Court : Madhya Pradesh
Reported in : AIR1979MP32
..... natural resources, all the private and public sources of meeting material needs, not merely public possessions.' it was also observed that 'distribution in the context of article 39 will include nationalisation as a distributive process for the good of the community; (p. 250). now, tested in the light of these principles, it is clear to us that the impugned act in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP74; 1977MPLJ74
Shiv Dayal, C.J.1. This writ petition and the other writ petition (Misc. Petition No. 35 of 1976) under Article 226 o the Constitution challenge the validity of the M. P. Dhan Parichalan Skeem (Pratishedh) Adhiniyam, 1975 (Act No. 19 of 1975) (hereinafter referred to as the Act), on the ground of want of legislative competence in the State Legislature, as also for vagueness and arbitrariness and as a colourable piece of legislation and fraud on the Constitution, and further as violative of the fundamental right under Article 31 of the Constitution. During the course of the final hearing of these petitions, leave was sought to amend them. It was granted as the learned Advocate-General had no objection. By the amendment, the Act is further challenged as in contravention of Articles 301 to 304 of the Constitution.2. Section 3 of the Act reads thus:--'No person shall promote or conduct any money circulation scheme or enrol as a member in any such scheme, or participate in it otherwise, or ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1984)ACC252
..... these 14 appeals are that respondent no. 1 sardar trilok singh had entered into a contract dated 1st january, 1971 with the appellant to transport coal belonging to the appellant company from its mining area to the works of m/s orient paper mills ltd. at amlai on the terms and conditions embodied in the agreement ex.d-1. ..... he is immediately employed.in the present case admittedly respondent no. 1 sardar trilok singh was a contractor under the appellant engaged in the transportation of the material from the mining area of the appellant to the orient paper mill of the appellant. the appellant were therefore, the 'principal' within the meaning of sub-section (1) of section 12 ..... section 12(1) of the act were attracted.8. as regards the argument of the learned counsel for the appellant that because the accident has taken place outside the mining area and far away from that area, where the appellant had no control and, therefore, it cannot be said that the accident took place in the course of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
Bhawani Singh, C.J. 1. Whether insurance company can challenge quantum of compensation under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India, is the question for determination in this case. It arises in circumstances being narrated hereinafter.Mahmood-Ul-Hassan (40-45) was employed with M.P. State Road Transport Corporation, earning Rs. 1,400 per month, apart from allowances and other facilities. While he was going towards crossing from bus stand on 18.2.86, truck No. CPD 8250 driven by Dev Kumar rashly and negligently hit him resulting in his death. The matter was reported at Police Station, Hanumanganj and case under Section 304A of the Indian Penal Code filed in the court after investigation. Autopsy of the dead body of Mahmood-Ul-Hassan was conducted on 19.2.1986 at Hamidia Hospital. Dinesh Kumar was owner of the truck while the New India Assurance Co. Ltd. was insurer. The claimants preferred a claim for Rs. 4,00,000, since they were de...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT527
Arun Mishra, J.1. Appellant has been convicted for offence under Section 304 Part-I I.P.C. and sentenced to R.I. for six years, fine of Rs. 2000/-, in default of payment of fine, to undergo further six month's R.I.2. Initially accused appellant was charged for offence under Section 307/34 I.P.C., but, later on it was converted to one under Section 302/34 I.P.C.3. The allegation against the appellant as well as two acquitted accused persons was that the appellant inflicted injury on deceased Rampyari Bai by an axe on her head, due to which she suffered fracture, laceration of brain and she ultimately died. The incident took place on 25-11-1985. She died on 28-1-1986 while she was still under treatment for the injury suffered. As per the prosecution case, deceased Rampyari Bai was cleaning utensils in front of her house on 25-11-1985 at about 12:30 p.m. There was previous litigation with the accused persons. When acquitted accused Ramesh came back from the Court, he spitted when she was ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1976]38STC321(MP)
