Madhya Pradesh Court December 1994 Judgments
Harichand Budhram Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Dec-16-1994
Reported in: 1996(0)MPLJ53
ORDERS.K. Dubey, J.1. By this petition under Articles 226/227 of the Constitution of India, the petitioner seeks a writ of mandamus or any other suitable writ, direction or order for quashing of the order of transfer dated 5-10-1993 from Jabalpur to Jorhat (Document No. 6) and the order dated 21-10-1994 (Document No. 11) rejecting his representation dated 21-10-1994 and the relieving order dated 25-10-1994 (Document No. 12).2. Brief facts giving rise to this petition are these:The petitioner was initially appointed as an adhoc Clerk in the State Forest Research Institute and College, Dehradoon. On his representation, he was transferred to Jabalpur in the Tropical Forest Research Institute, Jabalpur vide order dated 27-12-1988 (Document No. 2). The petitioner joined at Jabalpur on 25-1-1989 where his services were regularised vide order dated 11-7-1989 (Document No. 3) as the petitioner was working on the vacant post of Head Clerk in the institute at Jabalpur. Then, he was confirmed vid...
Tag this Judgment!Prem Narayan Bhatnagar Vs. Gyan Prakash Bhardwaj and ors.
Court: Madhya Pradesh
Decided on: Dec-16-1994
Reported in: 1995ACJ816
T.S. Doabia, J.1. Prem Narayan Bhatnagar is partially dissatisfied with the award of the M.A.C.T. According to him, the insurance company is equally liable to pay the compensation and the award given by the Claims Tribunal absolving the insurance company on the ground that the offending vehicle was being driven by a person who was not duly authorised is not in accordance with law.2. Brief facts of the case are that the claimant was 55 years of age at the time of the accident. It is stated that on 2.1.1990 he was going on his Luna along with his friend. When he reached the library near Motimahal, a motor-cyclist driving Bullet motor cycle bearing No. MPH 4492 hit him. He sustained bodily injuries. Tibia and fibula bones of his right leg were fractured. He had stated that he had to stay in the nursing home and his leg was put in plaster twice. The Claims Tribunal awarded the compensation amounting to Rs. 45,274/-. This was given under the following heads: Medical expenses Rs. 4,274/-Food...
Tag this Judgment!Premnarayan Bhatnagar Vs. Gyan Prakash
Court: Madhya Pradesh
Decided on: Dec-16-1994
Reported in: II(1995)ACC46
T.S. Doabia, J.1. Premnaryan Bhatnagar is partially dissatisfied with the award of the MACT. According to him, the Insurance Company is equally liable to pay the compensation and the award given by the Claims Tribunal absolving the Insurance Company on the ground that the offending vehicle was being driven by aperson who was not duly authorised is not in accordance with law.2. Brief facts of the case are that the claimant was 55 years of age at the time of the accident. It is stated that on 2.1.1990 he was going on his luna alongwith his friend, when he reached near the Library near Motimahal, a motor cyclist driving bullet motor cycle bearing No. MPH 4492 hit him. He sustained bodily injuries. Tibia and Fibula bones of his right leg were fractured. He had stated that he had to stay in the Nursing home and his leg was put in plaster twice. The Claime Tribunal awarded the compensation amounting to Rs. 45,274.00. This was given under the following heads:Medical expenses 4,174.00Food 1,00...
Tag this Judgment!Premnarayan Bhatnagar Vs. Gyan Prakash Bhardwaj and ors.
Court: Madhya Pradesh
Decided on: Dec-16-1994
Reported in: I(1995)ACC446
I.S. Doalia, J.1. Premnarayan Bhatnagar is partially dissatisfied with the award of the M ACT. According to him, the Insurance Company is equally liable to pay the compensation and the award given by the Claims Tribunal absolving the Insurance Company on the ground that the offending vehicle was being driven by a person who was not duly authorised is not in accordance with law.2. Brief facts of the case are that the claimant was 55 years of age at the time of the accident. It is stated that on 2.1.1990 he was going on his luna alongwith his friend. When he reached near the Library near Motimahal, a motor cyclist driving bullet motor cycle bearing No. MPH 4492 hit him. He sustained bodily injuries. Tibia and Fibula bones of his right leg were fractured. He had stated that he had to stay in the Nursing Home and his leg was put in plaster twice. The Claims Tribunal awarded the compensation amounting to Rs. 45,274.00. This was given under the following heads: Medical Expenses 4,174.00 Food...
Tag this Judgment!Jugal Kishore Chonksey Vs. Presiding Officer, Labour Court and anr.
Court: Madhya Pradesh
Decided on: Dec-15-1994
Reported in: [1995(70)FLR796]; (1998)IIILLJ135MP
S.K. Dubey, J. 1. This petition under Article 227 of the Constitution of India, is by the workman against the award of the Labour Court, Jabalpur, dated August 29, 1985, passed in case No. 33/83 IDR whereby after adjudication of the dispute, the Labour Court has dismissed the dispute. 2. Shri R. K. Gupta, learned counsel for the petitioner submits that the Labour Court laboured in wrong premises. True, the appropriate Government at the first instance referred the dispute in relation to the termination of the petitioner's employment vide order dated April 13, 1983. Thereafter, it issued a corrigendum to it vide Annexure-B, dated August 1, 1993 whereby the appropriate Government amended the reference by substituting the words 'termination' to 'transfer'. The petitioner and respondent No. 2 filed their statements of claim. Learned Labour Court after recording of the evidence dismissed the reference on the ground that the industrial dispute so referred is not in relation to transfer of the...
