Madhya Pradesh Court October 2001 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Reddy Brothers and Company Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-29-2001
Reported in: 2002(1)MPHT472
ORDERDipak Misra, J. 1. Invoking the extra-ordinary jurisdiction of this Court the petitioner, a registered partnership firm, has prayed for issue of writ of certiorari for quash-ment of the decision of the respondent Nos. 2 and 3 by which they have disqualified the petitioner and awarded the tendered work in favour of respondent No. 4 by holding the same to be arbitrary and malafide and grant such other reliefs as may be deemed fir and proper in the facts and circumstances of the case.2. The facts as have been uncurtained are that the petitioner is a registered partnership firm and engaged in the business of contractorship for last nine years and has made a reputation by undertaking various works under various departments of Government of Maharashtra. The respondent No. 3, the Superintending Engineer, Masonry Dam Circle, Deolond, Shahdol, issueda notice inviting tenders (Form B Item Rate Tender) for the balance drilling and curtain grouting and drainage holes in drainage gallery from ...
Shahid Roshan Jameer Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-29-2001
Reported in: 2002(2)MPHT39; 2002(2)MPLJ475
ORDERChandresh Bhushan, J. 1. Revision is heard finally.2. This is a revision against the order dated 21-8-2001 of the III Addl. Sessions Judge, Jabalpur by which the application of the petitioner-accused for re-summoning one Rahim Khan, P.W. 2 for his further cross-examination has been rejected.3. The facts in brief, are that the petitioner-accused is being tried on the charge of murder of one Sadik in the Court of III Addl. Sessions Judge, Jabalpur. The prosecution examined one Rahim Khan, P.W. 2 as an eye-witness. Later on 12-7-2001, an application alongwith the Affidavit of P.W. 2, Rahim Khan was filed in the Trial Court, praying that Rahim Khan be summoned for further cross-examination. In this Affidavit, he has averred that in fact he had not seen the incident and what he had stated earlier in the Court was false. This application of the petitioner was rejected by the Trial Court.4. The law as laid down by the Supreme Court in the case of Hussain Umar Kochra etc. v. K.S. Dalipsin...
J.K. Ojha Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Oct-29-2001
Reported in: 2002(1)MPHT52; 2002(2)MPLJ78
ORDERA.K. Mishra, J. 1. Petitioner seeks in the instant writ petition quashment of the decision to initiate disciplinary action and to quash the order dated 11th December, 2000 to restrain respondents from proceeding in the matter and for other just reliefs.2. Petitioner was posted as Commanding Officer of 342 Coy ASC (Supply) Type B. He was thereafter posted as Commanding Officer 890, Animal Transport Battalion. He handed over the charge to his successor on 25th November, 1997. The concession voucher book containing 100 pages was missing. Court of Enquiry was conducted against Rajdeep Thapa. Petitioner was called for deposing before the Court of Enquiry as a witness. In the Court of Enquiry, the competent authority found that the book was not handed over to Rajdeep Thapa while handing over the charge and an administrative enquiry was directed into the matter pertaining to the question of failure of the petitioner to report the loss of concession voucher book to the superior authority....
Municipal Corporation, Gwalior and anr. Vs. Ramsewak
Court: Madhya Pradesh
Decided on: Oct-29-2001
Reported in: 2002(1)MPHT48; 2002(2)MPLJ148
S.P. Srivastava, J. 1. Heard the counsel for the appellant.2. Perused the record.3. Municipal Corporation, Gwalior, the appellant feels aggrieved by the judgment and order of learned Single Judge, whereunder, the respondent/ petitioner Ramsewak was found to be entitled to count his previous service rendered with the State Government to his service period, while working with the appellant Corporation, for the purpose of the calculation of the pensionary benefits.4. It is not disputed that the petitioner/respondent had joined the Government service in the year 1960. The limits of the boundary of the Municipal Corporation, Gwalior was extended in the year 1981 including the area falling within the limits of the Panchayats adjoining the Gwalior city. The petitioner/respondent was employed as a Govt. servant in one of the Panchayats which were merged with the Corporation in the year 1981. The stand of the appellant is that although, the assets and liabilities of the concerned Panchayat had ...
Giridhari Lal Kanak Vs. State and ors.
Court: Madhya Pradesh
Decided on: Oct-22-2001
Reported in: 2002CriLJ2113; 2002(1)MPLJ596
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court the petitioner has prayed for to call for the record and after examination of the same to issue a writ in the nature of mandamus commanding the respondents Nos. 1 to 4 to take cognizance of the complaint filed by the petitioner and after due investigation file chargesheet against the respondent No. 5 for the offence committed by him. The further prayer in the writ petition is to issue appropriate direction to the respondents No. 1 to 4 to provide sufficient protection to the petitioner as there is threat to his life.2. The facts as have been undraped are that the petitioner is the Vice President of Harizan Adivasi Bass Udyog Sahakari Samiti Maryadit, Balaghat, having its registration No. 44/449. The said Co-operative Society is committed for the upliftment and development of downtrodden members of Scheduled Castes Community. It is entitled for financial assistance and running its affairs from the Zila Sahakar...
