Madhya Pradesh Court May 1998 Judgments
Subhash Projects and Marketing Ltd. Vs. South Eastern Coalfields Limit ...
Court: Madhya Pradesh
Decided on: May-15-1998
Reported in: AIR1998MP276
ORDERD.M. Dharmadhikari, J.1. This application has been filed under Section 8 read with Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred 10 as 'the Act of 1996') with a request to the Hon'ble Chief Justice of this Court to appoint a sole arbitrator to decide the disputes between the parties in terms of Clause (9) of the agreement entered into between the parties on 1st of June, 1951 concerning the civil work for providing, supplying and laying 350 mm dia H. S. pipe line for I.W.S.S. Korba, West Area of the South Eastern Coalfields Limited.2. The application under Section 11 of the Act was filed by the applicant-company on 12-12-1996. The non-applicant/SECL was noticed and it submitted a reply dated 19-7-1997 filed on 4-8-1997 stating that the approach to this Court for appointment of arbitrator is premature as I he stage for arbitration had not then reached. The S.E.C.L. also raised counter-claims against the applicant-company stating that the breah, if an...
Tag this Judgment!Nepa Limited Vs. Manoj Kumar Agrawal
Court: Madhya Pradesh
Decided on: May-14-1998
Reported in: AIR1999MP57
D.M. Dharmadhikari, J. 1. A common order is beingpassed, in this appealed the connected appealbetween the same parties registered as M.A. No.37/98.2. Both the appeals arise out of two orders passed on 3-5-1997 and 24-2-1997 by Additional District Judge, Burhanpur in proceedings, under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter shortly referred to as 'the Act of 1996').3. The facts leading to raising of an arbitration dispute and institution of proceedings under Section 9 of the Act of 1996 are as under :The Nepa Limited invited tenders in April 1996 for sale of coal ash. The respondent Manoj Agrawal submitted his tender. The offer was accepted and agreement was executed between the parties on 25-10-96.4. According to the case of the respondent Manoj Agrawal (hereinafter referred to as 'the contractor'), contrary to Clause 4.1 of the contract, the company sent a letter on 28-2-1997 tothe contractor compelling him to lift straightwaylump sum quantity of 10,000 M...
Tag this Judgment!Sujan Pal Singh and anr. Vs. Chandan Singh Patel and ors.
Court: Madhya Pradesh
Decided on: May-14-1998
Reported in: 2000ACJ339; AIR1998MP280; 1998(2)MPLJ503
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the quantum of compensation fixed by the Motor Accidents Claims Tribunal, Gwalior (hereinafter referred to as the Tribunal) under the impugned award, the parents/claimants have now come up in appeal seeking enhancement of the compensation and modification of the award in question accordingly.2. I have heard the learned counsel for the appellants as well as the learned counsel representing the contesting respondent, and have carefully perused the record.3. The facts in brief shorn of details, and necessary for the disposal of this appeal, lie in a narrow compass. An application under Section 110A (or Section 166) of the Motor Vehicles Act. 1988 (hereinafter referred to as the Act) was filed by the appellants praying for compensation of an amount of Rs. 4,50,000/-, on account of the death of their minor son, Monu aged about 10 years who had died as a result of the accident involving the offending vehicle, a tractor with trolley with registr...
Tag this Judgment!Kailash Chand Gupta and anr. Vs. Rukam Singh Yadav and ors.
Court: Madhya Pradesh
Decided on: May-14-1998
Reported in: AIR1998MP310; 1999(1)MPLJ283
ORDERS.P. Srivastava, J.1. Heard the learned counsel for the defendant/applicants as well as the learned counsel representing the contesting respondent.2. Perused the record.3. The defendant/applicants feel aggrieved by an order passed by the trial Court directing the applicants to handover the possession of the room in question to the plaintiff restoring the status quo ante prevailing prior to the grant of interim injunction in favour of the plaintiff.4. During the pendency of the suit filed by the plaintiff, the trial Court on an application seeking an ad interim injunction filed by the plaintiff, issued an ad interim injunction restraining the defendants from dispossessing the plaintiff from the premises in dispute directing the parties to maintain status quo till the final disposal of the suit.5. A perusal of the aforesaid order indicates that the trial Court had prima facie come to the conclusion that the plaintiff was continuing to be ' in possesion of the accommodation in disput...
Tag this Judgment!Pawan Kumar Shrivastava Vs. Municipal Corporation
Court: Madhya Pradesh
Decided on: May-14-1998
Reported in: (1999)IILLJ21MP
ORDERDubey, J.1. This is an appeal under Clause 10 of the Letters Patent aggrieved of the order dated September 19, 1996 passed in W.P. No. 3330 of 1996 by the learned Single Judge of this Court.2. Facts giving rise to this appeal are thus:The appellant who holds a Diploma in Civil Engineering and had only year's experience of working in the Public Works Department, State of M.P. was appointed by the respondent as Sub-Engineer on daily wages for a period of one month on its work charge establishment to work under Executive Engineer (Scheme) vide order dated November 2, 1995. After expiry of one month the employment of the appellant was continued without any break for the various schemes undertaken by the respondent for due performance of its functions. As post of the Sub-Engineer was lying vacant appellant applied on May 11, 1996 for regularisation of his service, on which no action was taken. Surprisingly on June 27, 1996 when the appellant reported for duty, he was not permitted to j...
