Court : Madhya Pradesh
Decided on : Mar-03-1994
Reported in : 1994(0)MPLJ624
ORDERU.L. Bhat, C.J.1. The appellant in this letters patent appeal filed a suit against the respondents herein and prayed for an order of injunction under Order 39, Rules 1 and 2, Civil Procedure Code. The Court passed an order which was not to plaintiff's satisfaction. The plaintiff thereupon filed a miscellaneous appeal in this Court. A learned Single Judge dismissed the appeal.2. The question which arises for consideration is whether letters patent appeal is maintainable. We are told that a similar question has been referred by a Division Bench to the Full Bench of this Court. In view of what we propose to indicate hereinafter, we think it unnecessary to refer this case to Full Bench or to wait till the Full Bench disposes the reference already made.3. The order passed by the trial Court in this case is appealable under Order 43, Rule 1, Civil Procedure Code. An appeal lies against such an order by virtue of Section 104(1)(i) of the Code. Sub-section (2) of Section 104 states that n...
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 : Apr-21-1994
Reported in : AIR1994MP151; 1994(0)MPLJ657
P.P. Naolekar, J.1. Order in this appeal shall also govern disposal of L.P.A. No. 2 of 1993 (Dinesh Kumar Dubey v. Krishna Kumar Das and two others), as the point for consideration is analogous.2. The brief facts necessary as to how the question arose and the matter was referred to the Full Bench, are as follows: The respondent No. 4 Pankaj Kumar Chatterjee filed a suit for declaration and parmanent injunction in the court of the District Judge, Jabalpur, which was registered as Civil Suit No. 98A of 1991. The reliefs sought in the suit are:(a) That the defendant No. I (appellant), President of the Society, be restrained from functioning as President of the Society; (b) That the defendant No. 2 (respondent No. 1) Shri M.M. Dubey, be restrained from functioning as Principal of the N.E.S. Law College and from intefering with the working of the college; and (c) That the defendant No. 3 (respondent No. 2) Shri S.K. Tiwari, be restrained from functioning as Principal of the Naveen Vidhya B...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-1994
Reported in : 1995(0)MPLJ291
U.L. Bhat, C.J.1. These appeals have been placed before the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent (Nagpur). We have heard learned counsel appearing for both sides as well as Shri Seth, Advocate who assisted as Amicus Curiae.2. These appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the Insurance Companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned Single Judges. These LPAs are filed against decisions of learned Single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the Ful...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-1994
Reported in : 1995ACJ273
U.L. Bhat, C.J.1. These appeals have been placed before the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent {Nagpur). We have heard learned Counsel appearing for both sides as well as Mr. Seth, Advocate, who assisted as Amicus Curiae.2. These appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the insurance companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned single Judges. These L.P.As. are filed against decisions of learned single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-1994
Reported in : 1995(0)MPLJ656
A.S. Tripathi, J.1. This Letters Patent Appeal under Clause 10, Chapter IV of High Court Rules and Orders has been preferred against the judgment and order dated 21st of September, 1990 passed by Hon'ble K. M. Agrawal, the then Judge of this Court.2. The learned Single Judge had partly allowed the first appeal with the direction that the decree for possession granted by the trial Court was maintained. The decree for mesne profits was modified with the direction that such profits to be determined during execution by holding an inquiry in that regard for a period preceding three months from the date of suit and for a period subsequent to the suit till the date of delivery of possession of their share in the suit land to the legal representatives of the deceased/plaintiff. It was further directed that mesne profits that may be determined by the Court below during execution shall not exceed the amount claimed by way of mesne profits per year by the plaintiff.3. The facts of the case are th...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-15-1994
Reported in : 1995(0)MPLJ176
ORDERM.V. Tamaskar, J.1. This petition stands referred to the Full Bench, by Hon. the Chief Justice, to consider, whether the decisions given in case of Indore Bhed-Bakra Vikreta Sangh and Ors. v. Municipal Corporation, Indore and others, 1992 MPLJ 781 and Indore Nagar Nigam Karmachari Congress, Indore v. State of M. P. and others, 1993 MPLJ 847 lay down correct law, in interpreting the provisions of Sections 86, 87, 88 and other connected provisions under the M. P. Municipal Corporation Act, 1956. It was also noted that in regard to similar provisions under Sections 105, 127 and 160 under the M. P. Municipalities Act, a contrary view has been taken to in M. P. No. 1316/93 and M. P. No. 890/92.2. Since important questions of law are involved, notice was given to the Bar Association that all counsel who desire to address the Court on the questions arising in the case will be heard. We heard Shri Sudhir Rawat, learned counsel for the petitioners, Shri Anoop Choudhary, Additional Advocate...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-12-1994
Reported in : 1994(0)MPLJ807
ORDERT.S. Doabia, J.1. Pen may be mightier than sword but its wielder cannot be permitted to cause ripples in the serene and smooth flow of the stream of justice. The goodness of the motive to expose an evil is not the criterion in cases of contempt committed by members of Fourth Estate. Law in its wisdom considers it of greater consequence that the stream of justice be kept clear and pure and it must in the name of public interest and public justice strike a blow on him who challenges its supremacy. Before we proceed to notice the factual and legal position with a view to determine whether the respondents have in fact fouled the very source and the stream we would like to quote what Davis, C. J. said in the leading judgment of Full Bench in Emperor v. P. C. Tarapore, AIR 1940 Sind 239 :'It is immaterial whether the attack on the Judge is with reference to a case about to be tried or actually under trial or recently adjudged : in each instance the tendency is to poison the fountain of ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-12-1994
Reported in : 1994CriLJ2933
T.S. Doabia, J.1. Pen may be mightier than sword but its wielder cannot be permitted to cause ripples in the serence and smooth flow of the stream of justice. The goodness of the motive to expose an evil is not the criterion in cases of contempt committed by members of Fourth Estate. Law in its wisdom considers it of greater consequence that the stream of justice be kept clear and pure and it must in the name of public interest and public justice strike a blow on him who challenges its supremacy. Before we proceed to notice the factual and legal position with a view to determine whether the respondents have in fact fouled the very source and the stream we would like to quote what Davis, C.J. said in the leading judgment of Full Bench in Emperor v. P.C. Tarapore, AIR 1940 Sind, 239 : (1941 (42) Cri LJ 1).It is immaterial whether the attack on the Judge is with reference to a case about to be tried or actually under trial or recently adjudged : in each instance the tendency is to poison ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-13-1994
Reported in : 1995(0)MPLJ417
ORDERM.V. Tamaskar, J.1. The petitioner is mother of the detenu Alloo alias Alim son of Sheikh Hakeem, resident of Naya Mohalla, P. S. Omti, Jabalpur.2. The District Magistrate, Jabalpur being satisfied that with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of public order, in exercise of powers under Section 3(3) of the National Security Act passed an order dated 12-10-1993.3. Copy of the grounds was served on detenu. They are six in number. Along with the copy of the grounds, the detenu was also served with the copies of other documents. The order of detention dated 12-10-1993 was approved by the State Government, vide order dated 23-10-1993. The same was placed before the Advisory Board. The Advisory Board found that there was sufficient material for detention and forwarded its report to the Government which confirmed order of the detention of the detenu for a period of one year from the date of detention, vide order dated 19-11-1993.4. Learn...
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