Madhya Pradesh Court July 1999 Judgments
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Lavkush Prasad Gautum Vs. Food Corporation of India and ors.
Court: Madhya Pradesh
Decided on: Jul-23-1999
Reported in: (2002)IVLLJ405MP
ORDERC.K. Prasad, J.1. Both these writ petitions have been directed to be heard together and as such they are being disposed of by this common order. In both the petitions filed under Article 226 of the Constitution of India, petitioners pray for quashing of the memorandum of charge dated July 14, 1997 by issuance of an appropriate writ order or direction. 2. Lavkush Prasad Gautam (petitioner in W.P. No. 38/1998) and Ganesh Prasad (petitioner in W.P. No. 324/1998) were working in the Food Corporation of India as Assistant Grade III and Watchman respectively. In the year 1980, according to the respondent Corporation, they connived with the transport contractor and misappropriated one truck of rice, by manipulating the records. Respondent Corporation initiated recovery proceedings against the contractor and in terms of the agreement between them dispute was referred to an arbitrator. Till date, the arbitration proceeding has not come to an end. However, for the incident of 1980 responden...
Ram Sewak and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-23-1999
Reported in: 2000(1)MPHT295
ORDERR.P. Gupta, J.1. Counsel for the parties are agreed that the matter be heard and disposed of finally at this stage.2. Heard.3. The two petitioners are brothers-in-law (SALAS) of third accused Tejilal. They have been charge-sheeted for offence under Section 306 I.P.C., on allegation that Tejilal's brother Basantlal committed suicide in his own house by hanging himself on the night between 11th and 12th of October, 1998 at about 3 a.m.. The circumstances leading to this suicide were that the accused Tejilal and deceased Basantlal being real brothers had jointly built a house in Netanagar, Adhartal. Deceased, thereafter, wanted a partition to which Tejilal was not agreed and resisted it violently. As Basantlal insisted for separation of his share, Tejilal used to threaten him and had assaulted him once or more time previously. This situation was continuing for about three years, during which Tejilal's wife, two brothers namely; Ram Sewak and Rammulal (the present petitioners) also jo...
Satish Kumar Upadhyaya Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-22-1999
Reported in: AIR2000MP92; 1999(2)MPLJ669
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the order dated 16-4-1999 (Annexure P-5) of respondent No. 3 Additional Registrar, Cooperative Societies.2. The petitioner is President of respondent No. 2 M.P. Rajya Hathkargha Bunkar Sahkari Sangh Maryadit, Jabalpur. There were several complaints against him alleging negligence and fraud in the discharge of his duties. A preliminary inquiry was conducted , Thereafter, by the letter dated 19-2-1999 the Registrar. Co-operative Societies in exercise of the power under Section 53-Bof the M.P. Co-operative Societies Act, 1960 (hereinafter to be referred to as the Act) called upon the respondent No. 2 Society to remove the President from his office and to disqualify him from holding the same for a period of three years after affording opportunity of hearing to him. The Managing Director of the Society served show cause notice dated 24-2-1999 upon the petitioner. That is Annexure P-1. A meeti...
Subhash Kumar Manwani Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-22-1999
Reported in: AIR2000MP109; 2000(1)MPLJ153
D.M. Dharmadhikari, J.1. This appeal under Section 96 of the Code of Civil Procedure has been preferred against the judgment dated 18th June, 1993 passed by the Court of III Addl. District Judge, Bilaspur whereby the suit filed by the plaintiff (appellant herein) for recovery of prize declared on his lottery ticket has been dismissed. According to the learned trial Judge, promise to pay prize in a lottery is in the nature of an agreement by way of wager which is void and cannot be enforced by civil suit due to prohibition contained in Section 30 of the Contract Act. The learned trial Judge has placed reliance on a decision of Division Bench of this Court in the case of Shekhar Chand Jain v. Ramnarayan Gend (F.A. No. 10 of 1975 decided on 3-2-1977 and shortnoted in 1977 (2) M.P. W.N. 118). The Division Bench in the said case upheld dismissal of a similar suit based on a lottery ticket by relying on a decision of Bombay High Court in the case of Sir Dorabji Jamsetji Tata Ltd. v. Edward F...
Jindal Strips Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jul-22-1999
Reported in: 1999(158)ELT439(MP)
ORDERA.K. Mathur, C.J.1. In these batch of writ petitions, the Petitioners have challenged the validity of Sections 11AB and 11AC of the Central Excise Act, 1944 on the anvil of Arts. 14, 19 and 20 of the Constitution of India; therefore they are disposed of by this common order, For convenient disposal of all these petitions, facts given in W.P. No. 481 of 1997 are taken into consideration. 2. The petitioner is a manufacturer of sponge iron. He was served with show cause notice by the respondent No. 3 Commissioner of Central Excise, Raipur dated 3rd December, 1995 and a corrigendum dated 26th November, 1996; therefore, he has rushed to challenge the validity of provisions of Sections 11AB and 11AC of the Act of 1944 on the anvil of Arts. 14, 19 and 20of the Constitution and has also sought writ of certiorari quashing the proceedings initiated by the respondent No. 3. 3. Sections 11AB and 11AC were introduced by Finance (No. 2) Act, 1996 (33 of 1996) with effect from 29th September, 19...
