Madhya Pradesh Court July 1995 Judgments
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M.P. State Road Transport Corporation Vs. Tiwari V.D. and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: (1997)IIILLJ364MP; 1995(0)MPLJ1012
ORDERT.S. Doabia, J.1. The brief facts for the purposes of this petition be noticed as under:-The Respondent No. 1 was initially working with the Madhya Bharat Road ways. The concern was later on taken over by the M.P. State Road Transport Corporation (hereinafter referred to as thepetitioner-Corporation). The further fact is that the services of the Respondent No. 1 were sought to be brought to an end on his attaining the age of 58 years. He accordingly approached the Labour Court. The Labour Court took congnizance of the matter and while the proceedings were pending, it directed the thepetitioner Corporation not to terminate the Services of the petitioner. Later on, decision on mertis was given on October 31, 1994. The copy of this decision is Annexure P/2. The relevant facts which are discernible from the order of the Labour Court are as under:-(i) that the Respondent No. 1 was appointed as cleaner with the Madhya Bharat Road Ways on October 20, 1956.(ii) his salary was Rs. 30/- Per...
Usha Gupta Vs. Santosh Kumar Pahadiya
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: I(1996)DMC90; 1996(0)MPLJ42
T.S. Doabia, J.1. A marriage which was solemnised in the year 1982 is sought to be dissolved by a decree of divorce. The ground on which this application is founded is that the present appellant has been of incurably unsounded mind and has been suffering continuously from mental disorder of such a kind that the respondent husband cannot live with the appellant. Even though, out of this wedlock two children were born, the plea has been taken that the appellant was suffering from mental disorders from the very first day of the married life. A decree of divorce has in fact been passed by the Seventh Additional Judge to the Court of District Judge, Gwalior. It is against this decree, the present appeal has been preferred. The brief facts are as under :2. As per the Hindu customs and traditions a marriage- which is subject of this appeal - was solemnised on 16.2.1982. The parties lived together for about five years. Out of the wedlock two children were born. The elder one is daughter. She w...
Nagar Palika Nigam Vs. Rajeshwar Dayal
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: 1996(0)MPLJ97
T.S. Doabia, J.1. This appeal deals with a litigation which was initiated more than 4 decades back. In the year 1955, Nagar Palika Nigam, Gwalior filed a suit with a view to recover possession of the premises which were let out to one Rajeshwar Dayal s/o Lala Wazir Dayal. The premises are also known as Regal Talkies. This litigation met with failure on account of a finding having been recorded that there was non-compliance of the technical provisions of Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act'). Another technical flaw which came to the rescue of the defendant/ respondent was the conclusion that the suit was not filed through a duly authorised person. After recording above and other conclusions, not only the suit for eviction was dismissed but the appellant-Nigam was non-suited with regard to the relief regarding recovery of damages. Having failed in the trial Court the Nigam has preferred this first appeal.2. The facts which are relevant fo...
Ashok Kumar Bhomia Vs. Central Bank of India and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: 1995(0)MPLJ792
ORDERT.S. Doabia, J.1. The petitioner is working as a clerk with the Central Bank of India at Gwalior. He is also entitled to promotion from the cadre of clerks to the cadre of officers. The Bank conducted an All India Service Test for determining the eligibility for this promotional exercise. This exercise was undertaken by respondent No. 3, namely, Institute of Indian Banking Personnel Services (formerly known as NIBM). The petitioner was unsuccessful. He challenged the result of the examination on the ground that in test booklet of the petitioner the answers were serially quoted in a manner which was different from other answer books. The above assertion is sought to be illustrated by making a reference to the question which is to the effect - 'where is the Taj Mahal situate?' Five options have been given. There is difference in the booklet and answer-sheet as to correct answer. According to the petitioner, if he gives answer number then the computer is going to be fed accordingly a...
Ramsewak and ors. Vs. Narendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: 1996CriLJ783
ORDERDoabia, J.1. In this petition preferred under Article 227 of the Constitution of India, the revisional order passed by the Sessions Judge. Datia. whereby the petitioners have been summoned to face trial under Sections 120B, 467 and 468 of the Indian Penal Code is being challenged. The brief facts out of which this petition arises be noticed as under.2. The petitioners were ordered to be summond with a view to face trial under Sections 120B. 467. 468 and 471 of the Indian Penal Code. This order was passed on a complaint filed by one Narendra Kumar in the Court of Chief Judicial Magistrate. Datia.3. The petitioners preferred a revision petition and contended that this was a case to which the provisions of Section 195 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') would be attracted and that the cognizance can be taken only on the basis of a complaint by the concerned Tahsildar. On this plea having been raised in the Court of Session the Court of Sessions c...
Ajit Singh Vs. Nagar Panchayat and ors.
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: 1995(0)MPLJ774
ORDERT.S. Doabia, J.1. Having lost the battle of ballot, the petitioner shifted the arena of the dispute. He has preferred a petition under Article 226 of the Constitution of India. He challenges a resolution by which a vote of no confidence was passed against him. This is annexure P/1. This was passed on 18th of May, 1995. The challenge is made on the ground that the petitioner was not served with a notice in accordance with the provisions of Section 47 of the Madhya Pradesh Municipalities Act, 1961, (hereinafter referred to as the Act). It is further argued that meeting was not held in accordance with provision of the Act. It is worthwhile to notice that there are 15 members of the Nagar Panchayat, Bhitarwar. A motion with a view to oust an office holder i.e. President or vice-president has to be carried out by 2/3rd majority. In this case, ten members voted in favour of the motion and as noticed above the resolution was duly carried out. The copy of this resolution as noticed above ...
Khem Singh Dayal Singh Rawat Vs. Nagar Palika Parishad
Court: Madhya Pradesh
Decided on: Jul-03-1995
Reported in: 1995(0)MPLJ753
T.S. Doabia, J.1. This judgment shall dispose of two second appeals, namely, 95/94 (Khem Singh v. Nagar Palika Parishad, Shivpuri) and 142/94 (Jugal Kishore Pateria v. Shri Parshvnath Digamber Jain, Purana Mandir Trust, Chanderi). Both these appeals have been preferred by the tenants. A decree of eviction has been passed in both the cases. Brief facts in second appeal No. 142/94 be noticed first :-2. The landlord institution by the name of Shri Parshvnath Digamber Jain Purana Mandir Trust, Chanderi filed a suit for eviction against the present appellant. It was based on the ground that the appellant/tenant was a habitual defaulter in the matter of payment of rent. Notice Ex.P/3 was served upon him. This notice has been issued under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act').3. Appellant took a plea that appellant's father was the tenant and, after his death, he is to be treated as a tenant. It was urged that the provisions of M.P. Accommodat...
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