Madhya Pradesh Court January 1997 Judgments
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Mukhlal Ram and ors. Vs. Rewa Sidhi GramIn Bank and ors.
Court: Madhya Pradesh
Decided on: Jan-20-1997
Reported in: 1998(2)MPLJ590
ORDERC.K. Prasad, J.1. In all these writ petitions common questions of law and fact arise and as such, they are being disposed of by this common order.2. Facts necessary for the decision of the writ petitions are that petitioners are Branch Manager of the respondent Regional Rural Bank and they seek quashing of the order of promotion of the private respondents, as Area Manager/Senior Manager. The source of recruitment for Area Manager/Senior Manager is 100 per cent by promotion from amongst Branch Manager and the criteria for promotion is seniority-cum-merit.3. It is alleged by the petitioners that the criteria adopted by the Bank was not seniority-cum-merit, but selection based on merit ignoring the seniority. The proceeding of the Departmental Promotion Committee has been produced before me which shows that while making the exercise of selection for promotion to the post of Area Manager and Senior Manager, the inter se merit of the candidates were considered and those securing higher...
Brijlal Patel and ors. Vs. Managing Director, M.P. Hastashilp Vikas Ni ...
Court: Madhya Pradesh
Decided on: Jan-20-1997
Reported in: 1998(1)MPLJ236
ORDERC.K. Prasad, J.1. In all these petitions common questions of law and fact arise and as such they are being disposed of by this common order.2. The Government of India, in order to increase the production base in carpet weaving, for the purpose of meeting the demand of hand-knotted carpet in international market and to enhance employment opportunity amongst the artisans, launched the scheme of training in carpet weaving. The training in carpet weaving was decided to be given by either departmental training scheme or through other organisations i.e. State Corporation, Apex Society and Voluntary Organisations etc. In the State of M. P., the scheme was to be executed through the Madhya Pradesh Hastashilp Vikas Nigam (hereinafter referred to as the Vikas Nigam) and Central Government placed at its disposal, funds for carrying out the scheme. In the scheme of training, in carpet weaving through other organisation, honorarium at different rates at different time was given to the instruct...
ismile and Nago Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-17-1997
Reported in: 1997(2)MPLJ294
J.G. Chitre, J.1. This appeal was preferred by both the appellants Ismile and Nago challenging the correctness, propriety and legality of the order of conviction passed against them by IIIrd Additional Sessions Judge, Ratlam in the matter of S.T. No. 248/91 wherein he had convicted both of them for committing an offence punishable under provisions of Section 302 of Indian Penal Code and had sentenced them to undergo imprisonment for life along with fine of Rs. 500/- each.2. Now the appellant Ismile is dead; therefore, the appeal filed by him stands abated.3. Prosecution case in brief can be stated as below :It is the prosecution case that both the appellants committed murder of Mirajbano widow of Hussein, aged about 50 years, in the night between 4-4-1991 and 5-4-1991.4. The first information report in the present case has been lodged by appellant Ismile himself in Station Road, Police Station, Ratlam reporting that his sister Mirajbano had died. According to his report, his wife Mehra...
Ramcharan S/O Parmanand and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-17-1997
Reported in: 1997(2)MPLJ249
Tej Shankar, J.1. This is plaintiffs' appeal against the judgment and decree dated 23-3-1994 passed by the First Additional Judge to the Court of District Judge, Gwalior. It has arisen out of the following facts:2. A suit was filed by the plaintiffs for declaration to the effect that they were the owner and in possession of Survey No. 199/1 measuring .314 hectares situated at tahsil Bhander, District-Gwalior, and the order passed by the defendant/respondent No. 2 in case No. 2/87-88/Ni.20(l) dated 16-5-1988 was illegal and without jurisdiction. A relief for permanent injunction was also sought restraining the defendants and their subordinates from interfering in plaintiffs' possession over the suit lands. They claimed that the suit land was allotted under a patta by the Naib Tahsildar, Bhander on 14-12-1983 in Case No. 297/83-84-A/19 and the plaintiffs were granted bhumiswami rights from the date of allotment. The plaintiffs have been in possession and doing cultivation over the land. ...
Mangilal and ors. Vs. Bhagirath and ors.
Court: Madhya Pradesh
Decided on: Jan-16-1997
Reported in: I(1997)DMC514
A.R. Tiwari, J.1. Three out of seven defendants have filed this Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 9.5.80 rendered by the Additional Judge to the Court of District Judge, Shajapur in Civil Regular Appeal No. 101-A/78 thereby dislodging the judgment and decree dated 6.4,77 passed by Civil Judge, Class II, Shajapur, Camp Sarangpur and decreeing the suit of the plaintiff i.e. Respondent No. 1.2. Briefly stated, the facts of the case are that Dunga was the father of Dula and Maniram. Dula had two sons Isariya and Daya. Maniram was issueless. After the death of Dunga, partition took place between Dula and Maniram. They came into a exclusive possession of their respective shares. Respondent No. 1 (plaintiff) is the son of Daya, natural son of Dula and grand-son of Dunga. He filed the suit for declaration of his share in the property of Dula. The respondents contested the suit with specific plea that Daya had gone in adoption t...
Ram Shankar Mishra and ors. Vs. Brij Kishore Sharma and ors.
