Madhya Pradesh Court June 1994 Judgments
State of Madhya Pradesh Vs. Hakamsingh Khumansingh Lodhi and ors.
Court: Madhya Pradesh
Decided on: Jun-30-1994
Reported in: 1995(0)MPLJ828
D.P.S. Chauhan, J.1. The present appeal is directed against the persons who have been acquitted i.e. Hakam Singh, Komal Singh and Majhli Bahu alias Bai. One Kamalabai, the wife of respondent-accused No. 1 Hakam Singh, committed suicide by pouring kerosene oil on herself. All the respondents were prosecuted under Sections 306 and 498A, Indian Penal Code.2. The learned Addl. sessions Judge in Sessions Trial No. 10/85 after considering the evidence on the record by his judgment and order dated 16-9-1985 acquitted all the accused persons.3. Heard the learned Government Advocate and learned counsel for the respondent-accused, learned Govt. Advocate submitted that the Sessions Court has erred in law in acquitting the accused-respondents as there was material on the record warranting their conviction. He read over the statements of the prosecution witnesses and after going through the evidence, it was accepted by the learned Govt. Advocate that no charge under Section 306, Indian Penal Code, ...
Tag this Judgment!State of Madhya Pradesh Vs. Hakamsingh
Court: Madhya Pradesh
Decided on: Jun-30-1994
Reported in: 1995CriLJ2982
D.P.S. Chauhan, J.1. The present appeal is directed against the persons who have been acquitted i.e. Hakam Singh, Komal Singh and Majhli Bahu alias Bai. One Kamlabai. the wife of respondent-accused No. 1 Hakam, Singh, committed suicide by pouring kerosene oil on herself. All the respondents were prosecuted under Sections 306 and 498 A. IPC.2. The learned Addl. Sessions Judge in Sessions Trial No. 10/85 after considering the evidence on the record by him judgment and order dated 16-9-1985 acquitted all the accused persons.3. Heard the learned Government Advocate and learned counsel for the respondent-accused, Learned Govt. Advocate submitted that the Sessions Court has erred in law in acquitting the accused-respondents as there was material on the record warranting their conviction. He read over the statements of the prosecution witnesses arid after going through the evidence, it was accepted by the learned Govt. Advocate that no charge under Section 306, IPC on the basis of the evidenc...
Tag this Judgment!Sardar Surjit Singh Virk Vs. State Transport Appellate Tribunal and an ...
Court: Madhya Pradesh
Decided on: Jun-30-1994
Reported in: I(1995)ACC109
D.M. Dharmadhikari, J.1. The petitioner is a transporter who had applied for National Permit tinder the provisions of the Motor Vehicles Act, 1939 (now repealed by the Act of 1988). The State Transport Authority by communication dated 8.7.83 had directed the petitioner that as a pre-condition for grant of National Permit, he has to surrender his permit for vehicle No. CPK-3612.2. The petitioner went in appeal to the State Transport Appellate Tribunal and made an application for grant of stay or interim direction. By the order dated 11.8.83, the State Transport Appellate Tribunal rejected the stay application. The petitioner then approached in writ petition--M.P. No. 2155/83 which was decided on 8.9.83 by the then Division Bench directing the petitioner to approach the State Transport Appellate Tribunal and convass the grounds on merit in the pending appeal. The Division Bench declined to entertain the petition against the rejection of the stay application by the State Transport Appella...
Tag this Judgment!Bilaspur Spinning Mills and Industries Ltd. Vs. Union of India (Uoi) a ...
Court: Madhya Pradesh
Decided on: Jun-29-1994
Reported in: (1995)ILLJ660MP
D.M. Dharmadhikari, J.1. The petitioner as an employer challenges in this petition the order (Annexure-C) dated November 23, 1983 passed by the Regional Provident Fund Commissioner, Indore imposing on him a penalty or damages in the sum of Rs. 4,04,828.25 under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short the Act) for default and delay in deposit of the dues under the Act.2. The learned counsel appearing for the petitioner contends that there were strong and cogent reasons justifying the delayed payment or non-payment of the dues and the competent authority did not bestow consideration to the same and has imposed damages arbitrarily. Reference is made and reliance is placed on the decision of the Supreme Court in (1979-II-LLJ-416) (Organo Chemical Industries v. Union of India) and decision of a Division Bench of this Court in 1989 MPLJ 51 (Gwalior Rayon Silk Mfg.Wvg.Co Ltd. v. Regional Provident Fund Commissioner)3. The learned counsel a...
Tag this Judgment!Prem Narayan Vs. Smt. Ushabai
Court: Madhya Pradesh
Decided on: Jun-29-1994
Reported in: II(1994)DMC638
M.V. Tamaskar, J.1. This is an appeal against the judgment and decree dated 4.3.1993, passed by the District Judge, East-Nimar, Khandwa dismissing Civil Suit No. 9-A/1990 for divorce, under Section 13(1)(a)(i-b) of the Hindu Marriage Act, 1955.2. The parties, in this appeal, were married in accordance with Hindu caste-customary in April 1971; and have 3 issues son and two daughters. Sometime in the year 1985 the relations between the parties became strained and it is alleged that the wife started living with some other known as Deoram adultery.3. Decree for divorce was sought on the ground of adultery.4. The plea of the wife on the other hand was that she had never left the house of her husband; she was living in the same house where her husband living. But due to bad habits of drinking and other harassment, and beatings and frequent quarrel the respondent/defendant was forced to live separately though husband himself deserted the wife.5. Issues were framed and the Court below found th...