Damoo @ Damodar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-22-1999
Reported in: II(2000)DMC226
Deepak Verma, J. 1. Appellant, who has been found guilty of commission of an offence under Section 302 of the Indian Penal Code by the Court of Sessions judge, Shajapur, in Sessions Trial No. 78 of 1993, decided on 3.10.1994, has preferred this appeal.2. As per prosecution story, appellant Damoo @ Damodar was married to Bharti about two years back. Both of them were living in Marwadseri Shajapur. On 26.10.1992, deceased Bharti alongwith her sister-in-law Smt. Nirmalabai had gone to touch the feet of elders to seek their blessings on account of functions of Deepawali. When appellant Damoo came to know about it, and on her return, deceased Bharti was questioned as to why did she go without seeking his permission. Appellant got infuriated on account of the fact mat deceased had not cared to seek his prior permission before doing so. Thus, he started beating her. Not being satisfied with this, he bolted her inside the room and after pouring kerosene on her she was alighted by the appellant...
Hemant Mittal and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-22-1999
Reported in: 2000(1)MPHT472; 1999(2)MPLJ20
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India for a direction to the respondents to allot 'free seats' to them in place of 'payment seats' and to refund the excess fee recovered from them.2. It is not in dispute that petitioner No. 1, Hemant Mittal has graduated from Jiwaji University, Gwalior and petitioner No. 2 Nandkishore Singh has done so from A.P.S. University, Rewa. They appeared in M.P. Management Joint Entrance Test, 1997 for admission in M.B.A.. They obtained 296 and 244 marks respectively. They appeared in IInd phase of counselling at Bhopal conducted by respondent No. 2, Director, Technical Education, on 10-9-1997 and opted for admission against 'payment seats'. They were allotted V.N.S. Institute of Management, Bhopal, respondent No. 3. They were each required to pay a fee of Rs. 44910/- in the first year. The fee for free seat is about Rs. 15000/-. They were ineligible to appear in the Ist and IInd phase of counselling for admissi...
Anwar HussaIn Vs. Khalif Mohd. and anr.
Court: Madhya Pradesh
Decided on: Jul-22-1999
Reported in: 2001ACJ1420
S.B. Sakrikar, J. 1. The claimant-appellant has directed this appeal against the order dated 30.6.97 passed by Workmen's Compensation Commissioner, Indore, in W.C. Case No. 46 of 1987, thereby awarding total compensation of Rs. 25,660 together with interest at the rate of 6 per cent per annum from the date of the alleged accident till realisation and 50 per cent by way of penalty under Section 4-A of the Workmen 's Compensation Act.2. The facts of the case lie in a narrow compass. The appellant was employed as driver by the respondent No. 1 for driving of his truck bearing registration No. RQ 5569. On 4.10.1986. the appellant met with an accident during the course of the employment and sustained grievous injuries on his right leg resulting into 30 per cent permanent disability on his right leg. The appellant, after service of notice on the employer, demanding compensation, filed an application before the Commissioner, Workmen's Compensation at Indore, for award of the compensation. The...
Ratilal Khoobchand Vs. Commissioner for Workmen's Compensation-cum-Lab ...
Court: Madhya Pradesh
Decided on: Jul-22-1999
Reported in: 2002ACJ384
S.C. Pandey, J.1. This is an appeal under Section 30 of Workmen's Compensation Act, 1923 (henceforth 'the Act') against the order dated 1.9.1998 passed by the Commissioner, Workmen's Compensation-cum-Labour Court, Jabalpur (henceforth 'the Commissioner') in Case No. 73/89/Fatal.2. On 28.9.1987, respondent No. 3, Lachhobai filed an application under the provisions of the Act before the Commissioner claiming that her husband Khedu Choudhary was working in the godown of the appellant Ratilal Khoobchand as a labourer. He died on 31.5.1986 at about 7 p.m. when he was in the process of arranging heavy bags of rice and wheat. It was alleged that his death was on account of the fact that one of heavy bags fell on his body and he died due to that accident. It was further claimed that on account of death of Khedu Choudhary during the course of employment and out of the employment, the respondent No. 3 claimant was entitled to compensation amounting to Rs. 60,000.3. The facts alleged in the appli...
inder Kumar Panchal and anr. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-21-1999
Reported in: AIR2000MP28; 1999(2)MPLJ660
Khan, J. 1. PETITIONERS claim to be members of Vishwa Hindu Parishad, Indore and social workers also. They claim that 'Nav Durga Mata Temple' situate at Manish Bagh Colony looked after by one Ishwarlal, was illegally and forcibly demolished by official respondents preventing them from exercising their fundamental right of practising religion and faith of their choice. It is alleged that this was done in violation of orders passed by this Court in Ishwarlal's writ petition No. 944/98 requiring them to take recourse to procedure established by law. 2. Petitioners claim that this temple existed on the land donated by Manish Bagh Co.-op. Housing Society's Ex-President as evidenced from Annexure P6 permitting Poojari Ishwarlal to raise/renovate the temple. The demolition incident was also witnessed by one sifting M.L.A. Laxman Singh Gaur testifying that Collector, Indore and Commissioner, Indore Municipal Corporation accompanied by police force had demolished the structure and beaten and ab...
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