Madhya Pradesh Court September 2000 Judgments
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Rameshwar Vs. Gukul and ors.
Court: Madhya Pradesh
Decided on: Sep-14-2000
Reported in: I(2001)ACC566
ORDERA.M. Sapre, J.1. Claimant is dissatisfied with what is awarded to him by the impugned award. He wants more and hence he is in appeal for enhancement. In all, the learned Member of Tribunal awarded him a total sum of Rs. 24,000/- for the injuries that the claimant has suffered in an accident. The impugned award is dated 28.7.1997, passed by learned IInd M.A.C.T., Dewas, in Claim Case No. 98/97.2. On 26.10.1994, claimant while going on motorcycle with his brother-in-aw, Babulal, was dashed with the Bus bearing No. CPU 1111 resulting in death of Babulal and sustaining of injuries by the claimant. The offending bus was owned any respondent No. 2 and was being driven by respondent No. 1. It was insured with espondent No. 3. This resulted in filing of claim by the claimant claiming compensation for the injuries. The respondent Nos. 1 and 2 remained ex-party whereas respondent No. 3 alone contested the claim.3. By impugned award, the learned Tribunal allowed the claim in part. It allowed...
Mohan Krishna Dwivedi Vs. Bhau Sahib Argade
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: 2001(1)MPHT316; 2000(3)MPLJ537
ORDERA.K. Mishra, J.1. These two revisions have come up arising out of the order dated 12-3-1999 passed by the Rent Controlling Authority, Gwalior in Case No. 13/96. Civil Revision No. 516/1999 has been filed by the defendant/tenant; Mohan Krishna Dwivedi challenging the order of his eviction whereas in Civil Revision No. 665/1999 part of the order not directing the defendant to deposit the rent pendents lite has been assailed.2. The respondent-Bhau Sahib Argade, retired employee of Madhya Pradesh Electricity Board (for short 'MPEB') applied for vacation of the suit accommodation in possession of Mohan Krishna Dwivedi on the ground of genuine requirement for residence for himself and his family alleging that he was not possessed of any alternative accommodation in Municipal limits of Gwalior and was residing at Bhopal for want of accommodation that too in a tenanted accommodation and wanted to shift to Gwalior. Hence, application under Section 23-J of M.P. Accommodation Control Act was...
Kashi Bai and Another Vs. Kashi Ram and Others
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: 2001(1)MPHT239
ORDERDipak Misra, J. 1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendant Nos. 2 and 3 have called in question the sustainability of the order dated 11-10-99 passed by the learned First Civil Judge, Class-II, Raisen in Civil Suit No. 19-A/99.2. The facts as have been undraped are that the non- applicant No. 1 as plaintiff instituted the aforesaid civil suit against the applicants as well as non-applicant Nos. 2 and 3. The present applicants are defendant Nos. 2 and 3 and the non-applicant No. 2 is the defendant No. 1. The present applicantsafter appearing filed an application under Order XXXII Rules 3 and 15 of the Code stating, infer alia, that the defendant No. 1, Bhairo Singh, is the husband of defendant No. 2 and father of defendant No. 3 and is a person of unsound mind and has been availing treatment at Gwalior Mental Hospital and is unable to defend his rights in the Court. In ...
V.K. Munshi Vs. Raipur Co-operative Housing Society Limited and Anothe ...
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: 2001(1)MPHT514
ORDERDipak Misra, J. 1. Invoking the revisional jurisdiction of this Court under Section 115 of theCode of Civil Procedure (in short 'the Code') the petitioner/defendant No. 2 has called in question the justifiability of the order dated 7-4-1999 passed by the learned IIIrd Additional District Judge, Raipur in Misc. Civil Appeal No. 41/98.2. The facts as have unfolded are that the non-applicant No. 2 as plaintiff initiated civil action being Civil Suit No. 70-A/91 for thefollowing reliefs :--^^v ;g fd oknh dks okn xzLr Hkw[k.M ekad38 vM+rhl 'kkyk ekxZ jk;iqj lgdkjh x`g fuekZ.k laLFkk lfefr jk;iqj dkiathr fch i= fnukad 16&9&81 lksyg flracj bD;klh ds vuqlkjHkwLokeh ds :i esa vkf/kiR;/kkjh ?kksf'kr fd;k tkosAc ;g fd i= fnukad 417 pkj lkS l=gfnukad 4&8&87 pkj vxLr lR;klh voS/kkfud nqHkkZouk iw.kZ vf/kdkj {ks=ls ckgj ,oa fof/k foijhr gksus ds dkj.k rFkk oknh dks ca/kudkjh ugha gksus ls 'kwU;?kksf'kr fd;k tkosAl ;g fd oknh ds }kjk okn xzLr Hkw[k.M ijHkw&Lokeh; ds :i es miHkksx djus esa izfrok...
Basant Singh and Another Vs. Roman Catholic Mission
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: 2001(2)MPHT43
ORDERS.P. Srivastava, J. 1. The tenants/judgment-debtors/applicants who had filed an application under Order 9 Rule 13, CPC, seeking setting aside of the ex parte decree passed against them for their eviction from the premises in dispute under their tenancy and recovery of arrears of rent and damages for use and occupation, feeling aggrieved by the rejection of the said application by the Trial Court which order stands affirmed in appeal, they have now approached this Court by means of the present revision under Section 115, CPC, seeking redress and praying for the setting aside of both the orders.2. I have heard the learned counsel for the tenants/judgment-debtors/ applicants as well as the learned counsel representing the landlord/decree-holder/respondent and have carefully perused the record relating to the proceedings of the original suit as well as the proceedings under Order 9 Rule 13, CPC, giving rise to this revision which had been summoned pursuant to the order passed by this ...