ORDERP.K. Tare, C.J.1. In this petition under articles 226 and 227 of the Constitution of India, the petitioner, a limited company incorporated under the Indian Companies Act, 1913, seeks to have the notice dated 23rd August, 1969 (petitioner's annexure B), issued by the Additional Commissioner of Sales Tax and the order dated 18th April, 1972 (petitioner's annexure C), passed by the Commissioner of Sales Tax quashed on the ground that the Commissioner had no power of revision under Ssection 39(2) of the Madhya Pradesh General Sales Tax Act, 1958, so as to revise an appellate order of the Deputy Commissioner of Sales Tax for the reason that the appellate order was prejudicial to the interests of the revenue. At this stage we are not concerned with the merits of the case regarding the point whether the sales effected by the petitioner were inter-State sales or intra-State sales.2. The petitioner had submitted quarterly returns of sales for the years 1960-61 and 1961-62, For the year 196...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP77; 1974MPLJ922
..... , therefore, could not be affected even by the approved scheme; [baluram v. state of m. p. 1967 mplj 539 = (air 1967 madh pra 130)]. this difficulty in implementation of a nationalisation scheme is remedied by introduction of these sub-sections in section 68-f. the object behind them is to prohibit grant or renewal of permits on areas or routes covered ..... under section 68-d. the note on the relevant clause of the bill explains the object of the sub-sections as follows: 'the committee feel that when a scheme of nationalisation is published under section 68-c, no permit should be granted or renewed to any person. but in view of the fact that between the publication of such scheme in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT60
R.P. Gupta, J. 1. The State has felt aggrieved from judgment dated 21-8-86 of Addl. Sessions Judge, Murwara in S.T. No. 101/83. The respondents were acquitted of the charges of dacoity and murder committed by them in the night between 27 and 28 September, 1982 at mid night in the house of PW 3 Ramkishore. They were armed with ilathies, Kodas and fire arms, broke-in to the house by breaking the doors of the house and attacked Ramkishore and his wife Sushila causing injuries to them. Sushila died as a result of those injuries on 6-10-82. The dacoits looted silver and gold ornaments, cash and other articles from the house. They fired shots by fire arms to cow-down the inmates of the house and neighbours and used blunt weapons to cause injuries to them. Respondents 8, 10 and 11 were charged with receiving and keeping stolen property knowing it to have been stolen. Other respondents were charged for offences punishable under Sections 395, 396, 397 I.P.C.. Out of these 11 respondents, respon...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000CriLJ650; 2000(1)MPHT183
R.P. Gupta, J.1. This appeal is directed against the judgment dated 22-6-1995 in Session Trial No. 123/91 passed by VIth Additional Sessions Judge, Jabalpur. The appellants are two of the five accused who were tried. Manohar Singh appellant has been convicted under Section 302 I.P.C. and Section 27 of the Arms Act and has been sentenced to life imprisonment and imprisonment for 3 months respectively. Vijaysingh appellant has been convicted under Section 302/34 I.P.C. and Section 27 of the Arms Act. He has also been sentenced to life imprisonment and imprisonment for 3 months for the respective offences. Three other accused persons; Lakhan Rajoriya, Shobharam Patel and Shiv Kumar were acquitted. All the accused including the appellants were acquitted of the charges under Sections 147 and 148 I.P.C..2. The incident had occurred on 18-1-1989 at 2 p.m. in village Rimjha. In this incident on the instigation of Vijaysingh appellant, his son Manoharsingh fired a shot at Kailash with a gun whi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP191; (1972)IILLJ611MP
Tare, J.1. In this Writ Petition, which is described as a petition under Articles 226 and 227 of the Constitution of India, two questions are mainly involved. So far as Article 227 of the Constitution of India is concerned, it will be out of the picture. Sub-clause (4) of Article 227 of the Constitution specifically excludes courts martial from the operation of the Article. It is as follows :--'Article 227(4).-- Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.'Therefore, court-martial can in no sense be considered to be a Tribunal subordinate to the High Court. But the said bar does not find place in Article 226 of the Constitution of India. Therefore, although courts-martial may not be considered to be Tribunals subordinate to the High Court or for the purposes of Article 136 of the Constitution of India subordinate to the Supreme Court, they will be amen...
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