Madhya Pradesh Court April 2000 Judgments
Hindustan Copper Limited Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-28-2000
Reported in: AIR2001MP29; 2000(3)MPHT496
ORDERArnjn Mishra, J. 1. The appellant filed W.P. No. 3253/99 before this Court and the learned single Judge by order dated 20-1 -2000 allowed the petition and writ was issued quashing the resolution passed by the respondent No. 2, Municipal Council holding that it was not open to the Municipal Council to charge terminal tax beyond the rate prescribed by the Government under the rules. The rate prescribed was 0.10% whereas by resolution of respondent No. 2, tax was imposed at the rate of 0.50% which was quashed. It was held that the Municipal Council shall be free to revise the demands in accordance with the rates prescribed by the circular and shall give due credit of the amount already deposited by the appellant in this behalf. 2. The appellant/petitioner is still aggrieved as the entire recovery has not been quashed. According to the appellant, the Municipal Council is not competent to imposed terminal tax on transportation of copper concentrate. 3. The petitioner came to the Court ...
Tag this Judgment!M.P. State Warehousing Corporation Vs. Govardhanlal Choudaha and anr.
Court: Madhya Pradesh
Decided on: Apr-28-2000
Reported in: [2001(91)FLR1077]; (2002)IVLLJ727MP; 2000(3)MPHT133
ORDERArun Mishra, J.1. The present L.P.A. has been filed by the M.P. State Warehousing Corporation aggrieved by the order dated December 14, 1999 passed by the learned single Judge allowing the writ petition of the respondent No. 1 who stood retired w.e.f. October 31, 1992. Direction was given to decide the claims at an early date and to settle the dues to which the respondent No. 1 is entitled.2. The factual matrix leading to filing of the writ petition indicates that the petitioner (respondent No. 1 herein) was placed under suspension by the appellant w.e.f. April 2, 1988. His suspension continued till October 31, 1992 on which date the suspension was revoked and the petitioner was permitted to retire from service w.e.f. the said date.3. The dispute arose with respect to the settlement of the claims of the petitioner for the period from April 2, 1988 to October 31, 1992. The petitioner claimed that he shall be deemed to have spent on duty and during that period he would be entitled t...
Tag this Judgment!Employees' State Insurance Corporation Vs. T. Chothram
Court: Madhya Pradesh
Decided on: Apr-28-2000
Reported in: [2000(86)FLR872]; (2000)IILLJ1628MP
A.M. Sapre, J. 1. This appeal is filed under Section 82 of Employees' State Insurance Act, 1948 by the Regional Director, Employees' State Insurance Corporation, Indore office questioning the legality and propriety of an order passed by Labour Court on June 18, 1993 in Section 75 proceedings initiated by the respondents in case No. 3/E.S.I./85. Facts necessary for the disposal of this appeal need mention in brief. 2. In the year 1968 proceedings were started against the respondent under the Act, for payment of employees contribution payable under the Act. This related to period April 1, 1963 to December 31, 1967. Since the respondent disputed their liability to pay the same on several grounds employees contribution pertaining to this period (April 1, 1963 to December 31, 1967), the matter went to Labour Court it being a Competent Authority under the Act, to adjudicate the liability of the respondent to pay the said dues. The matter was registered as case No. 12/68. The Labour Court (Co...
Tag this Judgment!Umabai Vs. Khemchand and ors.
Court: Madhya Pradesh
Decided on: Apr-28-2000
Reported in: 2000(4)MPHT501
ORDERA.K. Mishra, J.1. Deceased Ramesh was working as labourer in Truck bearing registration No. CPQ 3943. He was travelling in the said truck when another truck bearing No. CPQ 7398 came from behind. The truck belonging to M.P.E.B. in which the deceased was travelling gave the side. While overtaking, the two trucks collided due to which Truck No. CPQ 3943 turned turtle and Ramesh died in the said accident.2. The truck owned by M.P.E.B. bearing No. 3943 was insured with Oriental Insurance Company and was driven by Krishna Kumar. Truck No. 7398 was driven by Jagdish Prasad and the said truck was insured with New India Assurance Company. The claimant, widow of Ramesh, prayed for an award of Rs. 2,50,000/- on account of death of Ramesh, her husband. The owner of Truck No. CPQ 7398 denied the accident. The truck was insured with New India Assurance Company for the period 4-4-89 to 25-11-89, hence it was submitted on behalf of the insurance company that it was not liable to pay any compensa...
Tag this Judgment!Ramnaresh Prasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-27-2000
Reported in: 2000(3)MPHT16; 2000(3)MPLJ91
ORDERS.S. Saraf, J.1. This is a criminal revision under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure against the order dated 25-11-99 passed by the Special Judge, CBI, Jabalpur in Special Case No. 5/99 (State v. Ramnaresh Prasad) whereby the application filed by the petitioner that the learned Judge Shri R.S. Sharma recuses himself from trying the case, has been rejected.2. The facts giving rise to this petition are these :-- The petitioner is facing a trial for offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short the 'Act') in the Court of Special Judge, CBI, Jabalpur.3. It is alleged that the petitioner has been found in possession of assets disproportionate to the known sources of his income. It is also alleged that under Section 17 of the Act, the learned Special Judge, Shri R.S. Sharma granted permission to Shri B.K. Singh, Sub-Inspector of Police, CBI, Jabalpur to investigate the case against the petitioner. The petit...