Tag this Judgment!Babulal Poujdar Motor Service Vs. State Transport Appellate Tribunal
Court: Madhya Pradesh
Decided on: Jun-29-1994
Reported in: II(1994)ACC569
D.M. Dharmadhikari, J.1. The petitioner is a Bus operator on a portion of the route in question, i.e. Betul to Khandwa. The petitioner objected to the grant of renewal of permit for the route in question and the change of timings proposed by regular permit holder Respondent No. 3. The RTA by the impugned order dated 9.7.1982 (Annexure-A) turned down the objection of the petitioner and granted renewal and change of timings in favour of the Respondent No. 3.2. The petitioner then approached the State Transport Appellate Tribunal in appeal. The Appellate Tribunal by the impugned order dated 25.12.1983 upheld the objection of the petitioner with regard to the change of timings. The change of timings granted in favour of the respondent No. 3 were, therefore, set aside. So far as the objection to renewal is concerned, the Appellate Tribunal held that as the permit Was very old, it was not proper to interfere in the grant of renewal at the instance of the objector.3. The learned, Counsel appe...
Tag this Judgment!Nand Kishore Bhallu Yadav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-28-1994
Reported in: 1996(0)MPLJ383
ORDERD.P.S. Chouhan, J.1. The applicant on the basis of the complaint dated 5-2-1982 was tried under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The trial Magistrate convicted the applicant under Sections 7(l)/16(1)(a) and sentenced him to six months' RI together with fine of Rs. 1000/-, where against the applicant preferred an appeal being Cr. Appeal No. 105/84 which was dismissed by the Addl. Sessions Judge, Panna on 9-6-1989. The present revision is directed against the aforesaid order dated 9-6-1989.2. Learned counsel for the applicant made five-fold submissions :(a) That as required under the law, the applicant was not supplied the report of the Public Analyst; and as such, for non-compliance of the mandatory requirement of the law, the entire proceedings are vitiated;(b) The complainant Suresh Kumar (PW 1), the Food Inspector, who was examined in the case but he has not stated about the sample taken by him as to whether it w...
Tag this Judgment!Nand Kishore Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-28-1994
Reported in: 1995CriLJ3247
ORDERD.P.S. Chouhan, J.1. The applicant on the basis of the complaint dated 5-2-82 was tried Under/Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The trial Magistrate convicted the applicant Under/Section 7(l)/16(l)(a) and sentenced him to six months' RI together with fine of Rs. 1000/-whereagainst the applicant preferred an appeal being Cr. Appeal No. 105/84 which was: dismissed by the Addl. Sessions Judge Panna on 9-6-69. The present revision is directed against the aforesaid order dated 9-6-89.2. Learned counsel for the applicant made fivefold submissions :(a) That as required under the law, the applicant was not supplied the report of the Public Analyst; and as such for non-compliance of the mandatory requirement of the law, the entire proceedings are vitiated;(b) The complainant Suresh Kumar (PW 1), the Food Inspector, who was examined in the case the has not stated about the sample taken by him as to whether it was the sample o...
Tag this Judgment!Daniram and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-27-1994
Reported in: I(1995)DMC131; 1995(0)MPLJ469
I. Panduranga Rao, J.1. The conviction under Section 498A I.P.C. has been challenged by the learned Counsel for the applicants on two grounds.2. The prosecution case is that the second applicant and the complaint P.W. 1 were married in or about 1982. Prosecution was launched on 13.10.1986 alleging that there had been demand by the applicants for registering certain lands in the name of the second applicant, who is the son of the first applicant and the husband of the complainant. In the Trial Court, when the question of limitation was urged by the accused, the learned Magistrate brushed aside that objection on the ground that the question of litigation was not urged by the applicants at the time of framing of charge.3. The Courts below have convicted the applicants and sentenced them to undergo R.I. for two years and to pay a fine of Rs. 1000/- and in default, to suffer R.I. for 3 months each.4. The learned Counsel for the applicants submitted that the complainant herself stated that t...
Tag this Judgment!Garg Electric Works Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jun-16-1994
Reported in: 1995(0)MPLJ505
ORDERShacheendra Dwivedi, J.1. In this petition, preferred under Articles 226/227 of the Constitution, a writ or a direction is sought by the petitioner against the respondents for doing justice in the matter. The circumstances and the facts leading to the filing of the petition may be briefly described.2. Undisputedly, respondent No. 2 had issued Notice Inviting Tenders (NIT, for short, hereinafter), Annexure P-l for awarding work on contract of the electrification in concealed conduit pipes system in the newly constructed building of Polytechnic College, Morena. It was provided in condition No. 10 of the NIT that the cost of the pipes and the labour charges of the work carried out by the department till the acceptance of the tender shall be deductible from the bill of the contractor. It was also provided in the NTT that the other conditions and the informations about the work could be had from the office of respondent No. 2. In response to NIT only two tenders were received by the re...
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