Madhya Pradesh Court October 2000 Judgments
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Ramsingh Vs. Gulab Rani and ors.
Court: Madhya Pradesh
Decided on: Oct-12-2000
Reported in: 2000(4)MPHT442
ORDERA.K. Mishra, J.1. This second appeal has been preferred by the plaintiff. The suit filed by him was decreed by the trial Court for declaration of title and permanent injunction. The suit was filed with respect to agricultural land. First appeal was preferred and the first Appellate Court set aside the judgment and decree passed by the trial Court and the case was remanded to the trial Court allowing the application under Order 6 Rule 17, CPC. Against the said decision of the first Appellate Court, Second Appeal No. 88/91 came to be filed before this Court which was decided on March 7, 1991. The decree passed by the first Appellate Court was set aside and the matter was remanded to first Appellate Court to implead the State of M.P. as a party. It was also directed that compliance of Order 6 Rule 4-A, CPC be also made and appeal may be decided by the first Appellate Court afresh. It appears that thereafter the government was impleaded. However, Order 6 Rule 4-A does not appear to ha...
Sanjay Kumar Dubey Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Oct-12-2000
Reported in: 2000(4)MPHT403
ORDERBhawani Singh, C.J.1. The petitioner has challenged the creation of State of Chhattisgarh by the M.P. State Reorganisation Act, 2000, (for brevity 'Reorganisation Act, 2000'). His submission is that creation of new State be stayed and the Reorganisation Act, 2000, quashed.2. The State of Madhya Pradesh was created by the State Reorganisation Act, 1956, from November 1, 1956. It is the largest State in India and it comprised the old districts of Central Provinces excluding districts of Berar, old State of Madhya Bharat, Vindhya Pradesh and Sironj Sub-Division of Vidisha District, initially forming part of State of Rajasthan. It was created by the Union of India mainly on the report of State Reorganisation Commission, 1955, Chapter VII of which deals specifically with subject 'Smaller States v. Larger States'. The Home Minister Late Shri Vallabh Bhai Patel got abolished the small States and favoured compact bigger States on the basis of norms fixed by the State Reorganisation Commis...
Nathoolal Patel and ors. Vs. Nayak Narendra and anr.
Court: Madhya Pradesh
Decided on: Oct-12-2000
Reported in: 2002ACJ1809
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur, dated 24.1.1997, in Claim Case No. 101 of 1994.2. Accident took place on 9.12.1989 when truck No. 86 D 63 626 N tactical No. 363 hit Ashok Kumar Patel and he died instantaneously. The claimants are father, mother and widow of deceased, who was 23 years old at the time of accident. He was married to claimant No. 3 Sankhibai out of whom she gave birth to a child after the accident. It is submitted that the deceased was first class graduate and was studying B.Ed, course. He was undertaking private tuition earning Rs. 500 per month. Allegation is that the accident took place due to rash and negligent driving of the truck driver otherwise it could not have taken place. This allegation is denied by the respondents. The deceased was responsible for the accident and he could not have earned the income as suggested by the claimants.3. The Tribunal has rejected the defence of respondents...
Chhattisgarh Mines and Minerals Vs. Managing Director and Another
Court: Madhya Pradesh
Decided on: Oct-11-2000
Reported in: 2001(2)MPHT174
ORDERV.K. Agrawal, J. 1. By this petition under Section 11 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as 'Conciliation Act' for short), the petitioner prayed that a sole arbitrator preferably a retired Judge of this Court be appointed to decide the dispute, raised by the petitioner.2. The facts relevant for the decision of this petition stated in brief are:--(i) The petitioner is a partnership firm having its place of business at Raipur. It carries on business relating to mining operation, transport etc. The respondent No. 2 is an undertaking of the Government of Madhya Pradesh and the respondent No. 1 is its Managing Director. A notice inviting tender was issued by the respondents for mining operation, sorting and breaking of 'A' Grade Bauxite from thedemarcated area of village Barima (Mainpat) District Sarguja, and for its transportation to the plant at Korba of Bharat Alluminium Company, at Korba. Offer as above, was accepted by the respondent No. 1 resu...
Chhotelal and Others Vs. Manoj Kumar and Others
Court: Madhya Pradesh
Decided on: Oct-10-2000
Reported in: 2001(2)MPHT105
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Multai, in M.C.C. No. 14/98, dated May 14, 1999.2. Briefly, it may be stated that the accident took place on 4-12-1997 at 12 (noon) when Bhajanlal (deceased) and Ravi were coming from Multaion bicycle. It was being driven by the deceased. Bus No. MKD-7921 hit the cycle from behind resulting in serious injuries to the deceased as a result of which he died instantaneously. The bus was being driven by Punjab Rao and it was insured with respondent No. 3, the New India Insurance Co. Ltd. Consequently, criminal case under Section 279/337/304, IPC was registered and the driver charge-sheeted for these offences.3. At the time of accident, deceased was 28 years old. He was an agriculturist earning Rs. 60,000.00 to Rs. 70,000.00 annually out of agricultural operations. Besides, he was earning Rs. 8,000 to Rs. 9,000.00 per month from the tractor. Claim for Rs. 4,89,500.00 has been preferr...
Khemchand Motilal JaIn Vs. Appellate Authority and anr.
