Madhya Pradesh Court January 2000 Judgments
Yusuf Khan Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Jan-31-2000
Reported in: (2000)IILLJ576MP; 2000(2)MPHT49; 2000(2)MPLJ89
ORDERS.P. Srivastava, J.1. Heard Shri Jitendra Maheshwari, learned Counsel for the appellant.2. Perused the record.3. The appellant who had been reinstated in service holding him entitled to the back wages for the period subsequent to December 21, 1990 by the Labour Court which was affirmed in appeal by the Industrial Court, feels aggrieved by the order of the learned single Judge allowing the writ petition filed by the employer, the present respondent Nos. 1, 2 and 3 vide the impugned order whereunder quashing the orders of the Labour Court and the Industrial Court, the application filed by the present appellant before the Labour Court was dismissed. The appellant has prayed for the reversal of the impugned order.4. The facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass: The appellant had approached the Labour Court by means of the application dated February 11, 1991 seeking a declaration that the action of the employer dispensing wit...
Tag this Judgment!Rafik Shah Vs. Farida Bi
Court: Madhya Pradesh
Decided on: Jan-31-2000
Reported in: II(2000)DMC115
ORDERShambhoo Singh, J. 1. This petition under Section 482 of the Cr. P.C. is directed by the petitioner non-applicant husband against the order dated 25.3.1997 passed by C.J.M., Ratlam in M.J.C. No. 30/95 whereby his application dated 28.10.1996 was dismissed.2. The facts of the case, in brief, are that the respondent/applicant Farida Bi (wrongly typed as Faniha Bi) was married to the petitioner on 14.4.1993. On 17.7.1996, the respondent filed an application under Section 125 of the Cr.P.C. for grant of maintenance allowance against the petitioner in the Court of C.J.M., Ratlam. On 2b.10.1996 the petitioner made an application that he had divorced the respondent on 2.9.1996, therefore, in view of the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act'), her application under Section 125, Cr.P.C. was not maintainable. Learned C J.M. after hearing both ' parties passed the impugned order on 25.3.1997 and held that the respondent was not divorc...
Tag this Judgment!Western Coalfields Ltd. Vs. Controlling Authority and ors.
Court: Madhya Pradesh
Decided on: Jan-29-2000
Reported in: [2000(86)FLR312]; (2000)IILLJ965MP; 2000(3)MPHT219; 2000(3)MPLJ63
Dipak Misra, J. 1. Invoking the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India the petitioner has called in question the defensibility of the order dated October 20, 1995 passed in Appeal No. 8/95 by the Regional Labour Commissioner (Central), Jabalpur respondent No. 2 herein, and prayed for issue of a writ in the nature of certiorari for quashment of the same.2. The facts as have been ascertained are that the respondent No. 3 filed an application under Section 7(3) of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') before the Controlling Authority under the Act, respondent No. 1 herein, claiming differential amount of gratuity. The said authority on consideration of the material on record and after appreciating the stand of the petitioner allowed the differential amount by order dated January 25, 1995. The said order has been brought on record as Annexure A-2. Being dissatisfied with the aforesaid order the petitioner p...
Tag this Judgment!Badri Narayan Vs. Savitri
Court: Madhya Pradesh
Decided on: Jan-29-2000
Reported in: II(2000)DMC552
V.K. Agarwal, J.1. This appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act' for short), is directed against the judgment dated 4.12.1996 in Civil Suit No. 83-A/95, by Vth ADJ Rewa, whereby the petition of the husband/appellant under Section 13 of the 'Act', praying for decree of divorce against his wife-the respondent, was dismissed.2. Undisputably the marriage between the parties took place on 9.2.1985 at village Rajarwara according to Hindu rites and customs. The respondent/wife after marriage resided at her matrimonial home for sometime, and thereafter went back to her parents' house. In 1986 after 'Gauna' ceremony she came back to her matrimonial home.3. The appellant/husband averred that his wife did not permit him to have marital relations with her on the pretext that she was not well. It was further averred that the respondent used to misbehave and threaten that she would commit suicide by self immolation or jumping into the well. On 15.4.19...
Tag this Judgment!Sanjay Kumar JaIn Vs. Ms. Maya Jain
Court: Madhya Pradesh
Decided on: Jan-28-2000
Reported in: II(2000)DMC766
ORDERR.S. Garg, J.1. In a suit filed by the husband against the wife seeking a decree of divorce, the wife made an application under Section 24 of Hindu Marriage Act, 1955 for grant of maintenance and litigation expenses. The matter was contested by the husband and he inter alia pleaded that his carry home salary was about Rs. 5-6 thousand, therefore, the wife is not entitled to any maintenance. The parties joined the enquiry. After hearing the parties, the learned Trial Court granted a sum of Rs. 3,000/- towards the litigation expenses and also allowed the maintenance at the rate of Rs. 3,000/- per month. Being aggrieved by the said order, the husband has filed this revision petition.2. I have heard the parties at length.3. From the salary certificate filed at Annexure A/3, it would appear that the gross earning of the husband was Rs. 15,916/- and his carry home salary was Rs. 7,965 / -. On a close scrutiny both these figures would appear to be deceptive. The gross salary includes a s...
Tag this Judgment!Manna and ors. Vs. Shantilal and anr.
Court: Madhya Pradesh
Decided on: Jan-28-2000
Reported in: I(2000)ACC594
ORDERA.M. Sapre, J.1. This appeal is under Section 173 of Motor Vehicles Act against an award dated 21.7.1995 rendered by 1st M.A.C.T., Indore in Claim Case No. 58/79. By this appeal the claimant inter alia wants more compensation than the one awarded by the learned Member of M.A.C.T. for the death of Shankar. They also claim joint and several award against all the respondents.2. In short the case of the appellants was that they filed a claim petition on 24.3.1979 claiming compensation of Rs. 2 lakhs for the death of Shankar who was husband of appellant No. 1 (claimant No. 1) and father of appellants Nos. 2 to 7 (claimant Nos. 2 to 7), who died in an accident on 6.10.1978. It so happened that Shankar who was travelling in Truck No. M.P.L. 3955 on the fateful day while getting down from the truck was crushed and succumbed to injuries. According to claimant the deceased was a young man entitled for reasonable compensation.3. It appears from the record of the case that the claim petition ...
Tag this Judgment!Punjab National Bank Vs. Laxmichand Rai and ors.
Court: Madhya Pradesh
Decided on: Jan-27-2000
Reported in: AIR2000MP301; 2000(2)MPHT25; 2000(3)MPLJ232
D.P.S. Chauhan, Ag. C.J.1. ThePunjab National Bank filed a suit (C.S. No. 15-A/87), in the Court of Additional District Judge, Seoni, against six defendants for recovery of an amount of Rs. 1,00,949.50 paise on account of loan advanced to them on 13-10-1980.2. A written statement was filed by the defendants denying the plaint allegations. However, on 17-4-1988 the matter was referred to the Lok Adalat constituted under the Legal Services Authorities Act, 1987. The plaintiff and the defendants agreed to the reference on specific condition that the entire claim be decreed and in regard to the interest pendente lite and instalments, the matter was left to the discretion of the Lok Adalat. The statement of Manager of the plaintiff-Bank K. K. Awasthi (P.W.1) was recorded, who stated that the Bank would agree with the compromise provided the entire claim is decreed with pendente lite interest. The compromise arrived at before the Lok Adalat contains the signature of Shri K. K. Awasthi, Bank ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Jayawanti Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-27-2000
Reported in: 2002ACJ649
D.P.S. Chauhan, Actg. C.J.1. The order in this appeal shall govern the disposal of Misc. Appeal No. 49 of 1998 (National Insurance Co. Ltd. v. Maganlal Sonkar) and Misc. Appeal No. 56 of 1998 (National Insurance Co. Ltd. v. Phagni Bai), which are decided by this composite order. Insurance company has come up in appeal challenging the awards dated 29.9.1997 passed in Claim Case Nos. 123, 124 and 125 of 1991.2. On 30.9.1990 near about 20-25 persons were going in truck No. MPS 6389, which was duly insured with the appellant company, for immersion of idol of Goddess Durga from Thagranahar towards Padampur in Durg. The truck was owned by J.J. Jaiswal and was being driven by Manbodh. At about 6 p.m. when the truck reached near Uthai unmanned railway crossing, the driver of the truck in spite of being given advice not to cross the railway crossing, drove the vehicle as a result of which, while the vehicle was crossing railway gate, the speedy passenger train dashed it at the rear portion resu...
Tag this Judgment!Bhagwandas Jain, Vs. Deputy Commissioner of Wealth-tax and anr.
Court: Madhya Pradesh
Decided on: Jan-25-2000
Reported in: [2000]246ITR632(MP)
S.K. Kulshrestha, J.1. The petitioners in the above writ petitions are partners in the firm, Bhagwandas Shobhalal Jain, Sagar, and have challenged the notices issued to them under Section 17 of the Wealth-tax Act, 1957, on similar facts and grounds. All these petitions are, therefore, being disposed of by this common order.2. The petitioners in M. P. No. 2637 of 1988 and M. P. No. 2671 of 1988 were assessed to wealth-tax for the assessment years 1979-80, 1980-81 and 1981-82, in respect of their share of property in the firm. The assessment was made by the Inspecting Assistant Commissioner of Wealth-tax (Assessment) (presently designated as Deputy Commissioner of Wealth-tax (Assessment)), and certain additions in the valuation of the assets were made and assessment orders annexures A, A-1 and A-2 were passed. Against the said additions, the petitioners had filed appeals before the Commissioner of Wealth-tax (Appeals), Jabalpur, who confirmed the additions by orders annexures B, B-l and ...
Tag this Judgment!Satyabhan Singh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-25-2000
Reported in: II(2000)DMC397
D.P.S. Chauhan, Ag.C.J. 1. The appellants-Satyabhan Singh and Smt. Sushila Singh were convicted in Sessions Trial No. 78/88, by. the End Additional Sessions Judge, Rewa, vide judgment and order dated 30.6.1989, whereby they were convicted for commission of offence punishable under Section 498A of the Indian Penal Code and the appellant No. 1-Satyabhan Singh was sentenced to two years' rigorous imprisonment together with fine of Rs. 500/-, and in default of payment of fine, he was required to undergo six months' rigorous imprisonment and the appellant No. 2-Smt. Sushila Singh was sentenced to undergo one year rigorous imprisonment together with a fine of Rs. 1,000/-, and in default of payment of fine, she was required to undergo rigorous imprisonment for six months. Aggrieved from their conviction and sentence, the appellants preferred appeal before this Court which has come up for final hearing.2. Both the appellants were charged that the accused Satyabhan Singh being the husband of th...
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