well.2. Petitioner Johanlal Chandrakar is the auction-purchaser of the land mortgaged belonging to the judgment-debtor Ramdhan, the borrower, a member of the respondent No. 5 Society, who could not repay the mortgage money of Rs. 10, 554.08 with interest on an award dated 24-11-1978 passed under Section 64 of the M.P. Co-operative Societies Act, 1960, against the borrower-member, has come before this Court under Articles 226 and 227 of the Constitution of India, In realisation of the amount under award, the land admeasuring 17.88 acres, situated in village Kauajhar, Tahsil Mahasamund, District Raipur put not to auction on 8-1. 1979 in Recovery Case No. 270/Mahasamund/76-77 and was auctioned in favour of the petitioner for Rs. 21.600/-, being the highest bid. The petitioner, on confirmation of sale on 4-2-1981, was granted a certificate of sale and possession of the...
Tag this Judgment!Baman Prasad Mishra Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-28-1994
Reported in: 1994(0)MPLJ977
ORDERM.V. Tamaskar, J.1. This is a matter within the jurisdiction of a Single Judge under this Court's Rules and Orders, but Chouhan, J., who originally heard the case, felt that the matter involved in the case is of considerable importance and should be decided authoritatively. The matter has, therefore, been referred to the Division Bench to decide the following question of law :-'Where offence under Section 5(l)(b) and 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of Indian Penal Code was committed, when the said Act of 1947 was in force and the sanction for prosecution of the accused for the above said offences was granted by the State Government under the said Act of 1947, but on a date when the said Act stood repealed after coming into force of Prevention of Corruption Act, 1988 with effect from 9-9-1988 whether such sanction may be said to be void, having been accorded under a repealed Act?'2. The facts necessary for determination of the aforesaid question are t...
Tag this Judgment!Tota Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-28-1994
Reported in: 1995(0)MPLJ393
J.G. Chitre, J.1. The appellant is hereby challenging the correctness, propriety and legality of the conviction and sentence awarded to him by Third Additional Sessions Judge, Morena in the matter of S.T No. 192/82. The appellant has been convicted for an offence punishable under Section 302 of Indian Penal Code and has been sentenced to life imprisonment.2. The incident, which is very short, started at about 10 P.M. or 12 midnight intervening 17-5-1981 and 18-5-1981 when deceased Chunna, Harchand and Tota were singing songs. Tota started singing some obscene song which was not liked by Chunna who asked appellant Tota not to sing such a song. Appellant did not pay any heed and continued singing the said song and challenged Chunna which provoked him.3. Thereafter, there was a scuffle between those persons and it resulted in assault in which appellant gave fist blows to Chunna. The prosecution case shows that Harchand separated them, but, the episode did not end there. Again between 12 m...
Tag this Judgment!Tota Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-28-1994
Reported in: 1995CriLJ1515
J.G. Chitre, J.1. The appellant is hereby challenging the correctness, propriety and legality of the conviction and sentence awarded to him by Third Additional Sessions Judge, Morena in the matter of S. T. No. 192/82. The apellant has been convicted for art offence punishable Under Section 302 of Indian Penal Code and has been sentenced to life imprisonment.2. The incident, which is very short, started at about 10 p.m. or 12 midnight intervening 17-5-1981 and 18-5-1981 when deceased Chunna, Harchand and Tola were singing songs. Tota started signing some obscene song which was not liked by Chunna who asked appellant Tota not to sing such a song. Appellant did not pay any heed and continued singing the said song and challenged Chunna which provoked him.3. Thereafter, there was a scufle between those persons and it resulted in assault in which appellant gave fist blows to Chunna. The prosecution case shows that Harchand separated them. But, the episode did not end there. Again between 12 ...
Tag this Judgment!Dulari Bai Vs. Rambabu and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1994
Reported in: 1995ACJ17
Shacheendra Dwivedi and Krishan Mohan Pandey, JJ.1. This appeal is by the claimant, the mother of the deceased, who had preferred a claim petition under Section 110-A of the Motor Vehicles Act before the Claims Tribunal, Bhind.2. In this appeal the challenge is to the very low quantum of the award passed in her favour. The broad facts of the case would facilitate further discussion on the contentions raised.3. On 28.5.1973 at about 1.00 p.m., the appellant-claimant's son, named, Ramesh Chandra alias Chhunnu while driving the scooter and going towards Lehgaon from Bhind was dashed from behind by the truck No. MPH 7905. At the relevant time Hari Babu, PW 4, was the pillion rider. The deceased and Hari Babu were injured in the accident. The deceased having suffered serious injuries died on the spot. The other injured Hari Babu, PW 4, lodged a report with the police and was medically examined. The said truck was owned by respondent No. 1, driven by respondent No. 2 and insured with respond...