Court: Madhya Pradesh
Decided on: Oct-10-2000
Reported in: (2001)IILLJ1634MP
ORDERR.S. Garg, J.1. This order shall dispose of Misc. Petition No. 987/1990 (Khemchand Motilal Jain v. Appellate Authority under Beedi and Cigar Act and another) and Misc. Petition No. 978/1990 (Khemchand Motilal Jain v. Appellate Authority under Beedi and Cigar Act and another).2. The respondent No. 2 of each petition preferred appeal to the appellate authority andAssistant Labour Commissioner, Sagar Division, Sagar appointed under Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (hereinafter referred to as the Act) inter alia pleading that the present petitioners/employer by playing unfair trade practise terminated their services and as their termination was contrary to the principles of law, therefore, they were entitled to be reinstated with the back wages. The case ofRespondent Kale Khan was registered as Appeal No. 157/1987 while the case of respondent Gul Khai was registered as Appeal No. 37/1988. Each of the employee in his appeal submitted that they were working w...
Pramila Bai and Another Vs. Mustafa Khan and Another
Court: Madhya Pradesh
Decided on: Oct-10-2000
Reported in: 2001(2)MPHT158
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Seoni, in M.C.C. No. 38/94, dated October 28,1996.2. Ashok (8) was the only son of the claimants who are father and mother. On May 25,1994, he was walking on the road side when truck bearing registration No. CPJ-9712, driven by Rafique at excessive speed, caused the accident by crushing Ashok below his waist resulting in his death in Seoni hospital where he was taken for treatment from Barghat. Claimants filed claim petition for the death of Ashok. They claimed compensation of Rs. 6,02,300.00. The allegation is that the accident took place due to rash and negligent driving by the truck driver, otherwise it would not have taken place. Deceased was their only child on whom they could depend in future and due to vasectomy operation, there is no possibility of child birth. Due to the death of Ashok, they suffered serious mental pain.3. Respondents have denied the claim and other statem...
Oriental Insurance Company Limited, Itarsi Vs. Smt. Susheela Bai and O ...
Court: Madhya Pradesh
Decided on: Oct-09-2000
Reported in: 2001(2)MPHT96
ORDERBhawani Singh, C.J. 1. The only question for determination in this case was whether thedeceased was conductor in the vehicle in question or was a fare payingpassenger or a gratituous passenger. The Tribunal has come to the conclusionthat he was not conductor. Responsibility for payment of compensation hasbeen held to be that of the appellant obviously on the ground that he was agratuituous passenger, as evidence in the case does not suggest payment offare by him. In this situation, Apex Court decision in 2000(2) M.P.H.T. 340 =AIR 2000 SC 235, New India Assurance Company Limited v. Satpal Singhapplies. The quantum of compensation cannot be assailed by the appellant inthe absence of permission from the Tribunal under Section 170 of the MotorVehicles Act, 1988. Consequently, there is no merit in the appeal. The sameis dismissed.2. Shri Ruprah prays for and is allowed two months' time for making the payment.3. Certified copy be supplied....
Jawarharlal Nehru Krishi Vishwa Vidyalaya and ors. Vs. Presiding Offic ...
Court: Madhya Pradesh
Decided on: Oct-09-2000
Reported in: (2002)IVLLJ602MP
ORDERR.S. Garg, J.1. By this petition under Article 227 of the Constitution of India, the petitioners seek to challenge the legality, validity, correctness and propriety of the award (Annexure P-1) dated June 22, 1999 granted by the Labour Court, Rewa in case No. 24/1. D. Act/98/Reference under which the petitioners have been directed to reinstate the respondent No. 2 in services with 50% of the back wages.2. The petitioners submit that petitioner No. 1 is a University established under the Madhya Pradesh Jawaharlal Nehru Krishi Vishwavidyalaya Adhiniyam, 1963 and the petitioner No. 2 is the Principal of the Agriculture College, Rewa. The object of the petitioner University as stated is to provide education in agriculture and other allied sciences, so also research in agriculture and allied sciences which include field extension programme and such other research activities. According to the petitioners the University is required to carry out agricultural operations and development of f...
Princess Usha Trust Vs. Income Tax Officer and ors.
Court: Madhya Pradesh
Decided on: Oct-09-2000
Reported in: (2001)164CTR(MP)381
ORDERA.M. Sapre, J.By this petition, filed under articles 226 and 227 of Constitution of India the petitioner, an assessee under the Income Tax Act, claims following reliefs for the assessment years 1973-74 and 1974-75 :'An appropriate writ, direction or order be issued against the respondents No. 1, 2 and 4 directing them to delete interest amounting to Rs. 1,04,471 for assessment year 1973-74 and Rs. 2,56,623 for assessment year 1974-75 ;(b) The respondents No. 2 and 4 be restrained by an appropriate writ, direction or order from levying interest under section 220(2) of the Income Tax Act, wherever refund is already due to the petitioner under any other Act if the demand is posterior to such refunds.'2. In short the petitioner claimed that the demand of interest made by Income Tax Officer amounting to Rs. 1,04,471 for the year 1973-74 and Rs. 2,56,623 for the assessment year 1974-75 be either deleted or it be adjusted against the huge refund which he has to claim from the department ...
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