Ashok Kumar Tiwari Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Oct-20-2001
Reported in: 2001(1)MPHT234
ORDERR.S. Garg, J. 1. Principal Secretary, Local Self-Government is also present in the Court.Shri Manish Chawra, learned counsel appears for the Chief Municipal Officer, Itarsi and the President, Municipal Council, Itarsi.This order shall govern disposal of W.P. No. 5735/2000 and W.P. No. 5734/2000.2. The cases are the burning examples of absolute carelessness and mismanagement in the Secretariat of the Local Self-Government. It appears that in the said department nobody understands and nobody is ready to understand.3. Petitioner Om Prakash Upadhyay working with Municipal Council, Itarsi was transferred in the same capacity to Nagar Panchayat, Patan. Another petitioner Ashok Kumar Tiwari was transferred in the same capacity from Municipal Council, Itarsi to Nagar Panchayat, Shahpura though in his order of transfer it is shown that he is transferred to Municipal Council, Shahpura. The fact remains that Shahpura is a Nagar Panchayat.4. Petitioner Om Prakash Upadhyay gave his joining rep...
Nepa Limited Vs. Manoj Kumar
Court: Madhya Pradesh
Decided on: Oct-17-2001
Reported in: 2002(1)MPHT125; 2002(1)MPLJ463
ORDERS.P. Khare, J. 1. This is a revision by judgment-debtor Nepa Limited against the order by which its application raising the two objections regarding the enforcement of the award against it has been rejected. 2. It is not in dispute that an award dated 14-4-2000 has been passed by the arbitrator against the judgment-debtor company directing it to pay an amount of Rs. 14,49,300/- with interest at the rate of 18% per annum to the decree holder. The respondent had deposited an amount of Rs. 20,59,800/-with the petitioner company on 22-10-1996 for 'due performance of the contract'. Out of this security deposit a deduction of Rs. 6,10,500/- has been allowed. 3. The objection of the judgment-debtor is two-fold. Firstly, the judgment-debtor company has become 'sick industrial company' under the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter to be referred to as the Act) and its application under Section 15 of the Act has been registered by the Board for Industrial a...
Laxmikant Dube and ors. Vs. Piyaria and ors.
Court: Madhya Pradesh
Decided on: Oct-17-2001
Reported in: 2002(1)MPHT133; 2002(2)MPLJ44
ORDERS.P. Khare, J. 1. This is a revision by the defendants against the order by which their application under Order 7 Rule 11 (b), CPC for rejection of the plaint on the ground of undervaluation has been turned down. 2. The plaintiffs have filed the suit seeking the declaration that the two registered sale-deeds dated 20-6-2000 in respect of the lands in dispute which are said to have been executed by defendant No. 1 Smt. Malo in favour of the defendant Nos. 2 to 4 at the instance of the defendant Nos. 5 and 6 are void and have no adverse effect on the rights of the plaintiffs on these lands. The plaintiffs have valued the relief for declaration at Rs. 4,70,200/-, the consideration shown in the sale-deed, for purposes of the pecuniary jurisdiction of the Court and have paid fixed Court fee as provided in Article 17 Schedule II of the Court fees Act. The objection of the defendants is that the suit ought to have been valued ad valorem for purposes of Court fee also. This objectionhas b...
State Bank of India Vs. Smt. Goutmi Devi Gupta and ors.
Court: Madhya Pradesh
Decided on: Oct-15-2001
Reported in: AIR2002MP81; 2002(1)MPHT427; 2002(2)MPLJ105
ORDERS.P. Khare, J.1. This is a revision by the decree-holder against the order by which the application of judgment-debtor No. 3 Rajesh Kumar Agarwal (hereinafter to be referred to as J.D.) raising two-fold objections has been allowed.2. The decree-holder is State Bank of India. It has obtained money decree in Civil Suit No. 1-B of 1992 on 30-4-1997 against Smt. Goutmi Devi Gupta as Proprietor of Jyoti Dal Mill and also against the J.D. He was the surety of the principal borrower in the loan taken by her from this Bank. The liability of the judgment debtors under the decree is 'joint and several'. The principal amount payable under this decree is Rs. 1,95,314=00 and the interest payable thereon is 12 percent per annum from 16-12-1991. It is also stated in the decree that decree-holder would be free to sell the hypothecated goods and this decree would be the first charge on the hypothecated property. There is no direction that the decree holder would first proceed to recover the decret...
Gopal Krishna Awardhu and anr. Vs. Nagar Panchayat, Narwar and ors.
Court: Madhya Pradesh
Decided on: Oct-12-2001
Reported in: (2002)IIILLJ1091MP; 2002(1)MPHT284; 2002(3)MPLJ264
ORDERS.P. Srivastava, J. 1. Feeling aggrieved by the order passed by the Labour Court No. 1 whereby holding the termination of the service of Gopal Krishna Awardhu, the appellant in L.P.A. No. 60/2001 to be illegal, granting him the benefit of Section 25 (f) and (g) of the Industrial Disputes Act it had directed the Mukhya Karyapalana Adhikari, Vishesh Kshetra Vikas Pradhikaran, Narwar, District Shivpuri to reinstate him in service and pay all the arrears of salary to him, the Nagar Panchayat, Narwar, the appellant in L.P.A. No. 70/2001 filed a writ petition being W.P. No. 1954/98 praying for the quashing of the said order as it was sought to be enforced against it in view of the provisions contained in the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 even though the petitioner, the local authority had not been impleaded as a party respondent in the proceedings before the Labour Court.2. The aforesaid writ petition was heard and disposed of by a learned Single Judge of this C...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »