Madhya Pradesh Court November 1998 Judgments
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State of M.P. Vs. Anand Kumar JaIn and ors.
Court: Madhya Pradesh
Decided on: Nov-19-1998
Reported in: 1999(2)MPLJ134
ORDERB.A. Khan, J.1. State has filed this petition for setting-aside order dated 11-12-1997 passed by the State Administrative Tribunal in O.A.No. 182/96 restoring seniority of respondent No. 1 in the category of Dy. Collector from the date of his appointment and for fixing his such seniority at par with respondent No. 2 and for consequential promotion.2. Notice of this petition was given to respondents on 19-8-1998 but though respondent No. 2 was served she has gone unrepresented. It transpires that respondent No. 1 filed O.A.No. 182/96 before the Tribunal claiming that his seniority was wrongly lowered down even though he was senior to private respondent No. 2. His case was that he was appointed as Dy. Collector on probation for two years vide order dated 11-6-1981 on the recommendations of the Public Service Commission. He claimed that he figured higher in order of merit in the merit list of the Commission and as such was to be treated senior to private respondent No. 2 Ku. Suraj Ro...
Narendra Bajpayi Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Nov-19-1998
Reported in: 1999(2)MPLJ684
ORDER1. Petitioner was running a tile factory and was also a contractor. He filed this PIL way back in 1985 alleging that respondent No. 2 (the then Executive Engineer in Irrigation Division, Shahapur) was acting in a manner prejudicial to the economic and financial interest of the State. In support he also cited some instances of alleged irregularities committed by this respondent under whom he had executed some contracts. He accordingly prayed that a mandamus be issued to government to ask the Executive Engineer concerned to vacate the post or to dismiss him from service or to take any other appropriate and exemplary 'punishing action' against him as deems under the circumstances.2. Record shows that respondents were put on notice and they filed their reply refuting the allegations and pointing out that the reliefs prayed were incapable of being granted by this Court.3. We are at a loss to understand how the petitioner, who had expressed an individual interest in the petition itself ...
R.K. Tiwari, Ist Civil Judge, Class Ii Vs. N.K. Pandey, Advocate
Court: Madhya Pradesh
Decided on: Nov-18-1998
Reported in: 1999(2)MPLJ174
ORDER1. It is a contempt reference made by 1st Civil Judge, Class-II, Bilaspur Shri R. K. Tiwari under Section 15(2) of the Contempt of Courts Act, 1971 against an Advocate of Bilaspur, Shri N. K. Pandey by means of the order dated 20-2-1998 and the allegation is that Shri N. K. Pandey on 31st January, 1998 behaved in uncivilized and contemptuous manner and at the time when the order was being passed in the case, his son Shri Sumat Pandey, Advocate was present in the Court and after hearing the order passed by the Court, he communicated the same to Shri N. K. Pandey, whereat he came to his Court and excitedly without going through the order behaved in uncivilized way and it was stated by the Civil Judge that he exercised improper pressure on the Court for not passing the order in his favour and he told the Court that he will bring the matter to the notice of the District Judge and this is the very foundation of the reference to this Court.In the order of reference it was also mentioned...
R.K. Tiwari, Ist Civil Judge Vs. N.K. Pandey, Adv.
Court: Madhya Pradesh
Decided on: Nov-18-1998
Reported in: 1999CriLJ4008
ORDER1. It is a contempt reference made by 1st Civil Judge, Class II, Bilaspur Shri R. K. Tiwari under Section 15(2) of the Contempt of Courts Act, 1971 against an Advocate of Bilaspur, Shri N.K. Pandey by means of the order dated 20-2-98 and the allegation is that Shri N.K. Pandey on 31st January, 1998 behaved in uncivilized and contemptuous manner and at the time when the order was being passed in the case, his son Shri Sumat Pandey, Advocate was present in the Court and after hearing the order passed by the Court, he communicated the same to Shri N.K. Pandey, whereat he came to his Court and excitedly without going through the order behaved in uncivilized way and it was stated by the Civil Judge that he exercised improper pressure on the Court for not passing the order in his favour and he told the Court that he will bring the matter to the notice of the District Judge and this is the very foundation of the reference to this Court.2. In the order of reference it was also mentioned t...
New India Assurance Co. Ltd. Vs. Iqubal and ors.
Court: Madhya Pradesh
Decided on: Nov-18-1998
Reported in: 2001ACJ236
Shambhoo Singh, J.1. This appeal is directed by the non-applicant insurance company against the award dated 24.2.97 passed by IIIrd Additional Motor Accidents Claims Tribunal, Ujjain, in Claim Case No. 67 of 1995 whereby respondents-claimants were awarded compensation of Rs. 2,95,000.2. The claimants' case, in brief, was that the deceased Peerulal, aged about 25 years, husband of respondent No. 3 and father of respondent Nos. 4 to 7, was employed as khallasi in railway department on the salary of Rs. 2,000 per month. On 9.5.1994 at 1 a.m. in the night, he was coming on his scooter M-80, No. HKM 4448 from Ujjain towards Mohanpura. When he came in front of Rojwan Dhaba, Taj bus No. CPU 424, belonging to respondent No. 2, insured with appellant, came from opposite direction being driven rashly and negligently by respondent non-applicant No. 1 and dashed against him, as a result of which Peerulal sustained injuries and died. The claimants have filed claim petition seeking compensation of R...