Court: Madhya Pradesh
Decided on: Jan-16-1997
Reported in: 1(1998)ACC477
Shacheendra Dwivedi, J.1. Parties Counsel are finally heard.The appellants have filed this appeal against the award passed by the learned Claims Tribunal, awarding compensation for the injuries suffered by appellant No. 1, at Rs. 20,000/-.3. Enhancement is prayed by the appellants on the ground that the appellant No. 1 sustained a fracture on his right hand, and that he had also suffered grievous injuries, which were amply proved on record. The learned Claims Tribunal also found that the appellant No. 1 had suffered a fracture and had also suffered head injury. Due to the head injury, for the time being, he was mentally derailed. The Claims Tribunal also found that the appellant No. 1 was in private service as a teacher, and due to this accident, he could not attend his duties. Considering the above circumstances, the learned Claims Tribunal had allowed the compensation of Rs. 20,000/-.4. Under the provisions of Section 140(2) of the Motor Vehicles Act, before its amendment, the compen...
Balaji Industries and anr. Vs. State Bank of India and ors.
Court: Madhya Pradesh
Decided on: Jan-14-1997
Reported in: [1998]94CompCas545(MP); 1997(2)MPLJ316
A.R. Tiwari, J.1. The judgment-debtors confronted with liability under the money decree, have filed this revision petition under Section 115 of the Civil Procedure Code, 1908 (for short 'the Code'), against the order dated May 1, 1992, passed by the executing court (Sixth Additional Judge to the Court of the District Judge, Indore) in Execution Case No. 71/84-A, thereby rejecting their objections under Section 47 read with Section 151 of the Code. Objections were preferred on the linchpin that the decree-holder bank has already recovered the sum of Rs. 3,50,000, a substantial part of the decretal liability, from the Deposit Insurance and Credit Guarantee Corporation (for short 'the Corporation') on the strength ofthe premium paid from their (judgment-debtors) accounts and it cannot be permitted to recover the aforesaid amount from them (judgment-debtors) again and to indulge in undue enrichment. The executing court said a monosyllabic 'No' to the objections, on the ground of absence of...
indu Gupta Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-14-1997
Reported in: 1997(2)MPLJ146
ORDERR.S. Garg, J.1. By this petition under Article 226/227 of the Constitution of India, the petitioner challenges the orders dated 11-5-1984, passed by the Sub-Divisional Officer in case No. 194-B/121/82-83 directing eviction of the petitioner under the provisions of M.P. Lok Parisar (Bedakhali) Adhiniyam, 1974 and the appellate order passed by Commissioner, Raipur Division, Raipur in appeal case No. 109-B/121/83-84, dated 20-5-1985.2. The brief facts leading to the petition are that the respondent No. 2 Sub-Divisional Officer after receipt of a letter from the Collector, Rajnandgaon registered the proceedings under the provisions of M.P. Lok Parisar (Bedakhali) Adhiniyam, 1974 (Act hereinafter) on the premises that the property belonged to the State Government and as the same was required for the activities of the school, the occupant (since deceased, represented by the legal representative is liable to be evicted. Apart from various objections, the occupant had submitted before the...
Sabbir S/O Gulam Mohammad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-14-1997
Reported in: 1997(2)MPLJ473
S.B. Sakrikar, J.1. This criminal appeal is directed against the judgment of conviction and order of sentence dated (Spl. Judge) in Spl. Case No. 19/95 thereby convicting the appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentencing the appellant to undergo Rigorous Imprisonment for ten years and to pay fine of Rs. 1,00,000/- in default of payment of fine to suffer further Rigorous Imprisonment for two years.2. The case of the prosecution, in short is that on 3rd February, 1995, B. S. Dwivedi (PW 6) Sub-Inspector, Incharge of Police Chowki, Lasudiya got telephonic message that the appellant was going towards Dewas Naka on his scooter bearing Registration No. MP/09-9220 to sell opium. The message was reduced in writing in the Rojnamcha and the copy of the information was sent to the higher authorities. Thereafter, raid party was formed and visited the place of incident. Two independent witnesses Rajendra Kumar (PW 4); ...
Bhola Prasad Jaiswal and ors. Vs. Krishi Upaj Mandi Samiti and anr.
Court: Madhya Pradesh
Decided on: Jan-13-1997
Reported in: 1998(1)MPLJ447
ORDERR.S. Garg, J.1. By this petition under Article 226 of the Constitution of India the petitioners challenge the assessment orders for the year 1981-82 and the recovery certificate issued by the respondent No. 2.2. Brief facts leading to the petition are that the Mandi Committee issued a notice to the petitioner on 16-9-1983 asking to -deposit a sum of Rs. 2,500/- as the Mandi Committee in its meeting dated 1-9-1983 had resolved by exercising powers under section 21 to impose tax of Rs. 2,500/- because of non-production of accounts and/or for production of unreliable records. Immediately thereafter the petitioner showed the original receipts, bills, register etc. to the Officer of the Mandi Committee and obtained a receipt Annexure-C. Thereafter the petitioner submitted an application on 23-9-1983 to the Mandi Committee that the original records have already been produced, for inspection, to one Ramkhelaman therefore the notice dated 16-9-1983 be withdrawn. Without taking into consid...
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