Madhya Pradesh Court November 2000 Judgments
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Kamla Prasad Chourasiya Vs. PravIn Kumar JaIn and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2000
Reported in: 2001(5)MPHT455
ORDERDipak Misra, J.1. Invoking the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of order dated 31-3-89 contained in Annexure P. 5.2. The facts as have been unfurled are that the petitioner is a Lime Mine Contractor having lime kiln near Bamhani Banjar Distt. Mandla. The non applicant No. 1 used to purchase lime from the petitioner from the petitioner from time to time on credit and used to make payment thereof after some time. As the petitioner and respondent No. 1 had good relations, the respondent No. 1 for the purpose of supplying of lime to some government departments requested the petitioner to sign some papers with a view to submit the tenders which the petitioner did in good faith. In course of business transaction as the respondent No. 1 did not pay the dues of the petitioner for a considerable length of time the petitioner demanded the same. While thi...
Kusumkali and ors. Vs. Shankh Mani and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2000
Reported in: 2002ACJ2052
Bhawani Singh, C.J.1. This appeal is directed against award dated 1.2.1996 of Motor Accidents Claims Tribunal, Sidhi in Claim Case No. 14 of 1990.2. Shankh Mani is the owner of vehicle No. CAA 4044. It met with accident on 13.8.1989. All the passengers including the driver died in the accident. Claimants are wife and children of the deceased Kamleshwar Prasad Tiwari. They have filed the claim stating that on the said day, Kam-leshwar Prasad Tiwari was travelling from Bahri to Mhowganj with Preetu (4). Deceased Kamleshwar Prasad Tiwari was 28 years old at the time of accident working as Electrician Helper getting Rs. 2,500 per month from Dudhichua Colliery, N.C.L., Singrauli, District Sidhi (MP). The family has history of longevity of about 80 years. The deceased used to spend Rs. 500 on himself leaving the rest to the family but the Tribunal has wrongly held that the monthly dependency was Rs. 1,250 and applied multiplier of 9 when evidence on the record justify award of higher amount ...
Chhaya Mishra and ors. Vs. Oriental Insurance Co. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Nov-21-2000
Reported in: 2002ACJ1634
Bhawani Singh, C.J.1. This group of four miscellaneous appeals (Nos. 916, 1007, 1008 and 1016 of 1998) is proposed to be decided by common judgment since they arise out of the same award of Motor Accidents Claims Tribunal, Satna, dated 27.4.1998 arising out of the same accident.2. Briefly, it may be stated that on 21.4.1989, Ramvati Gupta, Manirani Gupta, Bhagwan Gupta and Rajesh Dubey had gone to Maihar for obeisance to the deity. They travelled by car bearing registration No. MUK 67. It was owned by L.P. Dubey and driven by Rajesh Dubey. The accident took place near Raigawan, Police Station Amdara, when the car dashed against a tree. In this accident, Bhagwan Gupta, Ramvati Gupta and Rajesh Dubey died while Manirani Gupta suffered injuries. Claimants filed claim petitions, claiming compensation for the death of deceased while Manirani Gupta filed two claim petitions-one on her own behalf for receiving injuries and the other for the death of her husband Bhagwan Gupta. The allegation i...
Hariom Trading Company Vs. Sales Tax Officer and ors.
Court: Madhya Pradesh
Decided on: Nov-20-2000
Reported in: [2001]122STC526(MP)
ORDERA.M. Sapre, J.1. By filing this petition under Articles 226 and 227 of the Constitution of India, the petitioner has questioned the legality and validity of show cause notice dated October 31, 1991 (annexure P6) issued by the Sales Tax Officer, Circle 7, Indore.2. The show cause notice which is sought to be quashed reads as under :^^vki e/;izns'k lkekU; fo;dj vf/kfu;e] 1958ds v/khu iath;u izdj.k vk;,uMh@7@40@2369@9 ds /kkjd gSA vkids }kjk fuEukuqlkjcdk;k jkf'k tek ugha djk;h xbZ gSA1- fnukad 1-4-87 ls 31-3-88 izkarh; 1]78]480vr% vki fnukad 12-11-91 dks le; 11 cts dk;kZy;fo;dj vf/kdkjh] o`k&7 bUnkSj esa v/kkSgLrk{kjdrkZ ds le{k mifLFkr gksdjdkj.k Li'V djsa fd vkidk iath;u izek.k&i;= vf/kfu;e dh /kkjk1510Mh ds v/khu D;ksa u fujLr dj fn;k tkosA fu;r fnukad dks vuqifLFkrjgus dh fLFkfr esa izdj.k esa ,d i{kh; fu.kZ; fy;k tkosxkA**3. As stated supra, it is this show cause notice which is directly challenged by the petitioner in this writ instead of submitting it by filing a reply. The s...
Gappulal Meena and Others Vs. Gajanand and Others
Court: Madhya Pradesh
Decided on: Nov-17-2000
Reported in: 2001(1)MPHT150
R.B. Dixit, J.1. Feeling aggrieved by the judgment and decree dated 11-10-96, passed inCivil Appeal No. 20-A/89, of Addl. Judge to Distt. Judge, Morena at Sheopurkalan, partially modifying the judgment and decree in Civil SuitNo. 203-A/88, of IInd Civil Judge, Class II, Sheopurkalan, the appellants/plaintiffs have come up in appeal, seeking redress praying for reversal of the impugned judgment and decree.2. The facts in brief shorn of details and necessary for the disposal of this appeal He in a narrow compass. Nabbo Bai had filed the suit for declaration and permanent injunction regarding agricultural land situated in village Bich-gawadi on the ground that she has 1/4th share in the disputed land alongwith defendant No. 3 who also possessed 1/4th share and deceased Narvada was having half share in the property. Narvada had sold half of her share in the disputed property to respondent Nos. 1 and 2, whereupon respondent Nos. 1 and 2 initiated partition proceedings before Tehsildar, Sheo...
