Madhya Pradesh Court July 1995 Judgments
Smt. Vimla Ladkani Vs. Dr. Chandra Prakash Ladkani
Court: Madhya Pradesh
Decided on: Jul-31-1995
Reported in: AIR1996MP86; I(1996)DMC142; 1995(0)MPLJ975
Tej Shankar, J.1. This appeal under Section 28 of the Hindu Marriage Act, has been preferred by the wife against her husband against the judgment and decree dated 6-9- 1994, passed by Smt. Manjusha Namjoshi, the then Seventh Additional Judge to the District Judge, Gwalior, whereby a decree for divorce was passed against the appellant on the petition of the respondent under Section 13 of the Hindu Marriage Act.2. Admittedly, the parties were married according to Hindu rites at Gwalior on 4-12-1977 and out of the union, three sons, namely, Pankaj, Kapil and Ravi ware born. The relationship between the parties was cordial and the couple was regarded as a respectable family. At the time of marriage, the petitioner's mother-in-law was residing at Na Sadak, Lashkar, but later on, she started living in the first floor of the house of the petitioner which he tolerted in order to avoid-any unpleasantness. One Mohan Sindhi used to visit the house of the respondent's mother. Respondent too had de...
Tag this Judgment!Parasnath Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1995
Reported in: [1997]225ITR365(MP)
T.S. Doabia, J. 1. This order shall dispose of sixteen writ petitions, preferred under Article 226 of the Constitution of India.2. These petitions have arisen under the following circumstances :The income-tax authorities issued warrant of authorisation under Sections 132 and 132A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). Cash and ornaments were required to be delivered to the officer issuing the warrant. These warrants were issued on the happening of different events in different petitions. Twelve petitions arise out of one happening. Two petitions pertain to another event, whereas other two petitions deal with different separate and distinct facts.Facts in twelve petitions are as under : 3. On June 9, 1990, one Nirbay Kumar was found at the railway station Gwalior. He was travelling by the Kerala Express. This train left the town of Salem and was on its way to Delhi. The Station Incharge of the Government Railway Police (Broad Gauge), Gwalior, found that the ...
Tag this Judgment!Shashi Kumar Mishra Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1995
Reported in: 1996(0)MPLJ237
ORDERS.K. Dubey, J.1. By this petition under Articles 226/227 of the Constitution of India, the petitioner seeks a writ of mandamus commanding the respondents to award him disability pension.2. The petitioner was in defence services as Gunner No. 14463928H. He was sent on training at Hyderabad. The petitioner while undergoing recruitment training at Artillery Centre, Hyderabad, was granted 15 days casual leave w.e.f. 31-5-1981 to 13-6-1981 to proceed to his home town at public expense. The petitioner, while, travelling from Hyderabad to Satna in Dakshin Express, sustained crush injury in little and ring fingers of right hand on 31-5-1981 at about 1700 hrs. in train accident at Itarsi. As a result of the injury, the petitioner on examination by the Medical Board was invalidated out of service in medical category (EEE) w.e.f. 4-11-1981 under Rule 13(3) item III (iii) of Army Rules, 1954, however, Medical Board recommended him fit for suitable civil employment. The case of the petitioner ...
Tag this Judgment!Rekhabai Vs. Ramlal
Court: Madhya Pradesh
Decided on: Jul-28-1995
Reported in: II(1995)DMC539
J.G. Chitre, J. 1. This revision is decided finally for the purpose of avoiding any obstruction to the hearing of the matrimonial petition which has been fixed on 11.8.1995.2. Mr. S.K. Jain pointed that in para 7 of the impugned order, the Court has recorded a finding that opponent Ramlal does the work as labourer for earning wages. He pointed further that in subsequent para 8, it has been mentioned by the Court that the husband Ramlal does not have sufficient means to maintain his wife Rekhabai and to pay her pendente life alimony and expenses of litigation.3. Ramlal, opponent, who argued the matter in person, pointed the order of this Court in the matter of C.R. 32/94 dated 24.2.1994 and submitted that in view of that order, the present petition needs to be dismissed. He has also moved an application to that effect.4. When a quarry was made by the Court to opponent Ramlal for asking him as to how he is spending for typing and other expenses of litigation, he stated in open Court that...
Tag this Judgment!Nagar Palika Parishad Vs. Krishi Upaj Mandi Samiti and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1995
Reported in: 1996(0)MPLJ960
ORDERT.S. Doabia, J.Shri K.B. Chaturvedi, Advocate for the petitioner.Shri R.A. Roman, Advocate for the respondents.1. Heard.The Nagar Palika Parishad, Guna is aggrieved against orders Annexures P/1 and P/2 vide which it has been held that Krishi Upaj Mandi Samiti, Guna is not legally bound to pay property tax under the provisions of M. P. Municipalities Act, 1961.2. The liability to pay property tax is governed by Section 127-A of the aforementioned Act. Under sub-section (2) of Section 127-A of the Act certain exceptions have been carved out. It would be relevant to notice the aforementioned provisions :'127-A Imposition of property tax. - (1) Notwithstanding anything contained in this Chapter as from the Financial Year 1976-77, there shall be charge levy and paid for cash financial year on tax on land or building, both situate in Municipal area other than Class IV , Municipality at the rates specified below :(2) the property tax levied under sub-section (1) shall not be leviable in ...
