Madhya Pradesh Court November 2001 Judgments
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Sampada Joshi and ors. Vs. Bank of Maharashtra and ors.
Court: Madhya Pradesh
Decided on: Nov-28-2001
Reported in: (2002)IILLJ423MP; 2002(1)MPLJ435
ORDERArun Mishra, J. 1. Late Shri S.S. Joshi was an employee of Bank of Maharashtra. He died during pendency of the writ petition. His legal representatives are continuing the writ petition.2. Late Shri S.S. Joshi was appointed as Clerk in the erstwhile Bank of Nagpur which merged in Bank of Maharashtra in 1961. Subsequently, he was promoted as officer and thereafter as Manager in April, 1978. In the month of April, 1980, meeting was arranged at Bhopal of Chairman of Bank of Maharashtra and the Branch Managers of the Bhopal Division. Certain remarks were made by Chairman against the family of the Branch. Managers and employees. When the petitioner was asked to move vote of thanks, he criticised the Chairman Dr. M.V. Patwardhan, due to which he became revengeful. Petitioner was a union leader and he was President of the Award Staff. Bank of Maharashtra has framed regulations named as Bank of Maharashtra Officers Employees (Discipline and Appeal) Regulations, 1976. Certain irregularities...
Savitri Devi and ors. Vs. Subhash Acharya and ors.
Court: Madhya Pradesh
Decided on: Nov-28-2001
Reported in: 2003ACJ1304
Deepak Verma and S.L. Kochar, JJ.1. Both these miscellaneous appeals (M.A. Nos. 712 and 696 of 1998) arise out of common award dated 13.5.1998 passed by III Motor Accidents Claims Tribunal in Claim Case No. 28 of 1997 allowing the claim petition of the appellants and rejecting the defence of the insurance company, respondent No. 3.2. The facts in narrow compass are that on 11.2.1995, in the night between 9.30 p.m. and 10 p.m. deceased Ramesh Kumar, husband of appellant No. 1 and father of appellant Nos. 2 and 3 was going on the bicycle for attending duty at Moti Tabela, Government College, Indore at the same time, he met with an accident near the shop of Parichaya Tailor situated in Nandlalpura, Indore, with mini truck bearing registration No. CII 7104 coming from the side of Gautampura, Indore. The said truck was being driven rashly and negligently by respondent No. 2 Ramesh. Ramesh Kumar died instantaneously on the spot. The incident was reported to the Police Station, Pandharinath, ...
Gangaram Vs. Sampat Rao
Court: Madhya Pradesh
Decided on: Nov-27-2001
Reported in: 2002(1)MPHT148
P.C. Agrawal, J. 1. Parties are real brothers.2. Sampat Rao (respondent) had filed a civil suit for partition of the house admittedly purchased by his father in village Linga in which he had claimed 1/2 share. The house belonged to the father late Kashiram who had got constructed the same. Gangiya (appellant) claimed that the father Kashiram worked in colliery and has purchased a house Benami in the name of Sampat Rao (respondent). According to him the father in oral partition had given the suit house to Gangiya (appellant) while the house purchased Benami in name of Sampat Rao (respondent) was allotted to him. He further claimed that Gangiya (appellant) alone had been in possession of the suit house and had spent considerable amount in its reconstruction and repairs etc. According to him Sampat Rao (respondent) who had already got one house in his share could not claim any share in the suit property.3. The learned Trial Court on appreciation of evidence held that :(1) Sampat Rao (resp...
Abdul Gaffar Vs. Sajid
Court: Madhya Pradesh
Decided on: Nov-27-2001
Reported in: 2002(1)MPHT32
ORDERN.S. Azad, J. 1. He is heard. 2. The Judicial Magistrate First Class, Sehore, awarded an amount of Rs. 1000/- as maintenance to respondent by order dated 1-5-1999 passed in Case No. 5/96, which was registered on a petition filed under Section 125, Cr.PC on behalf of this petitioner and his mother Nasim Bano. 3. In Criminal Revision No. 79/99 filed challenging the aforesaid order, the First ASJ, Sehore reduced the aforesaid amount to Rs. 750/- per month by order dated 26-9-2001. Now a prayer is being made that the amount of maintenance be further reduced to Rs. 300/- per month. 4. A perusal of the orders passed by the Courts below discloses that while passing the aforesaid orders, both the Courts appreciated the evidence in detail which was adduced in the Court of JMFC. A further appreciation of evidence for examining the propriety of quantum fixed by the Courts below is not permissible in exercise of inherent powers of this Court. Hence, this petition does not merit. It is accordi...
Shyamlal Choudhari Vs. Sant Kumar and ors.
Court: Madhya Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)MPHT212
ORDERN.S. Azad, J.1. Arguments heard.2. It is submitted by Shri S.K.P. Verma that the respondent/accused is facing trail in Civil Case No. 16/2001 for offence punishable under Section 3 (1)(x) of the SC/ST (Prevention of Atrocities) Act and under Section 294 of the IPC in the Court of Special Judge posted at Narsinghpur is Chief Municipal Officer in Municipality, Narsinghpur and is very influenced.3. It is also submitted by Shri S.K.P. Verma that the accused so also the Presiding Judge of the Special Court belong to one and the same caste i.e., Brahmin. It is further submitted by Shri Verma that the Public Prosecutor is also a Brahmin and hence this petitioner apprehends that a fair trial is not possible at Narsinghpur.4. It is also found stated in the petition that once the Presiding Judge of the Trial Court asked the complainant to go and call the accused from his office, who did not attend the Court in spite of service of several summons. The petitioner is also working in Municipali...
