Madhya Pradesh Court July 1994 Judgments
Narayanlal Harkishanlal Vs. Nathua Kunja and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1994
Reported in: 1995(0)MPLJ19
ORDERT.S. Doabia, J.1. This is a petition filed by a vendee who purchased a piece of land measuring 3.187 Hectares through registered sale-deed duly registered on 22-6-1974.2. Soon after this purchase the State Legislature enacted Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (for short the Adhiniyam, 1976). The respondents 1 to 4 resorted to the provisions of this Act. They filed an application for setting aside the sale-deed executed by them in favour of the petitioner. The Sub-Divisional Officer, Guna after hearing the parties dismissed the application on 22-10-1982. Respondents Nos. 1 to 4 sought a review of the order dated 22-10-1982. This review petition was opposed. The Sub-Divisional Officer, however, reviewed his own fearlier order dated 22-10-1982. It came to a conclusion that the sale-deed dated 22-6-1974 was void.3. Against the above order, the petitioner filed...
Tag this Judgment!Tehsildar Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-30-1994
Reported in: 1995CriLJ1678
ORDERShacheendra Dwivedi, J.1. In this revision, the petitioner has challenged the correctness of the order passed-by the trial Court rejecting the prayer of the petitioner to provide him a particular lawyer at the State expense as envisaged by Section 304, Cr.P.C.2. Before dealing with the contentions advanced by both the sides, the narration of broad facts would be useful.3. The petitioner is an under-trial prisoner facing a sessions trial for the offences registered under Sections 294 and 307/34, I.P.C. The petitioner in the trial Court filed an application under Section 304 Cr.P.C. submitting that he was financially weak and was riot in a position to arrange for the fee of a defence counsel as such, he be provided the assistance, for his defence, of Shri Jagdish Prasad Shrivastava, Advocate in the said trial at the State expense.4. The application of the petitioner was partly allowed by the trial Court as, Shri A.K. Jain, Advocate was appointed for defending the accused-petitioner ...
Tag this Judgment!Divisional Forest Officer and anr. Vs. Baijanti Bai and ors.
Court: Madhya Pradesh
Decided on: Jul-29-1994
Reported in: 1995ACJ1002; (1995)ILLJ837MP
ORDERS.K. Dubey, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923, for short, the 'Act', against the award dated December 19, 1991, passed in Case No. 5/91 MCA (Fatal), by the Commissioner for Workmen's Compensation, Gwalior for short, the 'Commissioner'.2. It is not in dispute that the respondents/claimants are the dependents of the deceased, Veersen, aged 30 years, was employed as a Driver on daily wages of Rs. 31,10 plus Rs. 6.20, dearness allowance, in the Office of the Divisional Forest Officer, Gwalior, appellant No. 1. It is also not disputed that the deceased, as directed, went to Tilwat Ghati with the tractor (No.CPZ 5714) on January 31, 1991 to pull out the truck of the Forest Department which was jammed in mud. While pulling out the truck with the tractor, the tractor overturned, as a result of which the driver was crushed who succumbed to his injuries. The accident arose out of and during the course of employment, but in spite of this, the emp...
Tag this Judgment!Sohanlal Radheshyam Yadav and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-29-1994
Reported in: 1999(1)MPLJ342
ORDERD.P.S. Chauhan, J.1. The limitation of criminal appeals is provided under Article 115 of the Indian Limitation Act, 1963 which is 60 days from the date of the sentence and/or order. The present appeal is filed on behalf of the two accused persons, who were convicted in Sessions Trial No. 298/91 vide Judgment and order of the Third Additional Sessions Judge, Raipur dated 259-1993. The appeal is reported to be time barred by 13 days and an application for condonation of delay in filing the appeal has been filed wherein the learned counsel Shri S. L. Kochar has made two-fold prayer, one for permitting him for deleting the name of the appellant No. 1 Sohanlal from the array of the appellants; and the second for condoning the 13 days' delay in filing of the appeal.2. These two prayers relate to different items and the learned counsel is expected to know that one application is supposed to contain only one prayer. Joining of such prayers is not prepared.3. Learned counsel, in so far as ...
Tag this Judgment!Ramchandra Jagdish Vijaywargiya Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-29-1994
Reported in: 1995(0)MPLJ41
ORDERJ.G. Chitre, J.1. The applicant is praying for bail. He has been charged for committing offences punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act')2. Prosecution case is that on 9-9-1993 about 8.15 p.m. T.I.S.M. Khan in charge of P. S. Rajendra Nagar, Indore got information that a person wearing cream colour shirt and travelling in a private V.D.O. Coach bus bearing No. MPO-9 from Indore to Bombay was possessing brown sugar. Thereafter, the police took necessary steps and the applicant was caught in the said bus. 5 kgs. of brown sugar was found kept in a bag hanging on the shoulder of the applicant. The search was taken in presence of panch witnesses.3. Learned counsel for the applicant Shri M. A Khan with Shri J. K. Joshi submitted that important provisions of NDPS Act have not been complied with by the prosecution and that has resulted in injustice. He placed reliance on a judgment of Supreme ...
Tag this Judgment!Bharat Lal S/O Late Arjun Lal Awadhiya Vs. Bhanumati Wd/O Late Arjun L ...