Tag this Judgment!R.N. Gupta and anr. Vs. Jawaharlal Nehru Krishi Vishwavidyalaya
Court: Madhya Pradesh
Decided on: Jul-28-1995
Reported in: 1996(0)MPLJ507
ORDERS.K. Dubey, J.1. The two petitioners were prosecuted under Section 161 of the Indian Penal Code, and Section 5(l)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947, in Special Criminal Case No. 18/86 in the Court of 2nd Additional Sessions Judge, Jabalpur. The Special Court vide judgment dated 21-10-1994 (Annexure-P/1) convicted the two petitioners under Section 161 of the Indian Penal Code and sentenced them to one year R.I. with fine of Rs. 1,000/- to each and further convicted under Section 5(l)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 to one year R. I. and fine of Rs. 1,000/- to each. Aggrieved of the said judgment of conviction the petitioners preferred a Criminal Appeal No. 1343/94 before this Court, wherein an application under Section 389(1) of the Criminal Procedure Code was also filed to suspend the sentence, wherein vide order dated 10-11-1994 (Annexure-P/2), the sentence of imprisonment only of the petitioners was suspended ...
Tag this Judgment!Shri Ishar Alloy Steel Ltd. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1995
Reported in: 1996(54)ECC139
ORDERDeepak Verma, J.1. Today the matter was listed for hearing arguments on I.A.No. 3211/95, which is an application for early hearing of the petition itself. Counsel for the parties have informed the court that in similar other seven petitions final orders have been passed by this Court, on 9.9.1994 and on the same lines, this petition can also be disposed of.2. Thus, with the consent of the parties this petition is finally heard.3. In M.P. No. 779/89 (Bajaj Tempo Ltd. v. Union of India and Ors.) Decision of single Judge in M.P. No.779/89 has been affirmed by Division Bench in Union of India v. Bajaj Tempo Ltd. : 1995ECR40(MP) . A detailed order has been passed by this Court and consequently the show-cause notices issued to the petitioners demanding duty and penalties were quashed. It was held that the same were without the authority of law, thus being without jurisdiction.4. The copy of the said decision was placed before this Court. In view of the above decision, this petition is a...
Tag this Judgment!Smt. Rambai Vs. Ramesh Kumar
Court: Madhya Pradesh
Decided on: Jul-27-1995
Reported in: AIR1996MP144; 1996(0)MPLJ91
ORDER1. This is a revision under Section 23-E(2) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter called 'the Act') against the order dated 26-6-1993 of dismissal of the application for eviction, passed by the Rent Controlling Authority (Sub-Divisional Officer) Dhamtari (for short RCA)in Rev. Case No. 124/90/8/1991-92.2. Facts giving rise to this revision are thus-- The petitioner admittedly is the landlady of the non-residential accommodation, the suit shop, situated in front of old Bus-stand, Dhamtari, area 6 x 15 feet of which respondent is a tenant on a monthly rent of Rs. 150/- per month. The petitioner filed an application under Section 23-A(b) of the Act for seeking eviction of the suit shop on bona fide requirement, for her son for the purpose of starting his own business of motor cycle scooter repairing. The petitioner's son is a Mechanic and. since last five years, working on a meagre pay of Rs. 500/- per month at Arun Jain Scooter House. The petitioner clai...
Tag this Judgment!FirojuddIn and ors. Vs. Kalpana and ors.
Court: Madhya Pradesh
Decided on: Jul-27-1995
Reported in: 1996ACJ482
R.D. Shukla, J.1. This appeal is directed against the judgment and award dated 16.6.1987 of M.A.C.T., West Nimar (Mandleshwar), passed in Claim Case No. 121 of 1985 whereby the claimants-respondents have been awarded a compensation of Rs. 1,65,000/- for the death of Shyam Kumar Sharma in a motor accident on 17.2.1985 near culvert of village Jamli. This appeal has been filed by the appellants-non-applicants (including insurance company). A cross-objection against the award has also been filed by respondents-claimants.2. This is not in dispute that the respondents are legal heirs of Shyam Kumar Sharma. The appellant-N.A. No. 1 is owner of motor bus MBU 400, the same was being driven by appellant-N.A. No. 2 at the relevant time and was insured with appellant-N.A. No. 3. Shyam Kumar was working as Assistant Engineer, he was admitted to Choitram Hospital and died on 22.2.1985 because of the injuries sustained by him in the accident.3. The brief history of the case is that Shyam Kumar Sharma...
Tag this Judgment!Gopinath Jwala Prasad Goyal Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-24-1995
Reported in: 1996(0)MPLJ457
ORDERS.K. Dubey, J.1. The petitioner was a member of Higher Judicial Service of the State of M. P., on attaining the age of 55 years in afternoon of 3-10-1994, was ordered to be retired in Public interest, by the State Government under Fundamental Rule 56(a)(3) on payment of three months notice pay in lieu of three months notice, vide order dated 15-7-1994 (Annexure P-l). The petitioner challenged the said order before the Supreme Court of India, in Civil original jurisdiction by a petition under Article 32 of the Constitution of India in Writ Petition No. 550 of 1994. The Supreme Court did not find any infirmity in the order and dismissed the petition, vide order dated 26-9-1994 (Annexure P-l-A).2. As a consequence of the order (Annexure P-l), mistakenly, the petitioner was relieved on 23-7-1994 from the post of Additional Judge to the Court of District Judge, Bilaspur, at Shakti having found a mistake has crept in, an order dated 25-8-1994 (Annexure P-2) issued in the name of Hon'ble...
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