Madhya Pradesh Court February 1994 Judgments
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D.K. Saxena Vs. Coal India Limited and anr.
Court: Madhya Pradesh
Decided on: Feb-08-1994
Reported in: 1995(0)MPLJ430
ORDERGulab C. Gupta, J.1. The petitioner was a Senior Personnel Officer in the Respondent No. 2 and has been removed from employment on a finding of proved misconduct by order dated 15-11-1991 (Annexure P-12). He challenges constitutional and legal validity of the said order of removal by filing this writ petition under Article 226 of the Constitution of India.2. It is not in dispute that the respondents are Government companies of the Central Government and since they are fully financed and controlled by the said Government, they fall within the definition of 'State' under Article 12 of the Constitution of India and therefore amenable to writ jurisdiction of this Court. It is also not in doubt that the officers like the petitioner are governed by Coal India Executives Conduct, Discipline and Appeal Rules, 1978. These rules are however not statutory and yet they govern service conditions of the petitioner and others as a part of their contract of employment. Since the respondents are S...
Jitendra Maheshwari and anr. Vs. Govind Roy and ors.
Court: Madhya Pradesh
Decided on: Feb-04-1994
Reported in: 1995CriLJ1514
ORDER1. Contemner No. 1 Govind Roy is the Chief Editor of the weekly 'Shilalekh', which is published from Delhi and Gwalior. Contemner No. 2, Sanjay Roy is the Editor of the said weekly paper. Contemner No. 3, is the Director/publisher of Bhuwan Publications, Pvt. Ltd. and Contemner No. 4, Smt. Kamleshwari Roy, is the printer of the said weekly. 2. An editorial was published in the weekly dated 15-21st August, 1993 at p.2, under the caption, 'BHRASHTA NYAYAPALIKA AUR AAM AADMI'. Smt. Renu Sharma, Third Additional Judge to the Court of the District Judge, Gwalior, has made a reference under Section 15(2) of the Contempt of Court Act, 1971, for short, the 'Act', the said publication being highly contemptuous which maligns and, undermines the reputation and dignity of the judicial system as a whole and the officers working there in and Advocates, in particular. Two Advocates of this Court also filed a petition for taking action under Sections 11, 12 and 15 of the Act.3. All the four conte...
Rajesh Hirodkar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-03-1994
Reported in: AIR1995MP93; 1994(0)MPLJ846
U.L. Bhat, C.J.1. Petitioner's counsel submits that the amendment will be carried out in the course of the day.2. The owner of a Jeep registered as a private vehicle has filed this writ petition questioning the vires of explanations (7) and (8) to the First Schedule of the M. P. Motor-yan Karadhan Adhiniyam, 1991, and seeking quash of Annexures A, B and E as also the demand for Rs. 5,400/- and to direct the respondents to release the vehicle in question on bond. This Court passed an interim order directing that the vehicle be released on the petitioner furnishing bank guarantee for Rs. 6,000/-. We understand that the bank guarantee has been furnished and the vehicle has been released.3. The respondents Nos. 2 and 3 detected that the petitioner's vehicle was being used to carry passengers for hire and reward on 29-10-1993. The petitioner claims that he had paid tax only on the basis that the vehicle is a private vehicle. He had not paid tax on the basis that it is a public service vehic...
Hemant Kumar Vs. Ashabai
Court: Madhya Pradesh
Decided on: Feb-03-1994
Reported in: II(1994)DMC452
V.S. Kokje, J.1. This is an appeal against the judgment and decree passed in a matrimonial case under the Hindu Marriage Act by the District Judge, Indore.2. The appellant her in had sought dissolution of his marriage with the respondent under Section 13 of the Hindu Marriage Act on the ground that she is suffering from mental disorder, The opposite party refuted the allegations. The Trial Court after recording evidence came to the conclusion that it had not been proved by the applicant before it that the non-applicant was of unsound mind and had been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.3. I have heard to the parties and have gone through the record. The ground for dissolution of marriage by a decree of divorce under Section 13(I)(iii) which reads as follows :--'Section 13(1):--Any marriage solemnized, whether before or after the commencement of t...
Rajendra Vs. Anita
Court: Madhya Pradesh
Decided on: Feb-03-1994
Reported in: II(1994)DMC465
V.S. Kokje, J.1. There is another case Civil Revision No. 446/93 (Rajendra Kumar v. Anita), arising out of the same proceedings before the Trial Court. Both these applications have been simultaneously heard and are being decided by this order.2. In Civil Revision No. 144/93 order dated 10.3.1993 is under challenge on the ground that the Trial Court erred in not deciding the issue as regards jurisdiction, the objection as to prematurity of the action was wrongly rejected, the prayer for in camera hearing was wrongly rejected, the objection under Section 13(1)(a) of the Hindu Marriage Act was not properly decided and that the Trial Court has erred is not framing preliminary issues and ignoring the provisions of Section 11 of the Code of Civil Procedure. In Civil Revision No. 446/93 the order dated 8.11.1993 has been challenged and it is prayed that proper order for custody of the child and his welfare be passed.3. The case arises out of a matrimonial, dispute. By order dated 10.3.1993, w...