Tag this Judgment!Kalachand Patel and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-14-1998
Reported in: 1999(1)MPLJ233
ORDERR.S. Garg, J.1. It appears that the applicants apprehending their arrest by Police, Kunkuri (Raigarh) approached this Court under Section 438, Criminal Procedure Code. This Court being satisfied granted a protective order under Section 438, Criminal Procedure Code for a period of one month and directed that the applicants shall surrender and apply for regular bail which shall be decided on its own merits. It appears that the applicants thereafter surrendered before the Court trying the case of the co-accused but the learned Judge refused to consider their case observing that neither they were accused before him in some trial nor a supplementary challan was filed against them. These applicants again approached this Court in M. Cr. C. No. 2229/97. This Court extended the earlier period for one month and again directed that the applicants may obtain a regular bail from the regular Court. The applicants again appeared before the said Court and moved an application within the period fi...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Tribhuwan Nath Garg and ors.
Court: Madhya Pradesh
Decided on: May-14-1998
Reported in: 2000ACJ474
S.K. Dubey, J.1. The aforesaid two appeals arise out of the award dated 2.3.1993 passed in Claim Case No. 98 of 1993 by VIIth Additional Motor Accidents Claims Tribunal, Bhopal.2. M.A. No. 618 of 1993 has been filed by the insurer aggrieved of the award while M.A. No. 619 of 1993 has been filed by the claimant for enhancement of the compensation.3. The injured claimant was employed as Assistant Financier in United Soya Products Ltd. (company), whose office was situated at Maharana Pratap Nagar, Zone Bhopal. He with other occupants in car No. CIR 666 owned by the company was going on 31.10.1987, on Highway No. 12 to the company's factory. The said car met with an accident due to bursting of worn out tyre of the rear wheel. The driver lost control of the car and dashed with a tree on the roadside, as a result of which the claimant received multiple severe injuries. The car was also badly damaged. The claimant was admitted in Niramay Hospital and Medical Research Centre at Bhopal where he...
Tag this Judgment!Govind Singh Vs. Commissioner of Income Tax and anr.
Court: Madhya Pradesh
Decided on: May-14-1998
Reported in: (1999)152CTR(MP)412
ORDERBY THE COURT:The petitioner, by means of this petition, has challenged the order dt. 10th Feb., 1988, Annexure-B to the petition, passed by the CIT, Jabalpur for the asst. yrs. 1978-79 to 1981-82, which was directed against the order of the ITO dt. 6th March, 1982, for the asst. yr. 1978-79, order dt. 6th March, 1982, for the asst. yr. 1979-80, order dt. 23rd Dec., 1982 for the asst. yr. 1980-81 and the order dt. 23rd March, 1984, for the asst. yr. 1981-82 imposing interest and penalty on the petitioner and the prayer is made for quashing this annexure.2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.3. Learned counsel for the petitioner submitted that against the order passed by the ITO imposing penalty as well as the interest, the petitioner approached the CIT, Jabalpur under s. 273A of the IT Act, 1961 (for brevity, hereinafter referred to as 'the Act').Learned counsel for the petitioner submitted that the order of the CIT is founded o...
Tag this Judgment!Prof. Narendra Kumar Gouraha Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-13-1998
Reported in: AIR1999MP122
ORDERD.M. Dharmadhikari, J.1. Professor Narendra Kumar Gouraha was appointed as Vice-Chancellor of Pt. Ravishanker Vishwavidyalaya, Raipur (hereinafter referred to as 'the University' for short). The University is constituted under the provisions of M. P. Vishwavidyalaya Adhiniyam, 1973 (for short, hereinafter referred to as 'the Act').2. By this petition under Article 226 of the Constitution of India, the petitioner assails three notifications issued on 23rd February, 1997 (Annexures P/1, P/2 and P/3) whereby the State Government by invoking its extraordinary power of emergency under Section 52 of the Act has completely taken over the management and powers of the University and appointed Professor H. R. Singh, respondent No. 4, as Vice-Chancellor of the University. The appointment of another Vice-Chancellor to the University has been made as a consequence ensuing from exercise of power under Section 52(4) of the Act whereby the existing Vice-Chancellor has to vacate his office.3. The ...
Tag this Judgment!Brindawan Singh S/O Net Ram Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-13-1998
Reported in: 1999(1)MPLJ336
Fakhruddin, J.1. The appellant has filed this appeal against the order of conviction under Sections 366 and 376 of the Indian Penal Code and sentence of rigorous imprisonment for 5 years and 7 years respectively passed by the Sessions Judge, Morena in Sessions Trial No. 117 of 1990.2. Briefly stated, the prosecution case is that on 21 st of September, 1989 at about 8-9 P.M. the appellant entered into the house of the prosecutrix P.W. 4. At that time, Budhi (P.W. 1), husband of the prosecutrix had gone to the house of Nathhi and her son Bachansingh had gone to the house of Shivrajsingh. Another young child of prosecutrix namely Mangilal P.W. 3, aged about 13 years, along with other children was present in the house and the prosecutrix was sleeping with her children. It is alleged that accused dragged the prosecutrix towards the field of Bajra and illegally detained her there upto 30-9-1989 and during this period committed forcible sexual intercourse with her. It is further stated that B...
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