Tag this Judgment!Smt. Rekha Sharma Vs. Ramesh Chandra Sharma and ors.
Court: Madhya Pradesh
Decided on: Apr-27-2000
Reported in: 2000(3)MPHT136
ORDERS.S. Saraf, J.1. This is a criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure against the order dated 14-2-2000 passed by the learned Chief Judicial Magistrate, Umaria in Criminal Case No. 88/83.2. The facts giving rise to this petition are these :-- The respondents No. 1 to 4 are facing trial for offence under Sections 406 and 420 of I.P.C. on the basis of a report lodged by the petitioner to the concerned police whereby the concerned police filed a challan against them. The Additional D.P.O. filed an application under Section 311 of Cr.P.C. for recalling the petitioner for further examination on the point whether the document Ex. P-18 bore her signature. The learned Chief Judicial Magistrate after considering the facts and circumstances of the case, came to the conclusion that the further examination of the petitioner is necessary to the just decision of the case but rejected the application following the decision of the Supreme Court in ...
Tag this Judgment!Smt. Kamla Bai Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Apr-27-2000
Reported in: 2000(4)MPHT497; 2000(3)MPLJ376
ORDERBhawani Singh, C.J.1. This appeal is directed against the judgment of the learned single Judge dated April 23, 1998 passed in Writ Petition No. 14 of 1996.2. Shortly stated, this appeal arises in the following circumstances :Sharda Prasad Lohar claimed freedom fighter pension for having participated in the freedom movement particularly 'QUIT INDIA MOVEMENT'. He suffered imprisonment for 11 months under Section 332 of the Indian Penal Code. He applied for grant of freedom fighter pension from the Central Government and the State Government. It was sanctioned on 15-8-1972 by both the Governments. However, it was stopped on June 30, 1976. Before he could protest the action, he expired on 9-11-1979.3. According to learned counsel, the petitioner applied for grant of freedom fighter pension as widow of Late Shri Sharda Prasad Lohar in January, 1980. It was allowed on 7-6-1988 but it was cancelled on 27-10-1988 without assigning any reason. Petitioner filed numerous representations for ...
Tag this Judgment!Mubarak Vs. Darshansingh
Court: Madhya Pradesh
Decided on: Apr-27-2000
Reported in: 1(2001)ACC26
ORDERA.M. Sapre, J.1. Claimant is felt aggrieved by an award rendered by Additional M.A.C.T., Mandleshwar dated 21.2.1997 passed in Claim Case No. 127/90. By impugned award, the claimant is awarded a total sum of Rs. 6,000/- for the injuries that he suffered. Claimant is dissatisfied with what has been awarded to him by learned Tribunal. He wants enhancement in the award sum and for that purpose has filed present appeal.2. Facts for disposal of this appeal are these on 1.3.1989 at about 4.00 p.m., claimant was coming from his village and was going on the road Khalghat Road. When claimant was passing from the road, one truck bearing No. MKN-1925 which was driven by respondent No. 1-Darshansingh dashed to claimant as a result of which claimant fell down and suffered injuries. It is this accident causing injuries on the body of the claimant gave rise to filing of claim petition by the claimant before the learned Tribunal. The claimant claimed compensation of Rs. 50,000/- for the injuries ...
Tag this Judgment!Swarnjee Singh Vs. Asharam Gamne
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: 2001(1)MPHT396
ORDERDipak Misra, J. 1. In this civil revision preferred under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendant-petitioner has called in question the legal validity of the order dated 8-1-1999 passed in Civil Suit No. 71/98 by the VI Civil Judge, Class-I, Raipur whereby he has entertained the prayer made under Order 6 Rule 17 of the Code by the plaintiffs.2. Sans unnecessary details, the facts necessary for disposal of the civil revision are that Late Asharam Gamne, the predecessor in the interest of non-applicant Nos. 1-A to 1-E filed the aforesaid civil suit for eviction of the tenant- petitioner on the ground that the premises in question was required bona fide for starting a 'Kirana' business for himself and his son Shankar Rao. It was pleaded that the plaintiff had no other reasonable suitable accommodation of his own at Raipur town. The defendant-petitioner filed his written statement to the suit contending, inter alia that on the g...
Tag this Judgment!indore Development Authority, Indore Vs. Indore Development Authority ...
Court: Madhya Pradesh
Decided on: Apr-26-2000
Reported in: [2000(87)FLR57]; 2001(1)MPHT367
ORDERDeepak Verma, J. 1. In this petition, filed under Art. 227 of the Constitution, petitioner is challenging legality, propriety, correctness and validity of the Award dated 19-6-1997, passed by Labour Court, Indore, whereby, petitioner has been directed to classify respondent Nos. 2 to 33 on regular posts, on which, they were appointed and to pay them the deferential salary.2. Factual matrix is as under :--Indore Habitat Project was to be implemented through the agency of petitioner/Indore Development Authority (for short 'IDA'), which was to be financed by Overseas Development Authority (for short 'ODA'), a project floated by British Government. This was as per the directions of the Central Government. For implementation of ODA project, IDA, which, was to manage the affairs as per the directions of the Central Government, appointed Sub-Engineers/respondent Nos. 2 to 33, herein, temporarily on daily wages on muster-roll. The said project has finally come to an end on 30-6-1997. Peti...
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