Madhya Pradesh Court November 2000 Judgments
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Jayant Vitamins Ltd. Vs. Employees' State Insurance Corporation and An ...
Court: Madhya Pradesh
Decided on: Nov-16-2000
Reported in: [2001(88)FLR713]; (2001)ILLJ1323MP
A.M. Sapre, J.1. The challenge in this petition filed under Articles 226 and 227 of the Constitution of India by the petitioner is to a letter dated April 15, 1987 (Annexure A), notice dated September 13, 1989 (Annexure B), letter dated April 2, 1990 (Annexure C), demand dated April 5, 1991 (Annexure D) and R.R.C. dated December 11, 1990 (Annexures E and F). These demands are raised under the provisions of the Employees' State Insurance Act (1948). Facts in brief that led to riling of this writ need mention.2. The petitioner a Limited Company has their one factory at Industrial Area in Ratlam as defined under Section 2(12) of the Employees' State Insurance Act (for short called ESI Act), whereas, the petitioner falls in the definition of Principal Employer as defined under Section 2(17) ibid. In other words, the petitioner is liable to comply with the provisions of the ESI Act for the employees working in their factory.3. On April 15, 1987, by Annexure A, the respondent (ESI Authoritie...
Jaswant Singh and Others Vs. Chief Municipal Officer and Others
Court: Madhya Pradesh
Decided on: Nov-15-2000
Reported in: 2001(1)MPHT146; 2001(2)MPLJ138
R.B. Dixit, J. 1. The appellants had filed a Civil Suit No. 44-A/86, in the Court of IIIrd Civil Judge, Class II, Bhind for declaration of title and permanent injunction on the ground that he is in adverse possession of the disputed land and also on the strength of a lease deed, granted by erstwhile Gram Panchayat of village in his favour. The respondent contested the suit on the ground that the disputed land is a Govt. land and therefore, the Panchayat had no right to transfer the land in favour of appellants. The suit was dismissed by judgment dated 9-1-92, by the Trial Court against which, a Civil Appeal No. 18-A/92 was filed which was also decided by the impugned order.2. This second appeal has been admitted on the following substantial question of law:(i) Whether, the plaintiffs who are in possession of the suit property can on their strength of possession, resist interference from the defendant who has no better title than the plaintiff ?3. Before adverting to consider substantia...
Dr. Shyam Babu Mundhra Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Nov-15-2000
Reported in: 2001(1)MPHT457
ORDERThe Court 1. Heard.2. Perused the record.3. The petitioner feels aggrieved by the order passed by the respondent-Tribunal whereunder dismissing his claim it has been held that he was entitled to the seniority from the date of the regularisation of his service and not from the date of his initial appointment.4. The petitioner had been granted the appointment on 12-3-1975, on a purely temporary basis on the post of Lecturer in Anaesthesia for a period of 6 months or till the availability of a candidate from the Public Service Commission whichever was earlier and posted as Lecturer in the Medical College, Indore. The duration of the period of appointment of the petitioner was extended from time to time and ultimately, the said appointment was regularised under the provisions of the Madhya Pradesh Regularisation of Ad hoc Appointment Rules, 1986. This regularisation of the appointment was granted vide the order dated 4-4-1987.5. Under the aforesaid rules, the regularisation granted th...
Manish Tiwari Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-15-2000
Reported in: 2001(5)MPHT561
ORDERS.C. Pandey, J.1. This revision is directed against the order dated 21-7-2000 passed by the Additional Sessions Judge as well as Special Judge (NDPS) Jabalpur in Sessions Trial No. 179/2000.2. The prosecution case against the applicant is that by his action he instigated Ku. Pooja Jain to commit suicide and thereby committed an offence punishable under Section 306 of Indian Penal Code. It is alleged in the F.I.R. that the applicant was on visiting terms with the family of the deceased who resided at Bargi Hills, Jabalpur. At the time of incident, the deceased Pooja was living with her mother Smt. Indira Jain and brother Sanjay Jain. The applicant took advantage of his familiarity with the members of the family of the deceased and began to harass Ku. Pooja Jain with an intention of having illicit relations with her. It is further alleged, that just prior to the date of incident, finding Pooja alone in her house at Bargi Hills, the applicant threatened her to sign an affidavit and a...
Maya Devi and Others Vs. Shankarlal Rajak
Court: Madhya Pradesh
Decided on: Nov-14-2000
Reported in: 2001(2)MPHT195; 2001(2)MPLJ23
ORDERS.C. Pandey, J. 1. This revision is directed against the order dated 24-11-95 passed by the Judicial Magistrate, 1st Class, Jabalpur in MJC No. 443/95. 2. Applicant No, 1 Maya Devi and her two daughters namely, Ku. Goldi and Ku. Pooja had filed an application for grant of maintenance under Section 125 of the Code of Criminal Procedure, 1973 (henceforth the Code)in Criminal Case No. 23/88 which was allowed. Applicant No. 1 was granted maintenance at the rate of Rs. 200/- per month and so far as applicant Nos. 2 and 3 are concerned, they were granted maintenance at the rate of Rs. 100/-each per month by order dated 5-1-91. Thereafter an application was made on 26-4-95 for recovery of the amount alleging that from April, 93 onwards the amount has not been paid.3. The respondent inter alia raised an objection to the effect that in view of Section 125(3) of the Code recovery of amount should he confined to one year prior to Filing of the application. The rest of the amount stood time b...
Ramesh and anr. Vs. Raju Sharma and ors.
Court: Madhya Pradesh
Decided on: Nov-14-2000
Reported in: I(2001)ACC611; 2002ACJ1373
Shambhoo Singh, J.1. The claimants have filed this appeal for enhancement of compensation amount awarded in Claim Case No. 15 of 1997 vide award dated 16.7.1997 passed by III Addl. M.A.C.T., Dhar.2. The case of the claimants was that on 12.8.1996 their son Himmat Singh, aged about 14 years, a student of VIII class, was going on cycle to his school in Dhamnod from Sanjay Nagar. The respondent No. 1 came from opposite direction driving truck No. MP 09/D-5225 belonging to respondent No. 2 and insured with respondent No. 3 in a rash and negligent manner and dashed against Himmat Singh, as a result of which he died on the spot. The deceased was also earning member of the family. He used to sit in the grocery shop of his father and earn Rs. 100 per day. The claimants filed claim case seeking compensation of Rs. 8,00,000. The respondent Nos. 1 and 2 proceeded exparte. The respondent No.3 resisted the claim. The Tribunal on appreciation of evidence held that respondent No. 1 drove the truck No...
Raj Kumar Dawar and Another Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Nov-13-2000
Reported in: AIR2001MP157; 2001(1)MPHT464
ORDERS.S. Jha, J.1. In the petition the petitioners have challenged enhancement of fees for keeping the vehicle within the limits of Nagar Panchayat, Mungaoli, District Guna. The tax is levied upon the buses carrying on the passengers, trucks carrying on the goods and tractors and trollies.2. Counsel for the petitioners submitted that the fee cannot be enhanced unless the bye-laws framed under Section 357 of Madhya Pradesh Municipalities Act (hereinafter referred to as the 'Act') are amended. Learned counsel submitted that Section 358 of the Act provides for framing of bye-laws. The bye-laws have been framed and have been published in Madhya Pradesh Gazette dated 12th January, 1980. The bye-laws are known as 'Mungaoli Municipality Temporary Occupation of Streets and Public Places, Bye-laws, 1980' (hereinafter referred to as the 'Bye-laws'). Rule 4 of the bye-laws provides that no person shall use or occupy any public street or place or immovable property vested in or under the control ...
Sunderlal JaIn and ors. Vs. Union of India and anr.
Court: Madhya Pradesh
Decided on: Nov-08-2000
Reported in: [2001]249ITR588(MP)
A.M. Sapre, J. 1. In this petition, filed under Articles 226 and 227 of the Constitution of India, the challenge is to a notice issued under Clause 148 of the Income-tax Act, 1961, dated March 23, 1989 (annexure J), by the Income-tax Officer to the petitioners for the assessment year 1984-85. 2. The challenge to the notice under Clause 148 ibid is, inter alia, on the ground that issuing of notice to an association of persons is bad, that it does not record any reasons, that it is issued without application of mind, that assuming some reasons are recorded before issuance of notice then the same are bad, irrelevant and contrary to the facts and constitutes legal malice. The petitioners then set out several factual pleadings as to what was the constitution of their firm, how it was dissolved, etc., to show that issuance of notice under Clause 148 of the Act is bad in law and hence deserves to be quashed. 3. In support of the petition, the petitioner has filed certain documents such as cop...
Kirloskar Brothers Limited and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-07-2000
Reported in: 2001(75)ECC250; 2001(5)MPHT519
ORDERA.M. Sapre, J.1. Petitioner, a limited company, has filed this writ under Articles 226 and 227 of Constitution of India, claiming following relief by way of issuance of writ of mandamus against the respondents:-'The petitioner be awarded interest at the rate of 18% p.a. on amounts illegally realised from the date of realisation till date of repayment. Interest be also awarded on the quntified amount of interest of Rs. 1,376,77,570=70 ps at the rate of 18% from December 1984 till the date of payment thereof.The Non petitioners be directed to pay the aforesaid amounts to petitioner within a reasonably stipulated period by issuance of a suitable writ, order or direction.'2. In substance, the petition is for claiming interest on delayed payment of excise duty refunded by the respondents to petitioner. This relief is founded on the allegation that the petitioner - a limited company, is engaged in the business of manufacturing of monoblock pumps. According to petitioner, they filed a cl...
Koshalyabai and Others Vs. Lachchhoo Devilal and Others
Court: Madhya Pradesh
Decided on: Nov-03-2000
Reported in: 2001(2)MPHT93
Shambhoo Singh, J. 1. This appeal is directed by the claimants for enhancement of compensation amount granted by the award dated 10-3-1999 passed by 14th Member, M.A.C.T. Indore in Claim Case No. 37/93.2. The claimants' case, in brief, was that on 30-3-1993, 30 years old Parwat Singh, husband of appellant No. 1 and father of appellant Nos. 2 to 4, was going on his cycle at Dhar Road, Indore. At about 7 p.m. the respondent No. 1 came from opposite direction driving truck No. C.I.O.9326, belonging to respondent No. 2 and insured with respondent No. 3, in rash and negligent manner and dashed against him, as a result of which he sustained injuries. He was admitted in M.Y. Hospital, Indore where he died on the same day. He was earning Rs. 2,500/- per month as a salesman. The appellants filed claim application seeking compensation of Rs. 3,41,000/-. The respondents resisted the claim and pleaded that the deceased had consumed liquor and he fell down from his cycle and sustained injuries. The...
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