Madhya Pradesh Court February 1995 Judgments
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Raja Ram, Maize Products Vs. the State Industrial Court and anr.
Court: Madhya Pradesh
Decided on: Feb-20-1995
Reported in: (1995)IILLJ1014MP
ORDERM.V. Tamaskar, J.1. The order passed in this Writ Petition shall also govern the disposal of the Writ Petition No. 3057 of 1994 Raja Ram, Maize Productions v. State Industrial Court and Anr., Writ Petition No. 3058 of 1994 (Raja Ram, Maize Products v. State Industrial Court and Anr.) and Writ Petition No. 3059 of 1994. (Raja Ram, Maize Products v. State Industrial Court and Anr.). In all those petitions the workman was dismissed in 1985. The said dismissal was challenged before the Labour Court. The Labour Court decided the matter in favour of the worker holding that the worker was entitled for reinstatement and 3/4th back wages.2. The said order of reinstatement have been challenged before the State Industrial Court, Bench Raipur. The State Industrial Court by order dated August 4, 1994 directed to make payment of full wages last drawn under Section 65(3) of the M.P. Industrial Relations Act. Section 65(3) of M.P. Industrial Relations Act reads thus:-'(3) where in any case, a Lab...
Sarita Malviya Vs. Rajendra Malviya
Court: Madhya Pradesh
Decided on: Feb-20-1995
Reported in: I(1995)DMC667
U.L. Bhat, C.J.1. Wife of the respondent, dissatisfied with the order passed by the Matrimonial Court under Section 24 of the Hindu Marriage Act has filed this revision petition.2. Revision petitioner claimed interim maintenance pendente lite at the rate of Rs. 1,000/- per month and Rs. 20,000/- towards expenses. The application was opposed by the respondent husband. The Court awarded Rs. 500/- per month as maintenance pendente lite and Rs. 1,200/-towards expenses. Revision petitioner has filed this revision on the ground that the amounts awarded are too meagre.3. Respondent receives salary above Rs. 2,000/- after all deductions. Haying regard to this circumstance, it does not appear that the rate of maintenance awarded is too low. However, it is clear that the lower Court did not take into consideration the various heads under which the revision petitioner will have to incur expenditure for the conduct of the case. She has to go from Burhanpur, her place of residence, to Jabalpur wher...
Hari Singh Patel and anr. Vs. Janpad Panchayat and ors.
Court: Madhya Pradesh
Decided on: Feb-20-1995
Reported in: 1996(0)MPLJ418
ORDERM.V. Tamaskar, J.1. By this petition the petitioners who are members of Zila Panchayat and Gram Panchayat have challenged the constitution of Standing Committees of the Janpad Panchayat, Hoshangabad. The objection of the learned counsel for the petitioners is that the elections were notified on 26-7-1994 as such elections to the Standing Committee should have been held within one month from the said date and in any case within four months under Rule 4 of the M. P. Janpad Panchayat and Zila Panchayat Standing Committees (Election of members, powers and functions and term of members and procedure for the conducting business) Rules, 1994, which is quoted below:'4. Meeting for constitution of Standing Committee. - The Chief Executive Officer of the Janpad Panchayat the Zila Panchayat shall within one month of the date on which the election of members, President and Vice-President is notified under Section 26 or 33, as the case may be, convene a meeting of the Janpad Panchayat or Zila ...
Chhatisagarh Mukti Morcha Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-17-1995
Reported in: 1996CriLJ2239
ORDERS.K. Dubey, J.1. The petitioner is a registered political party, which has approached this Court underArticle 226/227 of the Constitution of India for seeking a writ of mandamus or a writ of certiorari or any other writ, direction or order, directing IInd Additional Sessions Judge, District Durg, in whose court the 9 accused persons are being tried for commission of the murder of one Shankar Guha Neogi, a trade union leader, to hold the trial in open Court and other relief.2. The first grievance of the petitioner is that the Trial Court instead of holding the trial in open Court is holding (the same, in camera) which cannot be held as Section 327 of the Code of Criminal Procedure (for short Code) indicates that the place in which any Criminal Court is held for the purpose of enquiring into or trying any offence shall be deemed to be an open Court, to which, the public generally may have access, so far as the same can conveniently contain them; the restriction contemplated is numbe...
Chhatisgarh Mukti Morcha Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-17-1995
Reported in: 1995(0)MPLJ995
ORDERS.K. Dubey, J.1. The petitioner is a registered political party, which has approached this Court under Article 226/227 of the Constitution of India for seeking a writ of mandamus or a writ of certiorari or any other writ, direction or order, directing IInd Additional Sessions Judge, District Durg, in whose Court the 9 accused persons are being tried for commission of the murder of one Shankar Guha Neogi, a trade union leader, to hold the trial in open court and other relief.2. The first grievance of the petitioner is that the Trial Court instead of holding the trial in open Court is holding which cannot be held as Section 327 of the Code of Criminal Procedure (for short Code) indicates that the place in which any Criminal Court is held for the purpose of enquiring into or trying any offence shall be deemed to be an Open Court, to which, the public generally may have access, so far as the same can conveniently contain them; the restriction contemplated is number of persons to sub-s...
Mohan Bai Vs. Generel Manager, M.P.S.R.T.C. and ors.