Kunwarlal and Etc. Vs. State of M.P. and Etc.
Court: Madhya Pradesh
Decided on: Nov-17-1998
Reported in: 1999CriLJ3632
R.P. Gupta, J. 1. These three appeals are directed against the judgment dt. 19-2-1988 of Additional Sessions Judge, Tikamgarh in Session Trial No. 43/81 whereby appellant Kunwarlal in Cr. Appeal No. 244/88 and appellant Shyamlal in Cr. A. 327/88 were convicted for offence Under Section 396, I.P.C. and sentenced to life imprisonment. The other accused namely; Murli, Dhaniram, Beni, Ghaseeta, Sunnulal and Kaluu alias Siromani Singh who are respondents in Cr. A. 1042/88 filed by the State of M.P. were acquitted of the charges.2. The incident out of which this trial arose occurred on the night between 10th and 11th August, 1980 in the house of one Giloji, a large number of dacoits broke into the house of Giloji in village Najdanwada, P. S. Jairon, district Tikamgarh. The dacoits started beating Giloji and his other family members in order to commit dacoity in the house. Ram Kishor (PW 11), Ramdeen (PW 13), Deshraj (PW 14) and Tulsidas (PW 17) are the sons of Giloji. Betibai (PW 15) and Mak...
Dr. K.C. Malhotra Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-13-1998
Reported in: AIR1999MP96; 1999(1)MPLJ148
A.K. Mathur, C.J. 1. This is a Public Interest Litigation whereby the petitioner has prayed that the notification prohibiting sale of general salt should be quashed and a direction should be issued that the public should not be forced to consume iodized salt.2. The petitioner is a doctor by profession and has brought this cause before this Court that poor people of India who are living mostly below the poverty line cannot afford to have the iodized salt which is expensive and therefore the action taken by the State in prohibiting the sale of general salt without iodine which is cheaper is bad. It is contended that the public at large is forced to consume iodized salt, cost of which is affordable by the people who are above poverty line. It is also pointed out that the iodized salt is ten times more costly than the ordinary salt in the market. It is alleged that it is nothing but a device to benefit the multi national companies to control this industry also.3. The Government of India ha...
Agent, Rungta and Chachai Colliery Vs. Presiding Officer, Labour Court ...
Court: Madhya Pradesh
Decided on: Nov-13-1998
Reported in: [1999(81)FLR986]; (2000)ILLJ329MP
C.K. Prasad, J. 1. By this writ petition filed under Article 227 of the Constitution of India, petitioner seeks quashing of the order dated January 15, 1988 (Annexure-D) passed by the Labour Court, whereby it had directed for payment of difference of wages to the petitioner from August 1, 1981 till October 1985. 2. According to the workman respondent No. 2 he was deputed by the petitioner i.e. the employer to perform the duty in place of one C.J. Singh, Foreman Grade B on his transfer to other colliery on August 1, 1991. It is his assertion that he has worked continuously in place of C.J. Singh since August 1, 1981 and although he is entitled to receive payment of wages from August 1, 1981 to October 1985 in technical Grade B instead of technical Grade C amounting to Rs. 3600, but the same has not been paid to him. On the basis of the aforesaid assertion, he filed application before the Labour Court under Section 33C(2) of the Industrial Disputes Act. Stand of the employer in the afore...
Kaushalya Bai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-13-1998
Reported in: 1999(1)MPLJ368
D.M. Dharmadhikari, J.1. The petitioner was elected President of Nagar Panchayat, Badi which is a local authority constituted under M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act').2. She was served with a show cause notice under Section 41-A of the Act (Annex. P.1) proposing her removal from the office of President on the alleged misconduct and irregularities committed by her in discharge of her duties. She submitted a reply to the show cause notice and tried to meet each and every charge or allegations made against her. After her reply, by the impugned order dated 1-4-1998 (Annex.P.10) she has been removed from the office of President against which this petition under Article 226 of the Constitution of India has been filed.3. Section 41-A under which the impugned action has been taken was introduced in the Act by amendment Act No. 18/97 w.e.f. 21-4-1997 and provision reads as under :-'41-A. Removal of President or Chairman of - (1) The State Government may, at any...
Rafiq Khan and anr. Vs. Smt. Jamila Bee and anr.
Court: Madhya Pradesh
Decided on: Nov-12-1998
Reported in: I(1999)DMC448
S.B. Sakrikar, J.1. Accused/applicants have directed this petition under Section 482, Criminal Procedure Code for quashing of the proceedings of the Misc. Criminal Case No. 158/1990 registered against the applicants on the complaint of non-applicant No. 1 for the offences punishable under Sections 498A, 506,342 and 323, Indian Penal Code.2. Briefly stated the facts of the case are that respondent No. 1 Smt. Jamila Bee lodged a report against the applicants on 20.3.1989 at P.S. Shahjapur with regard to the offences under Sections 498A, 506 and 323/34, Indian Penal Code. The said report was sent to police station, Sundarsi, District Shahjapur as the alleged of fences were found to have been committed in the jurisdiction of said Police Station. P.S. Sundarsi, on investigation, filed charge-sheet against the applicants in the Court of JMFC, Shahjapur and a Criminal Case No. 459/91 was registered against the applicants in the said Court. The charges under Sections 498A and 506, Indian Penal...
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