Madhya Pradesh Court August 1998 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Board of Secondary Education Vs. Vasant Ganesh Vaidya
Court: Madhya Pradesh
Decided on: Aug-20-1998
Reported in: 1999(1)MPLJ602
A.K. Mathur, C.J.1. This is an appeal directed against the order of the learned Single Judge of this Court dated 22-8-1996 passed in Writ Petition No. 4379/91, whereby the learned Single Judge has allowed the petition and directed the Board to allow the respondent/petitioner to opt for his pension and fix his pension and start paying the same within a period of one month. The petitioner shall refund his provident fund in accordance with the Regulations.2. The brief facts which are necessary for disposal of the appeal are that the respondent/petitioner had filed a petition under Article 226 of the Constitution for grant of benefit of pension scheme which was brought into force w.e.f. 1-4-1988 for all employees, who had already retired or would be retiring after publication of the Pension Scheme in the M.P. Raj Patra dated 10-5-1991. The benefit of the pension scheme was not extended to the petitioner/respondent only on the ground that he retired on 1-11-1987 prior to the date 1-4-1988, ...
Jagdish Prasad Harvilas Sharma Vs. Jila Sahakari Kendriya Bank Maryadi ...
Court: Madhya Pradesh
Decided on: Aug-20-1998
Reported in: 1998(2)MPLJ545
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the order passed by the Board of Revenue, the respondent No. 4, dismissing the appeal filed by the petitioner, which was directed against the order passed by the Joint Registrar, Co-operative Societies, he has now approached this Court seeking redress praying for the quashing of the orders passed by the Joint Registrar, Co-operative Societies as well as the order passed by the Board of Revenue, wherein the said order has been affirmed.2. I have heard the learned counsel for the petitioner. However, in spite of service of notices none has appeared on behalf of the respondent-society. I have, however, 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 petitioner, who held the post of Samiti Sewak and was in the employment of the respondent, co-operative society, was subjected to disciplinary proceedings which culminated in an order dated 27-3-1982 di...
Gayatri Bais and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1998
Reported in: 1999(1)MPLJ444
ORDERJ.G. Chitre, J.1. While making reference to the Annexures, answering the query, Shri Saraf submitted that the Courts in the State generally do not entertain the applications, if moved for the purpose of production of document relevant to the trial before framing of the charge. He submitted that on accounts of that the petitioners did not move an application for production of those documents through Superintendent of Police, Indore or the concerned Police Officers in whose possession or control those documents are, as per the instructions given by his clients.2. Such difficulties should not arise at all because the provisions of Section 91 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code' for convenience ) are very clear. According to Section 91(1) of the Code, whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquir...
Chandrawati Wd/O Surjanram and ors. Vs. Ganesh Prasad Lakshmi Prasad a ...
Court: Madhya Pradesh
Decided on: Aug-18-1998
Reported in: 1999(1)MPLJ107
C.K. Prasad, J.1. This is plaintiff's (since dead) second appeal under Section 100 Civil Procedure Code. He died during the pendency of the appeal and this appeal is being pursued by his legal representatives. Plaintiff filed the suit for recovery of possession of agricultural land having an area of 10.24 acres situated in village Soor in the district of Sarguja from defendants 1, 2 and 6. He further prayed for the relief of mesne profits at the rate of Rs. 500/- per year from the defendants excepting defendant No. 7. Further relief sought for by him was that the auction sale held by defendant No. 4 on 14-5-1976 in relation to survey plot nos. 554, 555, 557 and 2528 be declared null and void. Second Civil Judge, Class II Ambikapur (Sarguja) by judgment and decree dated 27-12-1983 passed in Civil Suit No. 88-A/79 decreed the suit. Defendants 1, 2 and 6 being aggrieved by the same preferred appeal and the Second Additional District Judge, Ambikapur (Sarguja) by judgment and decree dated ...
Muku Bai Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-18-1998
Reported in: 1998(2)MPLJ661
A.K. Mathur, C.J.1. Both the aforesaid appeals arise out of the orders of the learned Single Judge of this Court dated 16-10-1996 and 24-1-1997 passed in W. P. No. 2473/96 and W. P. No. 3890/96 respectively; therefore, they are disposed of by this common Judgment.2. L.PA. No. 225/96 is directed against the order of the learned Single Judge dated 16-10-1996 passed in W. P. No. 2473/96 and the learned Single Judge has dismissed the writ petition relying on his earlier decision given in the case of Dhumadandhin v. State of M.P., 1997 (2) MPLJ 175.3. The brief facts giving in LPA No. 225/96 are taken into consideration. A notice to convene the meeting of the Gram Panchayat to consider the no confidence motion against the petitioner was given on 16-5-1996. It is averred that on the basis of the aforesaid notice the prescribed authority fixed the date of meeting for 17-6-1996 and on the said date, no confidence motion was carried out by the required majority. Therefore, a petition (W.P. No. ...
