Madhya Pradesh Court October 1990 Judgments
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R.B. Shukla Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Oct-25-1990
Reported in: (1993)IIILLJ648MP; 1991(0)MPLJ284
ORDERT.N. Singh, J.1. Writ of prohibition/mandamusis prayed by petitioner to restrain Union of India and others from pursuing a misconceived proceeding at a forum of incompetent jurisdiction, to nip in the bud the mischief complained.2. Facts of the case for disposal of the instant petition are few and admitted and those we state at the outset. Petitioner has been in the service of the Central Railways and during the relevant period he was posted at Gwalior Railway Station as Travelling Ticket Examiner. During the period, 2.1.1987 to 10.11.1987, it is alleged, he committed certain fiscal irregularities and an order was accordingly made for deduction from his salary of certain amount. That order was challenged under Section 15 of the Payment of Wages Act, 1936 (for short, P.W. Act) in Labour Court No. 1 Gwalior. On 11.10.1989 directions were made by that Court in those proceedings against authorities concerned that they shall not give effect to the order passed for deduction from petiti...
Sonelal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-24-1990
Reported in: 1992(0)MPLJ810
ORDERK.K. Verma, J.1. This a revision from the order dated 29-3-1990 of the Seventh Additional Sessions Judge, Gwalior, in S. T. No. 207/89, by which charges under Section 306, Indian Penal Code were framed against applicants Sonelal, his wife Mahadevi and their son Kanoalsingh - the deceased being accused applicant No. 3 Kamal Singh's Wife Smt. Manorama.2. Admittedly, the applicants reside in the Vivek-Bihar Colony, Lashkar, Gwalior. On 4th May 1986, a Sunday, Shrimati Manorama died from burns received in the applicants' house just before trie noon.3. The marriage between Kamal Singh and Matiorama was performed in the year 1982, The giri's parental home is in the village of Sultanganj, District Mainpuri (UP.). There is evidence that applicants 1 and 3 demanded a scooter at the time of marriage and that the same demand could not be met by the girl's father. Many witnesses have stated that the present applicants had acted with cruelty towards Smt. Manorama.4. There is evidence to show t...
Mohanlal S/O. Nanno Mal Vs. Appellate Authority Under Payment of Gratu ...
Court: Madhya Pradesh
Decided on: Oct-23-1990
Reported in: (1995)IIILLJ413MP; 1991(0)MPLJ355
ORDERT.N. Singh, J. 1. The order passed in appeal under Section 7(7) of the Payment of the Gratuity Act, 1972, for short the Act, on 14.9.1982, is challenged by the employee whose application made under Section 7(4) of the Act to the 'Controlling Authority', on 30.7.1976, stood rejected under the impugned order passed in appeal preferred by the employer.2. By the impugned order the Appellate Authority has set aside the order passed on 2.7.1981 by the Controlling Authority holding the petitioner entitled to payment of gratuity in the sum of Rs. 10,836/- reckoning 40 years' service for the purpose of computation of the gratuity. In the appeal two new grounds were urged successfully resulting in the application of the petitioner being held in appeal as untenable in law. However, appellant/employer having made a deposit of a sum of Rs. 4,641/- with the 'Controlling Authority' care was taken to hold that on the basis of admitted liability the petitioner/respondent could be entitled to payme...
Madhuri Rajpoot Vs. Food Corporation of India
Court: Madhya Pradesh
Decided on: Oct-23-1990
Reported in: 1991(0)MPLJ29
ORDER1. Shri N. K. Jain and Kum. Rekha Nadkar, Advocate appear in this matter as Amicus curiae.Shri B. S. Agarwal and Shri N. K. Mody, Advocate appear for Harishchandra Rajput and F.C.I, respectively.Shri R. A. Roman, Government Advocate for the State. Heard counsel.Shortly though few facts are to be stated which clouded petitioner's entitlement to claim 'compassionate appointment'. What is not disputed, however, needs also to be emphasized. Deceased Deshraj Rajput was working in Food Corporation of India and he died on 9-9-1986. The petitioner claiming to be his wife had laid claim to appointment on compassionate ground in the Food Corporation of India. Relevant provision extracted in 'Swamy's Hand Book, 1990' at page 168 is relied on; and that is reproduced :'4. Compassionate appointment of dependents (Swamy's Complete Manual on Establishment and Administration) Scope. - An employee's son/daughter/near relative may be appointed on compassionate grounds in relaxation of the recruitmen...
Hotel Vivek Continental Pvt. Ltd. Vs. M.P. Financial Corporation, Inco ...
Court: Madhya Pradesh
Decided on: Oct-16-1990
Reported in: AIR1991MP156; 1991(0)MPLJ36
Dr. T. N. Singh, J.1. Admittedly, the petitioner is an 'industrial concern' within the meaning of the terra employed in Section 2(c)(iii) of the State Financial Corporations Act, 1951, for short, the 'Act'. He moved this Court on 30-7-1987 against an order passed on 29-6-1987 by learned District Judge, Gwalior under Section 32(1) of the Act, attaching properties of the petitioner mentioned in Schedule A and B of the application filed under Section 31(1) of the Act by the non-applicant and prohibiting the revisionist from alienating that property. By the sameorder, which was passed ex parte, notice was issued to the instant revisionist, fixing 1-9-1987.2. While admitting the revision, a specific direction had been made to clear the purport of the impugned order that the Hotel was not to be locked up and the revisionist would he entitled to carry on his existing hoteleering business though he shall remain injuncted as directed under the impugned order and shall not dispose of the pledged...
