Madhya Pradesh Court November 2009 Judgments
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Truck Owners Association and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-12-2009
Reported in: AIR2010MP18
R.S. Garg, J.1. The petitioner Truck Owners Association and one Sardool Singh, a truck owner has filed this petition challenging the constitutional validity of Rule 11 of National Highways (Fee for the Use of National Highway Section and Permanent Bridge Public Funded Project) Rules, 1997.2. The submission of learned Counsel for the petitioners is that once the cost of construction and cost of maintenance are recovered by the authority which has constructed the bridge then the toll cannot be collected in perpetuity because such an action would be illegal, contrary to the provisions of law and contrary to the fair play and would also demolish the principles of a welfare State. The submission in fact is that once the State Government or the Central Government constructs a bridge then it would be entitled to recover cost of the same so that the burden is distributed upon the bridge users but once the cost is recovered then the respondents or the authorities constructing the bridge would n...
Munnibai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-12-2009
Reported in: 2010(1)MPHT369
S.L. Kochar, J.1. Both the aforesaid appeals are arising out of one and the same impugned judgment, hence same are taken up together and dispose of by this common judgment.2. The appellants have filed their respective Criminal Appeals aggrieved of the impugned judgment and order dated 28-1-2000 passed by learned Addl. Sessions Judge, Ujjain in S.T. No. 246/1998 whereby convicted the appellants under Section 302/34 of the IPC, sentenced each appellant to undergo RI for life and fine of Rs. 300/-, in default of payment of fine to undergo further imprisonment of one month.The prosecution case as placed before the Trial Court in short runs as under:3. Complainant Navin @ Nabbu and deceased Anil were returning back from the Dushera Maidan football ground on 2-8-1998 at 9-9.30 a.m. When they reached near Ghas Mandi, Anil while standing, started reading newspaper, at that moment, appellants Naresh, Mahesh (a) Kalu and Narayan reached over there having knife and started assaulting Anil. Naresh...
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