Madhya Pradesh Court November 1998 Judgments
Secretary, State of M.P. Irrigation Deptt., Bhopal and ors. Vs. Jaswan ...
Court: Madhya Pradesh
Decided on: Nov-24-1998
Reported in: AIR1999MP168; 1999(2)MPLJ122
Dipak Misra, J. 1. As both the civil revisions arise from a common award dated 27-10-93 passed in reference case No. 36/98 by the Madhya Pradesh Arbitration Tribunal in a reference under Section 7(i) of the M. P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as 'the Adhiniyam'), they were heard analogously and are disposed of by this common order. The functionaries of the State have assailed the award in Civil Revision No. 54/94 and the claimant-contractor has questioned the pregnability of the same in Civil Revision No. 73/94.2. The facts as have been unfurled are that the claimant filed the aforesaid reference before the Tribunal for recovery of Rs. 2,99,606,49 in relation to claims arising out of work contract No. 1 SI DL of 1980-81 dated 25-11-80. The aforesaid agreement was executed for construction of 'Matia Moti Nallah Tank' for the earth work on the main bandh, from Ch. 16 to 22 in Mahanadi Godawari Basin, Raipur. The probable amount of contract was Rs. 10 lacs...
Tag this Judgment!Gopal Krishna Sharma Vs. Engineer-in-chief, P.W.D. and ors.
Court: Madhya Pradesh
Decided on: Nov-24-1998
Reported in: [1999(81)FLR605]; (1999)IIILLJ706MP; 1999(2)MPLJ164
B.A. Khan, J.1. Petitioner is asking for moon and wants to return to service after having resigned from his post about 12 years back.2. Petitioner was appointed Overseer (Civil) way back on December 18, 1966 by the Engineer-in-Chief, Public Works Department. He was later sent on deputation to M.P. State Dairy Development Corporation, Ujjain on the post of Assistant Engineer. According to him he felt aggrieved of some promotion order and submitted his resignation on June 20, 1979. He later withdrew after two years or so on June 18, 1981 and submitted a letter in this regard to respondent No. 2. It is not known if he persued this matter any more till 1993 when he filed O.A. No. 42/1993 before State Administrative Tribunal complaining about his non-posting and release of salary etc. His application was rejected and dismissed as time barred. He thereafter sought review of this order which was also dismissed. Meanwhile respondent No. 1 passed order dated February 26, 1993 accepting his resi...
Tag this Judgment!Purushottam Das and ors. Vs. Anil Kumar and ors.
Court: Madhya Pradesh
Decided on: Nov-24-1998
Reported in: 1999(1)MPLJ307
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the order passed by the First Appellate Court whereunder allowing the appeal of the defendants-tenants and setting aside the decree of eviction passed against them by the trial Court, the suit has been remanded for fresh decision in accordance with law, after appointing a guardian-ad-litem for the minor appellant No. 3, the plaintiffs have now approached this Court by means of the present appeal seeking redress praying for setting aside of the impugned order of remand.2. I have heard the learned counsel for the appellant as well as the learned counsel representing the tenant-respondents and have carefully perused the record.3. The facts in brief shorn of details and necessary for the disposal of this case lie in a narrow compass. The plaintiffs filed a suit giving rise to this appeal in the year 1986 impleading therein Anil Kumar and Mst. Harbanshorani Gandhi as the defendants praying for a decree of eviction against them from the accommo...
Tag this Judgment!Sudha Gupta Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-24-1998
Reported in: 1999(2)MPLJ259
ORDERS.P. Srivastava, J.1. This Writ Petition was initially heard by a Division Bench. The two learned Judges of this Court constituting the Division Bench passed separate conflicting judgments/orders which were signed and delivered. In the aforesaid situation treating the case to be one where there was a difference of opinion, a reference was made by Hon'ble the Chief Justice to a third Judge. The third Judge/nominated Judge vide the order dated 16-2-1998 returned the reference unanswered to Hon'ble the Chief Justice for further appropriate orders indicating that reference was incompetent for the reasons given in that order and the matter required to be placed before a larger Bench which could effectively deal with the situation as it will not be under any inhibition nor incompetent to hear every aspect of the case before it. It was thereafter that Hon'ble the Chief Justice constituted the present Full Bench and the Writ Petition has thus come up before it for being heard and disposed...
Tag this Judgment!Smt. Sudha Gupta and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-24-1998
Reported in: 1999CriLJ1742
S.P. Srivastava, J.1. This Writ Petition was initially heard by a Division Bench. The two learned Judges of this Court constituting the Division Bench passed separate conflicting judgments/orders which were signed and delivered. In the aforesaid situation treating the case to be one where there was a difference of opinion, a reference was made by Hon'ble the Chief Justice to a third Judge. The third Judge/nominated Judge vide the order dated 16-2-1998 returned the reference unanswered to Hon'ble the Chief Justice for further appropriate orders indicating that reference was incompetent for the reasons given in that order and the matter required to be placed before a larger Bench which could effectively deal with the situation as it will not be under any inhibition nor incompetent to hear every aspect of the case before it. It was thereafter that Hon'ble the Chief Justice constituted the present Full Bench and the Writ Petition has thus come up before it for being heard and disposed of.2...
Tag this Judgment!Arjun Singh and anr. Vs. Assistant Director of Income-tax (investigati ...
