Madhya Pradesh Court December 1992 Judgments
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Gopal Das Daga Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Dec-15-1992
Reported in: (1994)ILLJ929MP
D.M. Dharmadhikari, J. 1. The petitioner was employed with the Central Bank of India, Raipur as sub-accountant His services were terminated on November 22, 1988. He approached this Court earlier in writ petition, Misc. Petition No. 2769 of 1989 but withdrew it on August 23, 1989 with liberty to raise an industrial dispute. Thereafter, he approached the Asstt. Labour Commissioner, Raipur, for conciliation proceedings. The conciliation failed. The failure report is Annexure B dated January 29, 1990. The management of the Central Bank of India did not agree taking a plea that there was no merit in the case of the petitioner. The failure report was submitted to the Union of India for a reference under Section 10 of the Industrial Disputes Act, 1947. By the impugned communication dated September 10, 1990 (Annexure C), the Union of India, department of labour, refused to make a reference communicating reasons for: refusal as under: 'It appears that Shri Gopal Das Daga was working as an offic...
Rewa Sidhi GramIn Bank and ors. Vs. Rejendra Prasad Saxena
Court: Madhya Pradesh
Decided on: Dec-15-1992
Reported in: (1993)IILLJ399MP; 1993(0)MPLJ209
K.L.Issrani,J.1. The present appeal arises out of the judgment and decree dated March 8, 1991 passed by the District Judge, Rewa, in Civil Appeal No. 30-A of 1990 reversing the judgment and decree dated January 12, 1990, passed by Second Civil Judge, Class II, Rewa, in Civil Suit No. 134-A/89.2. The plaintiff-respondent was working as Branch Manager of Rewa Sidhi Gramin Bank, a bank incorporated under Regional Rural Banks Act, 1976. On November 22, 1982 he submitted his resignation (Ex.P-6) making it 'effective after the expiry of three months'. But it was accepted by the Chairman of the Bank on November 23, 1982 vide letter (Ex/.P-8) mentioning therein that 'three months' notice has been waived'. Next day, i.e. on November 24, 1982 the plaintiff-respondent withdrew his resignation by letter Es. P-7 stating therein 'honestly I want to continue my services and request to treat my resignation as null and void'. The plaintiff-respondent again addressed his letter dated December 3, 1982 (E...
New India Assurance Co. Ltd. Vs. Subhash JaIn and ors.
Court: Madhya Pradesh
Decided on: Dec-15-1992
Reported in: 1993ACJ412
T.N. Singh, J.1. Heard counsel.2. A part of the award is without jurisdiction. About that I have no doubt. Accordingly, the award stands modified for 2 reasons to follow. A car was damaged and trial court has awarded in total Rs. 16,000/- to respondent No. 1, the registered owner of the car. The contention pressed by the appellant which I find justified is that in terms of its jurisdictional competence the Claims Tribunal under Section 110 of the Motor Vehicles Act can award compensation for the damage caused to the property and no compensation on any other head can be allowed to third party when claim is for any damage caused to the property. In the instant case, the Tribunal has awarded Rs. 2,500/- for mental pain and suffering due to the damage caused to the car and Rs. 7,500/- for loss in business, being deprived of the use of the car. Such an award is not contemplated in law.3. For repair of the car compensation can be awarded and rightly in my view Rs. 6,000/- has been awarded on...
Ram Sahai and ors. Vs. Jai Prakash and anr.
Court: Madhya Pradesh
Decided on: Dec-11-1992
Reported in: AIR1993MP147; 1993(0)MPLJ273
R.C. Lahoti, J.1. Peculiar facts have given rise to this appeal. It is a classical example of petty landlord-tenant litigation being dragged on for unreasonable length of time, thanks to procedural tools available to unscrupulous litigants and errors of procedure unwittingly committed in law Courts.2. The suit accommodation is residential held by the tenant/defendant/appellant on a monthly rent of Rs. 60/-. The plaintiff/ respondent is a practising lawyer. It appears that the defendant/appellant No. 1 was a clerk in the office of the plaintiffs father, who too is an Advocate. Presumably this close affinity, and probably the convenience of the Advocate father and son, persuaded them in permitting their clerk occupying their premises as a tenant some time in the year 1974-75. According to the defendant No. I, he snapped his office relationship with the plaintiff w.e.f. 30-9-1976. The plaintiff must have expected the defendant No. 1 to vacate the premises simultaneously with his dissociat...
Dropadibai and ors. Vs. Laxminarayan and ors.
Court: Madhya Pradesh
Decided on: Dec-11-1992
Reported in: 1993(0)MPLJ338
R.C. Lahoti, J. 1. Plaintiffs have come up in second appeal feeling aggrieved by the Judgments and decrees of the Courts below directing their suit for ejectment and recovery of rent and mesne profits to be dismissed.2. For the purpose of this appeal, it would suffice to notice only the findings of fact arrived at by the Courts below which are not only not challenged but are also immune from challenge in second appeal.3. The suit was filed by Deepchand against Dharamveer both of whom have expired during the pendency of these proceedings. Dropadibai and Ors., the appellants, are the legal representatives of late Deepchand, the plaintiff. Laxminarain and Ors., the respondents, are the legal representatives of late Dharamveer, the defendant. In this Judgment, the parties would be referred to as plaintiff and defendant.4. The suit property is a plot of land admeasuring 20' X 32' situated at 'Jhansi-loop-road-Mora' locality of Gwalior. Both the Courts below have found that : (i) The plainti...