Tag this Judgment!Prem Kaur Ahuja Vs. Sardar Karam Singh
Court: Madhya Pradesh
Decided on: Dec-15-1994
Reported in: 1995(0)MPLJ938
I.P. Rao, J.1. This is a second appeal filed by the tenant against whom a decree for eviction in respect of the ground floor of the house occupied by him as a tenant has been passed.2. The respondent landlord filed a suit for eviction originally on the grounds of nuisance, arrears of rent and material alteration. By amendment dated 31-7-1979 the landlord added the ground of bond fide requirement on the allegation that his son who is working in Madhya Pradesh Electricity Board has been transferred to Jabalpur. Both the courts have ordered eviction on the grounds of nuisance, bona fide need and material alteration by making unauthorised construction of a wall and converting verandah into a room. The second appeal was admitted by this court on 28-9-1993 on the following substantial questions of law :(1) whether, in the facts and circumstances of the case, the decree granted by the Courts below for ejectment under Section 12(1 )(a), (c) and (m) of the M. P. Accommodation Control Act, 1961 ...
Tag this Judgment!Badri Lal Vs. Bharat Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-15-1994
Reported in: 1996ACJ1205
R.D. Shukla, J.1. This order shall dispose of M.A. Nos. 141 and 147 of 1986. Both these appeals arise out of the judgment and award dated 1.2.1986 of IIIrd Member, Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 75 of 1983, whereby the claimant-appellant Badri Lal has been awarded a compensation of Rs. 89,959.75 with interest at the rate of 12 per cent per annum from the date of application till realisation, i.e., 22.8.1983 for having sustained injuries including permanent disability of right hand to the tune of 75 per cent and for damages to the motor cycle, in a motor accident on 24.2.1983.2. There is no dispute that truck tanker No. CPC 736 is owned by respondent No. 2, M.P. Dairy Development Corporation, which shall hereinafter be referred to as 'Corporation' and was driven by Bharat Singh on the date of the accident, i.e., 24.2.1983. It was insured with respondent No. 3. The claimant Badri Lal is the owner of motor cycle bearing No. CPO 2343.3. The case of the cl...
Tag this Judgment!Badrilal Vs. Bharatsingh and ors.
Court: Madhya Pradesh
Decided on: Dec-15-1994
Reported in: II(1995)ACC19
R.D. Shukla, J.1. This order shall dispose of M.A. Nos. 141/86 and 147/86. Both these appeals arise out of the Judgment & award dated 1.2.1986 of IIIrd Member, Motor Accident Claims Tribunal, Indore, passed in Claim Case No. 75/83, whereby the claimant-appellant Badrilal has been awarded a compensation of Rs. 89,959.75 with interest @ 12%p.a.from the date of application till realisation i.e., 22.8.83 for having sustained injuries including permanent disability of right hand to the tune of 75% and for damages to the motor cycle, in a motor accident on 24.2.1983.2. There is no dispute that truck tanker No. CPC 736 is owned by respondent No. 2, M.P. Dairy Development Corporation, which shall hereinafter referred to as 'Corporation and was driven by Bharatsingh on the date of accident i.e., 24.2.1983. It was insured with respondent No. 3. The claimant Badrilal is the owner of Motor cycle bearing No. CPO 2343.3. The case of the claimant in brief is that on the date of accident the claimant ...
Tag this Judgment!Amarchand Parakh Vs. Laxmi Prasad Agrawal
Court: Madhya Pradesh
Decided on: Dec-13-1994
Reported in: 1996(0)MPLJ711
ORDERD.P.S. Chouhan, J.1. The present revision is the outcome of the order dated 3-8-1994 passed on the application of the defendant under Order 26, Rule 4, Civil Procedure Code.2. The trial Court rejected the application on the ground that the defendant has not shown sufficient cause that why the witness cannot come to the Court.3. Heard Shri H. B. Agarwal, learned counsel for the applicant and the learned counsel for the non-applicant, Shri Abhay Sapre.4. Learned counsel for the applicant submitted that under Order 16, Rule 21, Civil Procedure Code the Court cannot order a person to appear before the Court and to give evidence as the witness about whom a prayer for examination on commission was made, was residing beyond the local limits of Court's ordinary jurisdiction and also beyond the limit provided under the provision. This submission did not find favour as the witness can be produced under Rule 1-A of Order 16. But it is not necessary to deal on this point as the revision appli...
Tag this Judgment!South Eastern Coal Fields Ltd. and anr. Vs. Azad Koyla Shramik Sabha a ...
Court: Madhya Pradesh
Decided on: Dec-12-1994
Reported in: (1996)ILLJ232MP
ORDERS.K. Dubey, J.1. The petitioner-employer has challenged the award of the Central Government Industrial Tribunal dated December 19, 1989 (Annexure -2) whereby on an industrial dispute being raised by the Respondent No. 1, the Union, the appropriate Government referred the dispute vide order dated January 30, 1986 for adjudication of the Tribunal in the following terms of reference.'Whether the action of the management of] Chirimiri Area of Western Coal fields Limited, P.O. Chirimiri Colliery, Distt. Surguja (M.P.) in not giving an opportunity to the workers (listed in the annexure to the schedule), subsequent to their termination from services is justified, if not, to what relief are these workers entitled'In the first round, the reference was answered in negative. Aggrieved of that the Union preferred a writ petition being M.P. No. 375/88, wherein this court, by order dated August 2, 1989, remitted the case to the Tribunal for deciding the reference and for passing a fresh award i...
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