Madhya Pradesh Court September 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.
Smt. Samadkunwar and Three ors. Vs. Radheshyam and anr.
Court: Madhya Pradesh
Decided on: Sep-29-1999
Reported in: 2(2000)ACC456
ORDERA.K. Gohil, J.1. The appellants have preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') against the judgment and award dated 25.2.1997 passed by the Commissioner for Workmen's Compensation, Labour Court, Ratlam in Case No. 5/W.C.F./89 for enhancement of compensation and also for grant of interest and a penalty.2. Undisputedly the facts of the case are that the deceased Laxmansingh was working on drilling unit (Boring Machine) with a truck bearing registration number MQU 9299 as a cleaner owned by respondent No. 1. The aforesaid vehicle was insured with respondent No. 2. The deceased was getting Rs. 900/- per month as salary. While working as a cleaner on 23.2.1989 deceased Laxmansingh died because of electric shock and electric current. The matter was reported to the Police Station, Ratlam. The aforesaid drilling unit was seized on 27.2.1989 by the police and subsequently the same was released on Supurdgi by the Ch...
State of M.P. and anr. Vs. Anand Bihari and anr.
Court: Madhya Pradesh
Decided on: Sep-28-1999
Reported in: 2000(2)MPHT369; 2000(1)MPLJ130
S.P. Srivastava, J.1. Feeling aggrieved by the order passed by a learned Single Judge allowing the writ petition filed by the contesting respondent No. 1 and directing that he will be entitled to the pension awarded under the provisions of the Madhya Pradesh Swatantrata Sangram Sainik Samman Nidhi Niyam, 1972, from the date of the application, the State as well as the Collector, District Gwalior have come up in this Letters Patent Appeal seeking redress praying for the setting aside of the impugned order.2. We have heard the learned Govt. Advocate representing the State-appellants as well as the learned counsel representing the contesting respondent/petitioner, 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.4. The petitioner/respondent No. 1 had submitted an application dated 10-3-1988 seeking Swatantrata Sainik Samman pension. The State Government vide its order dated 18-12-1991 sanctio...
National Insurance Co. Ltd. Vs. Ram Murti and ors.
Court: Madhya Pradesh
Decided on: Sep-28-1999
Reported in: II(2000)ACC238; 2002ACJ1224; 2000(1)MPLJ415
S.P. Srivastava, J.1. Heard the learned Counsel for the insurer appellant.2. Perused the record.3. Feeling aggrieved by the award of Motor Accidents Claims Tribunal in the proceedings under the Motor Vehicles Act, whereunder the insurer also stands saddled with the liability in regard to the payment of the amount determined to be payable as compensation to the claimants apart from the driver and the owner of the offending motor vehicle, it has come up in appeal seeking modification of the award providing that the insurer will not be liable to pay the amount in question.4. The facts in brief shorn of details in respect whereof there is no dispute lie in a narrow compass: The offending motor vehicle, an Ambassador car bearing registration No. CPK 7638, initially belonged to and was owned by Ram Kripal, the present respondent No. 6. Suresh Kumar, the present respondent No. 4, had purchased the same from Ram Kripal on 26.5.1990. On the date of accident, i.e., 26.6.1990, the aforesaid motor...
George Joseph and ors. Vs. Regional Provident Fund Commissioner and or ...
Court: Madhya Pradesh
Decided on: Sep-27-1999
Reported in: [2000(84)FLR790]; (2000)ILLJ1132MP
D.P.S. Chauhan, J.1. By means of this petition, a prayer is made for quashing the order of the respondent Regional Provident Fund Commissioner, Indore dated November 28, 1991 and the notices sent to the petitioners (Annexures A, B-1 to B-3 and Q to the petition) purporting to enforce recovery from the Non-Governmental Education Institutions by applying the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and scheme thereunder.2. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents.3. Learned Counsel for the parties submitted that the matter is covered by the decision of the Supreme Court in the case of M.P. Shikshak Congress and others v. R.P.F. Commissioner, Jabalpur and Others (1999-I-LLJ-476)(SC) and the decision of this Court in Misc. Petition No. 3499 of 1992 Orient Paper Mills Shikshak Kendra Higher Secondary School, Amlai v. State of Madhya Pradesh and Ors., decided on September 27, 1999. Hence, this petition ma...
Mishra R.P. and ors. Vs. Regional P.F. Commissioner and ors.
Court: Madhya Pradesh
Decided on: Sep-27-1999
Reported in: (2000)IILLJ82MP
D.P.S. Chauhan, J.1. This petition is on behalf of five petitioners, two of whom are individuals who do not represent the institution. The petitioner No. 1 has styled himself as Principal, Tilak Rashtriya Secondary School, Katni. Petitioner No. 2 had described himself as Principal Sindhi Higher Secondary School, Katni. Petitioner No. 3, is Tilak Rashtriya Secondary School. Petitioner No. 4 is Sindhi Higher Secondary School, Katni and petitioner No. 5 is Digambar Jain Shiksha Sanstha, Katni. It may be noted that the petition on behalf of the school is not maintainable. School is neither a legal person nor a juristic person nor a person conferred with a status. It is not a society registered under the Society- Registration Adhiniyam, 1973. However, since the petition is of 1992, I am not inclined to dismiss the petition on this ground.2. By means of this petition, a prayer is made for quashing the orders of the respondent - Regional Provident Fund Commissioner, Jabalpur (Annexures - A, A...
