Court : Madhya Pradesh
Decided on : Jan-11-1990
Reported in : AIR1990MP287
ORDERD.M. Dharmadhikari, J. 1. This is a revision by the defendants arising out of the suit under Section 92 of the Code of Civil Procedure (in short 'the Code'), in relation to the public trust known as Vaikunth Mandap Shri Venktesh Mandir Trust of Ayodhya (Faizabad) U.P. The defendants raised objection to the jurisdiction of the trial Court at Murwara (Katni) to entertain the present suit under Section 92 of the Code and the said objection has been overruled by the Court by order dated 21-1-1988 impugned in the present revision. 2. The revision raises important and intricate question of interpretation of theprovisions of Section 92 of the Code, in relation to the jurisdiction of the Civil Court to entertain suits in respect of management of public charities or trusts and for grant of reliefs specified in the said section. The counsel appearing for both the sides have cited a few rulings in support of their contentions which I shall refer to in my order in the following paragraphs, bu...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-06-1990
Reported in : AIR1991MP54; 1990MPLJ764
Y.B. Suryavanshi, J.1. The petitioner Dr. Sharda, a medical practitioner, who has appeared as a witness in the Court of Shri Mohit Kumar Vyas, IInd Additional Judge to the Court of District Judge, Indore, in proceedings under Order 9, Rule 13, C.P.C., in Misc. Civil Case No. 6/88, has filed this petition under Articles 226/227 of the Constitution of India for expunging derogatory remarks passed in the order dated 7-2-1989.2. At the outset, we want to make it clear that we are not concerned at all, with the merits or demerits of the orders aforesaid and the controversy is cribbed and confined to the limited question-- 'Whether the learned Court was justified in making the impugned remarks; and if the answer is in the negative, to what extent the objectionable portions be expunged?' Any incidental observations by us, if any, be not construed as any expression of an opinion on the proceedings in Misc. Civil Case No. 6 of 1988.3. The backdrop: Broadly stated, the non-applicants in Misc. Ci...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-07-1990
Reported in : AIR1991MP316; 1991(0)MPLJ418
Faizanuddin, J. 1. This Letters Patent Appeal under Clause 10 of the Letters Patent of Madhya Pradesh High Court by the defendants has been directed against the orders passed on 29-6-1990 to 11-7-1990 by the learned single Judge of this Court in Misc. Appeal No. 227 of 1990.2. The facts in brief giving rise to this appeal may be stated thus: The Indian Olympic Association/respondent No. 3, herein, is a Society registered under the Societies Registration Act. It consists of various Federations which are affiliated with the Indian Olympic Association. The Management of the Indian Olympic Association (hereinafter referred to as the 'I.O.A.') is controlled by a duly elected Executive Council in accordance with rules for a term of 4 years. A Special General Meeting may be summoned at any time by the President of I.O.A. at his discretion or it is convened on a written requisition signed by the Presidents and Secretaries of not less than 15 Member-Units within one month from the date of recei...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-08-1990
Reported in : 1990MPLJ417
ORDERT.N. Singh, J.1. Nine years ago, the petitioner came to this Court and lodged the instant petition for redressal of a two-fold grievance complaining brazen violation by respondents 1 to 4 of Articles 14 and 16 of the Constitution and of statutory provisions resulting in his supersession and loss of seniority.2. There are three sets of statutory Rules which fall for our consideration in this case and it is necessary, therefore, to state clearly the position in that regard at the very outset. The Border Security Force Act, 1968, for short, 1968 Act, takes care to indicate vide section 142(1) the fact of prior existence of the 'Force' constituted under the Act; sub-section (3) saves expressly anything done or any action taken generally and also in particular in relation to any person appointed or enrolled in the 'Force'. The Border Security Force Rules, 1969, for short, 1969 Rules, have been framed by the Central Government in exercise of powers conferred under section 141 of 1968 Ac...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-05-1990
Reported in : I(1991)ACC193; 1990ACJ862; AIR1990MP306; 1990MPLJ387
T.N. Singh, J.1. Three matters are linked up with the Division Bench, making the reference, taking the view that a common question of law arises in all the three matters and the question being of general importance, deserves decision of a Larger Bench. Claimants/appellants have prayed for enhancement of compensation awarded under Section 110B of the Motor Vehicles Act, 1939, for short, the Act, in this appeal. During pendency of the claim petition an order waspassed by a learned single Judge of this Court in Civil Revision No. 134 of 1987 on 31-8-1989. By that order claimants' prayer for enforcement of the interim award, passed in the pending claim petition, under Section 92A of the Act, was rejected. Shortly and precisely, challenge to the correctness of the view expressed therein is the basis of the reference made to this Bench.2. Learned District Judge, Shivpuri, acting as Motor Accidents Claims Tribunal, for short, the Tribunal, had passed the order dated 18-8-1986 (which was impug...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-17-1990
Reported in : AIR1991MP72
A.G. Qureshi, J.1. This order shall govern the disposal of Misc. Petitions Nos. 389/87, 489/87, 944/87, 76/88, 997/88, 1213/88, 1227/88, 1317/88, 141/89, 197/89, 222/89, 277/89, 561/89, 562/89, 600/89, 603/89, 610/89, 611/89, 612/89, 639/89, 645/89, 711/89, 788/89, 799/89, 974/89, 1188/89, 1189/89, 1190/89, 1282/89,91/90, 781/90 and 783/90, challenging he development scheme prepared by the Indore Development Authority known as Scheme No. 94 of the Indore Development Authority for Eastern Ring Road, and the land acquisition proceedings initiated by the Collector and Ex Officio Deputy Secretary to the Government of Madhya Pradesh, Indore, for the implementation of that scheme.2. Scheme No. 94 of the Indore Development Authority has been prepared mainly for the construction of Eastern Ring Road around the city of Indore wherein provisions have also been kept for Regional Park, Commercial, Health, Bus Terminal, Industrial, Educational and Residential Buildings. Section 49 of the M. P. Naga...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-21-1990
Reported in : AIR1991MP226; 1991(0)MPLJ520
T.N. Singh, J.1. Petitioner was registered as A-II Class Contractor in the Irrigation Department on 4-10-1985. His registration is valid for five years. He had done some work for the Department and in that connection, he raised a 'dispute' claiming Rs. 3,60,214/- from the Department by way of a Reference made to the Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam,-1983, for short, 'the Adhiniyam'. He did not pay the requisite Court-fee, but made an application that he be treated as an indigent person and allowed to pursue the reference application without payment of Court-fee. By order dated 10-7-1990, his prayer being rejected by the Tribunal, he has challenged that order before us on the writ, side.2. Although in the impugned order, the Tribunal has found that the applicant/petitioner was possessed of sufficient means to pay the requisite Court-fee of Rs. 11,942/ -, in this Court, the legal plea forcefully pressed by Government Advocate, Shri S. B. Mishr...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-25-1990
Reported in : 1991CriLJ1991
K.L. Shrivastava, J.1. This appeal is directed against the judgment dated 1-7-89 passed by the I.A.S.J., Shajapur in S.T. No. 19/89 where by the appellant has been convicted Under Section 8/18 of the Narcotic Drugs & Psycho-tropic Substances Act, 1985 (for short 'the Act') for possession of 1 1/4 Kgs. of opium valued at Rs. 4,000/- and has been sentenced to undergo R.I. for 10 years and to a fine of Rs. 1 lac.2. According to the prosecution, on 26-11-1988, information was furnished to Arjun Singh Parihar (P.W. 5), the Town Inspector, Shujalpur, by an informer that the appellant Salamat AH, r/ o Rajgarh dressed as a home-guard sainik was proceeding to Bhopal for selling opium.3. On the basis of the said information, Arjunsingh Parihar (P.W. 5) accompanied by probationary Sub-Inspector Madan Mohan (P.W. 1) and Police Constable Kamlesh-kumar (P. W. 2) reached Chhatri Chowk, near Shujalpur Railway Station. The appellant was encircled and was caught hold of. He had a bag with him. On search...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-25-1990
Reported in : AIR1991MP340; 1991(0)MPLJ217
S.K. Dubey, J.1. The legal representatives of the purchaser/defendant No. 1 in the suit, aggrieved of the judgment and decree passed in Civil Appeal No. 10-A/1976, on 9-3-1978, by District Judge, Morena, whereby the suit of the plaintiff, a lunatic, has been decree reversing the judgment and decree of dismissal of the suit, passed by Civil Judge, Class II, Sabalgarh, in Civil Suit No. 14-A/1970, decided on 31-1-1976.2. This second appeal was admitted by this Court on 22-2-1980 for final hearing on the following substantial question of law:--'Whether by applying the principle of 'feeding the estoppel' as contemplated by Section 43 of the Transfer of Property Act, the plaintiff will be entitled to a decree for joint possession in as much as the defendant/ purchaser could claim at least the ownership of the undivided interest of Dropadi?'At the time of final hearing an application was filed by the appellants on 4-10-1990 under Section 100(5), Civil Procedure Code, for grant of leave to ur...
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