Madhya Pradesh Court April 1998 Judgments
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Bhanwar Singh Chandmal Kothari and anr. Vs. Smt. Chameli Bai W/O Late ...
Court: Madhya Pradesh
Decided on: Apr-15-1998
Reported in: 1998(2)MPLJ286
ORDERS.B. Sakrikar, J.1. The unsuccessful tenant/applicants have directed this revision Under Section 23A of the Madhya Pradesh accommodation Control Act, 1961 (for short, 'the Act') against the order dated 28th December, 1996 rendered by the Rent Controlling Authority (for short, 'the RCA) Indore in case No. A/90(7)/92, thereby allowing the petition filed by the non-applicant landlady for their eviction from the suit accommodation.2. Briefly stated the facts of the case are that the non-applicant is the owner of the house bearing No. 574 situated at M. G. Road, Indore and one of the shops of the said house was let to the father of the applicants for non residential purpose. After the death of the applicant's father, said shop is lying vacant for the last 15 years. Monthly rent of the said shop is Rs. 12.50. It is not disputed that non-applicant/landlady belonging to the category staled in Section 23J of the Act. The non-applicant filed the application before the RCA Under Section 23A ...
Latel S/O Sanchi Satnami and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-15-1998
Reported in: 1999(1)MPLJ690
S.K. Kulshrestha, J.1. The above 12 appellants have preferred this appeal against the judgment dated 23-4-1992 of the learned IIIrd Additional Sessions Judge, Bilaspur, in Sessions Trial No. 39 of 1988, by which the appellants Latel, Chandrabhan and Bhajan have been convicted for the murder of Sahdev Tiwari under Section 302 of the Indian Penal Code, accused Latel and Bhajan have also been convicted for the murder of Ashok Kumar, an offence under Section 302, Indian Penal Code, and each has been sentenced to life imprisonment and other accused have been convicted for the said two offences of murder with the aid of Section 149 and each has been sentenced to undergo imprisonment for life. Accused Bhajan and Chandrabhan have also been convicted for offence under Section 307 for causing injuries to Vijay Kumar and each has been sentenced to undergo R.I. for 5 years, while other accused have been convicted of the said offence with the aid of Section 149 and each has been sentenced to R. I. ...
Ashok Kumar Khandelwal Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Apr-06-1998
Reported in: 1998(2)MPLJ509
Shacheendra Dwivedi, J.1. This appeal has been filed under Clause 10 of Letters Patent (Nagpur) challenging the order passed by the learned Single Judge of this Court in W. P. No. 7/98 on 27.02.1998.2. The appellant and respondent No. 4 hold the post of dresser in health centres. Respondent No. 4 had preferred a writ petition before the learned Single Judge wherein he had challenged the order of Collector, Morena, by which the transfer of petitioner from Agra (Vijaypur) to Banmor was set aside. Before any stated transfer, respondent No. 4 was working as dresser at Primary Health Centre Agra (Vijaypur), whereas appellant was posted as dresser in Primary Health Centre, Banmore. On 15.7.1997, respondent No. 4 was transferred to Banmore and the appellant was transferred to Agra (Vijaypur) under the order of Chief Medical and Health officer, Morena, at the instance of District Panchayat Administrative Committee. Appellant treating the order to be of District Panchayat Administrative Committ...
Bahoran Lal Vs. Ganesh Prasad and ors.
Court: Madhya Pradesh
Decided on: Apr-03-1998
Reported in: AIR1999MP7
ORDERD.P.S. Chauhan, J.1. These are two writ petitions i.e. W. P. No. 350/97 and W.P. No. 3350/97. Writ petition No. 350/97 is filed by Bahoran Lal who was elcted as Sarpanch of Gram Panchayat Banda and his election was set aside by the Election Tribunal vide order dated 15-1-1997 after recounting, of ballot papers on the basis of the impugned order dated 27-7-96 passed in Election Petition No. 40C/144/93-94. Writ Petition No. 3530/97 is filed by one Ganesh Prasad who was also one of the candidates in the contest and in the petition the prayer is for Unking the writ petition with W.P. No. 350 of 1997 and for setting the finding against him and lor maintaining the order dated 15-1-1997.2. Heard the learned counsel for the petitioner, Shri G. S. Baghel, learned counsel for the respondent No. 1, Shri Rakesh Jain and the learned State counsel, Shri Vivekanand Awasthy.3. The brief facts are that the election for the office of the Sarpanch of Gram Panchayat Banda took place on 30th May, 1994...
Guddi W/O Ram Kumar Vs. Banwari Rameshwar and ors.
Court: Madhya Pradesh
Decided on: Apr-03-1998
Reported in: 1999(1)MPLJ63
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the impugned order passed by the trial Court rejecting her application for amending the plaint by incorporating therein the proposed amendments she has now approached this Court seeking redress praying for the reversal of the impugned order.2. Heard the learned counsel for the applicant as well as learned counsel representing the contesting respondents and perused the record.3. The brief facts, shorn of details and necessary for the disposal of this revision lie in a narrow compass. The suit giving rise to the impugned order had been filed by the plaintiff-applicant in the year 1990 praying for a decree of declaration in respect of her title to the agricultural holdings in suit as well as a decree for permanent prohibitory injunction.4. During the pendency of the suit an application dated 11-2-1997 was filed by the plaintiff seeking permission to amend the plaint by incorporating therein paragraph 4(a) and an additional relief. In the pro...
Virendra Kasliang Sharma Vs. Smt. Ramkatoridevi Wd/O Bhattolal Singhal
Court: Madhya Pradesh
Decided on: Apr-03-1998
Reported in: 1998(2)MPLJ410
ORDERS.P. Srivastava, J.1. Felling aggrieved by the order passed by the Rent Controlling Authority, Gwalior, directing the eviction of the tenant-applicant from the accommodation in dispute within two months subject to the payment of Rs. 7,800/- towards payment of rent for a period of two years, he has now approached this Court invoking its jurisdiction Under Section 23-E of the M. P. Accommodation Control Act, 1961, seeking redress praying for reversal of the impugned order.2. I have heard the learned counsel for the tenant-applicant and the learned counsel representing the landlady-respondent and have also carefully perused the record.3. The facts in brief shorn of details and necessary for disposal of this revision lie in a narrow compass. An application Under Section 23-A (b) of the M. P. Accommodation Control Act, 1961 was filed by the landlady-respondent on 25-3-1995 praying for recovery of the possession on eviction of the tenant-applicant from the accommodation in dispute which...
Niranjan Soni Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-03-1998
Reported in: 1999(2)MPLJ156
ORDERD.P.S. Chauhan, J.1. It was on 12-12-1997 that the Court passed the following order, which led to the nomination of this Bench on 5-1-1998 :-'I direct the Registry to place the matter before My Lord the Chief Justice, either for hearing or for listing the case for hearing before an appropriate bench and to take proper action in the matter.'2. An application for grant of anticipatory bail to one Niranjan Soni, (numbered as Misc. Criminal Case No. 1140/97) was moved before this Court by Shri N. S. Ruprah, Advocate, which, after hearing him, was rejected on 28-3-1997. Subsequent thereto, another application, (numbered as Misc. Criminal Case No. 4743/97) was moved in this Court for grant of anticipatory bail to the said Niranjan Soni by another Advocate Shri Pradeep Kumar Verma, This application was also rejected on merit by the Court on 17-10- 1997 concluding :'To conclude the earlier part of the order, I do not find it to be a fit case for granting anticipatory bail in favour of the...
indermal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-02-1998
Reported in: II(1999)DMC467
N.K. Jain, J.1. This revision by the complainant is directed against the order dated 12.7.1993 passed by the IInd Addl. Sessions Judge, Mandsaur, dismissing application made by the prosecution for framing additional charge under Section 498A, Indian Penal Code against the accused-respondent Nos. 2 to 6.2. Applicant Indermal is the father of late Smt. Indubala who was married to respondent No. 5-Surendra. Respondent No. 2-Ranjit Singh and No. 4-Sampatbai are the parents of respondent No. 5-Surendra. Respondent No. 3-Virendra is the brother of Surendra while No. 6-Indubala is wife of Virendra. Deceased Indubala died of burn injuries on 7.1.1992. On a report lodged by the applicant Indermal, Police Mandsaur registered a crime under Sections 306 and 498A, Indian Penal Code and after usual investigation filed charge-sheet against the accused persons. The Tr/al Court below, however, framed charge only under Section 306, Indian Penal Code against the accused-respondents and declined prayer of...
State of M.P. and anr. Vs. Chitrekha and ors.
Court: Madhya Pradesh
Decided on: Apr-01-1998
Reported in: 2000ACJ203; (2000)ILLJ919MP
ORDERS.K. Dubey, J. 1. This order will also govern the disposal of M.A. No. 663/96, Smt. Chitrekha v. Lakhi Singh and Ors. The State and its Executive Engineer have filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'WC Act') against the order dated February 13, 1996 passed in Case No. 85/W.C.A./88/F by the Commissioner of Workmen's Compensation (Labour Court), Bilaspur (for short 'Commissioner'). 2. Facts giving rise to appear are thus: The appellants awarded a works contract of different works of Chapi Nallah Bandh to respondent No. 8 in accordance with the terms and conditions of the contract No. I/DL/88-89. To execute the contract the respondent No. 8 engaged several labourers, one of them was deceased Shyamji alias Raju, who on ill-fated day of April 18, 1988 at about 9 a.m., while he was loading the earth in truck No. MPM-4881 owned by respondent No. 8, heap of earth fell down from the truck on the deceased Shyamji. He was taken to Hospital, but...
Suman Santosh Kumar Patel Vs. Bhanwati Mahesh Pratap Patel and anr.
Court: Madhya Pradesh
Decided on: Apr-01-1998
Reported in: 1999(1)MPLJ88
ORDERD.P.S. Chauhan, J.1. The election for the office of the Sarpanch of Gram Panchayat Gaundari, 27 Block Gangeo, Tahsil Sirmaur in Distt. Rewa took place on 23-5-1994 whereat the contest was between the petitioner and Smt. Bhanwati, (respondent No. 2). The petitioner in the process of counting of ballot papers, found to have secured 418 valid votes whereas the respondent No. 1 Smt. Bhanwati was found to have secured 376 valid votes and as such the petitioner was declared as duly elected for the office of Sarpanch. This election of the petitioner was challenged by the lost candidate i.e. Smt. Bhanwati by means of an election petition under Section 122 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (for brevity hereinafter referred to as 'the Act') together with the Rules known as Madhya Pradesh Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1991 (for brevity, hereinafter referred to as 1991 Rules). The Sub-Divisional Officer after reco...
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