Satna Zila Ashashkiya Shikshak Avam Anya Karmachari Sangh and ors. Vs. ...
Court: Madhya Pradesh
Decided on: Sep-27-1999
Reported in: [2000(85)FLR593]; (2000)IILLJ408MP
D.P.S. Chauhan, J.1. By means of this petition, a prayer is made for quashing the order of the respondent Regional Provident Fund Commissioner, Indore dated November 28, 1991 - Annexure-A and similar orders which have been issued by the Regional Provident Fund Commissioner, Jabalpur, purporting to enforce recovery from the Non-Governmental Education Institutions by applying the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and scheme thereunder.2. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents.3. Learned Counsel for the parties submitted that the matter is covered by the decision of the Supreme Court in the case of M.P. Shikshak Congress and others v. R.P.F. Commissioner, Jabalpur and others (1999-I-LLJ-476)(SC) and the decision of this Court in Misc. Petition No. 3499 of 1992 Orient Paper Mills Shikshan Kendra Higher Secondary School, Amlai v. State of Madhya Pradesh and Ors. decided on September 27, 1999. He...
South Eastern Coalfields Ltd. Vs. Horilal and ors.
Court: Madhya Pradesh
Decided on: Sep-24-1999
Reported in: [2000(85)FLR54]; (2000)IIILLJ551MP
C.K. Prasad, J.1. By this writ petition filed under Article 227 of the Constitution of India, petitioner prays for quashing of order dated December 10, 1996 passed by the Labour Court exercising the power under Section 33C(2) of the Industrial Disputes Act whereby it has directed the petitioner to refund the penal rents realised from respondent Nos. 1 to 8 and 10 along with interest at the rate of 12 percent per annum.2. Short facts giving rise to the present writ petition are that respondent Nos. 1 to 8 and 10 (hereinafter referred to as the employees) are the employees of the petitioner (hereinafter referred to as employer) and during the relevant time they were posted at Govinda Colliery. Employees forcibly took possession of the quarters built by employer. Housing committee of the Colliery in its meeting held on December 4, 1997 noted the suggestion of the representative of the Union that from employees who have occupied the house unauthorisedly penal house rent may be realised but...
Dolatram S/O Devaji and ors. Vs. Kishan S/O Gangaram and ors.
Court: Madhya Pradesh
Decided on: Sep-24-1999
Reported in: 1999(2)MPLJ620
ORDERS.P. Khare, J.1.The application of the appellant under Order 22, Rule 9, Civil Procedure Code read with Section 5 of the Limitation Act, 1963 is being decided by this order.2. Respondent No. 1 Kishan died on 27-7-1993 and respondent No. 2 Dayaram died on 8-8-1993 during the pendency of this second appeal. Learned counsel for the other respondents brought it on record by an application submitted on 8-5-1995 regarding the death of the respondents Nos. 1 and 2 on the dates mentioned above. The appellant submitted the application under Order 22, Rule 9, Civil Procedure Code read with Section 5 of the Limitation Act, 1963 on 3-8-1996. Thus there was delay of 15 months from the date it was brought on record the fact of the death of the two respondents. The trial Court also on a direction from this Court recorded a finding in the report dated 30-7-1997 that the appellant had the knowledge of the death of these respondents in the year 1993.3. The appellant amended his original application...
Mohammad Ismil Vs. Mehmooda Khanam
Court: Madhya Pradesh
Decided on: Sep-24-1999
Reported in: 2000(1)MPHT266
ORDERS.P. Khare, J. 1. This is a revision under Section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act) against the order dated 29-9-1997 in case No. A-90 (7)430/89 of the Rent Controlling Authority, Indore, directing the non-applicant to put the applicant in possession of the suit accommodation.2. Mehmooda Khanam is a widow. She is covered by the definition of landlord given in Section 23-J of the Act. The petitioner is tenant in a portion of the house No. 50, Nayapura, Indore. It had been let out to him by the applicant's father-in- law Mohammed Bashir in the year 1952. After his death he left behind three sons. One of them was Abdul Aziz. He was husband of the applicant. He has also died. His two brothers are alive.3. The applicant submitted an application under Section 23-A of the Act before the Rent Controlling Authority. That is a special provision for eviction of tenant on the ground of bonafide requirement. According to the applicant ...
Dolatram and ors. Vs. Kishan and ors.
Court: Madhya Pradesh
Decided on: Sep-24-1999
Reported in: 2000(1)MPHT285
ORDERS.P. Khare, J.1. The application of the appellant under Order 22 Rule 9 C.P.C., read with Section 5 of the Limitation Act, 1963 is being decided by this order.2. Respondents No. 1 Kishan died on 27-7-1993 and respondent No. 2 Dayaram died on 8-8-1993 during the pendency of this second appeal. Learned counsel for the other respondents brought it on record by an application submitted on 8-5-1995 regarding the death of the respondents No. 1 and 2 on the dates mentioned above. The appellant submitted the application under Order 22 Rule 9 C.P.C., read with Section 5 of the Limitation Act, 1963 on 3-8-1996. Thus there was delay of 15 months from the date it was brought on record the fact of the death of the two respondents. The trial Court also on a direction from this Court recorded a finding in the report dated 30-7-1997 that the appellant had the knowledge of the death of these respondents in the year 1993.3. The appellant amended his original application under Order 22 Rule 9 C.P.C,...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »