Madhya Pradesh Court February 1997 Judgments
Smt. Sharda Kothari Vs. Gyanmal Kothari
Court: Madhya Pradesh
Decided on: Feb-28-1997
Reported in: I(1997)DMC642
R.D. Vyas, J.1. This Appeal is directed against the Order dated 23.6.1994, by the learned IXth Additional Judge to the Court of District Judge, Indore in MJC No. 2/91, thereby the learned Judge was pleased to reject the application under Order 9, Rule 13.2. Facts giving rise to this appeal are that a suit was filed by the appellant, of which returnable date was fixed as 14.10.1989.The matter could not be taken on that date as the learned Presiding Officer was on leave. The next date fixed also was such on which date the learned Presiding Officer was still on leave. There was no certification of the service of notice by the Court and a decree came to be passed after taking evidence of the respondent ex-parte.3. It is submitted by Mr. Gangarade that the approach of the learned Judge is not at all judicious and proper. In such circumstances of the case, he also argued that more particularly in a matrimonial matter, where it is expected of the Court to try to settle the matter between the ...
Tag this Judgment!Krishi Upaj Mandi Samiti Vs. Kishore Balwant Rao and ors.
Court: Madhya Pradesh
Decided on: Feb-27-1997
Reported in: 1998(2)MPLJ224
ORDERD.P.S. Chauhan, J.1. Heard the learned counsel for the applicant and the learned counsel for the respondents.2. The land was acquired for the purpose of the present applicant-Krishi Upaj Mandi Samiti, Betul, which belonged to the respondents Nos. 1 to 5 in the present case. Against the Award given by the Arbitratory, an application was moved to the Collector Under Section 18 for making reference to the Civil Court. Reference was made to the Civil Court in regard to the determination of the adequacy of the compensation. The Civil Court gave Award on 8-1-19% in Arbitration Reference No. 9/95 registered as MJC No. 9/95 where against First Appeal was preferred in this Court which is pending. In that appeal, as is stated by the learned counsel for the respondents, the prayer for interim relief for staying the operation of the award was refused. Learned counsel thereafter moved an application before the Civil Court purporting it to be Under Section 151, Civil Procedure Code which applic...
Tag this Judgment!Havaldar Tejbali Singh Vs. Major Nachhattar Singh and anr.
Court: Madhya Pradesh
Decided on: Feb-26-1997
Reported in: (1998)ILLJ82MP
S.K. Dubey, J.1. In this petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution the petitioner makes a prayer to punish the non-petitioners for not complying the order of this Court dated July 23, 1996 passed in Misc. Petition No. 1101/90 and to direct the non-petitioners to promote the petitioner to the cadre of Subedar and to pay interest at the rate of 12 percent per annum on the amount due on account of pay and allowances and also Rs. 1 lac as compensation for not reinstating the petitioner in service.2. The facts giving rise to this petition are thus: Petitioner was a Havaldar No. 776624 in 8th Infantry Brigade, who was served with a charge sheet on March 9, 1989. In Summary Court Martial held under Section 116 of the Army Act, 1950 the petitioner was found guilty and was dismissed from service. However, the Brigade Commander of the Unit under Section 162 of the Army Act converted the sentence of dismissal into one of discharge. The...
Tag this Judgment!Mohammad Nasir S/O Abdul Aziz Vs. Smt. Rabiyabai W/O Mohammad Hanif an ...
Court: Madhya Pradesh
Decided on: Feb-26-1997
Reported in: 1998(1)MPLJ249
ORDERA.R. Tiwari, J.1. THE applicant, who is impleaded in the suit afterwards as defendant No. 2 on the footing of unlawful sub-tenancy, has filed this Civil Revision under section 115 of the Code of Civil Procedure against the order dated 9-12-1994 rendered by Eleventh Additional Judge to the Court of District Judge, Indore, in C.O.S. No. 1-A/92 thereby striking out his defence against eviction in terms of section 13(6) of the M. P. Accommodation Control Act, 1961 (for short 'the Act') on the linchpin of failure to deposit or pay entire arrears of rent as stipulated under section 13(1) of the Act.2. Facts are in a narrow compass. Non-applicant No. 1 filed the suit for eviction and rent/mesne profits against non-applicant No. 2 on the fulcrum of relationship of landlord-tenant. Later, she joined the applicant on the footing of his being an unlawful sub-tenant. Non-applicant No. 2 or applicant did not deposit remaining amount of arrears of rent, quantified at Rs. 12,150.00, after 14-9-1...
Tag this Judgment!Methodex Systems Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-26-1997
Reported in: 1998(60)ECC274; 1997(93)ELT340(MP)
ORDERN.K. Jain, J.1. This order shall dispose of all the three Misc. Petition Nos. 124/91,125/91 and 126/91 as they are filed by the same petitioner and common questions of law and facts are involved in all the petitions.2. By these petitions filed under Articles 226/227 and 265 of the Constitution of India the petitioners seek quashment of show cause notices marked as Annexure H in all the petitions and other consequential reliefs.3. The petitioner No. 1 is a Company duly incorporated under the Companies Act, 1956. Petitioner No. 2 is a shareholder of the petitioner No. 1 Company. The petitioner Company has set-up a plant at Indore where it manufactures variovis types of steel office equipments including Card Index Steel Cabinets under the brand name of Methodex Visible Record Cabinet. The respondent No. 4 Superintendent, Central Excise, MOR-IV, Indore has issued three notices Under Section 11A of the Central Excise and Salt Act, 1944 (for short, 'the Act') for the period August 1989 ...
