Madhya Pradesh Court August 1998 Judgments
Chandra Shekhar Chaturvedi Vs. Smt. Rajesh Nandini Singh
Court: Madhya Pradesh
Decided on: Aug-31-1998
Reported in: AIR2000MP156
ORDERR.S. Garg, J. 1. The present Election petition has been filed by the petitioner claiming himself to be a voter of Assembly constituency No. 83 Kotma to challenge the elections of the said constituency. 2. According to the petitioner, the Assem-bly Elections were notified as per the provisions of Section 31 of Representation of the People Act. According to the programme, the date for submission of the nomination form was 23-10-93 to 30-10-93. The date of scrutiny was 1-11-93. The date for the withdrawal was 3-11-93 and the date for polling was fixed on 24-11-93. The respondent No. 1 filed nomination as candidate of National Congress (I) for ihe Assembly Constituency, Kotma (No. 83). According to the petitioner she had filed the nomination paper and declared her name as Rajesh Nandini Singh wife of Dalveer Singh. As alleged the said name Rajesh Nandini Singh was not recorded in the voters list of the said Assembly for the year 1993. On the other hand, at serial No. 18 name of Rajesh...
Tag this Judgment!Vitthalrao and anr. Vs. Shivratan and anr.
Court: Madhya Pradesh
Decided on: Aug-28-1998
Reported in: AIR1998MP321; 1998(2)MPLJ203
ORDERD.M. Dharmadhikari, J.1. This revision under Section 115 of the Code of Civil Procedure has been directed against the order dated 20-11-1996 passed by the 10th Civil Judge Class II, Gwalior whereby application under Order 6, Rule 17, C.P.C. filed by the plaintiffs seeking permission to raise certain factual and legal pleas has been rejected.2. The facts mentioned below would explain the cause for prefering this revision by the plaintiffs. According to the plaintiffs' case, the premises in suit which was initially open plot inside the Bada named 'Mahadik Sahab Ka Bada' in Dal Bazar, Lashkar, Gwalior was given on rent to the Predecessor-in-title of the defendants by Shakuntala Devi, predecessor-in-title of the plaintiffs, for the business of grain and oil-seed under a rent note executed as back as on 8-12-1953. It is not in dispute that there exists a mortgage deed executed on 14-/-1955 between the deceased landlady and the tenant in which the tenanted premises in suit were mortgage...
Tag this Judgment!Kishorilal Agarwal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-28-1998
Reported in: 2000CriLJ234
ORDERDipak Misra, J. 1. Being dissatisfied with the order dated 23-8-86 Annexure-B, passed by the Commissioner, respondent No. 2 herein, in appeal No. 3-Arms/1985-86 affirming the order passed by the District Magistrate, Raigarh canceling the license granted in favour of the petitioner in respect of weapon (Gabilondoy CM. Elgoi Bar (Espana) Cal 9 m.m. (380) LLAMA) the petitioner has visited this Court for quashment of the aforesaid orders.2. The facts leading to filing of the present writ petition are that the petitioner hails from Jind City in Haryana State where his family and relations reside and he holds movable and immovable properties at that place. It is also stated that he has immovable properties in the State of Madhya Pradesh at Raigarh. For the purpose of security he applied for grant of licence of a pistol to the competent authority who after being satisfied issued a valid licence bearing No. 27/ S.D.M./Jind/January, 1981 which was valid upto 9-6-85. As the said licence was...
Tag this Judgment!Kailash Singh Vs. Narayan Singh and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1998
Reported in: AIR1999MP183
ORDERS.K. Kulshrestha, J.1. By this petition, the petitioner has challenged the order dated 22-9-97 passed by the Additional Collector, Katni, in an Election Petition filed by the respondent No. (sic) directing recount of the votes concerning election of the President of the Janpad Panchayat Katni, held on 30-5-94 in the Election Petition No. 52-B-121/ 96-97 and the Election Petition No. 163/B-121/ 93-94. It is not disputed that in the election to the office of the President of the Janpad Panchayat Katni, the petitioner as also the election petitioner Narayan.Singh (respondent No. 1 in W.P. No. 4599/97) and Praveen (respondent No. 1 in W.P. No. 4600/97) were candidates and after the votes polled by each of them were counted on 21-5-94, the petitioner was declared elected. Against the election of the Returned Candidate, the petitioner herein, two election petitions were filed; one by Narayan Singh and the other by Praveen on the ground that there was improper acceptance arid rejection o...
Tag this Judgment!VipIn Parera Vs. David Laghran and anr.
Court: Madhya Pradesh
Decided on: Aug-25-1998
Reported in: AIR1999MP240; 1999(1)MPLJ679
Dipak Misra, J.1. Correctness of the judgment rendered in the Misc. Appeal No. 1467 94, preferred under Section 299 ot the Indian Succession Act, 1925 (hereinafter referred to as 'the Act'), whereby the learned single Judge of thisCourt has affirmed the orders passed by the IVth Additional District Judge, Jabalpur in Misc. Judicial Case No. 70/87 and Misc. Judicial Case No. 86/87, is called in question in this Letters Patent Appeal.2. The respondents No. 1 and 2 filed an application under Section 276 of the Act for grant of probate in respect of the properties of one Mrs. Mavis Ada Lynch, on the ground that she had executed a Will on 18-6-1983 in their favour bequeathing of her movable and immovable properties. It was averred in the said application that the Will was written in her own hand and she had executed it. The present appellant, the caveator, did not file any formal objection to resist the application but filed an application forming the subject-matter of Misc. Judicial Case N...
Tag this Judgment!St. D. Saraswati Shaikshanik Samiti and ors. Vs. Additional Labour Com ...
