Madhya Pradesh Court August 1992 Judgments
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Bala Prasad Rajoriya Vs. Madhya Pradesh Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Aug-17-1992
Reported in: 1993(0)MPLJ7
ORDERS.K. Dubey, J. 1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus commanding the respondents/M.P. Electricity Board through its Chairman and othera (for short, the 'Board') to continue him in employment till the expiry of the period of one year as per appointment order (Annexure P/1) dated 7-2-1990 and for quashing of the order of termination of re-employment (Annexure P/3) dated 23-8-1990.2. The facts leading to this petition are that the petitioner on his retirement from Police Department from the post of Inspector, was appointed as Vigilance Inspector by the Board for a period of one year on the terms and conditions contained in Annexure P/1; the contract was terminable in terms of condition No. (iv) by either side on one month's notice or on one months salary (including allowances) in lieu thereof. The petitioner was posted in the office of Superintending Engineer (O & M ), Morena, where he ...
Bank of Baroda Vs. Collector of Indore and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1992
Reported in: [1995]82CompCas580(MP); 1993CriLJ3503; 1993(0)MPLJ90
S.K. Jha, C.J.1. The question which falls for determination in this case is as to what will be the effect of a legal seizure and confiscation under Section 6A of the Essential Commodities Act, 1955, over the rights of a bank to whom the goods seized and confiscated are pledged under a cash credit agreement.2. The short facts giving rise to this petition under Articles 226 and 227 of the Constitution of India are these :The petitioners are a banking company in the public sector, governed by the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act No. 5 of 1970), having their principal office at Mandvi, Baroda, and a branch office at Indore. In the ordinary course of their business of banking, the petitioners advanced a cash credit loan to respondent No. 5, Indore Produce Company, against the security of pledge of stocks of soya bean to be purchased by respondent No. 5 for the purpose of sale, as dealers of soya bean. Copies of the agreements ente...
New India Assurance Co. Ltd. Vs. Mahila Munnidevi and ors.
Court: Madhya Pradesh
Decided on: Aug-11-1992
Reported in: 1992(0)MPLJ879
ORDERT.N. Singh, J.1. Today, in this matter, Shri Balwant Singh has appeared who could not be heard on the last date in Civil Revision No. 133 of 1991, disposed of on 8-8-1992 by severing connection of that from this Revision.2. He has submitted that it is his duty to bring to my notice the fact that there is a decision to the contrary in Bhagwati Prasad v. Oriental Fire and General Insurance Co., 1989 (I) MPWN 6. He has submitted that view was taken in that case that driver was not necessary party while, in the order aforesaid dated 8-8-1992 as also in the case of Shahzad Khan, 1986 (I) MPWN 28, it has been held that driver is a necessary party.3. However, I do not think if it is at ail necessary to refer to the Larger Bench the question to resolve the controversy because there was no controversy at all as will be seen presently. The question of joinder of parties had come up before me in revision in both cases in Shahzad Khan (supra), C. R. No. 221 of 1985, and in the last case decid...
Oriental Insurance Co. Ltd. Vs. Shri Prakash and ors.
Court: Madhya Pradesh
Decided on: Aug-11-1992
Reported in: I(1993)ACC393; 1993ACJ1085
R.D. Shukla, J.1. This revision is directed against the order dated 20.1.1992 passed by the IVth Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 64 of 1991, whereby the appellant insurance company has been directed to make payment of the interim award to the tune of Rs. 12,000.2. The contention of the learned counsel for the appellant is that the driver and the owner of the vehicle have not been served and it is the risk of the owner, that is, covered by the insurance company and, therefore, the interim award could not be passed. The second contention of the learned counsel for the appellant is that the insurance was done after the accident and, therefore, the insurance company is not liable.3. As against it learned counsel for the respondents has submitted that the interim compensation is paid to the claimant at the earliest and, therefore, all these formalities are not required to be observed and subsequently if it is found that the vehicle was not insured with the...
New India Assurance Co. Ltd. Vs. Munnidevi and ors.
Court: Madhya Pradesh
Decided on: Aug-11-1992
Reported in: 1993ACJ1066
T.N. Singh, J.1. Today, in this matter, Mr. Balwant Singh has appeared who could not be heard on the last date in civil revision No. 133 of 1991, disposed of on 8.8.1992 by severing connection of that from this revision.2. He has submitted that it is his duty to bring to my notice the fact that there is a decision to the contrary in Bhagwati Prasad v. Oriental Fire & General Ins. Co. Ltd. 1989 (1) MPWN 6. It has been submitted that view was taken in that case that driver was not necessary party while, in the order aforesaid dated 8.8.1992 as also in the case of Shahzad Khan, 1986 (1) MPWN 28, it has been held that driver is a necessary party.3. However, I do not think if it is at all necessary to refer to the larger Bench the question to resolve the controversy because there is no controversy at all as will be seen presently. The question of joinder of parties had come up before me in revision in both cases in Shahzad Khan, 1986 (1) MPWN 28 and in the last case decided on 8.8.1992 in c...
New India Assurance Co. Ltd. Vs. Niraj and anr.
