Madhya Pradesh Court July 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ramkrishna Chaurasia Vs. M.P.S.R.T.C. and ors.
Court: Madhya Pradesh
Decided on: Jul-25-1994
Reported in: 1995(0)MPLJ612
ORDERT.S. Doabia, J.1. This is a petition under Articles 226 and 227 of the Constitution of India. The prayer made by the petitioner is that departmental proceedings initiated against him should remain in abeyance because a criminal case with regard to the very facts which are going to form part of departmental proceedings has been registered against him.2. When the matter was taken up for motion hearing Shri A. K. Shrivastava, Advocate was asked to take notice of the petition and he has appeared on behalf of respondents.3 The brief facts are as under :4. The petitioner is a Conductor in Madhya Pradesh Road Transport Corporation. On 16th June, 1992 the petitioner was on duty with bus No. 1420 attached with Gwalior Depot. While this bus was on its way from Lahar to Gwalior, the inspecting staff found that tickets to thirtyseven-and-half passengers had not been issued. Accordingly a case under Sections 7 and 9 of the Bina Ticket Yatra Ki Rok Adhiniyam, 1974 was registered against the pet...
Jhingai Alias Chingai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-22-1994
Reported in: 1995CriLJ2528
D.K. Jain, J.1. Appellant Jhingai alias Chingai son of Hardeo, stands convicted and sentenced to rigorous imprisonment for three years and a fine of Rs. 1,000/- and. in default of payment of fine, to undergo further rigorous imprisonment for three months under Section 376 of the Indian Penal Code, by the Third Additional Sessions Judge, Durg, in Sessions Trial No. 34 of 1986, decided on 24-7- 1987, which is under challenged in this appeal.2. According to the prosecution, prosecutrix Punnibai wife of Harilal Satnami, aged about 35 years, was living in a hut at Khursipar Gate, Hazarilal was working in S.S.P. Appellant Jhingai was the landlord of the hut, in which Punnibai was residing with her two children, one aged about 4-5 months and the other was aged about 2 1/2 years. Punnibai had delivered a child, which was aged about 4-5 months at the time of the incident, after undergoing a major operation. Punnibai had gone to her parents' place at Raipur and she returned along with her childr...
Virendra Narad Vs. Amra Ram Chaudhary and ors.
Court: Madhya Pradesh
Decided on: Jul-22-1994
Reported in: II(1994)ACC566
I. Panduranga Rao, J.1. The sole claimant, whose claim for recovery of damages under the provisions of Motor Vehicles Act has been dismissed by the Motor Accident Claims Tribunal, Bilaspur, has preferred this appeal.2. The facts arising out of the appeal are briefly as follows: The appellant, who is an Advocate, was going on his motor-cycle on 31. 12.1983 at 5.00 p.m. with his companion Shri Pawan Kumar Bajaj, Advocate travelling on the pillion. The claimant's contention is that respondent No. 1 who was driving the Jeep No. MPL 8125 suddenly turned to the right side without any indication after taking over the appellant, and that a cycle-rickshaw puller who was coming in the opposite side had suddenly turned his rickshaw to the right side resulting in the collision between the cycle-rickshaw and the appellant's motor-cycle. The. appellant immediately reported the matter to the Police Station Korba, which was registered as Cr. Case No. 51/84 in the Court of Judicial Magistrate of First ...
Govt. Nehru Degree College Vs. Ashok Kumar Verma and ors.
Court: Madhya Pradesh
Decided on: Jul-21-1994
Reported in: (1995)ILLJ287MP
ORDERT.S. Doabia, J.1. The petitioner Government Nehru Degree College, Sabalgarh District, Morena is aggrieved against the award given by the Presiding Officer, Labour Court No. 1, Gwalior. By this award dated February 27, 1993, the Labour Court came to the conclusion that respondent No. 1 had completed 240 days of continuous service in one calendar year and as the case fell under Section 25F of the Industrial Disputes Act, 1947 it found no other option but to quash the order of termination. While doing so, back wages were also given.2. So far as interpretation of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short) is concerned, it is settled that every termination which may be brought about in any manner would be covered by the term retrenchment. In The State Bank of India v. Shri N. Sundara Money, (1976-I-LLJ-478)(S.C) a Bench of three Judges consisting of Chandrachud, J., (as he then was), Krishna Iyer, J., and Gupta J., considered the q...
Mohammad Ibrahim Mohammad Yusuf Vs. Imdadulla Haji Abdul Sattar and or ...
Court: Madhya Pradesh
Decided on: Jul-21-1994
Reported in: 1995(0)MPLJ255
D.P.S. Chauhan, J.1. The present appeal by Mohammad Ibrahim is directed against the order dated 20th February, 1991 passed by Shri R. D. Kabra, Additional District Judge, Burhanpur, district Khandwa under Section 341 of Criminal Procedure Code. The appeal is filed against 6 persons, namely, Imdadulla, Akhtar Hussain Asif, Saiyad Jafar Ali, Abdul Majid, Nairn Akhtar and Mohd. Ismail.2. The facts of the case as are relevant for the purpose of present appeal are as :-(a) That warrant of possession over immovable property was issued against the aforesaid respondents Nos. 1 to 6 on 1-2-1991 by Additional District Judge, Burhanpur in T. C. Execution Case No. 116/2/88. In the said case the respondents made an application on 11-2-1991 through a lawyer Shri Bipat, which was accompanied with an affidavit filed by Shri Abdul Majid, the respondent No. 4 in the present appeal, and this affidavit is the foundation for action under Section 340, Criminal Procedure Code.3. Heard Shri Fakhruddin, Senior...
