Madhya Pradesh Court September 1995 Judgments
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Tahir Khan Vs. Basarat Khan
Court: Madhya Pradesh
Decided on: Sep-11-1995
Reported in: AIR1996MP182; 1996(0)MPLJ603
ORDERS.C. Pandey, J.1. This is an appeal under Section 384 of the Indian Succession Act against the order dated 12-10-93 passed by Shri R. S. Trivedi, First Additional District Judge, Murwara-Katni to the Court of District Judge, Jabalpur in Succession Case No. 16/89. The appellant has filed another appeal M(P) A No. 115/94 which is linked with this case. It arises against the order dated 12-10-1993 passed by the same Court in Succession Case No. 14/93. The disposal of this appeal shall also govern the M.(P) A. No. 115/94 because the subject matter of the case is the same and it is between the same parties.2. The respondent No. 1 filed an appli- cation for grant of succession certificate in respect of Rs. 27,447/- kept in deposit at Post Office Badgaon, Tehsil Murwara, District Jabalpur in name of Gafooran Bi. Gafooran Bi was the widow of Bhure Khan. She expired on 21-10-1989.3. in his application, the respondent No. 1 stated that the following family tree would give his relation ship ...
Nisha Shrivas Vs. Rajendra Shrivas
Court: Madhya Pradesh
Decided on: Sep-07-1995
Reported in: I(1996)DMC35
N.P. Singh, J.1. That the Non-applicant is her husband. Their marriage was solemnised on 2.2.1991 at Durg (M.P.). Out of this wedlock a male child Ritwik alias Chhutku was born on 25.9.1991.2. Heard Smt. Sudharani Shrivastava, Counsel for the applicant on the application under Section 24 read with Section 151 of the Code of Civil Procedure for transfer of Civil Suit No. 47-A/94 from the Court of District judge, Durg to the Court of District Judge, Jabalpur.3. Counsel for the applicant has contended that the non-applicant has filed a case under Section 25 of the Guardian & Wards Act in the Court of IVth Addl. District Judge, Jabalpur and the same is pending for disposal. The applicant had also moved an application against the non-applicant/husband for judicial separation in the Court of District Judge at Durg vide Civil Suit No. 47-A/94. The witnesses to be examined in the case are all residents of Jabalpur. Therefore, Civil Suit No. 47-A/94 pending in the Court of District Judge, Durg ...
Govind Prasad Lalgare Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-07-1995
Reported in: 1996(0)MPLJ649
ORDERU.L. Bhat, C.J.1. While revision petitioner was carrying two cans of milk (mixture of cow milk, buffalo milk and goat milk) for sale on 9-6-1988, Food Inspector accosted him and after observing the statutory formalities, purchased the requisite quantity of milk from him for analysis and dealt with the sample as required by the Prevention of Food Adulteration Act, 1954, (for short 'the Act') and the Rules framed thereunder and sent one part of the sample to the Public Analyst. The Public Analyst received the same on 10-6-1988; found the sample properly sealed and fastened and found the seal intact and unbroken. The seal fixed on the container and the outer cover of the sample tallied with the specimen impression of the seal separately sent by the Food Inspector to the Public Analyst, and the sample was in a fit condition for analysis. He found 2.6% of fat and 3.99% of solids non-fat in the sample. Starch was present. Formalin was present. The sample was adulterated within the meani...
Govind Prasad Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Sep-07-1995
Reported in: 1996CriLJ1238
U.L. Bhat, C.J.1. While revision petitioner was carrying two cans of milk (mixtue of cow milk, buffalo milk and goat milk) for sale on 9-6-1988. Food Inspector accosted him and after observing the statutory formalities, purchased the requisite quantity of milk from him for analysis and dealt with the sample as required by the Prevention of Food Adulteration Act, 1954, (for short the Act) and the Rules framed thereunder and sent one part of the sample to the Public Analyst. The Public Analyst received the same on 10-6-88, found the sample properly sealed and fastened and found the seal intact and unbroken. The seal fixed on the container and the outer cover of the sample tallied with the specimen impression of the seal separately sent by the Food Inspector to the Public Analyst, and the sample was in a fit condition for analysis. He found 2.6% of fat and 3.99% of solids non-fat in the sample. Starch was present. Formalin was present. The sample was adulterated within the meaning of Sect...
V. Shyla Nair Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-06-1995
Reported in: AIR1996MP91
T.S. Doabia, J.1. The petitioner seeks admission to the Nurses Training Schools located within the State of Madhya Pradesh. There are about fourteen institutions in the State of Madhya Pradesh. In all, there are 319 seats. The petitioner submits that in the joint merit list, she is high-up but she has been denied the admission to the Medical College Hospital, Gwalior on the ground that only out of 41 , seats our seven seats are meant for the district of Gwalior.2. The learned counsel for the State, objected to the maintainability of the petition. According to him, this is a case which should go before the State Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. He placed reliance on a Full Bench decision of this Court reported as Usha Narwariya (Dr.) v. State of M.P., 1993 Jab LJ 663. In para 31 of the judgment, it was observed as under:'In the view we have taken, we are also of the opinion that M.P. No. 1278/92 raising a dispute as to exclusion of the pe...