Court: Madhya Pradesh
Decided on: Aug-11-1992
Reported in: I(1993)ACC354; 1993ACJ1278
R.D. Shukla, J.1. This appeal is directed against the award dated 18.7.1990 of the Vth Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 191 of 1987, whereby the respondent No. 1 (here) has been awarded a compensation of Rs. 37,523 with an interest of 12 per cent per annum from the date of filing of petition before the learned Tribunal, i.e., 11.2.1986 with a further direction of all the payments to be made by the insurer (appellant here).2. The brief history of the case is that the claimant-respondent No. 1 filed a claim petition before the learned Tribunal on 11.2.1986 with the assertion that he was travelling as a passenger in a tempo No. MPN 8177, on 6.11.1985 at about 4.30 p.m. when it met with an accident. He sustained injuries on his hand which has caused permanent partial disability. He claimed Rs. 72,800/- in all. The respondents denied the claim. However, learned Tribunal found that the vehicle was driven negligently and as such awarded the amount as above.3. ...
Bharat Chand Chaturvedi Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-10-1992
Reported in: (1993)IILLJ412MP; 1993(0)MPLJ159
ORDERD.M. Dharmadhikari, J.1. This petition is directed against the order passed by the Member Judge, Industrial Court, Indore, thereby the Industrial Court refused to uphold he order passed by the Labour Court on the ground that the M.P. Public Health Engineering Department is not an industry covered by Item 16 of the Schedule to the M.P. Industrial Relations Act, 1960.2. The facts leading to this case are as under: -The petitioner was employed in Shahpur Water Project. By order dated May 31, 1980, his services were terminated because of remaining absent between May 25, 1980 to May 30,1980. The petitioner challenged the said order before the Labour Court under Section 31 read with Section 61 of the M.P. Industrial Relations Act, 1960. The Labour Court recorded the evidence and gave an award in his favour, holding that the provisions of M.P. Industrial Relations Act, 1960 apply to the establishments of the Public Health Engineering Department of the Slate Government. It was also held t...
R.S. Sharma Vs. M.P. Uchcha Siksha Anudan Ayog and anr.
Court: Madhya Pradesh
Decided on: Aug-10-1992
Reported in: 1992(0)MPLJ982
ORDERD.M. Dharmadhikari, J.1. The petitioner is working as Lecturer in Nav-Yug College at Jabalpur. The College is an 'institution' governed by the provisions of Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (in short 'the Adhiniyam'). The recruitment to the institutions receiving grant-in-aid from respondent No. 1 M. P. Uchcha Shiksha Anudan Ayog (in short 'the Ayog') is regulated by recruitment rules named as the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ki Bharti) Niyam, 1979.2. The petitioner is aggrieved by two communications dated 7-8-1985 (Annexure-F) and dated 4-3-1986 (Annexure-J) of the respondent Ayog whereby the Principal of the College has been informed that the selection and appointment of the petitioner as Lecturer in the College have not been recognized by the Ayog. The result of the impugned communications is that the grant-in-aid for payment of salary of the pos...
Akram and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-10-1992
Reported in: 1993CriLJ1630
A.R. Tiwari, J.1. In this appeal, the judgment passed by IInd Addl. Sessions Judge, Dewas in Sessions Trial No. 65/86 on 24-9-1991 thereby convicting the appellants for offences punishable under Sections 148, 302/149 and 307/149 of the Penal Code and sentencing each of them to suffer imprisonment for life and fine of Rs. 1,000/- and in default, Rigorous Imprisonment for six months under Section 302/149 of the Indian Penal Code, Rigorous Imprisonment for five years and fine of Rs. 250/- and in default, Rigorous Imprisonment for one month under Section 307/149 of the Penal Code and fine of Rs. 250/- and in default, Rigorous Imprisonment for one month under Section 148 of the Penal Code with a direction that a sum of Rs. 4,000/- shall be paid each as compensation to Raiyasa, widow of Basheerkhan and to Niyazan, widow of Bubukhan out of the fine so imposed, has been assailed.2. Factual matrix lies in a narrow compass. The fields of the complainant party and the accused party are adjacent t...
Mukhtyar Singh Vs. Food Corporation of India and ors.
Court: Madhya Pradesh
Decided on: Aug-08-1992
Reported in: (1994)IILLJ488MP; 1992(0)MPLJ902
ORDERS.K. Chawla, J.1. The petitioner in this petition challenges the order of termination of his service, claiming reinstatement with back wages.2. The petitioner-Mukhtyar Singh was appointed Assistant Grade III (Accounts) in Sports Quota, vide letter of appointment dated December 30, 1987 (Annexure P-11) by Senior Regional Manager, Food Corporation of India, Bhopal (respondent No. 2 herein). He was posted at Gwalior and joined his duties on December 31, 1987, vide Annexure P-12. His appointment was on probation for one year, which could be extended by a further period not exceeding one year. His services were, however, terminated with immediate effect on payment of one month's salary in lieu of notice period, vide termination order dated November 15, 1988, Annexure P-17. It will thus be seen that petitioner remained in service for a little less than one year.3. The case of the petitioner is that his termination was arbitrary, illegal and unconstitutional. No enquiry was held regardin...
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