Shakuntalabai Vs. Nand Kishore Joshi
Court: Madhya Pradesh
Decided on: Jul-20-1994
Reported in: I(1995)DMC113
J.G. Chitre, J.1. The petitioner, Smt. Shakuntalabai w/o Nandkishore Joshi is hereby challenging correctness, property and legality of the order passed by the Judicial Magistrate, First Class, Mhow in the matter of M.Cr.C.No. 116/86 dated 13.3.90 as well as the order passed by Addl. Sessions Judge, Mhow in the matter of Cr.R. 12/90 dated 19.11.91.2 As I gather from the arguments of Shri Umesh Maheshwari the petitioner has a grievance that though the Court order granting alimony in favour of Shakuntala at Rs. 200/- per month payable by her husband Nandkishore Joshi, when an application was made for execution of that order, the learned Magistrate did not send Nandkishore Joshi to jail. It also appears to be grievance of the petitioner, as depicted by the arguments advanced, that though the petitioner is having two houses belonging to him, learned Magistrate unnecessarily gave importance to the report of a police constable indicating that Nandkishore Joshi does not possess any movable pro...
Western Coalfields Ltd. Vs. Notitied Area Committee, Dongar-parasia an ...
Court: Madhya Pradesh
Decided on: Jul-19-1994
Reported in: AIR1995MP46
U. L. Bhat, C.J. 1. The petitioner is a company whose share capital is owned by the Government of India. It owns properties situated within the Notified Area Committee Dongar-Parasia, the first respondent. Second respondent is the Chief Municipal Officer of the first respondent. Annexure-1 is a copy of the demand notice dated 18-2-1981 issued by the second respondent calling upon the petitioner to pay house tax and lighting tax for the period from 1975-76 to 1979-80. Annexure-2 is a similar notice dated 18-2-1981 issued demanded house tax and lighting tax for the year 1980-81. Petitioner has filed the writ petition challenging these two demand notices on the ground of lack of competence. At an earlier stage the writ petition was allowed on the ground that the State Government had not published any notification imposing property tax or lighting tax in the notified area. It appears that only draft notifications were sent down to the committee. Respondents filed an application for reviewi...
Darwari Lal Gyaprasad Dubey and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-19-1994
Reported in: 1995(0)MPLJ521
ORDERP.N.S. Chouhan, J.1. Special Judge, Chhatarpur, vide order dated 27-9-1989 passed in Special Case No. 2 of 1988 framed charges under Section 7 read with Section 3 of the Essential Commodities Act against the two accused persons for having committed breach of certain clauses of the M. P. (Foodstuffs) Civil Supply Distribution Scheme read with the relevant provisions of the M. P. Foodstuffs (Distribution Control) Order, 1960. They challenged the framing of such charges and prayed for quashing of proceedings against them in Criminal Revision No. 501/1989. Their contention was that the aforesaid Scheme having been made in exercise of the executive power of the State, it did not form part of the Control Order of 1960 made under Section 3 of the Essential Commodities Act. As such, there was no legal basis for their criminal prosecution and the proceedings were liable to be quashed. To support their contention, reliance was placed on Mohan v. State of M. P., Cri. Appeal No. 520/1987 deci...
Darwari Lal Dubey Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-19-1994
Reported in: 1995CriLJ1521
P.N.S. Chouhan, J.1. Special Judge, Chhatarpur, vide order dated 27-9-1989 passed in Special Case No. 2 of 1988 framed charges Under Section 7 read with Section 3 of the Essential Commodities Act against the two accused persons for having committed breach of certain clauses of the M. P. (Foodstuffs) Civil Supply Distribution Scheme read with the relevant provisions of the M. P. Foodstuffs (Distribution Control) Order, 1960. They challenged the framing of such charges and prayed for quashing of proceedings against them in Criminal Revision No. 501/1989. Their contention was that the aforesaid Scheme having been made in exercise of the executive power of the State, it did not form part of the Control Order of 1960 made Under Section 3 of the Essential Commodities Act. As such, there was no legal basis for their criminal prosecution and the proceedings were liable to be quashed. To support their contention, reliance was placed on Mohan v. State of M.P. Cri. Appeal No. 520/1987 decided on ...
Commissioner of Income-tax Vs. Indian Aluminium Industries
Court: Madhya Pradesh
Decided on: Jul-18-1994
Reported in: [1994]210ITR737(MP); 1995(0)MPLJ206
U.L. Bhat, C.J. 1. This is a reference made by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue. The following two questions have been referred to the High Court :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that interest under Section 217(1A) of the Act could not be levied for the assessment year 1976-77 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law to have taken note of the fact that penalty proceedings under Section 273(c) has been dropped in the case of the assessee for the purpose of levy of penal interest under Section 217(1A)?' 2. The matter relates to the assessment year 1976-77, The respondent therein had been assessed for the previous years. In the year concerned, a notice dated November 27, 1975, under Section 210 of the Act was issued to the respondent on the basis of assessed income of Rs. 4...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- Next ›
- Last »