Court: Madhya Pradesh
Decided on: Jul-29-1994
Reported in: 1995(0)MPLJ319
ORDERM.V. Tamaskar, J.1. This is an application arising out of an order dated 9-10-1992 passed in Criminal Revision No. 150/92 by the Second Additional Sessions Judge, Raipur, maintaining the order dated 31-12-1991 passed in Misc. Criminal Case No. 96 of 1990 by the Judicial Magistrate, First Class, Raipur, granting maintenance in favour of Smt. Bhanumati Awadhiya.2. Smt. Bhanumati Awadhiya is the mother of the applicant. She is living separately with her younger son and two daughters. Younger son runs a Pan-Thela and is not well placed in life. Out of the two daughters Mangla is a widow and a clerk in Irrigation Department, resides in the house along with her mother. Meena, the second daughter is youngest and unmarried and employed as a teacher. The present applicant elder son is employed in the Bank and gets a salary of Rs. 7,200/- per month. The non-applicant gets Rs. 100/- per month as rent from the part of the house she has given on rent and in the part she resides with her daught...
Tag this Judgment!Union of India (Uoi) Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-28-1994
Reported in: 1994(0)MPLJ942
ORDERT.S. Doabia, J.1. Union of India has taken resort to Articles 226 and 227 of the Constitution of India and seeks quashing of order Annexure X by which monetary liability to the extent of Rupees Fifteen thousand eight hundred sixty only has been imposed.2. The brief facts are as under :-Union of India required some land for providing dual railway track falling within the territorial limits of the State of Madhya Pradesh. Notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 were issued. Further steps were taken under Section 9 of the Act and the land which was subject-matter of acquisition came to vest in the Union of India free from all encumbrances. Executive Engineer, Central Railway, Jhansi, proceeded with the job of providing dual railway track. For this purpose, the ground level had to be raised. The railway administration resorted to lifting the earth from the vacant land acquired by it. In this way the requisite height for laying the dual railway tract was ...
Tag this Judgment!Harish Kumar Sharma and anr. Vs. Padmabai and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1994
Reported in: 1995(0)MPLJ603
ORDERT.S. Doabia, J.1. In this petition under Article 227 of the Constitution of India, a limited relief is claimed. The grievance of the petitioner is that the Motor Accident Claims Tribunal was not justified in fastening the liability on the petitioner and absolving the Insurance Company in the matter of grant of interim compensation.2. There is no doubt that this Court can exercise jurisdiction under Article 227 of the Constitution in this matter. In the case of M.D., Naveen Duniya v. Presiding Officer, Labour Court, 1991 MPLJ 114 = 1990 JLJ 766, it was held that under Article 227 of the Constitution power can be exercised and interference can be made with interim orders when they are passed arbitrarily. The same view has been expressed by this Court in the case of Dwarika v. Biso and Ors., AIR 1990 MP 258.3. The manner in which the accident took place is of no relevance for the purpose of this petition. The only question is whether at the time of passing of the interim award, the T...
Tag this Judgment!Shri Chand and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-28-1994
Reported in: 1995CriLJ3547
D.P.S. Chouhan, J.1. The present appeal is directed against the judgment and order dated 10-3-1986 passed by IIIrd Additional Sessions Judge, Rewa in S.T. No. 105/84.2. In the aforesaid sessions trial as many as 12 accused persons were sent for trial and their names are Shri Chand, Mullu alias Moolchand, Dulli, Daya Ram, Beni Madhav, Raghvendra, Brindra alias Brindawan, Chhotelal, Sushila, Ramgopal, Gulab Datt and Gaya Prasad. Out of 12 persons, accused Sushila and Gulab Datt were not tried as the charge-sheet against them was quashed by this Court. Rest of the 10 accused persons were put to trial.3. The occurrence as alleged was in respect of commission of a dacoity and accordingly aforesaid ten accused persons were charged under Section 395/397, I.P.C. According to the prosecution, the dacoity was committed in the house of Ashok Kumar (P.W. 1) and the dacoits were alleged to have been equipped with . deadly weapons, who in the process of committing dacoity caused injuries to Saroj Ti...
Tag this Judgment!5-s Limited Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jul-28-1994
Reported in: 1995(80)ELT52(MP)
ORDERU.L. Bhat, C.J.1. First petitioner is a Company having a factory for the manufacture of vegetable products falling under tariff item 13 of the First Schedule of the Central Excises and Salt Act, 1944. The petitioners state that the tariff rate on vegetable products is 10% ad valorem and the effective rate is 5% ad valorem under notification dated 28-2-1965. The petition refers to the notification of 1971 granting some concession in the matter of excise duty for vegetable products made from indigenous rice bran oil to the extent of Rs. 10/-per quintal subject to certain conditions. Petition also refers to Annexure-1 notification dated 15-10-1983 granting concession up to the extent of Rs. 30/- per quintal on certain conditions. The petitioners gave Annexure-1-A undertaking as required by Annexure-1 notification. The petitioners submitted return under Rule 173-C of the Central Excise Rules, 1944 on the basis of the tariff rate of 5%. The petitioners complain that the concession unde...
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