Madhya Pradesh Court October 1996 Judgments
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Central Board of Karmachari Provident Fund and ors. Vs. Jog Khajanchi ...
Court: Madhya Pradesh
Decided on: Oct-17-1996
Reported in: 1997(2)MPLJ232
ORDERS.B. Sakrikar, J.1. The applicants/opponents have directed this revision Under Section 115 of the Code of Civil Procedure (for short, 'the Code') against the order dated 18th February, 1995 rendered by VI Additional District Judge, Indore, in Misc. Judicial Case No. 6A/89, thereby dismissing the application filed on behalf of the applicants Under Section 23 of the Arbitration Act (for short, 'the Act').2. The facts of the case lie in a narrow compass. That Non-applicants Nos. 1 to 3 were given the contract by the applicants for the construction of the office building of the office of the Commissioner, Regional Provident Fund, Indore and also for the construction of the staff quarters. The office building could not be completed because there were cracks in the building and the same was considered to be dangerous to human life. Consequently, the construction work was stopped at the instance of the applicants. The dispute was raised by the non-applicants with, regard to the payment o...
State of M.P. Vs. Geetabai
Court: Madhya Pradesh
Decided on: Oct-16-1996
Reported in: 1998CriLJ2724
Shambhoo Singh, J.1. This appeal is directed against the Judgment and Order dated 2nd June, 1990 passed by Sessions Judge, Ujjain in Sessions Trial No. 141/87 whereby the accused was acquitted of the offence under Section 302 I.P.C. in alternative 306, 201 and 498A of the I.P.C.2. It is not in dispute that at the relevant time the deceased Rekhabai was living with her in laws in Badnagar. Her husband Satish Raghuwanshi was undergoing Training in Police Training School Indore. On the date of incident i.e. 28-6-86 at about 7.30 a.m. Rekhabai was burnt in the house of her in laws. She was taken to Civil Hospital Badnagar in a Handcart (Hath-Thela). She succumbed to injuries on that day at about 11.00 a.m.3. The prosecution story in brief is that Rekhabai was married to Satish, the son of respondent in the year 1983. A daughter was born to deceased Rekhabai in February, 1986. The respondent Geetabai used to torture Rekhabai. She demanded that Rekhabai should bring 10,000/-from her father f...
indore Dugdh Sangh and anr. Vs. K.P. Singh and anr.
Court: Madhya Pradesh
Decided on: Oct-15-1996
Reported in: AIR1997MP129; 1997(2)MPLJ330
R.D. Shukla, J.1. This L.P.A. is directed against the Order dated 15-2-1995 of the learned single Judge of this Court, passed in M.P. No. 1270/91, whereby the order of the Labour Judge for reinstatement of the respondent No. 1 (here) with 50% back wages has been affirmed.2. The brief history of the case is that respondent No. 1 was an employee with the appellant (here). It is alleged that he committed misconduct by dishonestly removing nearly 100 packets of milk, as such, Departmental Enquiry was held and a punishment of removal from service was imposed. Respondent No. 1 raised industrial dispute. The matter was decided by the Labour Judge. The Labour Judge modified the punishment of removal and directed reinstatement with 50% back wages. Both the parties (i.e., present appellants and respondent No. 1 (here) filed Writ petitions under Article 227 of the Constitution before the learned single Judge. The employee (respondent No. 1) filed M.P. No. 1212/92 challenging deduction of half pay...
Vishnu Pyarelal Kanjar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-15-1996
Reported in: 1998(1)MPLJ325
R.P. Gupta, J.1. The appellant has been convicted for having committed offence punishable under section 20(b)(ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act' by keeping in his possession Charas and selling Charas to a bogus punter, witness Zahir Hassan (PW 4), on 27-11-1990. The quantity sold or the quantity possessed is not disclosed. The judgment is by VIIIth Additional Sessions Judge, Bhopal, dated 12-5-1992, in Session Trial No. 55/91. The appellant has been sentenced to RI for 10 years and fine of Rs. 1 lac (RUPEES ONE LAKH), and in default further RI for 2 years.2. The prosecution charge was that, at Bhopal, in the area of Sabjimandi, Itwara, on 27-11-1990 at about 10.15 P.M., this appellant was selling Charas to customers clandestinely and thus, contravening the provision of section 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985. Sub-Inspector L. S. Chouhan (P.W. 5) had learnt about it and joined with him, Head Constable Sh...
Hema Pandey Vs. Saroj Singh and anr.
Court: Madhya Pradesh
Decided on: Oct-14-1996
Reported in: 1997(1)MPLJ230
ORDERA.S. Tripathi, J.1. This appeal has been preferred against the order dated 2nd of March, 1993, passed by the Motor Accident Claims Tribunal, Gwalior (hereinafter referred to as the Tribunal), whereby the claim petition of the appellant was dismissed on the ground that it was beyond period of limitation.2. After hearing the learned counsel for the parties and perusing the impugned order, it appears that the accident took place on 14th of April, 1988. The claim petition was presented on 21st of March, 1990. An objection was raised by the respondents that the claim petition of the appellant was beyond time, and therefore, the same could not be entertained.3. The learned counsel for the appellant has argued that in claim cases there is no time limit. In this regard the learned counsel for the appellant has placed reliance in the case reported as Dhannalal v. D. P. Vijayvargiya and Ors., 1997(1) MPLJ 195, 1996 JLJ 528 (Supreme Court). The Apex Court in the above case has held that the ...
Chatra and anr. Vs. Imrat Lal and ors.