Tag this Judgment!Nanhibai W/O Harisingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-25-1997
Reported in: 1997(2)MPLJ426
D.M. Dharmadhikari, J.1. The facts of this case tell a very tragic tale. It is a sad commentary on the pathetic condition of women in Indian Village community.2. The conviction of the present appellant Nanhi Bai Gond who has appealed to this Court from Jail is based on her alleged confessional statement made by her Under Section 164, Criminal Procedure Code to Judicial Magistrate First Class, Sehore. She is charged Under Section 309, Indian Penal Code for attempt to commit suicide and Under Section 302, Indian Penal Code for causing death of her children Ku. Laxmi Bai 3 years, Ku. Ganga Bai 10 years, Ku. Ayodhyabai 6 years and Chatursingh 8 years. She is also charged for offence Under Section 436, Indian Penal Code for putting fire to the house of her husband.3. The woeful tale that she is alleged to have voluntarily told in her confessional statement (Ex.P. 30) to Judicial Magistrate is as under :-She was married to Harisingh (P.W.2) who used to ill-treat her. She and her children wer...
Tag this Judgment!Mantram S/O Shivcharan Rawat and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-24-1997
Reported in: 1997(2)MPLJ7
S.K. Kulshrestha, J.1. The appellants have preferred this appeal against their conviction for offence Under Section 302 read with Section 34 of the Indian Penal Code and sentence of imprisonment for life as also Under Sections 323 and 323/34, Indian Penal Code and sentence of R. I. for six months under each count to each of the appellants by the judgment dated 7-9-1994 of the learned Third Additional Sessions Judge, Raipur, passed in Sessions Trial No. 302/932. The appellants were indicted for the said offences for intentionally causing death of Kejuram son of Nanku Rawat on 7-3-1993 at about 9.00 a.m. in village Alesur and for voluntarily causing hurt to Kashiram, Radheshyam, Mathurabai, Kalabai and Saraswatibai in furtherance of their common intention.3. Prosecution story, in brief, was that there was dispute between the two parties concerning property. On the date of the incident, the appellants armed with lathis came to the place where Kejuram had gone to ease himself and assaulted...
Tag this Judgment!Nagsai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-20-1997
Reported in: AIR1998MP81
ORDERS.K. Dubey, J.1. By this petition under Article 226 of the Constitution of India the petitioner who is a elected Sarpanch of the Gram Panchayat of Siri Khurd, under Vikas Khand, Jhingerwar of District Raipur has challenged the resolution of the Gram Panchayat dt. 14-11-1995, whereby the motion of no-confidence against the petitioner was carried out.2. Brief facts for the decision of this petition are that a notice under Rule 3 of the Madhya Pradesh Panchayat (Gram Panchayat ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 (for short 'Rules') was given to the prescribed authority in the form prescribed to move motion of no-confidence against the petitioner. On that notice of convening a meeting was despatched to every member of Panchayat. On 14-11-95 the meeting was conducted by the Presiding Officer in the manner prescribed as laid down in Rule 5, wherein 14 Panchas including the petition...
Tag this Judgment!State Bank of India Vs. Madhya Pradesh Iron and Steel Works Pvt. Ltd., ...
Court: Madhya Pradesh
Decided on: Feb-20-1997
Reported in: AIR1998MP93; [1999]95CompCas879(MP)
ORDER1. This revision under Section 115 of the Code of Civil Procedure is directed against the order dated 15-5-1996, passed by District Judge, Durg, in Civil Suit No. 66-A of 1991, whereby he rejected the I.A. No. 31, filed by the applicant under Section 151 of the Code of Civil Procedure, wherein it was prayed that the applicant be permitted to adjust Rs. 10 Lakhs deposited in the current account of non-applicant No. 8, Mool Chand Jain, with the Malviya Nagar, Durg Branch of the applicant or be permitted to retain the same as security for the suit claim on the basis of 'Bankers Lien' or the aforesaid amount be ordered to be deposited in the Court till it passes an appropriate order for its disposal at the time of passing the decree in the suit.2. It is necessary to state the relevant facts giving rise to this revision in a narrow compass. The applicant filed Civil Suit No. 66-A of 1991 for recovery of Rs. 2,81,75,422.21 advanced to non-applicant No. 1 through its directors and claime...
Tag this Judgment!Krishna Singh (Smt.) Vs. G.D. Gupta and ors.
Court: Madhya Pradesh
Decided on: Feb-20-1997
Reported in: (1999)IIILLJ518MP
S.K. Dubey, J. 1. In this petition, the grievance of the petitioner is that inspite of the order passed by the Writ Court dated July 16, 1996, passed in Writ Petition No. 2690 of 1996, the petitioner is not being paid her salary as she is still continuing in employment as Upper Division Teacher, as decided by the Committee of the Society which runs the institution.2. It was submitted by the non-petitioners that the petitioner did not work beyond April 30, 1996, her demand was to pay salary for the post of Upper Division Teacher, therefore respondent No. 3 could not make the payment of the salary.3. It is admitted by the Principal, the non-petitioner No. 3, who is present in Court that from July 2, 1996, the petitioner attended the school but was not permitted to perform her duties as her services were discontinued and that there was no direction of the Court in mandatory term.4. Considering the circumstances and the fact that no order of discontinuing the service of the petitioner was ...
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