Madhya Pradesh Court February 1993 Judgments
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Anjali Vs. State Bank of India and ors.
Court: Madhya Pradesh
Decided on: Feb-18-1993
Reported in: (1994)IILLJ312MP
Gyani, J. 1. Undisputed facts of the case arc that the petitioner was employed in the State Bank of India as Cashier-cum-Clerk and posted as such in Jeewaji Chowk Branch at Gwalior from July 3, 1980 to February 19, 1983, on which date she was transferred to Indore where she joined the next day i.e. February 20, 1983.2. Admittedly the petitioner operated three accounts, one standing individually in her name, and the remaining two jointly with mother Smt. Indu Sahastrabudhe, and sister Neeta Sahastrabudhe respectively. Her personal account was closed on March 16, 1983. The account held along with mother was closed on June 21, 1983 and with sister on February 18, 1983. More than ten months after her transfer from Gwalior the petitioner was given to understand that certain amount without indicating any break-up approximately Rs. 4980/- had been overdrawn from her accounts, which she was asked on December 29, 1983 to make good which she did.3. According to the petitioner a draft letter was ...
State of Madhya Pradesh and anr. Vs. Dr. B.N. Singh
Court: Madhya Pradesh
Decided on: Feb-18-1993
Reported in: 1994(0)MPLJ275
R.C. Lahoti, J.1. Defendant/State through the Secretary, Education Department (Collegiate Education) has come up in second appeal feeling aggrieved by the judgment and decree of the lower appellate court directing a suit for declaration and consequential reliefs relating to service matter filed by the plaintiff/respondent to be decreed in reversal of the decree of the trial court which had dismissed the suit.2. The plaintiff was serving as an Assistant Professor in the Education Department of the Government of Madhya Pradesh. He was at one time posted at Pichhore and thereafter transferred to Sheopur-Kalan. The efficiency bar in his pay scale had fallen due for release on 1-7-1977. However the entries in his confidential reports were adverse for the years 1975-76, 1977-78 and 1978-79 which resulted in denying release of efficiency bar. The plaintiff sought for a declaration that adverse entries in confidential reports for the years 1975-76, 1977-78 and 1978-79 were null and void as hav...
Shrimant Rajmata Vijaya Raje ScIndia, Gwalior Vs. Jyotiraditya ScIndia ...
Court: Madhya Pradesh
Decided on: Feb-16-1993
Reported in: AIR1993MP184
T.N. Singh, J. 1. This Order shall dispose of two inter linked matters, heard analogously. Both matters arise out of a common order passed on 16-10-1990 in Civil Suit No. 9A of 1990, by learned Fourth Additional District Judge, Gwalior. By that order, he disposed of simultaneously the application of plaintiff Jyotiraditya Scindia for temporary injunction and the application of the appellant/revisionist, Shrimant Vijaya Raje Scindia, impleaded in the suit as defendant No. 1, for rejection of the plaint. He held that the plaintiff's suit and his application for temporary injunction could not be thrown out at the threshold and that no case was made out to do so under Order VII, Rules 5, 7 and II read with Section 151, C.P.C. In deciding the application of the plaintiff for temporary injunction, he found a prima facie case made out and held that balance of convenience was in favour of the plaintiff who would suffer irreparable injury if defendant No. 1 was not restrained from alienating, t...
Govind Prasad Agrawal Vs. Bhurelalji Agrawal and ors.
Court: Madhya Pradesh
Decided on: Feb-16-1993
Reported in: 1993(0)MPLJ821
ORDERR.P. Awasthy, J. 1. It is a Misc. Appeal under Section 39 of the Arbitration Act (Act in short) against the Judgment and decree dated 11-4-90 passed by the Second Additional Judge to the Court of District Judge, Hoshangabad, in Civil Suit No. 2-A of 1989, making awards dt. 19-8-1988 and 28-3-1989, made by the arbitrators as rule of the court.2. There is not much dispute about the facts of the case which are as below:--Bhurelal (respondent No. 1) is the father of respondent No. 2 Gajanand and petitioner Govind Prasad, Respondent No. 3 Gopal Prasad Agrawal happens to be the son of Bhurelal. All of the said four persons viz. Bhurelal, Gajanand, Govind Prasad and Gopal Prasad were and are running a partnership business at Itarsi, District Hoshangabad. The name of the said registered partnership concern was and is Mohanlal Hiralal of Itarsi. Respondents 4 and 5 viz. Banwarilal and Gopal Prasad Agrawal were appointed as arbitrators as per arbitration agreement dt. 17-8-1988. The said ar...
Balmukund Shrikishan Daga Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-16-1993
Reported in: 1994ACJ1299
P.P. Naolekar, J.1. The plaintiff filed a suit for recovery of damages of Rs. 30,730/- with interest and demurrage charges for short delivery of linseed oil and weighment charges of Rs. 165/-. On 23.5.1978, the plaintiff is found to have booked one tank linseed oil from Rajnandgaon, Madhya Pradesh, to Jalandhar City in Punjab vide invoice No. 1, railway receipt No. 220382 in wagon No. E.R.T.P. 61351 at the railway risk rate for the delivery at the destination. On 15.6.1978 the goods reached Jalandhar City. But as there was leakage in the tanker, the plaintiff's agent asked for an open delivery. On 24.6.1978 a book delivery was given to the plaintiff and on 27.6.1978 the goods were weighed and it was found that there was a shortage of 3,250 kg. of linseed oil. The delivery of the goods was given to the plaintiff on 4.7.1978. As per the claim, at the relevant time, at Jalandhar City the rate of linseed oil was Rs. 6.90 per kg. and, therefore, plaintiff had suffered damages of Rs. 22,425/...