Bhagwan Das and anr. Vs. National Insurance Company Ltd., Gwalior and ...
Court: Madhya Pradesh
Decided on: Oct-15-1990
Reported in: 1991ACJ1137; AIR1991MP235; 1994(0)MPLJ709
R.C. Lahoti, J.1. Two of my learned brothers, Dr. T. N. Singh and K. K. Verma, JJ. have, while disposing of M.A. No. 97/85, differed in their opinions on the question of enhancement of compensation payable to claimant/respondent for his son Pappu's death and Hon'ble the Chief Justice has been pleased to constitute this Bench for hearing . the appeal.2. A single accident gave rise to three claim petitions. All were disposed of by a common order by the Claims Tribunal. The owner and the driver preferred three appeals registered as M.A. No. 90/85, 97/85 and 98/85. In all the three cases, the respective claimants preferred cross-objections seeking enhancement. The three appeals, with respective cross-objections were heard by the Division Bench and disposed of by a common order, the two learned Judges recording separate opinions. They agreed in conclusion in so far as M.A. No. 90/85 and M. A. No. 98/85 were concerned. This M. A. No. 97/85 has survived for consideration of the questions as t...
Sushila Bai W/O Ram Nihore Patel Vs. Ram Nihore Jagatdhari Prasad Pate ...
Court: Madhya Pradesh
Decided on: Oct-15-1990
Reported in: 1991(0)MPLJ329
ORDERR.C. Lahoti, J.1. The wife appellant has come up in appeal aggrieved by an order dated 4-11-1988 passed by the District Judge, Morena, rejecting her application Under Order 9, Rule 13, Civil Procedure Code seeking setting aside of an ex parte decree of divorce dated 19-1-1988 passed in C.O.S. No. 17- A/87 by the District Judge, Morena in favour of the husband/respondent.2. The application Under Order 9, Rule 13, Civil Procedure Code was filed on 28-3-1988 alleging that process server had come to her on 3-10-1987 but she told him to come on the following day because she wanted to consult her husband before accepting the summons. At that time the couple was living together. In the evening when the husband returned from the office, he told the wife that the proceedings were initiated by him in a fit of anger and the appellant need not bother nor attend the Court because he would have the proceedings terminated which would otherwise gathered the knowledge of the ex parte decree on 17-...
Production Manager, Sajjan Empex Pvt. Ltd. and anr. Vs. Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Oct-09-1990
Reported in: 1991(0)MPLJ410
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the revisional order dated 2-5-1990 passed by the Ist Additional Sessions Judge, Ratlam in Criminal Revision No. 94 of 1988 whereby the order passed by the Chief Judical Magistrate, Ratlam dismissing the complaint Under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Act') has been set aside and the case has been remanded.2. Circumstances giving rise to this revision petition are these : Shri V. G. Kale, Divisional Officer, on authority from the Chairman of the State Board, on 25-1-1988 filed a complaint Under Section 44 of the Act in the name of the State Board (vide Section 4 of the Act) in the Court of the Chief Judicial Magistrate, Ratlam against the petitioners. The petitioners objected that cognizance of the offence could not be taken in view of the provision in Section 49 of the Act which requires that the complaint has to be by the Board or with its written consent.3. ...
Subhash Chand Telang Vs. Rajlaxmi Telang
Court: Madhya Pradesh
Decided on: Oct-08-1990
Reported in: I(1992)DMC389
K.L. Issrani, J.1. This is a first appeal under Section 28 of the Hindu Marriage Act, 1955 filed by the appellant against the judgment and decree dated 9th September, 1987 passed by District Judge, Bilaspur, in Civil Suit No. 8-A of 1986, whereby the petition of the appellant for grant of divorce has been dismissed.2. The admitted facts of this case are that the respondent is the legally wedded wife of the appellant. The marriage took place on 20.3.1983, but since 9.7.1983 the parties are residing separately. Before filing the petition for divorce, a notice dated 18.7.1983 was issued to the respondent. On 2.1.1984, a child was born to the respondent out of the wedlock. But on 20th January, 1986, the appellant had filed a petition for divorce under Section 13 of the Hindu Marriage Act.3. The case of the appellant in short is that, since the respondent has left him on 9.7.1983, she has deserted and refused to come back and live with the appellant, the appellant, therefore, wants a decree...
Chaturbhuj S/O Ramprasad Yadav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-08-1990
Reported in: 1991(0)MPLJ42
ORDERK.L. Issrani, J.1. The present revision-petition has been preferred by the applicant against his conviction Under Section 7(5) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') sentencing him with rigorous imprisonment for six months and fine of Rs. 1,000/-, and in default of payment of fine, further rigorous imprisonment for six months, by the Second Additional Sessions Judge, Damoh in Criminal Appeal No. 183 of 1983, arising out of the judgment and findings dated 7-10-1983, in Criminal Case No. 1533 of 1988, passed by the Chief Judicial Magistrate, Damoh.2. The applicant is a milk seller. On 11-7-1982, he was selling cow milk in the village Tendukheda when P.W.l Food Inspector Shri J. K. Trivedi took sample of the milk from him and sent it to Public Analyst, Bhopal, who found the milk to be adulterated, as it was below the prescribed standard. The Food Inspector filed the challan against the applicant in the Court of ...
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