K.C. Bokadia and anr. Vs. Dinesh Chandra Dubey
Court: Madhya Pradesh
Decided on: Sep-06-1995
Reported in: 1999(1)MPLJ33
S.K. Dubey, J.1. The following question arising in the case has been referred to the Full Bench :'Whether, without registration under Section 45 of the Copyright Act, 1957, Criminal prosecution for infringement of copyright is or is not maintainable.'2. Respondent herein claims to be the author of the story entitled 'Benam Rishte' said to have been published in the magazine Filmi Duniya in March 1985. He alleges that the two applicants herein have made a film by name 'Naseeb Apna Apna' based on the story 'Benam Rishte'. There was some delay in the initial proceedings for reasons which are not relevant at this stage, but ultimately the competent Court took cognizance and issued process R. F. 3 to the two accused persons who are the present applicants. They have filed this petition under Section 482, Criminal Procedure Code seeking to quash the proceedings. When the case was being heard by one of us (Bhat, C.J.), relying on a decision of the Division Bench of this Court in Mishra Bandhu ...
Uma Prasad S/O Loknath and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-06-1995
Reported in: 1996(0)MPLJ310
ORDERP.N.S. Chouhan, J.1. The petitioners and one other were tried on charge under Section 7(1)(3) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter the Act) in Criminal Case No. 229/88 by Judicial Magistrate First Class, Chhatarpur, who acquitted one accused and convicted the petitioners on the said charge and sentenced them to six months R. I. and fine of Rs. 1,000/- which is the statutory minimum punishment provided in the Act. The petitioners went up in appeal. The same being Criminal Appeal No. 10/89 was dismissed by IInd Additional Sessions Judge, Chhatarpur on 3-4-1992 against which the present, revision has been filed.2. Briefly stated the facts are that the petitioners were carrying Ghee in a Bus which was suspected to be adulterated. Therefore, the Food Inspector after serving notice of his intention to take sample out of it took the sample in accordance with the procedure laid down and the same was sent for analysis to the Public Ana...
Kul Deep Singh Malik Singh Vs. M.P. Griha Nirman Mandal and anr.
Court: Madhya Pradesh
Decided on: Sep-06-1995
Reported in: 1996(0)MPLJ742
ORDERV.K. Agrawal, J.1. Both these revisions arise from the impugned orders dated 30-10-1993 passed in Civil Suit No. 42-A/1984 (Civil Revision No. 578/93) and Civil Suit No. 40-A of 1984 (Civil Revision No. 584/93) by II Additional District Judge, Balaghat whereby the application for execution of the ex parte decrees passed in the said civil suits was held to be time-barred and was accordingly dismissed.2. Decrees in Civil Suit No. 42-A/84 and Civil Suit No. 40-A/84 were passed in favour of the applicant whereby a mandatory injunction to the effect against the non-applicants/defendants was passed that the non-applicants would allot an MIG type house to the applicant whenever it is constructed, at the price, as prevailing for the said type of house in the year 1978. The ex parte decrees to the above effect passed on 21st June, 1985 were sought to be executed by applications for execution dated 20-1-1993, which were held to be time-barred and dismissed by the impugned order.3. It was ur...
Uma Prasad and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-06-1995
Reported in: 1996CriLJ1252
ORDERP.N.S. Chouhan, J.1. The petitioners and one other were tried on charge Under Section 7(1)(3) read with Section 16(1)(a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter the Act) in Criminal Case No. 229/88 by Judicial Magistrate First Class, Chhatarpur, who acquitted one accused and convicted the petitioners on the said charge and sentenced them to six months R.I. and and fine of Rs. 1,000/- which is the statutory minimum punishment provided in the Act. The petitioners went up in appeal. The same being Criminal Appeal No. 10/89 was dismissed by IInd Addl. Sessions Judge, Chhatarpur on 3-4-92 against which the present revision has been filed.2. Briefly stated the facts are that the petitioners were carrying Ghee in a Bus which was suspected to be adulterated. Therefore, the Food Inspector after serving notice of his intention to take sample out of it took the sample in accordance with the procedure laid down and the same was sent for analysis to the Public Analyst...
Dhirendra Nath Verma and ors. Vs. Yashwant Rao Ramchandra Ogale
Court: Madhya Pradesh
Decided on: Sep-05-1995
Reported in: 1996(0)MPLJ527
U.L. Bhat, C.J.1. Defendants in the suit for specific performance are the appellants herein. Plaintiff is respondent herein. Respondent herein on the one hand and the first appellant (first defendant) on the other hand entered into an agreement dated 14-12-1982, wherein the first defendant agreed to sell to the plaintiff for a consideration of Rs. 40,000/-, 0.20 acres of land together with a house situated therein, in which the plaintiff's father was then a tenant. A sum of Rs. 2,000/- was paid on that day. On 9-1-1983, further agreement was entered into on payment of Rs. 18,000/-. After waiting in vain for the first defendant to execute the sale-deed, plaintiff instituted a suit for specific performance. The first defendant contended that the property was ancestral property and was allotted along with other items of the property to his share, that is, to the share of his Branch family and that he was only the Karta of the joint family. He also contended that the plaintiff should have ...
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