Madhya Pradesh Court August 1994 Judgments
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Saroj Bai Vs. Jai Kumar Jain
Court: Madhya Pradesh
Decided on: Aug-11-1994
Reported in: II(1995)DMC589
U.L. Bhat, C.J.1. Petitioner in Criminal Revision No. 346 of 1994, (who is a respondent in M.Cr.C. No. 3162 of 1994) is the wife of the respondent therein, who is the petitioner in M.Cr.C. No. 3162 of 1994. In 1982, the wife filed an application under Section 125 of the Code of Criminal Procedure, 1973 (for short the Code) seeking an order directing the husband to pay her maintenance allowance of Rs. 200/- per month, alleging that though he has means to maintain her, he has neglected to do so. The husband denied that she was entitled to separate maintenance. The Judicial Magistrate, First Class, Raghogarh, on consideration of evidence passed an order on 13.4.1987, allowing the application and directing the husband to pay maintenance at the rate of Rs. 200/- per month from 19.1,1982, the date of application till December, 1986. The husband filed revision in the Sessions Court, Guna which allowed the revision in part, reducing the quantum of maintenance from Rs. 200/- to Rs. 50/- per mon...
Saroj Bai W/O Jai Kumar JaIn Vs. Jai Kumar Jain
Court: Madhya Pradesh
Decided on: Aug-11-1994
Reported in: 1994(0)MPLJ928
ORDERU.L. Bhat, C.J.1. Petitioner in Criminal Revision No. 346 of 1994, (who is a respondent in M.Cr.C. No. 3162 of 1994) is the wife of the respondent therein, who is the petitioner in M.Cr.C. No. 3162 of 1994. In 1982, the wife filed an application under Section 125 of the Code of Criminal Procedure, 1973 (for short the Code) seeking an order directing the husband to pay her maintenance allowance of Rs. 200/- per month, alleging that though he has means to maintain her, he has neglected to do so. The husband denied that she was entitled to separate maintenance. The Judicial Magistrate First Class, Raghogarh. on consideration of evidence passed an order on 13-4-1987, allowing the application and directing the husband to pay maintenance at the rate of Rs. 200/- per month from 19-1-1982, the date of application till December 1986. The husband filed revision in the Sessions Court, Guna which allowed the revision in part, reducing the quantum of maintenance from Rs. 200/- to Rs. 50/- per ...
Suresh Chandra Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-11-1994
Reported in: 1995(80)ELT503(MP)
N.S. Chouhan, J.1. The appellant in this appeal challenges his conviction Under Section 8-C read with Section 20B(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter the said Act) and sentence of four years R.I. and a fine of Rs. 5,000.00 in default R.I. for one year, recorded vide judgment dated 25-7-1991 in Special Criminal Case No. 24/94 by Special Judge Jabalpur, Shri N.S. Azad.2. The prosecution case is that on 28-3-1994 at 9.10 P.M. Shri U.S. Sikarwar (PW-3), Station House Officer Lordganj, while on patrol received information that the appellant had kept illicit Ganja in his house for sale. On receiving this information, Shri Sikarwar accompanied by Asstt. Sub-Inspector of Police Shri N.P. Tiwari (not examined) and Head Constable Shri Krishna Kumar (PW-1) went to Niwadganj where the appellant resides. Appellant's house was searched by Shri Sikarwar in presence of independent witnesses, namely, Mahesh Prasad (PW-1) and Sudesh Jain (PW-2). Inside the room an...
M.P. State Road Transport Corporation Vs. Vaijanti and ors.
Court: Madhya Pradesh
Decided on: Aug-10-1994
Reported in: II(1994)ACC604; 1995ACJ560; AIR1995MP122
S.K. Dubey, J. 1. The Madhya Pradesh State Road Transport Corporation (MPSRTC) has preferred this appeal under. Section 173 of the Motor Vehicles Act, 1988, against the award dated 31-1-1992, passed in Claim Case No. 2 of 1987, by Second Additional Motor Accident Claims Tribunal, Shivpuri, for short, the 'Tribunal'.2. Material facts giving rise to this appeal are these. One Suresh Kulkarni, aged about 37 years, working as Welfare Officer in the State Bank of India at Shivpuri Branch, drawing monthly salary at the rate of Rs. 2,415/-, was travelling on 3-7-1983 as a passenger in passenger bus, owned by the MPSRTC, No. MPE 2600. The said bus was being driven by Laxmi Narain, respondent No. 4, during the course of his employment under the MPSRTC. While the bus was coming from Indore and going towards Bhind, near Badarwas, District Shivpuri, a truck No, URC 3981, owned by respondent No. 5, driven by one Chandgiram, the driver, and insured by New India Insurance Co., the respondent No. 6, w...
Rajendra Bissani Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-09-1994
Reported in: 1995(77)ELT68(MP)
ORDERA.R. Tiwari, J.1. Impelled by the surge of an urge to avert preventive detention pursuant to order dated 3-5-1994 (Annexure R/1) passed by the Additional Chief Secretary to Government, Home Department (Special) Government of Gujarat, Sachivalaya, Gandhinagar, in excercise of powers under Sub-section (i) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, 'the Act') and on the strength of Government Order dated 14th Nov. 1990, the petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking quashment of the aforesaid order on the ground of its having been passed for wrong purpose.2. Briefly stated the facts of the case are that the petitioner is a resident of Indore. On 20-2-1993, officers of Customs (Prevention) and officers of Customs and Central Excise, Indore raided the factory allegedly belonging to one Babulal Dhanraj Mohta situate- at village Delsor Dohad, District Panchmahal and...
State of Madhya Pradesh Vs. Trilokchandra Goyal
Court: Madhya Pradesh
Decided on: Aug-05-1994
Reported in: 1995CriLJ3400
D.P.S. Chouhan, J.1. The present appeal is an appeal against acquittal filed by the State of Madhya Pradesh.2. The brief facts of the case are that M/s Hard Boiled Sugar Confectionary, Ambikapur is a Firm of which Trilokchandra, the respondent, is the proprietor. The Firm is manufacturing Lemon drops. The Local (Health) Authority Ex. Officio Director Food & Drug Administration Ambikapur found the said Lemondrops displayed for sale. He asked for the licence for selling the said Lemondrops, relating to the year 1984-85 but the same was not produced. The said Lemondrops were found doubtful having been mixed with colour and as such samples of the said Lemondrops were taken by the said Officer after completing the formalities. The quantity of the samples were 900 grms. and were purchased for Rs. 5.85 receipt whereof was also issued. Samples obtained were divided into three parts and were sealed in the polythin packets. One of the samples was sent to the public Analyst and the public Analyst...
Surendra Kumar Chourasia Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-04-1994
Reported in: 1994(0)MPLJ947
ORDERU.L. Bhat, C.J.1. This is an application filed by the accused Surendra Kumar in Crime No. 284 of 1993 of Police Station, Sihora, District Jabalpur for grant of anticipatory bail under Section 438 of Code of Criminal Procedure, 1973. The application was opposed by the learned Government Advocate.2. Learned Judge before whom bail matter came up for consideration at an earlier stage passed an order restraining the petitioner's arrest. One of us who had occasion to deal with the case at a later stage doubted the legality of the interim order restraining the arrest and referred the matter to Division Bench.3. The petitioner married Mst. Sarojabai. On 25-5-1993, she sustained burn injuries and was taken to the hospital. Police was given information and parents were also informed. A case was registered against the petitioner for offence under Section 306 and Section 201 of the Indian Penal Code. This Court granted him anticipatory bail. Mst. Sarojabai succumbed to the injuries on 3-6-199...
Om Prakash Agrawal and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-04-1994
Reported in: 1995(0)MPLJ355
ORDERU.L. Bhat, C.J.1. First petitioner is the owner of a truck of which second petitioner is the driver. According to them, one Kanwal Singh cut the trees in his land as per licence issued by the competent authority and entrusted them to first petitioner for being transported to Raipur as firewood. Firewood was transported on several occasions as per transit passes issued by the competent authority. In the midnight intervening 27th and 28th of December, 1983, the truck with firewood stopped at Urdana Forest Check Post. The Forest Officers believed that the date found in the transit pass was manipulated by overwriting. Suspecting commission of a forest offence, the truck and the contents were seized. First petitioner and the department compounded the offence for a total amount of Rs. 700/-. Thereafter, second respondent, Divisional Forest Officer, passed an order confiscating the truck, giving an opportunity to the first petitioner to pay Rs. 70,000/- and take back the truck. This orde...
R.K. Traders Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-04-1994
Reported in: 1995(0)MPLJ728
ORDERU.L. Bhat, C.J.1. Petitioners in some of these writ petitions challenge notification dated 17-1-1990 amending condition 2-C in Form FL-1 in the Foreign Liquor Rules (for short the FL Rules) framed by the State Government under the provisions of the M. P. Excise Act, 1915 (hereinafter called 'the Act of 1915'). What is challenged in other writ petitions is a similar notification dated 31-3-1978 amending Condition 2-C in Form-CS-3 of' the Country Spirit Rules (for short 'the C.S. Rules') framed by the Government under the provisions of the Act of 1915. The petitioners have, in public auction under the provisions of the Act and the respective rules, become the successful bidders in regard to foreign liquor shops or country liquor shops, as the case may be, and have bean granted licences under the appropriate rules. Condition 2-C in the two sets of rules requires the licensee to take for sale from the warehouse the minimum quantity of liquor (referred to hereinafter as 'Quota') which ...
Surendra Kumar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-04-1994
Reported in: 1995CriLJ1517
U.L. Bhat, C.J.1. This is an application filed by the accused Surendra Kumar in Crime No. 284 of 1993 of Police Station, Sihora, District Jabalpur for grant of anticipatory bail under Section 438 of Code of Criminal Procedure, 1973. The application was opposed by the learned Government Advocate.2. Learned Judge before whom bail matter came up for consideration at an earlier stage passed an order restraining the petitioner's arrest. One of us who had occasion to deal with the case at a later stage doubted the legality of the interim order restraining the arrest and referred the matter to Division Bench.3. The petitioner married Mst. Sarojabai. On 25-5-1993, she sustained burn injuries and was taken to the hospital. Police war, given information and parents were also informed. A case was registered against the petitioner for offence under Section 306 and Section 201 of the Indian Penal Code. This Court granted him anticipatory bail. Mst. Saroja bai succumbed to the injuries on 3-6-1993. ...
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