Madhya Pradesh Court March 2000 Judgments
Rajendrasingh and ors. Vs. Nandram and ors.
Court: Madhya Pradesh
Decided on: Mar-08-2000
Reported in: 2000(3)MPHT110
ORDERJ.G. Chitre, J.1. The District Judge, Dhar by the order dated 7-2-2000 admitted the civil appeal filed by the petitioners for final hearing, however, turned down the prayer for giving a direction to the parties to maintain the status quo. And that order is being assailed by this petition.2. Shri Kutumble, submitted that when the appeal was admitted for final hearing it indirectly indicated that the District Judge, Dhar formed the opinion that the case of the petitioners was arguable and deserving to be finally decided though it was revolving around the order of temporary injunction which was being assailed by that appeal. Shri Kutumble submitted that when that was so, it was totally illegal for the learned Judge to refuse the prayer for status quo by pointing out the only reason that provisions of Order 41 Rule 5, CPC were not applicable.3. Countering to that, Shri M.L. Agrawal, placed reliance on the judgment of this Court, a Single Bench judgment in the matter of Vasant Diwakar ...
Tag this Judgment!M.P. State Road Transport Corporation Vs. Rambagas and anr.
Court: Madhya Pradesh
Decided on: Mar-08-2000
Reported in: 2000(4)MPHT102
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated 12-8-1991 passed by Motor Accidents Claims Tribunal, Narsinghpur in Claim Case No. 3 of 1987.2. On 23-8-1986 at about 5.45 p.m., respondent No. 2 Abdul Wahid Qureshi (driver) came with Bus No. CPH 8865 towards southern gate of the Motor Stand driving the vehicle in a rash and negligent manner as per claimant who was purchasing vegetables in front of bus stand at that time. The bus dashed against him and he sustained fracture on right hand and underwent treatment at Narsinghpur and Jabalpur.3. Claimant was carpenter and was earning Rs. 40.00 per day. Due to accident, he became handicapped and could not work; therefore, a claim for compensation in the sum of Rs. 3,80,000.00 is made by him against the appellant-Corporation. The Corporation denied the allegation and submitted that the claimant was not earning to the extent stated by him. This apart, the age of the claimant is said to be 37 years at the time of accid...
Tag this Judgment!Lakme Ltd. Vs. Plethic Pharmaceuticals Ltd. and ors.
Court: Madhya Pradesh
Decided on: Mar-07-2000
Reported in: 2000(3)MPHT249; 2000(2)MPLJ35
ORDERJ.G. Chitre, J.1. The service of notice of hearing of this revision petition has been dispensed with so far other respondents are concerned as they are arbitrators.2. This revision revolves around subtle point which needs to be decided by this Court not for the purpose of solving the controversy between contesting litigants but for the purpose of regulating a procedural course for guidance of subordinate Courts for dealing with such matters which may come before them in future.3. The cause started when the ball of thinking started rolling by the Order passed by the 1st Addl. District Judge, Indore by his Order dated 18-9-99. On that date the senior advocate appearing for petitioner Shri Bagdia, made a proposal that the trial Court should formulate the points for determination and thereafter may take a decision whether the parties should adduce oral evidence or evidence by way of affidavits. The said proposal was opposed by the counsel appearing for respondent No. 1 by making a sub...
Tag this Judgment!Balram Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-07-2000
Reported in: 2000(4)MPHT39
A.K. Misra, J.1. The appellant who was a responsible police officer, was holding post of Circle Inspector in the police department of Government of M.P. He has been convicted for committing rape on Shyam Bai prosecutrix, under Sections 376, 366 and 342 IPC and sentenced to undergo R.I. for a period of five years under Section 376B, under Section 366 to undergo R.I. for 3 years, under Section 342 to undergo R.I. for 3 months.2. The incident took place on 2nd April, 86 and at the relevant time appellant Balram Kusre was posted as Circle Inspector at Balod, District Durg. Accused Balram Kusre was residing in the house of Ratanlal situated near the petrol pump. As per the prosecution case, on 2-4-1986 in the night at about 10:30 p.m. few persons of Tikrapara, Balod found prosecutrix Mst. Shyam Bai and one Roopram in suspicious condition in the house of one Meena Bai. They both were brought to the police station and were placed in the custody of police. Incharge of police station Balod regi...
Tag this Judgment!Smt. Leela Vs. Gopal Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-06-2000
Reported in: 2000(3)MPHT449
ORDERJ.G. Chitre, J.1. Shri B.K. Joshi counsel appearing for petitioner submitted that when the witness has signed on the agreement by which the adversary has contracted to sell the property, have been served with summons, but even then they have not attended the Court. He pointed out that learned trial Judge in view of the situation is asking the petitioner to serve the warrant on those witnesses for signatories to the agreement in question. He further submitted that according to the knowledge of the petitioner they seem to have joined the hands with the adversory and, therefore, it would not be possible for petitioner to serve the bailable warrants on them. He submitted that Court should have taken the action on its own and as it has not been done, this Court be pleased to pass appropriate Order in the interest of justice. After perusing the Order under challenge, it is quite clear that the trial Judge is of the opinion that when the witnesses are not attending the Court in response ...