Court: Madhya Pradesh
Decided on: Feb-17-1995
Reported in: I(1995)ACC549
Deepak Verma, J.1. This is an appeal under Section 110D of the Motor Vehicles Act filed by the claimant Smt. Mohanbai against the award dated 11.1.1988 passed by Shri V.D. Agrawal, Motor Accidents Claims Tribunal, Mandsaur, in M.V. case No. 59/87; whereby the claimant-appellant has been awarded a sum of Rs. 15,000/- only on no fault liability. The remaining claim of the appellant has been rejected. Hence he has filed this appeal, for enhancement.2. Factual matrix of the case is as below:On 12.8.1988 M.P.S.R.T.C. Bus No. MPH 890 was being driven by the respondent No. 3 Salim. Near the crossing of Shuchitra Talkies the said Bus belonging to the respondent No. 1 and driven by the respondent No. 3 was going from Ratlam to Singoli. After stopping at Mandsaur it was proceeding to its destination when after it had reached the said crossing it met with an accident with a cyclist in which the only son of appellant named Manohar had received severe head injuries. He succumbed to the said injurie...
Sharda Talkies (Firm) and anr. Vs. Smt. Madhulata Vyas and ors.
Court: Madhya Pradesh
Decided on: Feb-16-1995
Reported in: AIR1996MP68; 1996(0)MPLJ697
R.S. Garg, J.1. The defendants Nos. 1and 3, being aggrieved by the judgment and decree, dated 6-3-1984 passed in Civil Suit No. 94B of 1976 by the First Additional Judge to the Court of District Judge, Raipur, decreeing the plaintiffs' suit for a sum of Rs. 1.03,413.88 with costs and interest thereon at 6 per cent per annum from the date of the suit till realisation, have preferred this appeal.2. The original plaintiff Mohanlal Vyas, since deceased, father of plaintiffs Nos. 2 to 6 and husband of plaintiff No. 1, was a business-man and a man of means. Defendant No. 1 is a firm carrying on a cinema business in the name and styles of M/s. Sharda Talkies at Raipur. The firm 'M/s. Sharda Talkies' (hereinafter referred to as the 'firm' for the sake of brevity) was managed by the deceased Shyam Charan, now represented by the legal representatives, respondents Nos. 7 to 9 and appellant No. 2/defendant No. 3, namely, Lalit Kumar Tiwari. As the original plaintiff and defendant No. 2 died during...
General Manager, Ordnance Factory and anr. Vs. the Presiding Officer, ...
Court: Madhya Pradesh
Decided on: Feb-16-1995
Reported in: (1996)ILLJ536MP
ORDERM.V. Tamaskar, J.1. This petition is directed against the award passed by the Central Government Industrial Tribunal directing reinstatement of the respondent No. 2 by order dated December 14, 1987 (Annexure-I) allowing backwages from the date of reference i,e. October 13, 1986. The respondent No. 2 was an employee of the petitioners, Ordnance Factory, Khamaria Jabalpur. The respondent No. 2 was Civilian Motor Driver, Grade- II, on December 30, 1980. The respondent No. 2 brought his vehicle No. MP-3973 and parked it near the gate. The vehicle was checked and he was found to have kept 3 kgs. copper strips concealed in the driver's Cabin. There was no other occupant in the vehicle. A charge sheet was served, he was suspended and an enquiry was held. The Disciplinary Authority exonerated the respondent No. 2 of the charges whereas the Competent Authority disagreeing with the Disciplinary Authority found that he was guilty of the misconduct and the order of termination from service wa...
Smt. Sangeeta Saxena Vs. Gyanendra Saxena
Court: Madhya Pradesh
Decided on: Feb-16-1995
Reported in: II(1995)DMC78
A.S. Tripathi, J. 1. This revision has been preferred against the order dated 11th of November, 1991 passed by VII Additional District Judge, Gwalior whereby he had allowed the subsistence allowance Under Section 24, Hindu Marriage Act since 10th of May, 1990 at the rate of Rs. 300/- per month to the appellant and Rs. 100/- per month to the girl child who was aged 7 years, living with the petitioner.2. The appellant has urged that the appellant was married to the respondent on 23rd November, 1987. A child was born to her in this wedlock in October, 1988. Since 26th July, 1989 the appellant was living separately with her parents. The respondent in the meantime had filed a civil suit for restitution of conjugal rights under the provisions of Hindu Marriage Act which was pending. During the pendency of that suit an application was presented by the appellant on 25th of August, 1989 for granting subsistence allowance and costs of the proceedings Under Section 24 of Hindu Marriage Act. That ...
Rameshchandra Swami Vs. Nagar Panchayat, Kailaras and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1995
Reported in: AIR1995MP256; 1995(0)MPLJ608
ORDERT.S. Doabia, J.1. Heard The short submission made by the petitioner in this petition is that while holding election to the office of the President and Vice-President to Nagar Panchayats, Kailaras proper notice was not given, and that election was held in breach of the provisions dealing with the method and manner in which a meeting is to be convened.2. It is not disputed that the petitioner did take part in the proceedings and was ultimately unsuccessful in the battle of ballot.3. In view of the provision contained in Article 243Z(g) of the Constitution, the matter can only be agitated in an election petition. In view of this constitutional bar, the present petition is not maintainable. See Khumano Bai v. State of M. P., 1995 MPLJ 67.4. Apart from this, the Supreme Court in K. Narasibial v. H. C. Singri Gowda, AIR 1966 SC 330 : (1964) 7 SCR 618 has categorically held that merely because short notice is given, is no ground to interfere with the result of the election. It was observ...
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