Court: Madhya Pradesh
Decided on: Oct-14-1996
Reported in: 1997(2)MPLJ357
ORDERShacheendra Dwivedi, J.1.This order shall also dispose of Misc. Appeal No. 270/92, National Insurance Company Ltd. v. Chatra and Ors.The challenge in this appeal is to the award passed by the Claims Tribunal constituted under Motor Vehicles Act, hereby the claim petition filed by the Appellants/Claimants, has been dismissed.2. The National Insurance Co. Ltd., had deposited the amount of Rs. 15,000/- as interim award which was paid to claimants by the Tribunal. In final award, no order in that regard was passed. Therefore in Appeal No. 264/92, the appellant Company has prayed for the refund of the amount.3. Before the Tribunal the claim petition was filed by appellants Under Section 110 of Motor Vehicles Act, 1939, claiming Rs. 5,43,000/- as compensation on the death of the claimants' son Mangilal. It is not disputed that the Tractor bearing Registration No. MBH 8486 was driven by respondent No. 1, at the relevant time and was insured with the respondent No. 3. 4. The claim petitio...
State of Madhya Pradesh Vs. Mittal and Company, Dholpur, Rajasthan
Court: Madhya Pradesh
Decided on: Oct-11-1996
Reported in: AIR1997MP176; 1997(1)MPLJ606
S.K. Dubey, J. 1. This is an appeal under Section 39 of the Arbitration Act, 1940 (Act) against the judgment and decree dated 29th Feb. 1988, passed in Civil Suit No. 30-A/87 by Vth Addl. Judge to the Court of District Judge, Jabalpur. 2. Facts giving rise to this appeal are thus; A notice inviting tender 50/G/dated 12-7-1977 was issued by the Government of Madhya Pradesh, Irrigation Department, Bargi Projects. The tender of the respondent for excavation of foundation, concreting and masonry etc. up to specified elevations in the masonry dam including training wall, spill channel and tail race channel etc. as per specification and design of Bargi Masonry Dam Block No. 1 to 9 plus left key (Phase I) was accepted. An agreement No. 1/DL/1978-79 was executed between the parties. The work was to be completed within 36 months from the date of issue of work order excluding rainy season from 14th June to 15th Oct. The respondent completed the work during June 1981 from the issue of work order ...
Ku. Archana Dey and anr. Vs. South Eastern Coalfields Ltd. and ors.
Court: Madhya Pradesh
Decided on: Oct-11-1996
Reported in: AIR1997MP103; 1997(1)MPLJ592
ORDERC.K. Prasad, J. 1. By this writ petition filed under Article 227 of the Constitution of India, the petitioners pray for quashing of the order dated 17-10-1989 (Annex, P-5) passed by the Estate Officer under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (hereinafter referred to as the Act). By the said order the petitioners have been directed to remove their unauthorised construction over the land. The petitioners further pray for quashing of the judgment of the appellate court dated 25-1-1995 passed by the District Judge, Bilaspur, whereby the appeal preferred by the petitioners, has been dismissed. 2. Short facts, giving rise to the present writ petition, are that a project known as Gevra project was started with the aid and assistance of the World Bank for Supplying Coal to National Thermal Power Corporation, Korba. One of the mines in the Gevra area is Dipka Augmentation Project which is exclusively meant to supply coal to N.T.P.C. Korba and ...
Ramnath Lathi Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-11-1996
Reported in: 1997(1)MPLJ579
ORDERJ.G. Chitre, J.1. Shri Ramnath Lathi, the petitioner in person.Shri S. H. Sen, Dy. G. A. for State. Both of them have been heard. Record has been perused.The petitioner is hereby assailing the order passed by learned Second Additional Sessions Judge, Ujjain in the matter of S.T. 23/93 dated 7-8-1996 by which Shri R. N. Lathi, advocate, the petitioner was prohibited from appearing in the case for co-accused for defending him.2. Few facts need to be stated for the purpose of unfolding the controversy. A criminal case was pending against accused Umrao and 10 others for offence punishable under section 148 read with 149 and section 307 of Indian Penal Code. Those accused were charged that on 10-11-1993 they had formed an unlawful assembly along with present petitioner-R. N. Lathi with a common object to assault Satyanarayan. It was also alleged that the members of said unlawful assembly were armed with deadly weapons for the purpose of assaulting Satyanarayan. By using those weapons t...
Bawleshwar Films Vs. Dinesh Singh
Court: Madhya Pradesh
Decided on: Oct-11-1996
Reported in: 1997(2)MPLJ305
A.S. Tripathi, J.1. This appeal is filed against the order dated 5-10-19% passed by the VIII th A.D.J., Gwalior granting mandatory injunction to the defendant-appellant for delivering a print of Cinema Film 'Shastra' for exhibiting in the cinema hall of plaintiff-respondent on payment of depositing of Rs. 60,000/- by him.2. The undisputed facts on record are that there was an agreement entered into between the parties on 9-9-1994 for providing a print of cinema film 'Shastra' to the plaintiff-respondent on certain conditions for exhibiting in Delite Theatre at Gwalior. It was provided in the first column that the picture was to be screened simultaneously with other cinema halls of Lashkar and Morar. The conditions of the first part were that Rs. 9,000/- were to be paid as rent for 28 regular shows, Rs. 15,000/- were to be paid for signing of the agreement, and Rs. 60,000/- were to be paid 15 days before the taking of the delivery of prints. It was further agreed that all publicity was ...
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