Tag this Judgment!Ku. Varsha Shrivastava, Etc. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-03-2000
Reported in: AIR2000MP219; 2000(3)MPHT292; 2000(1)MPLJ615
1. These appeals are being decided by this common judgment/order.The appellants are hereby impugning the order which has been passed by learned single Judge of this Court on 17-1-2000 whereby learned Judge dismissed the writ petitions filed by these appellants.2. The appellants are taking the exception to the judgment and order passed by learned single Judge on brief grounds like non-consideration of the relevant provisions around which the admissions of the students revolved. It has been also contended that learned single Judge committed the error in interpreting the relevant Rules made for admitting the students to the 1st year of B.E./B. Arch. The exception has also been taken to the Judgment and order passed by the learned single Judge by criticising it on the ground that learned Judge has not considered that there Has been infringement of the fundamental rights of the appellants so far as Articles 14 and 21 of the Indian Constitution is concerned.3. Appellants Ku, Varsha Shrivasta...
Tag this Judgment!Union of India and Another Vs. Shri Gopal Kar and Others
Court: Madhya Pradesh
Decided on: Mar-03-2000
Reported in: 2001(2)MPHT37
ORDERA.K. Mishra, J. 1. Union of India has filed the present writ petition against an order passed by the Central Administrative Tribunal, Jabalpur. The Tribunal relying upon the decision of the Supreme Court in case of Union of India and others v. Shri Purnendu Mukhopadhyay and others, has ordered fixation of notional seniority and other benefits to the respondent Nos. 1 to 4 as Chargeman Grade II. Respondent Nos. 1 to 4 had appeared in the examination for Chargeman Grade II as they obtained 5% less marks in the aggregate. They were graded as Supervisor Grade A and were subsequently promoted as Chargeman Grade II on passing of the examination.2. It may be seen that all the respondents had obtained in the initial examination 5% less marks in the aggregate than prescribed for valuation as Chargeman Grade II. Hence, they were not classified as Chargeman Grade II and graded as Supervisor Grade A. Similar dispute arose in case of Shri Purnendu Mukhopadhyay (supra). In the said case, the ap...
Tag this Judgment!Shri Ganga Narayan Mishra Vs. State Bank of India and Others
Court: Madhya Pradesh
Decided on: Mar-03-2000
Reported in: 2001(2)MPHT107
ORDERC.K. Prasad, J.1. The menace and difficulty in recovery of loan and enforcement of securities, charged with the banks and financial institutions came to the notice of the law makers. It was felt that the existing procedure for recovery of debts due to banks and Financial institutions has blocked a significant portion of their funds in unproductive assets. On a survey it was found that on 30-9-1990 more than fifteen lakhs of cases filed by the public sector banks and about 304 casesfiled by financial institutions were pending in various Courts in which recovery of more than Rs. 5622 crores in dues of public sector banks and about Rs. 391 crores of dues of the financial institutions were involved. Law makers thought that the locking of such a huge public amount in litigation prevents proper utilisation and recycling of the funds for the development of the country. In order to provide adjudication and recovery of debts due to the banks and financial institutions, Parliament enacted t...
Tag this Judgment!Dr. Mrunalinidevi Vs. Assistant Commissioner of Wealth-tax and ors.
Court: Madhya Pradesh
Decided on: Mar-02-2000
Reported in: [2000]246ITR90(MP)
N. K. Jain, J.1. This is a petition by an assessee filed under Article 226/ 227 of the Constitution of India seeking issuance of appropriate writ for quashing four notices dated March 23, 1987, (annexures-I, J, K and L), issued by the Assistant Commissioner of Wealth-tax, Indore (respondent No. 1), under Section 17 of the Wealth-tax Act, 1957 (for short, 'the Act').2. It may be noted at the outset that the petitioner-assessee has in response to the said notices filed the returns for the said reassessment undertaken by respondent No. 1, under Section 17(1)(a) of the Act. During those reassessment proceedings an application was filed by the petitioner seeking disclosure of the reasons for which the reassessment was being undertaken by the assessing authority. In reply to the said application, the assessing authority issued a memo dated March 2, 1989 (annexure-R) stating that the reason being the assessment order for the year 1982-83 according to which it had come to notice that certain w...
Tag this Judgment!Zafar HussaIn Siddique Vs. Principal, Safia College and anr.
Court: Madhya Pradesh
Decided on: Mar-02-2000
Reported in: 2000(3)MPHT287
S.C. Pandey, J.1. This appeal, under Section 100 of the Code of Civil Procedure, is directed against the judgment and decree dated 3-7-1996 in Civil Appeal No. 34-A/96 passed by 7th Additional Judge to the Court of District Judge, Bhopal arising out of judgment and decree dated 2-4-1996 in Civil Suit No. 30-A/91 passed by 1st Civil Judge Class II, Bhopal.2. The appellant-plaintiff Zafar Hussain Siddique was appointed as a Lecturer of Botany in Safia College, Bhopal in the year 1971. He was granted leave without payment to proceed to Nigeria on condition between the period from 5-9-1981 to 4-9-1983 for taking there job. The condition precedent, however, was that on his return, the appellant shall contribute Rs, 5,000/-towards the development of the Safia College, Bhopal, where he was working. The Safia College was being run by the Safia Education Society, Bhopai-respondent No. 2. It is also not disputed that the respondent No. 2 receives grant from the State Government and was covered b...
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