Munshi Singh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-15-1993
Reported in: 1993(0)MPLJ445
ORDERS.K. Dubey, J. 1. In Criminal Appeal No. 180/1987 filed by 14 accused persons, namely, Munshisingh, Babusingh, Prakashsingh, Kripalsingh, Hanumansingh. Bhagwansingh, Surendrasingh, Sundersingh, Pramodsingh, Narendrasingh, Indersingh. Devendrasingh alias Pooran, Jagveersingh and Rajendrasingh, against their conviction and sentences, a Division Bench of this Court of Hon'ble Shri K.K. Varma, J. now retired. and one of us (S.K. Dubey, J.). who delivered the judgment on 15-12-1992.dismissed the appeal of 8 accused persons, and after appreciating the evidence of the eye-witnesses and the medical evidence, acquitted those accused persons who were armed with lathis and stick, as their participation and infliction of lathi blows was found to be suspicious because of the omnibus statements of eye-witnesses including that of injured P.W.2 'Nattha, which was discrepant with the FIR (Ex. P-41) and medical evidence. But. in operative part of the judgment, out of six such accused, appeal of onl...
Morena Mandal Sahakari Sakhar Karkhana Ltd. and anr. Vs. Madhya Prades ...
Court: Madhya Pradesh
Decided on: Feb-15-1993
Reported in: 1993(0)MPLJ487
ORDERS.K. Chawla, J.1. This is a revision by the accused persons challenging revisional order dated 1-10-1988 passed by the Sessions Judge, Morena setting aside Magistrate's order rejecting the complaint against accused persons and also remanding the case to the Magistrate for proceeding further in accordance with law.2. A complaint was filed in the name of M. P. Pradushan Nivaran Mandal (hereinafter referred to as the State Board) signed by its Member-Secretary Shri R. K. Khare in the Court of Judicial Magistrate First Class, Sabalgarh on 7-8-1985 against two accused persons named 'The Morena Mandal Sahkari Shakkar Karkhana Ltd.' and General Manager of the said factory. These are the petitioners in this revision petition. The allegation made was that the accused persons were running a sugar factory and discharging effluents in contravention of the provisions of Sections 25 and 26 of Water (Prevention and Control on Pollution) Act, 1974 (hereinafter called the Act) and thereby were com...
Narayan Singh Bhawar Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-12-1993
Reported in: 1993(0)MPLJ437
ORDERS.K. Chawla, J.1. By this revision the accused challenges his conviction and sentence under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, recorded by the trial Court and affirmed by the appellate Court.2. The prosecution case was that on 28-10-1985, at about 8.30 a.m., applicant Narayan Singh was seen carrying milk in two canisters slung to the cycle in Civil Lines, Datia. Food Inspector Ram Hazur Shrivastava (P.W.1) stopped him and purchased a sample of milk from him measuring 660 ml. The applicant gave out that the milk was cow milk. The sample milk was put into 3 glass phials after adding prescribed quantity of formalin in each. Phials were duly packed and sealed. One of the phials was sent by the Food Inspector to Public Analyst, Bhopal for analysis. The Public Analyst, vide his report Ex. P-10, reported that the sample milk contained fat 4.0% and solids non-fat (SNF) 5.81%. This was below the standard prescribed for cow milk and ...
Gopaldas (Firm) Vs. Krishi Upaj Mandi Samiti and ors.
Court: Madhya Pradesh
Decided on: Feb-12-1993
Reported in: 1993(0)MPLJ985
R.C. Lahoti, J. 1. This Judgment shall govern the disposal of S. As. No. 236/86 filed by Firm Gendalal Bhanwarlal Jain, Guna and No. 15/87 filed by Firm Dhankumar Vijaykumar Jain, Grain Merchants. Guna, the three appeals having been heard analogously being against the same respondents in view of the common questions of fact and law arising therein.2. All the three appeals raise the following common substantial question of law:--''Whether the lease in favour of plaintiff/appellant created by officer-in-charge is valid in view of Sections 25, 56 and 57 of M. P. Krishi Upaj Mandi Adhiniyam, 1972'Shri R. D. Jain the learned counsel for appellants in S.As. Nos. 235 and 236/86. Shri Anil Mishra the learned counsel for appellants in S.A. No. 15/87 and Shri V. K. Bharadwaj, the learned counsel for respondent Mandi Samiti have been heard.3. The facts, no longer in controversy at the stage of this second appeal and in so far as relevant for the disposal of these appeals, may briefly be noticed. ...
Omprakash and ors. Vs. Suratram and ors.
Court: Madhya Pradesh
Decided on: Feb-12-1993
Reported in: 1994(0)MPLJ291
ORDERR.C. Lahoti, J.1. Petitioners have come up in revision feeling aggrieved by order dated 1-5-1992 of the trial Court disposing of a preliminary issue holding the plaint liable to ad valorem court-fees under Section 7(iv)(c) of the Court Fees Act, 1870 and consequently insufficiently stamped at present.2. The suit property is an agricultural holding wherein the plaintiffs have a share along with the defendant No. 2 and others. On 4-7-1989, the defendant No. 2 has executed a deed of sale in favour of defendant No. 1 alienating the entire interest in the suit property. It appears that in executing the sale-deed and presenting it for registration, the defendant No. 2 has purported to act on his own behalf as also in the capacity of power of attorney holder of the plaintiffs- The sale-deed has been challenged by the plaintiffs on three grounds : firstly, that the defendant No. 2 was never appointed an attorney by the plaintiffs and hence could not have acted on their behalf; secondly, t...
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