Madhya Pradesh Court July 1994 Judgments
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State of Madhya Pradesh Vs. Ramdeo Agrawal and anr.
Court: Madhya Pradesh
Decided on: Jul-13-1994
Reported in: 1995CriLJ1512
D.P.S. Chouhan, J.1. The respondents-accused were prosecuted under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short hereinafter referred to as 'the Act'). The sample of ground-nut oil was taken from the shop of Ramdev Agrawal, who was running a business of General Merchant-disc and the respondent No. 2 was prosecuted as it was sealed in his firm and it was purchaser and supplier. After the report of the Chemical Analyst, the Food Inspector filed a complaint before the Chief Judicial Magistrate, Ambikapur, district Surguja. 2. The trial Court acquitted the respondent No. 2 on the ground that the prosecution has failed to establish that the Shyam Brand Oil was manufactured by the firm known as 'Poonam Oil Industries' and further that the same was given to respondent No. 1 Ram Dev Agrawal for sale. In the absence of evidence on record, the respondent No. 2 was acquitted. Ramdev Agrawal was also acquitted by the trial Court vide its judgment and order dated 14-5-198...
indu Bai Vs. Ramesh Sakhre
Court: Madhya Pradesh
Decided on: Jul-12-1994
Reported in: II(1994)DMC604
N.P. Singh, J.1. This revision application is directed against the Order dated 21-3-90 passed by Sessions Judge, Chhindwara in criminal revision No. 76/89 whereby he allowed the revision, reversing the Order of A.C.J.M., Sausar, passed on 27-4-89 in M.Cr.C. No. 210/84.2. If Applicant, wife of non-applicant No. 1 moved an application Under Section ) 25 of the Code of Criminal Procedure before A.C.J.M. for grant of maintenance allowance to her as also to her 3 children on the ground that after one year of the marriage of the applicant the non applicant No. 1 developed intimacy with one Rajnibai and he passed most of his time with the said lady and neglected the applicant and her children who were born out of his wed-lock. Non-applicant No. 1 always treated her with cruelty and ultimately the non-applicant No. 1 turned her out from the house and locked the house. The applicant also informed the police by Annexure P-1 she also sent lawyer's notice under registered cover to the non-applican...
Ramratan Vs. Mst. Nanbai
Court: Madhya Pradesh
Decided on: Jul-11-1994
Reported in: I(1995)DMC17
N.P. Singh, J.1. This revision application is directed against the Order dated 7.2.89 passed by First Addl. Sessions Judge, Raigarh in Criminal Revision No. 33/89 whereby he set aside the Order of the Trial Court and granting maintenance allowance to the non-applicant at the rate of Rs. 150/- p.m.2. The non-applicant wife of the applicant had moved an application, under Section 125 of the Cr.P.C. before the Judicial Magistrate First Class, Saranggarh for grant of maintenance allowance to her.3. The case of the non-applicant was that she had married the applicant according to the Hindu rites on a Ramnami day. She lived with the applicant happily as his wife for about 3 years. One day, applicant sent to her parents house through one of his relatives, on the plea that he was going to Raigarh for appearing in Post Master examination and on his return from Raigarh he would bring her back to his house. She waited for 15 days for the arrival of the applicant, but the applicant did not turn up...
Ramratan Vs. Nanbai
Court: Madhya Pradesh
Decided on: Jul-11-1994
Reported in: I(1995)DMC349
1. This revision application is directed against the order dated 7.2.1989 passed by First Addl. Sessions Judge, Raigarh in Criminal Revision No. 33/88 whereby he set aside the order of the Trial Court and granting maintenance allowance to the non-applicant at the rate of Rs. 150/- p.m.2. The non-applicant wife of the applicant had moved an application, under Section 125 of the Cr. P C. before the Judicial Magistrate First Class, Saranggarh for grant of maintenance allowance to her.3. The case of the non-applicant was that she had married the applicant according to the Hindu rites on a Ramnami day. She lived with the applicant happily as his wife for about 3 years. One day, applicant sent to her to parents house through one of his relatives, on the plea that he was going to Raigarh for appearing in Post Master examination and on his return from Raigarh he would bring her back to his house. She waited for 15 days for the arrival of the applicant but the applicant did not turn up. Then, s...
Major General R.S. Taragi, Dy. Commandant, College of Combat Vs. Union ...
Court: Madhya Pradesh
Decided on: Jul-08-1994
Reported in: 1994(0)MPLJ986
ORDERA.R. Tiwari, J.1. Considering himself aggrieved by non-selection to the rank of Lieutenant General, the petitioner, a Major General liable to be superannuated on 31-7-1994 has sought expunction of certain portions in his ACRs and reconsideration of his case for promotion by issuance of appropriate writs in this petition presented under Article 226 of the Constitution of India.2. Facts are jejune. Commissioned in the Rajput Regiment of the Indian Army on 15th December, 1957, the petitioner by exhibition of special qualities of excellence and efficiency, rose to the rank of Major General in February, 1987. He successfully and satisfactorily handled various appointments as Chief of Staff, General Officer Commanding 26 Infantry Division, Addl. Director General and Joint Director. He passed M.Sc. (Defence Studies) from Madras University in January 1990 in First Division. He has to his credit distinction of holding important and sensitive appointments. During the period between April, 1...