Haji Ajaib HussaIn Vs. M/S Aalishan Builders and Others
Court: Madhya Pradesh
Decided on: Nov-17-2000
Reported in: 2001(2)MPHT98
ORDERBhawani Singh, C.J. 1. Civil Suit No. 71-A/99 for eviction and recovery of arrears of rent wasfiled by the appellant/plaintiff against the defendants. It was fixed for evidence of plaintiff on 2-9-1999. Plaintiff (84), who was indisposed due to heart-attack, was advised complete bed rest by his physician Dr. Moiz Hussain. Plaintiff's son was also suffering from blood cancer and was admitted in the hospital during August 23 to August 28, 1999 for chemotherapy treatment and advised bed rest. Junior counsel appeared in the case and intimated the Court that witnesses had not come while senior counsel was ill and sought adjournment which was rejected and the judgment followed for non-appearance of the plaintiff.2. Question is whether a case for setting aside the judgment dated 2-9-1999 is made out on the ground that the plaintiff was ill, so was his son. Senior counsel appearing in the case on behalf of plaintiff suffered heart-attack on account of which he too was absent. Learned coun...
Chairman, M.P.A.K.V. Nigam and ors. Vs. State Industrial Court and ors ...
Court: Madhya Pradesh
Decided on: Nov-17-2000
Reported in: [2001(90)FLR116]; (2002)IVLLJ593MP
Dipak Misra, J.1. Factual matrix and question of law involved being the same the writ petitions are heard analogously and are disposed of by this common order.2. Facts that have been unfolded are that respondent workmen in all cases filed applications before the Presiding Officer, Labour Court, Rewa challenging their order of termination. A singular contention was raised by them that without complying Section 25F of the Industrial Disputes Act, 1947 they have been removed. The petitioners who are functionaries of Audyogic Kendriya Vikas Nigam took stand that M.P. Industrial Relations Act is not applicable; that their services have been terminated as it was no longer required; and that there has been no irregularity in termination. The Labour Court on appreciation of the material came to hold that the petitioners were entitled to benefit under Section 25F of the Industrial Disputes Act and that having not been given, the orders of termination are untenable in law. Feeling aggrieved the ...
State of M.P. and Others Vs. Pradeep Meshram and Others
Court: Madhya Pradesh
Decided on: Nov-17-2000
Reported in: 2001(2)MPHT164; 2001(2)MPLJ315
ORDERBhawani Singh, C.J. 1. These Letters Patent Appeals (Nos. 317,318, 321,322, 323, 324,326 of 2000) are directed against order dated October 19,2000 of the learned Single Judge whereby writ petitions have been allowed and Government decision cancelling negative marking for certain categories of candidates quashed.2. Shortly stated, Pre-Medical Test (PMT) Rules were notified on January 28, 2000. Thereafter, advertisement for PMT was issued on February 8, 2000. The last date for receiving applications from eligible candidates was March 10, 2000, extended with late fee up to March 16, 2000.3. Total seats for MBBS and allied courses are 720 for the six Medical Colleges of the State. They are divided among General Category (308), Scheduled Tribes (129), Scheduled Castes (93). OBC (83) and All India Quota (102).3-A. Result of examination was declared on July 1, 2000. Out of 129 Scheduled Tribes seats, only 34 candidates could qualify leaving 94 seats vacant. Rule 2.3.3 of the Brochure for...
Jagannath and Others Vs. Dharam Jeet
Court: Madhya Pradesh
Decided on: Nov-17-2000
Reported in: 2001(2)MPHT298
ORDERR.B. Dixit, J. 1. The revision has been preferred against order dated 16-3-1998 passed in Misc. Appeal No. 85/95 whereunder order dated 22-8-1995 passed in Civil Suit No. 265-A/95 of Xth Civil Judge, Class II, Gwalior was confirmed.2. Respondent-plaintiff had filed a suit for declaration and permanent injunction against applicants-defendants to the effect that in north side of his house situated in Jagnapura, Gwalior, there is a land adjoining to the house of Sitaram and electric service line of his house is connected from electric pole installed at point 'A' in the annexed map. There is some government land in front of the house of Sitaram through which water is supplied to the plaintiff from the pipe line. In this land at place 'C' and 'D' is situated 'Sulabh-Shauchalaya' (latrine) and septic tank used by the plaintiff. Applicants-defendants are carrying on certain constructions on this open land in such a way that plaintiff has been obstructed in using water pipe line, electric...
M/S Safex India Pvt. Ltd. and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-17-2000
Reported in: 2001(3)MPHT63
ORDERN.K. Jain, J.1. Applicants, Drug Manufacturers having their Factory and Head Officer at Ratlam, are aggrieved by the order dated 22-6-2000 of the IInd Addl. Sessions Judge, Ratlam, passed in Criminal Revision No. 141/1999, whereby the learned ASJ has set aside the order dated 12-7-99 of the Chief Judicial Magistrate, Ratlam, in Criminal Case No. 1547/1986, discharging the accused applicants of the charges under Sections 27A and 27B of the Drugs and Cosmetics Act, 1940 (for short, 'the Act')2. Tersely stated the factual matrix is that on 26-10-1984, a sample of Dextrose Injection was taken by the Drug Inspector, Chandigarh, from a retailer at Chandigarh, The sample was divided in four parts and one such part was sent to Government Analyst for analysis. The report of Government Analyst revealed that the sample contained foreign particles. The vendor of the drug as also the local dealer set up the plea available under Section 19 and further by taking recourse to Section 18A of the Ac...
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