Rameshwar Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)MPHT539
N.S. Azad, J. 1. Heard on admission.2. Aperusal of order dated 16-8-2001 passed in M.Cr.C. No. 3354/2000 by this Court, reveals that the first application for anticipatory bail which was moved on behalf of this petitioner and registered as M.Cr.C. No. 6861/98 was disallowed and rejected by this Court, and on the ground of suppression of this fact at the time of moving the second application for anticipatory bail, which was registered as M.Cr.C. No. 3354/2000, the subsequent bail application was also rejected with a direction that after surrender, or arrest the petition moved under Section 439 of the Cr.PC on behalf of the petitioner, shall be heard on the same day or atleast by next day, without being influenced of the order of rejection of earlier bail application.3. Now it is submitted by Shri Rai that the first information report, which is now marked as Annexure 'C', was not considered or brought to the notice of the Court, at the time of consideration of first application, hence, t...
Wadson Masiha Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-23-2001
Reported in: 2002(2)MPHT208; 2002(2)MPLJ291
ORDERArun Mishra, J. 1. The only question which arises for consideration in the writ petition is whether refusal to refer the dispute to the Labour Court by the appropriate Government on the ground that the dispute has been raised belatedly without justifiable reasons, was justified.2. The petitioner was appointed as casual labourer on monthly basis. He worked from 9-5-82 till 13-3-89. Petitioner submits that he acquired temporary status and was terminated arbitrarily w.e.f. 14-3-89. The petitioner approached the respondents but no heed was paid to his representations. Thereafter conciliation was tried by Assistant Labour Commissioner, Jabal-pur. Application was filed on 26-11-96. Condonation application was filed. On failure of conciliation the mailer was referred to Labour Ministry, Order was not passed by the Ministry of Labour. Petitioner filed Writ Petition No. 4937/97 which was decided on 5-12-97. The writ petition was disposed of with a direction to respondents to consider the f...
Vikram Cement Vs. Lalit Kumar Saxena
Court: Madhya Pradesh
Decided on: Nov-23-2001
Reported in: [2002(92)FLR1184]; (2002)IVLLJ112MP
A.M. Sapre, J.1. By filing this writ under Article 227 of the Constitution of India, the petitioner assails the appellate order passed by the Industrial Court, Indore, M.P. in civil appeal No. 753 (M.P.I.R.)/2000 dated April 3, 2001, which in turn affirms the order of the Labour Court, passed in case No. 99 of 1993, dated October 12, 2000. Facts of the case lie in a narrow compass.2. The respondent was working with the petitioner company since 1991. He was removed from service by the petitioner essentially on the ground of his long absence i.e. from June 18, 1992. His name was struck down from the attendance register.3. This led to filing of an application by the respondent under Section 31(3) of M.P.I.R. Act before the Labour Court, challenging his removal from service. In substance the termination order was challenged on the ground that it was passed behind the back of the respondent without serving him any charge-sheet and without holding any inquiry. It was also complained that the...
National Dairy Development Board and anr. Vs. Suraj Singh
Court: Madhya Pradesh
Decided on: Nov-23-2001
Reported in: 2002(5)MPHT254; 2002(2)MPLJ72
ORDERS.P. Khare, J.1. This is a revision under Section 115, CPC by the non-applicants against the order dated 11-5-2000 in Civil Suit No. 20-A of 1996 of the 5th Additional District Judge, Bhopal by which the application for appointment of arbitrator has been allowed and the non-applicants have been directed to appoint arbitrator for resolution of the dispute in terms of the arbitration agreement.2. Non-applicant National Dairy Development Board invited tenders for construction of chilling plant at Harda. The applicant submitted his tender. He was awarded contract. There is arbitration agreement in Clause 90 of the Contract. There arose dispute between the parties in respect of payment of some of the items claimed by the applicant. The non-applicant made payment of Rs. 18,397/- on 1-10-1990. Thereafter, on 23-11-1990 the non-applicant wrote a letter to the applicant informing him that a further payment of Rs. 26,145/- can be made if the applicant gives in writing that he would not make...
Maltibai Vs. Subhashchandra and ors.
Court: Madhya Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)MPHT176; 2002(1)MPLJ508
S.P. Khare, J. 1. This is defendant's revision against the order dated 2-7-2001 by which the plaintiff's appeal under Order 43 Rule 1 (r), CPC has been allowed and the defendant has been restrained by temporary injunction from interfering with the possession of the plaintiffs on the lands in dispute till the decision of the suit.2. Arguments of both sides heard. Defendant Maltibai was admittedly the Bhumiswami of the lands in dispute Khasra No. 273 area 1.008 Hectare and Khasra No. 275 area 0.279 Hectare of Village Athner, Tehsil Bhaisdehi, District Betul. Her name is still recorded in the Khasras in column No. 3 as Bhumiswami. There was an agreement datetf 7-7-1983 between Maltibai and Meerabai by which the former agreed to sell these lands to the latter. The plaintiffs are heirs of Meerabai. Both sides have made allegations regarding the breach of this agreement by the other. The fact remains that Meerabai did not file any suit for specific performance of contract and therefore there...
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