Shyam Bhagwan Dubey Vs. Shaikh Nizam and ors.
Court: Madhya Pradesh
Decided on: Dec-09-1992
Reported in: AIR1994MP52; 1994(0)MPLJ260
S.K. Jha, C.J.1. The only substantial question which has been framed in this suit at the time of admission of Us appeal is 'whether the amount deposited by the tenant in compliance to the provisions of Section 13(1) of the M.P. Accommodation Control Act, 1961, can be allowed to be refunded to the tenant even though the tenant was in arrears of rent and had deposited the same to seek protection against eviction.'2. The only relevant facts for the disposal of this appeal are these :There is a small shop which was let out by the appellant/landlord to the respondent/ tenants/defendants round about the year 1972 or 1973. The respondents/tenants defaulted in payment of rent. Hence, the present suit was filed by the appellant/landlord for eviction of the respondents/tenants from the suit premises. The issues framed in the suit were : (i) Whether the defendants could be evicted from the disputed premises or not? (ii) Whether the defendants had defaulted in the payment of rent on account of whi...
Bachubai Vs. Dulesingh
Court: Madhya Pradesh
Decided on: Dec-09-1992
Reported in: I(1995)DMC496
C.K. Prasad, J.1. The petitioner is aggrieved by the order dated 7-10-1983 passed by the Additional Sessions Judge, Jhabua, in Criminal Revision No. 40/85, whereby the order of maintenance passed by the Chief Judicial Magistrate, Jhabua, dated 25-3-1985, in Criminal Case No. 61 of 1994, had been reversed. The learned Magistrate on an application filed by the petitioner has directed to the opposite party herein for payment of Rs. 150/- as maintenance to her.2. That the petitioner has filed an application before the learned C.J.M., Jhabua, under Section 125 Cr.P.C. stating therein that she was married to the opposite party and she has given birth to a daughter. The marriage, according to the petitioner, has taken place 7 years before the birth of the daughter, in the month of Phalgun. The petitioner was assaulted by the opposite party and driven away from the matrimonial home. It was further stated that the petitioner's father bad gone to the house of the party alongwith her but the oppo...
Shri Mahalaxmi Construction Corporation and ors. Vs. Chief Engineer, Y ...
Court: Madhya Pradesh
Decided on: Dec-08-1992
Reported in: 1993(0)MPLJ295
ORDERS.K. Dubey, J. 1. The aforesaid two petitions are disposed of by this common order.The three petitioners in M. P. No. 1430 of 1992 carry on business of construction of buildings, dams, etc. Petitioners Nos. 1 and 2 are the registered partnership firms, and petitioner No. 3 is a company incorporated and registered under the Companies Act, 1956. The three petitioners jointly intended to submit their tender for construction of masonry dam of Sindh Phase II of Madikheda Dam, District Shivpuri; for that petitioner No. 1 Mahalaxmi Construction Corporation through one Vijay Choudhary, a constituted attorney of the two partnership firms and Chairman of the Board of Directors of petitioner No. 2, was authorised to act and to do all lawful acts for the joint venture as one of the prospective tenderers.2. In Misc. Petition No. 1431 of 1992 both petitioners are limited companies, incorporated and registered under the Companies Act, and carry on business of construction of buildings, dams, etc...
Takhat Singh Vs. Ratan Lal and ors.
Court: Madhya Pradesh
Decided on: Dec-05-1992
Reported in: 1994ACJ1103
S.K. Dubey and S.K. Chawla, JJ.1. Notices were issued to the respondent Nos. 1 to 4 by registered A.D. post, but the same have not been received back. Therefore, we presume service under Order 5, Rule 19-A, Civil Procedure Code, effected on the said respondents. Though the office has listed this appeal for default in depositing paper-books' costs, in our opinion, it is not necessary, as the appeal can be disposed of right now.2. Counsel heard.3. The claim petition of the appellant was dismissed on 9.9.1985 as he committed default in depositing publication charges for effecting service by way of publication on respondent Nos. 1 to 4. Counsel for the appellant submits that an amount of Rs. 1,000/- towards publication was ordered to be deposited, but the appellant being a poor and handicapped person could not deposit the same, nor the court granted time.4. Considering the peculiar circumstances of the case, we quash the award and restore the claim petition of the appellant and direct the ...
Bhirki and ors. Vs. Sardar Jaspal Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-04-1992
Reported in: 2(1993)ACC68
V.S. Kokje, J.1. This is Claimants appeal for enhancement of compensation in the case of a death arising out motor accident.2. It is not in dispute that on 28-7-90 truck bearing registration number C.I.U. 8153 was driven rashly and negligently and it hit Jhitra near village Deozire, District Jhabua with the result that Jhitra suffered injuries which proved fatal.3. It is also not in dispute that the Claimants are widow, mother and two minor daughters of deceased Jhitra. Jhitra was 25 years of age and used to earn as a village labourer Rs. 25/- per day. The Claimants Claimed a total compensation of rupees 10,21,000/- on various counts.4. The Tribunal held that Jhitra earned Rs. 600/- per month as a labourer, that dependency was Rs. 350/- due to loss of wages for six months together with Rs. 1680/- due to loss of argiculture making a total loss of earning of Rs. 3780/- per year. The age of Jhitra was held to be 30 years and, therefore, a multiplier of 15 was applied in view of the decisi...
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