Rajendra Kumar S/O Ramdas Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-07-1994
Reported in: 1995(0)MPLJ9
ORDERU.L. Bhat, C.J.1. This case has been referred to a Full Bench by a Division Bench at Gwalior in view of conflict. between Division Bench decisions of this Court in Ramsewak v. State of M. P. and another, 1993 (2) M.P.J.R. 111; Bankar v. State of M. P., M. P. No. 2 of 1987 and Tularam v. State of M. P., M.C.C. No. 339 of 1990 = 1991 (2) MPWN 53. Since none appeared for the petitioner, we heard learned Government Advocate and Shri S. L. Saxena, who assisted the Court.2. Petitioner was convicted by the Sessions Court, Gwalior under Section 302, Indian Penal Code on 23-2-1988 and sentenced to undergo imprisonment for life. He was an undertrial prisoner from 1-10-1985 to 9-10-1986 (one year and 8 days). Thereafter, he underwent the sentence from 23-2-1988 till the date of filing of the petition on 19-7-1993 (5 years, 4 months and 26 days). He earned remission of 2 years and 3 months. The total of these periods would be 8 years, 8 months and 24 days. It appears he was on interim bail fo...
Rajendra Kumar Vs. State Govt. of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-07-1994
Reported in: 1995CriLJ303
ORDER1. The Order of the Court was delivered by U.L. Bhat, C.J. This case has been referred to a Full Bench by Division Bench at Gwalior in view of conflict between Division Bench decisions of this Court in Ramsewak v. State of M.P., (1993) 2 MPJR 111 (FB). Bankar v. State of M.P., MP No. 2 of 1987: (1988 MPLJ 369) and Tularam v. State of M.P., MCC No. 339 of 1990: (1991) 2 MPWN 53. Since none appeared for the petitioner, we heard learned Government Advocate and Shri S.L. Saxena who assisted the Court.2. Petitioner was convicted by the Sessions Court, Gwalior under Sections 302, I.P.C. on 23-2-1988 and sentenced to undergo imprisonment for life. He was an under-trial prisoner from 1-10-1985 to 9-10-1986 (one year and 8 days). Thereafter, he underwent the sentence from 23-2-1988 till the date of filing of the petition on 19-7-1993 (5 years, 4 months and 26 days). He earned remission of 2 years and 3 months. The total of these periods would be 8 years, 8 months and 24 days. It appears th...
Sherbabe Vs. State Tpt. Appellate Tribunal and ors.
Court: Madhya Pradesh
Decided on: Jul-07-1994
Reported in: I(1995)ACC22
D.M. Dharmadhikari, J.1. The petitioner was a holder of regular contract carriage permit No. 327/88 to ply 23 seaters vehicle which was valid upto 6.6.80. The petitioner applied for renewal of the said permit for a period of five years. The application was published under Section 57(3) of the Motor Vehicles Act, 1939, now repealed by the M.P. Motor Vehicles Act, 1988. During the pendency of the renewal application, the original permit holder-Mohammad Hussain-expired on 12.12.79 and the present petitioner is his widow who applied for substitution of her name in the application for renewal and transfer of the permit. The renewal was objected to only by the M.P. State Road Transport Corporation on the ground that it would effect the nationalisation scheme No. 64-M, 70-M, 78,79 and 83. The objection was that the renewal cannot be granted under Section 68-F(1-D) of the repealed Act.2. The Regional Transport Authority, Indore did not pass any order on the application for renewal of the permi...
indore Dugdha Sangh Sahakari Maryadit Vs. Asst. Labour Commissioner an ...
Court: Madhya Pradesh
Decided on: Jul-06-1994
Reported in: (1995)ILLJ699MP
A.R. Tiwari, J.1. The petitioner is a society registered under the M.P. Co-operative Societies Act; 1960. The Respondent No. 2 was in the employment with the petitioner. His services were terminated by order No. 7528 dated July 25, 1986 (Annexure-A). Aggrieved with the termination, the respondent No. 2 approached the respondent No. 1 under Section 10 of the Industrial Disputes Act, 1947 seeking reference of the dispute to Respondent No. 3. The respondent No. 1 accepted the prayer and referred the dispute vide order dated June 10, 1987 (Annexure B). The respondent No. 3, on receipt of the reference, decided the dispute in favour of the respondent No. 2 and passed the award on January 6, 1993 (Annexure C). By the aforesaid award, the order of termination was set aside and the petitioner was directed to reinstate the respondent No. 2 with backwages. The petitioner maintained that the award was a nullity as having been passed without jurisdiction but complied with the order by reinstatemen...
Suresh Babu Nath Vs. Hargovind Batham and ors.
Court: Madhya Pradesh
Decided on: Jul-04-1994
Reported in: II(1995)ACC594; 1995ACJ654; AIR1995MP82
T.S. Doabia, J. 1. Suresh Babu Nath claimant has preferred this appeal against the award given by the Third Additional Motor Accident Claims Tribunal Gwalior, whereby the Tribunal concluded that he was not entitled to claim any compensation as there was no negligence on the part of the State or its employees. After recording this finding, a further direction has also been given that the appellant is to refund a sum of Rs. 7,500/- received by him towards no fault liability. 2. The brief facts of this case are as under. 3. It is alleged that an accident took place in the early hours of the morning of 26th Jan., 1988. The manner in which the accident tookplace was disputed by both the sides. The vehicle which was involved in the accident bears registration No. CPZ 52. This jeep is owned by the State Government. The driver of this vehicle was one Hargovind. According to him, he had parked this vehicle near the residence of Tahsildar on the left side of the road. He had gone to inform the T...
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