Court : Madhya Pradesh
Decided on : Jul-14-1994
Reported in : AIR1995MP64; 1994(0)MPLJ838
ORDERA.R. Tiwari 1. Twenty students of St. Raphael's Girls Higher Secondary School, Indore with insignia of 'loving service'. Irked by indomitable insistence of respondent No. 4 to implement own policy of evaluation in disregard of reiterated instructions of Joint Director, Public Instructions, Indore (Annexure P/14) arc before me in this petition under Article 226/227 of the Constitution of India for issuance of writ of mandamus to secure enforcement of Annexure P/14 and revision/declaration of results of 1993-94 examination on that basis. 2. Facts first. First fourteen, students were the candidates in examination of 9th Class and next six students appeared in examination of 11 th Class held by respondent No.4. The school though non-aided and religious minority institution, is affiliated with Board of Secondary Education, Bhopal. The respondent No. 2 issued circular dated 1-5-87 (Annexure P/l) to demand preparation of result on the basis of marks obtained in (Annual Examination. The c...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-1994
Reported in : 1995(0)MPLJ159
ORDERA.R. Tiwari, J.1. This order shall also govern the disposal of connected petitions M.P. No. 1078/93 - Smt. Prabha Rathore v. The Cantonment Board and another; M.P. No. 1365/93 - Mrs. R. Amit v. The Cantonment Board and another; M. P. No. 1015/93 - Smt. Shakuntala Shrivas v. The Cantonment Board; and M. P. No. 1414/94 - Smt. Dulari Jaiswal v. The Cantonment Board and another.2. In all these petitions, the core question involved is whether petitioners, teachers/lecturers, in school managed by the Cantonment Board, Mhow (Respondent No. 1) are liable to be superannuated at the age of 58 years or whether they are entitled to continue till attainment of the age of 60 or 62 years and alternatively whether the Officer Commanding-in-Chief, Lucknow (respondent No. 2) is under obligation to sanction retention in service in terms of Rule 22(1) of the Cantonment Fund Servants Rules, 1937 (for short, 'Rules'), framed under Section 280 of the Cantonment Act, 1924 (for short, 'Act') till the atta...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-24-1994
Reported in : 1995(0)MPLJ349
ORDERT.S. Doabia, J.1. This is a public interest litigation. The petitioner is a serving medical officer. He has shown concern for the dead in the same manner in which medical profession cares for the living. Railway administration has been arrayed as one of the respondents. The question whether public interest litigation can be resorted in such matters is not res integra. In Dr. P. Nalla Thampy Thera v. Union of India and others, (1983) 4 SCC 598, Ranganath Misra, J. (as his Lordship then was), took cognizance of a petition filed against the Railways claiming protection under Articles 19 and 21. After taking note of the development of the Railways in this country right from British times, meaningful observations were made in paras 25 and 27 of the report. These read as under :-'We have said earlier that the Railways are a public utility service run on monopoly basis. Since it is a public utility, there is no justification to run it merely as a commercial venture with a view to making ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-11-1994
Reported in : I(1995)DMC77
A. Pasayat, J.1. Judgment passed by learned Subordinate Judge, Puri in O.S. No. 39/83 of 1986/82 is the subject matter of challenge in both the appeals though on different grounds. The suit was filed by Jagadananda Mishra, appellant in F.A. No. 70 of 1993 purportedly under Sections 13 and 14 of Hindu Marriage Act, 1955 (in short, the 'Act'), praying for dissolution of his marriage with Pravati, appellant. In F.A. No. 245 of 1991, by passing a decree of divorce, on the ground that Pravati was of subnormal state of mind which was incurable in nature. His case synoptically is as follows :He married Pravati on 4-2-1982, according to Hindu customary rites. After marriage he discovered that Pravati was suffering continuously from mental disorder of such a kind and to such an extent that it would not be reasonably expected to live as husband and wife with her. She has incomplete development of mind and was suffering from psychopathic disorder of, mind, and, was possessed intelligence of a thr...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-26-1994
Reported in : AIR1995MP210; II(1995)DMC461; 1995(0)MPLJ555
ORDER1. Revision petitioner is the husband of the respondent. They are governed by the provisions of the Hindu Marriage Act, 1955 (hereinafter called 'the Act' for short). Revision petitioner filed an application in the lower Court under Section 13 of the Act for dissolution of marriage on the ground of cruelty and desertion. Respondent herein appeared in Court in response to notice and filed an application under Section 24 of the Act seeking interim maintenance and provision for expenses. The application was opposedbut was allowed directing the revision petitioner to pay interim maintenance at the rate of Rs. 250/- per month and to pay Rs. 500/- to enable the wife to meet the expenses of litigation. This order is now being challenged. We have heard learned counsel on admission.2. Learned counsel for the revision petitioner submitted that he is not challenging the quantum of the award of the right of wife to make such a claim and he is confining his arguments only to one aspect, namely...
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