Court: Madhya Pradesh
Decided on: Aug-25-1998
Reported in: [1999(81)FLR728]; (1999)IILLJ402MP
Deepak Verma, J.1. In this petition filed under Articles 226/227 of the Constitution of India petitioner is challenging the propriety, correctness and legality of Annexure P-2 dated July 21, 1989 issued by Additional Labour Commissioner, Indore and Annexure P-3 dated October 25, 1989 issued by District Education Officer, Ujjain. By these two orders respondents have directed the petitioner to comply with the provisions of the Minimum Wages Act (for short the Act), 1948.2. Brief facts, material for deciding this petition may be enumerated as under: Petitioners are Societies registered under the provisions of M.P. Society Registrikaran Adhiniyam, 1973. The petitioner Societies are running schools within the district of Ujjain. These are all non-Government unaided schools, meaning thereby that they are not receiving any grant-in-aid from the State Government.3. The main contention of the petitioner is that they are not Commercial Establishments, which would cover them under the Notificatio...
Tag this Judgment!Kirti and anr. Vs. Rajendra and ors.
Court: Madhya Pradesh
Decided on: Aug-25-1998
Reported in: 2000ACJ663
Shambhoo Singh, J.1. This order shall govern the disposal of M.A. No. 260 of 1998, Kirti v. Rajendra and M.A. No. 261 of 1998, Tejubai v. Rajendra, as both appeals are directed against the judgment and award dated 20.11.1997 passed by Motor Accidents Claims Tribunal, West Nimad, Mandleshwar, in Claim Case No. 7 of 1996.2. The case of the claimants-appellants was that on 7.6.1995, they were travelling in jeep No. MP 10-9860 owned by the respondent No. 1 and insured with respondent No. 3. The respondent No. 2 drove it rashly and negligently. There was collision between this vehicle and a truck coming from the opposite direction at high speed, as a result of which Tejubai sustained injuries on her right hand while Kirti got her right leg fractured. They were admitted in T. Choithram Hospital and Tejubai's right hand and Kirti's right leg were amputated. Tejubai had filed Claim Petition No. 9 of 1996 seeking compensation of Rs. 8,05,000. Kirti had claimed Rs. 7,30,000 as compensation in Cl...
Tag this Judgment!Rabindranath Mukhopadhyay and anr. Vs. Coal India Ltd. and anr.
Court: Madhya Pradesh
Decided on: Aug-24-1998
Reported in: 1999(1)MPLJ205
Dipak Misra, J.1. Soundness of the order passed in W. P. No. 4361/96 by a learned Single Judge of this Court declining to grant relief to the petitioners is called in question by the appellants invoking the jurisdiction of this Court under Clause 10 of the Letters Patent.2. The exposition of facts is as follows :The petitioner-appellant No. 1 is working as Legal Manager in the office of the Chairman-cum--Managing Director, South Eastern Coalfields Limited, Bilaspur and is General Secretary of the Coal Mines Officers' Association, SECL, Bilaspur Branch, the appellant No. 2. SECL is one of the subsidiary company of the Coal India Limited. After nationalisation of the Coal Mines, a common coal cadre of the integrated personnel taken over from the erstwhile Private Coal Companies was formed, prescribing the rules and procedures for administration of the Executives and their integration to a common and uniform set of rules. The Common Coal Cadre was implemented in the year 1978 after the ap...
Tag this Judgment!Taj Khan S/O Hanusa and ors. Vs. Patel Prevbha and anr.
Court: Madhya Pradesh
Decided on: Aug-21-1998
Reported in: [1999(81)FLR145]; (1999)IIILLJ1246MP
R.D. Vyas, J. 1. This appeal is directed against the judgment and award in Claim Case No. 1/WC/92 (fatal) dated August 16, 1996, thereby the learned Commissioner, Workmen's Compensation and Labour Court, Mandsaur granted an amount of Rs. 20,000 as compensation, Rs. 10,000 as penalty to the appellants with penal interest under Section 4A of the Workmen's Compensation Act. 2. The short facts giving rise to this appeal are that the deceased workman-Firoj Khan was working as a driver on truck No. CIF-5922 belonging to respondent No. 1. It was stated that the deceased was aged 19 years and was earning Rs. 600 per month. The appellants are the parents and brethren of the deceased. On April 23, 1991, he was lying on the said truck, at about 12 mid night serpent bit him and he died, therefore, a claim was made under Workmen's Compensation Act. 3. The Tribunal had a wrong assumption that it cannot decide the age of the deceased is not a proper approach upon evidence or inference. The Court ough...
Tag this Judgment!Babu Lal and anr. Vs. M.P.E.B. and ors.
Court: Madhya Pradesh
Decided on: Aug-21-1998
Reported in: 2000ACJ529
Shambhoo Singh, J.1. This order shall govern the disposal of M.A. No. 412 of 1990 filed by the claimant Babu Lal and M.A. No. 413 of 1990 filed by Oriental Insurance Co. Ltd. against the award dated 30.8.1990 passed by the IVth Additional Motor Accidents Claims Tribunal, Dhar in Claim Case No. 24 of 1990 whereby compensation of Rs. 2,00,000 was awarded with interest at the rate of 12 per cent per annum.2. It was not in dispute that the truck No. 6369 belonged to non-applicant No. 1, M.P.E.B. and was insured with the non-applicant No. 4, the Oriental Insurance Co. Ltd. and non-applicant No. 3 Mahendra was the driver.3. The case of the claimants, mother and father of the deceased Lalit Kumar, was that on 9.2.1986 at 3-4 p.m., Lalit Kumar was sitting in the betel shop of Paraskumar. At the instance of the driver Mahendra, Manoharsingh started the truck and reversed it and in doing so dashed it against the betel shop, as a result of which Lalit Kumar sustained injuries and died on the same...
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