Municipal Corporation Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-17-1998
Reported in: 1998(2)MPLJ512
ORDERDipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner, Municipal Corporation, Bhopal through its Commissioner has prayed for issue of a writ of certiorari for quashment of order dated 28.12.1996, Annexure-P.1, passed by the State of Madhya Pradesh refusing to treat the seat of councillor of ward No. 42 to be vacant and further declare that the resignation tendered by the respondent No. 2 which bears endorsement of the respondent No. 3, the Mayor of Municipal Corporation, Bhopal as a voluntary act of tendering by the councillor, the respondent No. 2 herein, and hence operative and binding on the authorities concerned.2. The brief facts leading to filing of this writ petition are that the respondent No. 2 was elected as a councillor from Ward No. 42 of the Municipal Corporation, Bhopal. As alleged in the petition she was unhappy with some of the actions taken by the Mayor of the Municipal Corporation for...
Subhash Chand JaIn Vs. Central Bank of India
Court: Madhya Pradesh
Decided on: Aug-12-1998
Reported in: AIR1999MP195
ORDERS.K. Dubey, J.1. This is judgment-debtor's revision under Section 115 of the Code of Civil Procedure against the order dated 11-8-1994 passed in Execution Case No. 1-B of 1986 by the Additional Judge to the Court of District Judge, Narsinghpur whereby warrant for sending the applicant in civil prison was issued.2. It is not necessary to State the facts in details. The non-applicant/Bank obtained a decree for Rs. 39,541/- along with interest and costs against the applicant which was put to execution. In the execution proceedings an application was filed by the decree-holder Bank on 4-3-1994 for sending the judgment debtor to civil prison of which the notice to show cause was issued by the executing Court under Order 21, Rule 37 of the Code of Civil Procedure. The applicant submitted its reply. The executing Court to enforce the execution without holding an enquiry ordered of issue of warrant for detention of the applicant in civil prison.3. Having heard Shri N. K. Patel, counsel fo...
Malook Khan and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-11-1998
Reported in: 1999(2)MPLJ243
ORDERJ.G. Chitre, J.1. The petitioner is praying for the custody of the truck bearing registration No. GJ-l-UU-7587 which has been seized in context with Crime No. 18/98 connected with Police Station Nahargarh, District Mandsaur.2. The prosecution case in brief is that on 25-1-1998 Shri N. L. Pandya, A.S.I. of Nahargarh Police Station got the information that poppy husk is likely to be transported from the godown of one Prabhulal resident of Soothi by one Afzal in contravention of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1986 (hereinafter referred to as the Act for convenience). Accordingly a Panchnama was prepared indicating that in the attempt of obtaining the search warrant, the offenders were likely to escape and it would not be possible to obtain the warrant. After that, the Panchnama was drawn and such difficulty was expressed. The Panch-witnesses were taken by the raiding party along with it. The party proceeded to effect the raid. While attempting t...
Malook Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-11-1998
Reported in: 1999CriLJ1147
ORDERJ.G. Chitre, J. 1. The petitioner is praying for the custody of the truck bearing registration No. G.I-l-UU-7587 which has been seized in context with Crime No. 18/98 connected with Police Station Nahargarh, District Mandsaur.2. The prosecution case in brief is that on 25-1-98 Shri N. L. Pandya, ASI of Nahargarh Police Station got the information that poppy husk is likely to be transported from the godown of one Prabhulal resident of Soothi by one Afzal in contravention of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1986 (hereinafter referred to as the Act for convenience). Accordingly a Panchnama was prepared indicating that in the attempt of obtaining the search warrant, the offenders were likely to escape and it would not be possible to obtain the warrant. After that, the Panchanama was drawn and such difficulty was expressed. The panch-witnesses were taken by the raiding party along with it. The party proceeded to effect the raid. While attempting to ...
Ashok Bajhal Vs. Mohd. Yakub and ors.
Court: Madhya Pradesh
Decided on: Aug-11-1998
Reported in: AIR1999MP267; 1999(2)MPLJ364
ORDERS.K. Dubey, J. 1. This is a revision under Section 26(2) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as 'the Act') against the order dated 16-3-1996, passed in Misc. Civil Case No. 7 of 1995 by the District Judge, Sagar. 2. Facts giving rise to this revision are thus: In the year 1994, for composition of the Municipal Council, Garhakota, elections of different wards were held on 27-11-1994. The petitioner and respondent No. 5 and other two candidates contested the election from Ward No. 1 known as Jawahar Ward. The petitioner was a candidate of Bhartiya Janta Party while respondent No. 1 was of Congress (I). The result of the election was declared on 29-11-1994, wherein the petitioner was declared elected as he secured 363 votes while respondent No. 1 secured 295 votes and other two independent candidates secured one vote each. The respondent No. 1 challenged the election of the returned candidate by an election petition under Section 20 of the Act for ...
- ‹ Prev
- 1
- 3
- Next ›
- Last »