Tag this Judgment!Dr. Umrao Singh Choudhary Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-22-1994
Reported in: AIR1995MP75
V.D. Gyani, J. 1. Judicial review of Staleaction by way of certiorari has been invokedby none else than the Vice-Chancellor of DeviAhilya Vishwavidhalaya, Indore. This Courtis faced with a dispute in which academicadministrative law, delegated legislation involving Constitutional law, natural justice allcome together on a high level of legal principles, veering ground the 'autonomy of aUniversity' established under the M. P.Vishwa Vidyalaya Adhiniyam 1973 (for short'Adhiniyam').2. A fax message Anx. P2 from the State Capital, has prompted the petitioner to rush to this Court for seeking relief-including interim one which was granted by order 22-1-94 as it was contended before us that nonotification as contemplated by Section 52 of the Adhiniyam was issued by the State Govt. and published in the Govt. Gazzette.3. The State action was dubbed and denounced as an act of procedural impropriety, violative of elementary rules of natural justice. The challenge undoubtedly was not frivolous. Ev...
Tag this Judgment!Bhimraj Rathore Vs. Collector of Central Ex. and Cus.
Court: Madhya Pradesh
Decided on: Feb-22-1994
Reported in: 1994(48)ECC63; 1994LC121(MP); 1994(74)ELT810(MP)
V.D. Gyani, J1. The petitioners, who are transporters, by this petition under Article 226 of the Constitution challenge the show cause notices filed as Ann. 'A' and 'B' to the petition and further pray for quashing the same. They also pray for quashing respondents' action of seizure of goods and vehicle bearing registration No. CIF 889. The petitioners further submitted that the respondents' action is illegal and invalid and the bonds and Bank Guarantee furnished be also set aside.2. Shri Chafekar, Senior Advocate, with Shri Jain appearing for the petitioners, contended that the petitioners are neither manufacturers nor even remotely directly or indirectly involved in manufacturing activities. As such they are beyond the purview of the Central Excise Act and Rules made thereunder. The petitioner No. 1 is the owner of the vehicle CIF 889 and carries on business of transporting; while the petitioner No. 2 is a driver employed by the petitioner No. 1; the petitioner No. 3 is merely a help...
Tag this Judgment!Tarabai Vs. Mohan Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-22-1994
Reported in: 1995ACJ465
U.L. Bhatt, C.J. and A.R. Tiwari, J.1. A 25 years old girl who was injured in a motor vehicle accident which took place on 10.8.1988 being aggrieved by the award passed by the Tribunal has filed this appeal. We have heard learned Counsel for the petitioner and the learned Counsel for the insurer.2. The main question that arises for consideration relates to the quantification of compensation. The claimant sustained fracture of the left hand, involving fracture of radius and ulna leading to 15 per cent disability. Her arm was subjected to plating and skin-grafting. She had to undergo five surgical operations in the hospital. She claimed compensation of Rs. 1,14,000/-. The Tribunal awarded Rs. 20,000/- as general damages and Rs. 11,958/- towards medical expenses. Interest at the rate of 15 per cent per annum was also allowed. The general damages were awarded only after considering the aspects of permanent disfigurement, permanent discomfort and disability, the reduced efficiency in workin...
Tag this Judgment!All India Motor Transport Congress and anr. Vs. State of Madhya Prades ...
Court: Madhya Pradesh
Decided on: Feb-18-1994
Reported in: AIR1994MP117; 1994(0)MPLJ884
P.P. Naolekar, J.1. This petition shall also govern the disposal of Misc. Petition No. 3729/85 (Prabhashankar v. The State of Madhya Pradesh) and Misc. Petition No. 4327/92 (G. P. Gupta v. the State of Madhya Pradesh). The petitioner's challenge is to the Act passed by the State legislatures of Madhya Pradesh called the 'Madhya Pradesh Motor Parivahan Yano Par Pathkar Ka Udgrahan Adhiniyam, 1985 Madhya Pradesh Act No. 17 of 1985 (for short the 'Act'). The petitioner No. 1 is a All India Motor Transport Congress which is the Apex organization of Motor Transport Operators affiliated to State/Regional Associations and is a company registered under the Companies Act, 1956. The members of the petitioner No. 1 are goods transport operators holding composit/ national permits on inter-State routes as provided in Section 63(11) of the Motor Vehicles Act, 1939 and the petitioner No. 2 is a National Permit holder providing goods transport facilities.2. The act received assent of the Governor on 2...
Tag this Judgment!Dr. Anand Upadhyay Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-18-1994
Reported in: AIR1994MP133; 1994(0)MPLJ536
U.L. Bhat, C.J.1. Petitioner completed his M.B.B.S. Course in G. R. Medical College, Gwalior, under Jivaji University, Gwalior. He completed one year house job in the same College in 1991. He was granted registration by the Medical Counsel. He underwent one year's house job in the Department Ophthalmology in the year 1991-92. He filed the writ petition while he was undergoing D.O.M.S. Course in G. R. Medical College, Gwalior desirous of getting admission is M. S. Ophthamology Course in Govt. Medical College, Jabalpur.2. In the year 1992, there were 3 seats in M. S. Ophthamology Course in the Govt. Medical College, Jabalpur. Of them, one was reserved for Surgeons and the remaining two were to be filled up from among the Institutional candidates. Out of the two seats, one was surrendered for the purpose of admission in pursuance of All India Entrance Examination. Vacancies having arisen in the All India Post Graduate quota for 1992, the one seat so surrendered, was released. The Director...
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