Madhya Pradesh Court July 1995 Judgments
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Ramanand Batole Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-06-1995
Reported in: 1996(0)MPLJ63
Fakhruddin, J.1. This appeal has been preferred by appellant Ramanand against his conviction and sentence passed by Shri M. S. Qureshi, Additional Judge to the Court of Sessions Judge, Gwalior in S. T. No. 49/80, on 4-7-1980. The appellant, in this case, has been convicted for committing murder of Mst. Takhatrani and one Jagdish (her son). He has been convicted for substantive offence under Section 302, Indian Penal Code on two counts and sentenced to imprisonment for life on each count. Both sentences were directed to run concurrently.2. During the pendency of this appeal, this Court was pleased to release the appellant on bail. He appeared on some dates but thereafter did not appear and, as such, proceedings under Section 446, Criminal Procedure Code were initiated against him and his surety on 20-5-1994. The proceedings against the surety had to be dropped as he died and information to that effect was given by police station concerned. Non-bailable warrants of arrest issued against ...
Nemichand Bherulal Vs. Chironji Lal Bhawarlal
Court: Madhya Pradesh
Decided on: Jul-06-1995
Reported in: 1996(0)MPLJ221
ORDERJ.G. Chitre, J.1. This petition is finally decided on request of both the learned counsel for rival litigants.2. Shri Pande, appearing for the petitioner made a reference to Article 136 of Limitation Act, 1963 (hereinafter referred to as Act for convenience), and submitted that the decree becomes enforceable from the date on which it has been passed and, therefore, in the present matter it was necessary for the lower court to exclude the property which has been inherited by Nemichand'-from his father Bherulal afterwards. Shri Pande placed reliance on the decision of Patna High Court in the matter of Ram Gobind Rai v. Shahabad District Board through the Special Officer, Arrah, reported in AIR 1976 Patna 118. In view of this, Shri Pande submitted that the impugned order is illegal and that needs to be set aside.3. Shri A. K. Shrivastava, submitted that the impugned order is correct, proper and legal because, the proceedings is continuing one and he had right to include the property ...
Dhulji Kishanlal Sen Vs. Omprakash Kanhaiyalal Agrawal
Court: Madhya Pradesh
Decided on: Jul-06-1995
Reported in: 1996(0)MPLJ153
ORDERJ.G. Chitre, J.1. This revision petition is finally heard and decided on request of both the learned counsel.2. Shri Udawat submitted that the suit was listed for hearing before C. J. Class I, Narsinghgarh on 8-3-1994 but on that date the petitioner was absent and his advocate was engaged in other court. The court directed to proceed with the suit ex parte on that date. An application was moved for setting aside that order on 9-3-1994 by the petitioner which was objected to by the opponent.3. Shri Udawat submitted that the court should have passed an order setting aside that order by which suit was directed to be heard ex parte against the petitioner, because the petitioner was prevented from attending the court because of good ground and his advocate was engaged in some other courts.4. Countering to this, Shri R. C. Chazed submitted that in view of provisions of Order 17, Rule 1(c), Civil Procedure Code, the fact that the pleader of party is engaged in another court, shall not be...
Narayansingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-06-1995
Reported in: 1996CriLJ551; 1995MPLJ75
ORDERA.S. Tirpathi, J.1. Applicant Narayansingh apprehends his arrest in Crime No. 3/95, registered for the offences Under Sections 147, 148 and 302/149 I.P.C. by P.S. Amayan, District Bhind.2. Perused the FIR and other papers. Applicant is named in the FIR. He is said to have fied his gun, but nobody was injured.3. Learned counsel for the applicant prays that other co-accused have been bailed out earlier and the applicant did not apply for anticipatory bail earlier.4. Without commenting on the evidence on record, in a serious crime under Section 302 I.P.C., since applicant does not all in any of the categories of being a minor children, woman, old and infirm person, Government servant or any other person who is likely to be harassed if taken into police custody, therefore, I am not considering the prayer for anticipatory bail of the applicant at this stage.5. The self-imposed restrictions for grant of anticipatory bail under Section 438 Cr. P.C. are defined and elaborated by the Apex ...
Prabhakar Rao Antarkar Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-04-1995
Reported in: 1996(0)MPLJ437
ORDERS.K. Dubey, J.1. The Petitioner is a member of the Bar at Hoshangabad, who is aggrieved of the generalised remarks passed in order sheet dated 28-2-1995, against the members of the Bar in Sessions Trial No. 228/93 by Shri P. K. Tiwari, III Additional Session Judge, Hoshangabad, has filed this petition under Section 482 of the Criminal Procedure Code for expunging the remarks.2. Shri Imtiyaz Hussain, learned counsel submits that the generalised remarks against the members of the Bar of adopting and protracting the trial by delay-diling tactics are unwarranted, whereby the members of the Bar have been condemned without hearing. The general remarks against the members of the Bar has affected the reputation of the members of the bar in general. He submitted that while dealing a case a Judge should have restrain while condemning any person and passing of strictures should be avoided.3. Having heard the counsel, I am of the opinion that sweeping and generalised remarks against the entir...