Naveen Raghunath Karnik Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-03-1994
Reported in: 1994(0)MPLJ681
ORDERU.L. Bhat, C.J.1. Petitioner's counsel submits that the amendment will be carried out in the course of the day.2. The owner of a Jeep registered as a private vehicle has filed this writ petition questioning the vires of explanations (7) and (8) to the First Schedule of the M. P. Motoryan Karadhan Adhiniyam, 1991, and seeking quashing of Annexures-A, B and E as also the demand for Rs. 5,400/- and to direct the respondents to release the vehicle in question on bond. This Court passed an interim order directing that the vehicle be released on the petitioner furnishing bank guarantee for Rs. 6,000/-. We understand that the bank guarantee has been furnished and the vehicle has been released.3. The respondents Nos. 2 and 3 detected that the petitioner's vehicle was being used to carry passengers for hire and reward on 29-10-1993. The petitioner claims that he had paid tax only on the basis that the vehicle is a private vehicle. He had not paid tax on the basis that it is a public servic...
State of Madhya Pradesh Vs. Vishal Singh Bhabudar Yadav and anr.
Court: Madhya Pradesh
Decided on: Feb-03-1994
Reported in: 1995(0)MPLJ377
P.N.S. Chouhan, J.1. Residents of village Mondwara, Police Station Jatara, District Tikamgarh were sharply divided into two camps, one led by absconding accused Ranmat Singh and the other headed by Neksai (PW 20). The bone of contention which led to these quadruple murders was rival claims for possession over the pasture land (Gochar) of the village. In the year 1984 Pattas were granted in favour of Moti, Kundan, Ranmat Singh, Ramsingh, Phulsingh, Siyaram, Kalloo Sore, Bhagwandas, Ramkali wife of Kishan etc. of appellants' camp. The other side challenged these allotments and the matter was sub judice on the date of incident. These facts are not in dispute. Members of Neksai's camp claimed that they were in actual possession of the said land notwithstanding the grant of Pattas to others and that is why they had challenged the said grants. On 25-6-1990, at day break, i.e. 6.30 a.m., appellants and four absconding accused, namely, Ranmat Singh, Motilal, Kundan Singh and Chatur Khangar wer...
State of Madhya Pradesh Vs. Vishal Singh and anr.
Court: Madhya Pradesh
Decided on: Feb-03-1994
Reported in: 1994CriLJ3428
P.N.S. Chouhan, J.1. Residents of village Mendwara, Police Station Jatara, District Tikamgarh were sharply divided into two camps, one led by absconding accused Ranmat Singh and the other headed by Neksai (P.W. 20). The bone of contention which led to these quadruple murders was rival claims for possesion over the pasture land (Gochar) of the village. In the year 1984 Pattas were granted in favour of Moti, Kundan, Ranmat Singh, Ramsingh,, PhulSing, Siyaram, Kalloo Sore, Bhagwandas, Ramkali wife, of Kishan etc. of appellants' camp. The other side challenged these allotments and the matter was sub judice on the date of incident. These facts are not in dispute. Members of Neksai's camp claimed that they were in actual possession of the said land notwithstanding the grant of Pattas to others and that is why they had challenged the said grants. On 25-6-1990, at day break, i.e. 6.30 a.m., appellants and four absconding accused, namely, Ranmat Singh, Motilal, Kundan Singh and Chatur Khangar w...
Khushal Das, Phatnani Vs. Raipur Development Authority Through Its Cha ...
Court: Madhya Pradesh
Decided on: Feb-01-1994
Reported in: AIR1995MP42; 1995(0)MPLJ514
M.V. Tamaskar, J.1. This petition has been filed challenging the action of respondents 1 to 4 in allotting plots over Kh. Nos. 327/18 and 327/19 of Tikrapara, Raipur without acquiring the said lands by following the procedure as required under the provisions Madhya Pradesh Town improvement Trust Act, 1960, or under the Madhya Pradesh Nagar Tatha Gram Niwash Adhiniyam, 1973.2. The petitioner owned Kh. Nos. 327/18 & 327/19. Over the said lands houses have been constructed by the respondents 5 to 12 on having been allotted the said plots by the Raipur Development Authority.3. That, the record shows that the M.P. Town Improvement Trust Act was in force, Schemes were published sometime in the year 1971 both in the Government Gazette and local newspapers. The said schemes appear not to have been finalised and the Raipur Development Authority was established sometime in 1977. On establishment of Raipur Development Authority, M.P. Town Improvement Trust Act ceased to apply and the schemes whic...
Commissioner of Income-tax Vs. V.C. Gupta
Court: Madhya Pradesh
Decided on: Feb-01-1994
Reported in: 1995(0)MPLJ447
U.L. Bhat, C.J.1. The following questions have been referred by the Appellate Tribunal at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act of 1961') :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that in respect of the properties settled on the assessee by his father, the correct status of the assessee was Hindu undivided family ? (ii) Whether, on the facts and in the circumstances of the case and in view of the fact that the wife of the assessee was, in any case, the member of the Hindu undivided family, the Tribunal was correct in excluding the income from capital gains from the assessment of the assessee?' The respondent herein, the assessee, in the returns submitted during the period 1957-58 to 1971-72 declared his status to be individual. He did not file returns for the period 1972-73 to 1974-75. When notices were sent to him under Section 139(2) and Section 148 of the Ac...
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