Court: Madhya Pradesh
Decided on: Nov-23-1998
Reported in: [2000]246ITR363(MP)
D. P. S. Chauhan, J.1. Threatened with the invasion of their rights, the petitioners, in these two writ petitions, numbered 2593 of 1997 and 1723 of 1998, approached this court invoking jurisdiction under Article 226/227 of the Constitution, seeking protection against illegal and arbitrary action against them which tin being heard together are decided conjointly.2. The controversy in these petitions centres round the construction of the house known as 'Dev Shree' and in that regard, the following facts are relevant :Shri Arjun Singh and his wife, Smt. Saroj Singh, who are the petitioners in Writ Petition No. 2593 of 1997, and Shri Ajay Singh, their son, who is the petitioner in Writ Petition No. 1723 of 1998, after purchasing an agricultural land near Kerwa Dam in village Mandora, Tahsil Huzur, District Bhopal, constructed a house over a portion thereof, named as 'Dev Shree' and which being in the vicinity of Kerwa Dam, was also known as 'Kerwa House' for brevity, is hereinafter referr...
Tag this Judgment!Chhotelal S/O Dabbe Lal Rai Vs. Shyam Kishore S/O Deen Dayal Namdeo an ...
Court: Madhya Pradesh
Decided on: Nov-23-1998
Reported in: 1999(2)MPLJ706
ORDERR.S. Garg, J.1. By this petition under Section 26 of M. P. Municipalities Act, the petitioner seeks to challenge the correctness, validity and propriety of the Order dated 29-11-1996 passed in Election Petition No. 23/95 by the learned Ist Addl. District Judge, Sagar whereunder the election of the petitioner has been set aside and non-applicant Shaym Kishore has been declared elected.2. Brief facts necessary for disposal of the case are that in election of a Councillor of Nagar Panchayat, Banda, Ward No. 7 elections were held on 27-11-1994; the counting was held on 29-11-1994. The applicant was declared elected having obtained 302 votes. The non-applicant No. 1 received 194 valid votes. The election petition was filed under Section 20 of M. P. Municipalities Act inter alia on the grounds that the returned candidate had a surviving contract with the Municipality; a sum of Rs. 4,130/- and Rs. 1,986/- was to be paid to the returned candidate under the said agreement, therefore, the a...
Tag this Judgment!Arjun Singh and anr. Vs. Asstt. Direction of Income Tax and ors.
Court: Madhya Pradesh
Decided on: Nov-23-1998
Reported in: (2000)159CTR(MP)53
ORDERD.P.S. Chouhan, J.Threatened with the invasion of their rights, the petitioners, in these two writ petitions, numbered 2593/1997 and 1723/1998, approached this Court invoking jurisdiction under Article 226/227 of the Constitution, seeking protection against illegal and arbitrary action against them which on being heard together are decided conjointly.2. The controversy in these petitions centres round the construction of the house known as 'Dev Shree' and in that regard, the following facts are' relevant .(1) Shri Arjun Singh and his wife Sint. Saroj Singh, who are petitioners in Writ Petition No. 2593/1997, and Shri Ajay Singh, their son, who, is petitioner is Writ Petition No. 1723 of 1998, after purchasing an agricultural land near Kerwa Dam in village Mandora, Tahsil Huzur, District Bhopal, constructed a house over a portion thereof, named as 'Dev Shree' and which being in the vicinity of Kerwa Dam, was also known as 'Kerwa House' (hereinafter referred to as 'the house), the c...
Tag this Judgment!Prabhu Lal and ors. Vs. Shaheed Khan and ors.
Court: Madhya Pradesh
Decided on: Nov-20-1998
Reported in: 2000ACJ1102
Shacheendra Dwivedi, J.1. The appellants have preferred this appeal under Section 173 of Motor Vehicles Act, 1988 for the enhancement of amount of compensation awarded by the Tribunal under the impugned award for the death of Sajania Bai. The appellants were claimants before the Tribunal where a petition was filed under Section 166 of Motor Vehicles Act stating therein that wife of appellant No. 1 and the mother of appellant Nos. 2 and 3, named, Sajania Bai alias Sagun Bai was crushed to death by truck No. MPP 1688 on 18.5.1993, which was owned by respondent Nos. 2 and 3 and was driven by respondent No. 1.2. The learned Tribunal on the strength of the evidence on record found that the accident was the result of the rash and negligent driving of the truck owned by respondent Nos. 2 and 3 which was driven by the respondent No. 1. Due to dash to deceased Sajania Bai alias Sagun Bai, she had died. The claimants are her legal representatives.3. The Tribunal was of the view that minimum amou...
Tag this Judgment!Bhopal Thok Upbhokta Sahkari Store Maryadit Vs. Regional Deputy Direct ...
Court: Madhya Pradesh
Decided on: Nov-19-1998
Reported in: [1999(82)FLR426]; (2000)IIILLJ592MP
ORDERV.K. Agarwal, J. 1. This appeal has been preferred under Section 82 of the Employees' State Insurance Act, 1948, (hereinafter referred to as 'Act' for short), is directed against the order dated October 16, 1998 in Case No. 7/96 E.S.I., by Presiding Officer, Labour Court No. 1, Bhopal, whereby the appellant has been directed to deposit 50% of the amount in accordance with Section 75(2B) of the 'Act'.2. A dispute was raised by the appellant that the appellant is not covered under the provisions of the 'Act' as it is not a commercial establishment, and it docs not employ any person. It was averred that the appellant was a Cooperative Society registered under the Cooperative Societies Act, and it was therefore not liable to deposit any amount under Section 75(2B) of the 'Act'. Hence, it was prayed that the appellant be exempted from depositing 50% of the amount under the proviso to Section 75(2B) of the 'Act'. By the impugned order the appellant has been directed to deposit 50% of th...
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