Punjab and Sind Bank Vs. Nagrath Industries Pvt. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: AIR1996MP32; 1995(0)MPLJ1004
T.S. Doabia, J.1. This appeal has been preferred by Punjab and Sind Bank. The dispute lies in a very narrow compass. It is not necessary to go into detailed facts. The suit stands decreed. Interest has been fixed at the rate 171/2%. The judgment-debtor had addressed a fetter Ex. P/50 to the Bank on 9th Oct. 1978. It is the impact of this letter which is relevant for the purpose of this appeal. This reads as under:'As we are not able to clear your dues, we hereby handover to you complete factory premises situated at 13 Industrial Estate, Gwalior including Plant & Machinary & all other items lying there. You are at liberty to lock it, or dispose it, and the amount realised may be credited to our loan account.'2. Taking note of this, the trial Court concluded that even though the suit is being decreed but the Bank will not be entitled to interest on the amount representing value of the articles mentioned in Ex. P/50. In para 34 of the judgment it was concluded :'Accordingly, plaintiff-Ban...
Harikishan Shivhare S/O Shri Ram Gwalior Vs. State of Madhya Pradesh a ...
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: AIR1996MP37
ORDERT.S. Doabia, J. 1. The brief facts for the purposes of this petition preferred under Article 227 of the Constitution of India are as under. 2. The petitioner is one of the partners of the firm namely; M/s. Dinesh Kumar Harishankarand Company. This partnership firm consisted of 15 partners. This firm was engaged in the sale of country-liquor. A contract of country-liquor was taken by the firm during the period 1978-79, 1979-80 and 1980-81. This was with regard to shops located in the town of Gwalior. For some reason or the other, a dispute arose between the firm in which the petitioner was a partner it is alleged that State authorities did not supply the country-liquor. The matter was taken to the civil court but was dismissed as proper Court-fee was not paid. The further fact is that on 19th of March, 1990, a notice was served on the petitioner and a sum of Rs.2,75,231/- was sought to be recovered from him. This was issued with a view to recover from him the amount in his capacity...
Awadhesh Prasad Shukla Vs. Professor J.P. Shukla
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: AIR1996MP216; 1996(0)MPLJ617
A.K. Mathur, J.1. The petitioners by this writ petition, have prayed that the impugned minutes of the Executive Council dated 5-2-1995 (Annexurc-P/1) in para3(b) may be quashed.2. Both the petitioners who are lawyers by profession were appointed as Examiners of LL.B. Supplementary Examination, 1994, held by the respondent No. 4-Rani Durgawati Vishwavidyalaya, Jabalpur. The answer-books of the aforesaid examinations were sent to the petitioners. Both the petitioners after duly examining those answer books and awarding of marks given to the examinees in those answer books, submitted the same to the respondent No, 4-University. On 7-2-1995 the petitioners read in Hindi Daily news paper of Jabalpur, 'Dainik Bhaskar' that the Executive Council of the respondent No. 4-University, has black-listed the petitioners for being made Examiners of the University for ever on the grounds that both the petitioners have increased the marks of Examinees in the answer-books submitted by them on the advice...
Madhya Pradesh Bank Karmachari Sangh Vs. Syndicate Bank and anr.
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: (1997)IIILLJ0536MP
ORDERT.S. Doabia, J. 1. This order shall dispose of two writ petitions, namely Madhya Pradesh Karmachari Sangh v. Syndicate Bank, M.P. No. 132/1988: and Gajra Raja Medical College v. Bhishm Kumar Lalwani, M. P, No. 1375/1988, as the questions of law in both the cases are similar. In both the cases the employees want to take benefit of non compliance of the provisions of Section 25F of the Industrial Disputes Act. 1947. (hereinafter referred to as the 'Act'), while the employer wants to get out of this provision by placing reliance on the provision of Section 2(oo) (bb) of the Act.2. Before noticing these contentions the facts in each of the writ petitions be noticed.The facts in writ petition No. 135/88, namely, Madhya Pradesh Bank Karmachari Sangh v. Syndicate Bank, are as under:--The M. P. Bank Karmachari Sangh has preferred this petition on behalf of one of its members, namely, Shri Narendra Gupta, hereinafter referred to as the 'workman'. According to the petitioner-Union, the afor...
Ram Bhajan Sunder Lal Vs. Factory Manager, J.C. Mills Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: (1996)ILLJ1016MP; 1995(0)MPLJ782
ORDERT.S. Doabia, J.1. This order shall dispose of two writ petitions namely; 1009/1991 (Ram Bhajan v. The factory Manager, J.C, Mills Ltd. and Ors.) and 1021 of 1991 (J. C. Mills Ltd. and Anr. v. Rambhajan and Ors.) preferred under Articles 226 and 227 of the Constitution of India. The first petition was preferred by the workman and the other has been preferred by the management. The brief facts out of which these petitions have arisen are as under:2. The workman was an employee of J.C. Mills Ltd. It is stated that the workman misbehaved on October 16, 1978. October 17, 1978 was a holiday. On October 18, 1978, when he reported for duty, he was informed that his services have since been brought to an end. Copy of the order passed in this regard is annexure P/1. The workman challenged this order of termination before the Labour Court by preferring a petition under the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to as the Act.) The Labour Court took cognizance of ...
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