Madhya Pradesh Court November 1999 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.
Mariyambai and ors. Vs. Kishan Lal and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1999
Reported in: 2(2000)ACC304
A.M. Sapre, J.1. This Letters Patent Appeal is preferred under Clause-10 of Letters Patent by the claimants against the Judgment rendered by learned Single Judge in M.A. No. 199/1985, arising out of Claim Case No. 5/1980 decided by M.A.C.T., Mandsaur. By impugned Judgment, the learned Single Judge was pleased to partly allow the appeal preferred by the claimants (appellants herein) by enhancing the amount of compensation awarded by Tribunal from Rs. 37,000/- to Rs. 42,700/-, basing its conclusion on the plea of contributory negligence. The appellants/claimants felt dissatisfied with the enhancement awarded by the learned Single Judge, have filed this appeal.2. Facts emerging from the record of the case and found proved in the Courts below need mention to appreciate the grievance urged by the parties to the appeal.3. Mohammad Hussain aged about 31 years was working as Manager in one Hotel, called Janta Lodge at Neemuch. On the fateful day (29.7.1979) at about 8.30 p.m. he was coming tow...
Smt. Ratna Kanthale Vs. Rajendra Kanthale
Court: Madhya Pradesh
Decided on: Nov-16-1999
Reported in: I(2000)DMC490
S.B. Sakrikar, J. 1. The appellant/original respondent has directed this appeal against the judgment dated 31st March, 98 rendered by IX ADJ Indore (Family Court) in Case No. 383/96, thereby passing a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') in favour of the respondent and against the appellant.2. The undisputed facts of the case are that the appellant and respondent are wife and husband and their marriage was solemnised on 8.5.1989 at Indore under the Hindu Religion and Customs. The appellant and respondent lived together as wife and husband till 20.10.1994 and as a result of marital relations one male child Aditya borned to the appellant, who is at present aged about 6 years and living with the appellant at Yeotmal (Maharashtra).3. It is stated that on 20.10.1994 the appellant without any reasonable cause deserted the respondent and started living separately at Yeotmal in Maharashtra. The respondent filed a petiti...
State of Madhya Pradesh Vs. Raggi and 3 ors.
Court: Madhya Pradesh
Decided on: Nov-16-1999
Reported in: I(2001)DMC342
S.K. Kulshrestha, J.1. The State has filed this appeal against the judgment dated 3.8.1991 of the learned Second Additional Sessions Judge, Tikamgarh, passed in Sessions Trial No. 107/90, by which the respondents have been acquitted of the charge under Section 4 of the Dowry Prohibition Act, 1961, and Section 306 of the Indian Penal Code.2. The respondents were prosecuted for the said offences on the ground that as a result of the demand of dowry between 5.7.1989 and 19.7.1990 and consequent harassment, the deceased Kishori, who was wife of accused Moorat Singh, was driven to commit suicide on 17.9.1990 at about 7.00 p.m. in village Vasova by hanging herself. It was not disputed before the Trial Court that the deceased Kishori had been married to accused Moorat Singh about two years prior to the commission of suicide by her, accused Raggi was father-in-law, Sarjubai her mother-in-law and Gyan Singh her Jeth (husband's elder brother). It was also not disputed that Kishori had committed ...
Employees' Union Ordnance Factory and Ors. Vs. State of M.P. and Anr.
Court: Madhya Pradesh
Decided on: Nov-16-1999
Reported in: 2000(1)MPHT496; 2000(1)MPLJ514
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioners have prayed for declaration that the employees mentioned in 'Annexure P-1' working in the Ordnance Factory, Itarsi are not liable to pay professional tax under the M.P. Vrittikar Adhiniyam, 1995 (hereinafter referred to as 'the Adhiniyam'). A further prayer has been made to issue a writ of prohibition from recovering the aforesaid tax from the employees who have been named under Annexure P-1.2. It is worth-noting here that the petition has been filed by the Employees' Union Ordnance Factory, Itarsi, through its President; Ayudh Nirmani Karmchari Sangh, through its President; Ayudh Nirmani Karmchari Union, through its Secretary; Akhil Bhartiya Ayudh Nirmani Lipikiya Karmchari Sangh; and All India Association of Non-Gazetted Officers of the Ordnance Factory, Itarsi. It is averred in the petition that the employees of the petitioners' Association are...
Kailash Vs. National Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Nov-15-1999
Reported in: 2001ACJ1454; 2000(2)MPLJ7
J.G. Chitre, J.1. Mr. Manish Jain, counsel for the appellant. Mr. P.K. Gupta, counsel for respondent No. 1. Other respondents absent. The appeal is being decided against them ex parte.2. The appellant is hereby assailing correctness, propriety and legality of the award passed by the M.A.C.T., Kukshi, Distt. Dhar, in Claim Case No. 105 of 1994 wherein the appellant has been granted compensation to the tune of Rs. 32,000 in all recoverable from the respondents jointly and severally with interest at the rate of 12 per cent per annum from 27.6.1994. Cost of litigation has been also awarded at Rs. 500.3. On 17.5.1994 at 7.30 p.m. the appellant was going to Silkuwa from Talanpur by riding on bicycle and when he was near Hanuman Temple, respondent No. 2 who was driving truck bearing No. GRN 4859 dashed him by driving it rashly and negligently. On account of said accident the appellant sustained fractures of scapular bone as well as on some ribs. He submitted a petition for claiming the compen...