Rameshchand Srivastava Vs. Smt. Shakuntala Devi and anr.
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: AIR2001MP53; 2000(4)MPHT388
S.P. Srivastava, J. 1. This appeal by Rameshchandra Shrivastava has been filed challenging the judgment and order rejecting his application filed under Section 372 of the Indian Succession Act seeking the grant of a succession certificate in respect of the various amounts of money which had been left behind by Smt. Sushil Devi Shrivastava after her death. 2. An objection was filed by Smt. Shakuntala Devi, the present respondent No., 1 claiming herself to be the daughter and only heir of the deceased, Smt. Sushila Devi seeking the succession certificate in her favour indicating further that she was ready to deposit the required fee for the purpose. This objection was filed on 9-1-1986. 3. During the pendency of the aforesaid application filed by the present appellant, Prakash Chand, the respondent No. 2, in the present appeal had filed an other objection on 29-6-1987 disputing the claim of the present appellant and further praying that while rejecting the application for the grant of th...
Smt. Salma Aga and Others Vs. Sewak Sharan Gupta and Others
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: 2001(3)MPHT54
ORDERS.P. Srivastava, J. 1. Hakim Aaga Ali Ahmed, since deceased and now represented by his heirs and legal representatives, had filed the present writ petition feeling aggrieved by the order dated 16-7-1990 passed by the First Appellate Court whereunder it had dismissed his appeal challenging the judgment and order passed by the executing Court dated 16-11-1981, whereby rejecting his objections filed under Order 21 Rule 90, CPC, the sale of his residential house for satisfying a decree passed in the original Civil Suit No. 120-A/71 for the recovery of an amount of Rs. 1,598/- had been upheld. The heirs and legal representatives of the sole petitioner, since deceased, have prayed for the quashing of the aforesaid orders including the impugned proceedings relating to the auction sale held by the executing Court.2. The original record relating to the execution proceedings had been summoned by this Court. I have heard the learned counsel for the parties and have carefully perused the reco...
Longabai Vs. Prem Chand
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: 2000(4)MPHT340; 2001(2)MPLJ19
ORDERA.K. Mishra, J.1. Plaintiff has filed the present revision petition being aggrieved by the Order passed by learned Additional Civil Judge, Class-I, Bhind in Civil Original Suit No. 179-A/97, dated 28-4-98 whereby the plaintiff s suit filed for ejectment of the defendant/tenant has been stayed till the proceedings for registration of trust are not completed.2. Shri K.K. Lahoti, learned counsel for the petitioner has strenuously submitted that it is a case based on the landlord, tenant relationship. Bar or registration or question of registration is wholly foreign to the question to be tried in the suit between the landlord and the tenant. Thus the Order passed by the Court below is contrary to the law laid down in the case of Brijmohan v. Dwarkadas, 1975 JLJ SN 4, and on the case of Kaduram v. Mahila Muthuri Bai, in S.A. No. 139/79, decided on 1-1-80 decided by Hon'ble Justice H.G. Mishra.3. Learned counsel appearing for the respondent/defendant submitted that in a different suit t...
Shivcharan Lal Vs. Municipal Corporation
Court: Madhya Pradesh
Decided on: Sep-13-2000
Reported in: 2001(5)MPHT85
Arun Mishra, J.1. This appeal has been filed by the appellant aggrieved by the judgment and decree dated 4-5-95 passed by IIIrd ADJ Gwalior affirming the judgment & decree of Trial Court.2. The factual matrix leading to the filing of this appeal indicate that plaintiff was appointed on the post of patwari in Municipal Corporation, Gwalior. His services were terminated on 6-8-80. He challenged the order of termination. As a matter of fact civil suit was amended so as to incorporate the relief of challenge to the dismissal from service. Initially the order was passed retiring the petitioner from service on completion of 58 years of age. This order was issued on 18-1-80. His retirement was ordered w.e.f. 1-11-80 but before the date of his retirement could be attained by the plaintiff, he was suspended and ultimately on 31-1-80 instead of retirement, dismissal order was handed-over to him. The plaintiff's allegation was that he was served with the show-cause notice based on inquiry report....
T.T.K. Pharma Limited Vs. Commissioner of Commercial Tax and ors.
Court: Madhya Pradesh
Decided on: Sep-08-2000
Reported in: [2001]121STC595(MP)
ORDERN.K. Jain, J.1. Petitioner, a public limited company, is aggrieved by the orders of assessment (annexures B and C) passed by respondent No. 4, the Assistant Commissioner of Commercial Tax, Indore, as also the orders passed in appeal, revision and reference (annexures D, E, F and G) by respondents Nos. 3, 2 and 1--the Deputy Commissioner, the Additional Commissioner, and the Commissioner, Commercial Tax, Indore, M.P. whereby all these authorities have held that fryums are not 'cooked food' and liable to be taxed at the rate of 8 per cent under residuary entry 1 of Part VII of the Second Schedule to the Madhya Pradesh Vanijyik Kar Adhiniyam, 1994 (for short, 'the Act of 1994').2. Petitioner is engaged in the business of manufacture and sale of fryums, a snack food. The period under assessment was April 1, 1992 to March 31, 1993 and April 1, 1993 to March 31, 1994 when the M.P. General Sales Tax Act, 1958 (for short, 'the Act of 1958') was in force which stood replaced by the Act of ...
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