Ayodhya Prasad Vs. Chhedilal
Court: Madhya Pradesh
Decided on: Nov-05-1999
Reported in: AIR2000MP184; 2000(1)MPHT452
V.K. Agarwal, J.1. The plaintiff/appellant by this first appeal has challenged the order dated 18-9-1995, in Civil Suit No. 13-B/93, by District Judge, Raigarh, whereby the suit of the plaintiff/appellant for recovery of amount of damages and the price of boring machine was dismissed, as barred under Order 2, Rule 2 of CPC.2. Undisputably, the plaintiff/appellant had executed the work of boring a tube-well by his boring machine in the 'Poha' mill of the defendant/respondent. According to the plaintiff/appellant after boring for about 120 ft., the work had to be abandoned for want of adequate water supply. The defendant/respondent had agreed to pay boring charges @ Rs. 20.00 per foot. The plaintiff/ appellant demanded from the defendant/ respondent the amount for the work executed by him as per the above agreement between the parties. However, the defendant/respondent did not pay the said charges and also did not permit the plaintiff/appellant to take away his boring machine. Therefore,...
Harisingh Sidar Vs. State of M.P. and 4 ors.
Court: Madhya Pradesh
Decided on: Nov-05-1999
Reported in: 2000(1)MPHT345
ORDERD.P.S. Chouhan, J.1. The petitioner, by means of this petition, has approached this Court seeking relief for quashing the order dated 17/18-3-99 (Annexure P-7 to the petition) and for restoration of the earlier order dated 17-9-98 (Annexure P-2 to the petition) and a further direction for holding of the election of the President of Nagar Panchayat, Sakti as per provision of law.2. There has been casual vacancy in the office of President of Nagar Panchayat, Sakti and the State Government exercising power under Sub-section (2) of Section 37 of the M.P. Municipalities Act, 1961 (for brevity, hereinafter referred to as 'the Act') nominated the petitioner to exercise all the powers and duties of the President of Nagar Panchayat, Sakti vide order dated 17-9-98. Subsequently the State Govt. passed another order on 17/18-3-99, which is Annexure P-7 to the petition, recalling the order dated 17-9-98 and nominating Shri Sanjay Kumar Agrawal (respondent No. 5) for exercising all the powers a...
State of M.P. Vs. Narendra Kumar
Court: Madhya Pradesh
Decided on: Nov-05-1999
Reported in: 2000CriLJ2379; 2000(2)MPLJ399
D.N. Dharmadhikari, J.1. This appeal has been preferred by the State of Madhya Pradesh seeking enhancement of the sentence imposed upon the respondent-accused and for assailing the judgment dated 23-3-1986 of the Court of IVth Addl. Sessions Judge, Durg whereby on conviction of the respondent-accused for an offence punishable under Section 376 of I.P.C., he has been released on probation on executing a bond under the Provisions of Probation of Offenders Act, 1958.2. Shri A.K. Verma, learned Panel Lawyer appearing for the State submits that the offence under Section 376 of I.P.C. is punishable for life imprisonment and, therefore, Section 4(1) of the Probation of Offenders Act, 1958 cannot be taken aid of by the trial Judge for releasing the respondent-accused on probation for a good conduct; by executing a bond. It is pointed out that the decision of learned single Judge reported in 1965 MPLJ Note No. 42; Daulat v. State is misleading. It is not a full report of the judgment and most l...
LaxminaraIn Deohare and Etc. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-04-1999
Reported in: AIR2000MP175
Dipak Misra, J. 1. Both the writ petitions being interlinked and inter-connected were heard analogously and are disposed of by this common order. In W. P. No. 3297/99 the challenge is to the grant of catering licences relating to Platform Nos. 1, 4 and 5 of the Itarasi Railway Station on various grounds, whereas the challange in W. P. No. 4224/99 is on a limited spectrum.2. Before the crux in both the writ petitions is uncurtained, it is necessary, nay, requisite, to unfurl and unfold the factual backdrop as that portrays a different scene altogether. It is well known that the Railway is a large organisation and the Itarasi Railway Station is one of the biggest junction and caters to public at large. To maintain the quality of supply of food and to get the best caterer the railway administration published an advertisement on 26-9-1997 in National Mail Bhopal inviting applications for award of a catering licence for stalls to be situatedat platform Nos. 1, 2, 3, 4 and 5. Many applicatio...
Steel Authority of India Ltd. Vs. State Industrial Court and Two ors.
Court: Madhya Pradesh
Decided on: Nov-03-1999
Reported in: 2000(1)MPHT680; 2000(1)MPLJ493
ORDERC.K. Prasad, J.1. Respondent No. 3 was initially appointed as helper at the construction site of the Petitioner-Company i.e., the Steel Authority of India Ltd., on 02-04-1959. He was retrenched on 15-02-1961. Thereafter he was appointed as Fitter Grade-II on work-charge establishment w.e.f. 07-05-1962. According to the petitioner, at the initial stage of his employment, he declared his age as 24 years as on 01-07-1959. This was recorded in the employment index card, which was duly signed by him. Accordingly, his date of birth was found to be 01-07-1935 and taking into consideration the aforesaid date of birth, respondent No. 3 was to superannuate on attaining the age of 58 years on 30th of June, 1993. According to the petitioner, respondent No. 3 two years before his actual date of retirement i.e., 30-6-1993 filed representation in the years 1991 and 1992 requesting the petitioner to correct his date of birth as 01-01-1945. Prayer of respondent No. 3 was turned down on the ground ...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »