Madhya Pradesh Court November 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.
Govardhan Das Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-20-2001
Reported in: [2002(95)FLR294]; (2003)ILLJ35MP
A.M. Sapre, J. 1. The decision rendered in this writ shall govern the disposal of other connected writs eingW.PNos. 2072, 2073, 2074, 2075, 2076 and 2077 of 2001, as these petitions involve common questions of law ana facts. 2. Petitioners were at all relevent time working in one factory belonging to respondent No. 2, a State Government undertaking. One such factory is situated at Mhow near Indore and one at Gwalior. These persons (petitioners) applied for V.R.S. (Voluntary Retirement Scheme). It was acceded to and thus, granted. The complaint of the petitioners in these petitions is that they were paid less amount than what they are legally entitled to. In other words, the complaint is, they were paid very much less amount by way of their retiral dues than what they are actually entitled for. It is for claiming their legitimate retiral dues, the petitioners have filed these writs and claimed difference of amount, i. e. the amount which they have been paid and the amount which the peti...
Yogendra Kumar Gangrade Vs. Municipal Corporation, Khandwa and ors.
Court: Madhya Pradesh
Decided on: Nov-09-2001
Reported in: [2002(95)FLR486]; 2002(2)MPHT281; 2002(1)MPLJ501
ORDERArun Mishra, J. 1. In these writ petitions common question arises for the decision. The petitioners are assailing the common order dated 19-12-97 by which their services were ordered to be removed with immediate effect. They are analogously heard and are being decided by this common order. 2. The petitioners were in the employment of Municipal Corporation, Khandwa. Orders of their removal were passed which were stayed by this Court except in the cases of Radheshyam Patil (W.P. No. 559/98) and Ramchandra Mandloi (W.P. No. 560/98). 3. Bhupendra Singh Bisen, petitioner in W.P. No. 34/98 was appointed on daily wages as Sub-Engineer on 2-5-94; he was regularised as per resolution of Standing Committee, Municipal Corporation, Khandwa dated 23-11-95. Petitioner submits that he possesses requisite qualifications for the post of Sub-Engineer. An order was issued on 28-11-95 appointing him on probation for a period of one year in the pay scale of Rs. 1600-2700. An order was passed on 19-12-...
Lekhram and ors. Vs. Phoolchand Bagdi and ors.
Court: Madhya Pradesh
Decided on: Nov-09-2001
Reported in: 2001(4)MPHT493; 2002(2)MPLJ63
ORDERS.P. Khare, J. 1. This is a revision by the plaintiffs against order dated 5-11-1998 of the Second Additional District Judge, Chhindwara in MJC No. 3 of 1997 by which their application under Section 152, Cr.PC for correction of a clerical or arithmetical error in the judgment and decree dated 23-7-1990 in Civil Suit No. 65-A of 1990 of the Court of II Civil Judge, Class II, Chhindwara has been rejected. The delay in filing this revision is condoned.2. The plaintiffs' suit was in respect of Khasra Nos. 108, 111, 142,6/1 and 106 total area 25.46 acres of village Partala. In the last para of the judgment, that is the operative part, the total area 25.46 acres has been correctly given but 'Khasra No. 6/1 area 3.79 acres and Khasra No. 106 area 13.75 acres' have been omitted. The judgment and decree were confirmed in appeal on 20-4-1992 by the First Appellate Court in Civil Appeal No. 25-Aof 1990. The second appeal of the defendants was dismissed under Order 41 Rule 11, CPC on 19-1-199...
ChaIn Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-09-2001
Reported in: 2002CriLJ1870; 2000(1)MPLJ317
Rajeev Gupta, J.1. Appellant Chain Singh stands convicted under Sections 302 and 323 read with 34, IPC whereas other three appellants Bhuwan Singh, Sunder Singh and Sumendra Singh stand conviction under Sections 302 read with 34 and 323 read with 34, IPC, with sentences of imprisonment for life and rigorous imprisonment for 1 year each respectively, vide impugned judgment dated 2-5-1989 passed by Sessions Judge, Shahdol in S.T, No. 5/88.2. The factual matrix of the case, in a narrow compass, is that on the fateful night of 28-7-1987, at about 9.00 p.m. deceased Ishwardeen and prosecution witnesses Bhaiyalal, Jiyalal, Ram Nivas Sharma, Shambhoo Prasad, Kunwarlal, Mandal Singh joined a religous proceession in the village of Darsagar. When the said procession reached, 'Daddi Ram Ka Chowraha' Ishwardeen, Bhaiyalal, Jiyalal and Ram Nivas, feeling thirsty, went to the house of one Sitaram situated at a distance of few paces from the said Chowraha, for drinking water. In the meantime, the rel...
Mahinder Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-08-2001
Reported in: 2002(1)MPHT298; 2002(1)MPLJ544
ORDERBhawani Singh, C J. 1. Mahinder Singh son of Prem Singh Patwa has been detained by District Magistrate, East Nimar (Khandwa) by order dated March 23, 2001 under Sub-section (2) of Section 3 of the National Security Act, 1980 (for short - the Act of 1980). He has challenged this order through this writ petition raising the grievance that the respondents have not passed the order in accordance with Jaw, matter has not been processed as required under the Act of 1980 and the grounds of detention are not germane for the passing of the order. These allegations have been seriously contested by Shri S.K. Seth, learned Additional Advocate General for State. Record of case has been produced in support of the submissions that detention is perfectly justified in the facts and circumstances of the case. The petitioner was afforded due opportunity to make representation and grounds of detention justify taking of action, confirmation thereof by the competent authority. 2. Order of detention is ...
Ramsingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-08-2001
Reported in: 2002(1)MPHT33
Uma Nath Singh, J. 1. The appellant has preferred the instant criminal appeal against the judgment and findings dated 18-1-1989, passed by the learned Special Judge and First Additional Sessions Judge, Tikamgarh, in Special Session Trial No. 34/84, whereby the accused has been convicted tor offence under Section 302, IPC and sentenced to life imprisonment. 2. Briefly narrated the facts of the case are that on 10-5-84 in the night at about 10.00 p.m., accused Ramsingh went to the house of deceased Heera, and asked for Ghee which being out of stock, was declined. A little thereafter, accused Ramsingh again came to the house of the deceased and took him along on pretext of discussing something, upto the house of Nandu Lohar and shot him in his chest. As a result, Heera collapsed and met instant death. The First Information Report was lodged by Balchandra (P.W. 1) son of the deceased on 11-5-84 at about 5.00 o'clock. The post-mortem of the dead body was conducted on 11-5-84 at 4.15 p.m. by...
Bhilai Engineering Corporation Ltd. Vs. Pragatisheel Engineering Shram ...
Court: Madhya Pradesh
Decided on: Nov-08-2001
Reported in: [2002(92)FLR642]; (2002)IVLLJ185MP
Fakhruddin, J. 1. The records of the Industrial Court has been received. 2. Respondent Union has filed return to the petition. It has also filed application seeking interim direction to both parties. 3. Respondent Union has also filed affidavits of workers. 4. Heard learned counsel Sarvshri P.S. Nair, N.S. Kale, N.C. Jain, H.N. Vyas, Rohit Arya, R.K. Gupta (JBP), Manindra Shrivastava, Ashish Shrivastava and Shri P.S. Koshy, for the employer Company and Shri Ranbir Singh and Shri Gautam Bhaduri, Government Advocates for the State and employees/Union by Shri Sujay Pal. It is pertinent to mention that in this case, hearing has been taken continuously from time to time and Shri Pal, Shri Kanak Tiwari and Shri R.K. Gupta (BSP) have also addressed the Court for employees/Union. 5. The Union/employees filed various petitions for reinstatement with back wages and the petitioner/employer company has filed this petition against the award dated October 16, 1999 passed by the Industrial Court, Rai...
Union of India Vs. Bharat Petroleum Corporation Ltd.
Court: Madhya Pradesh
Decided on: Nov-07-2001
Reported in: II(2002)ACC411; 2001(4)MPHT490
P.C. Agrawal, J. 1. Railway Claims Tribunal, Bhopal on 29-9-99 decided eight claims by a common judgment. O.A. No. 551/94 was one of them. A claim for Rs. 12199/-with interest @ 12% P. A. from the date of registration of the claim and with proportionate costs was also allowed. 2. It is not disputed that the respondent is a Government Company. On 29-8-1991 high speed diesel was loaded and booked from Bajuwa to Gwalior. The railway receipt No. 190952 was issued when consignment was to be carried on railway risk. When the tank wagon was received at Gwalior, both top and bottom seals were missing. In all 21186 litres of HSD was delivered to the respondent. A shortage/loss certificate was issued by the Chief Goods Supervisor, Central Railway. A claim for value of lost of 2654 litres of HSD was preferred for amount of Rs. 12181,00. Such a claim was repudiated by the railway on the ground that the RR was issued with an endorsement 'said to contain' and loading was not supervised by the railwa...
Tara Devi and ors. Vs. Shanker Prasad and ors.
Court: Madhya Pradesh
Decided on: Nov-07-2001
Reported in: 2002(1)MPHT40
P.C. Agrawal, J. 1. First Additional District Judge, Mudwara, Katni in Execution Case No. 56-A/72 (Baranglal since deceased through legal representatives v. Shanker Prasad) on 14-5-99 decided certain objections of the judgment debtor Shanker Prasad (since deceased through legal representative Nos. 1 to 8) who have been impleadcd in this appeal under Section 47 and Order 28 Rule 9 of the Code of Civil Procedure (to be called as Code only) and by impugned order set aside the decree under execution in Civil Suit No. 56-A/72 with a direction that condition contained in para (e) were not complied with and the sale deed dated 19-7-75 was cancelled, the execution was dismissed and possession of the legal representatives of judgment debtor was ordered to be restored. 2. Appellants being in suspense whether the impugned order amounts to a decree, filed this first appeal on 24-6-99. The respondent raised a preliminary objection that the impugned order being passed under Section 47 of the Code an...
Riyazul Raheem Vs. Raheem
Court: Madhya Pradesh
Decided on: Nov-07-2001
Reported in: 2002(1)MPHT43
P.C. Agrawal, J. 1. 11th Addl. District Judge, Jabalpur in M.J.C. No. 44/2000, Riyazul Raheem v. Raheem, on 8-3-2001 dismissed the application of the appellant under Order 9 Rule 13 of the Code of Civil Procedure (to be called as 'Code' only) for setting aside ex parte judgment and decree dated 19-3-99 in Civil Suit No. 41-A/98, Raheem Khan v. Riyazul Raheem and 4 Ors. 2. Appellant Riyazul Raheem had purchased house No. 641 (old No. being 561) situate upon Nazul block No. 99 plot 107 area 315 sq. feet, in Galgala Toriya, Bhartipur Tilak Ward, Jabalpur (to be called as suit house) from Wazir Khan (1), Mehmood Khan (2), Sultan Khan (3) and Jahagir Khan (4) by registered sale deed dated 8-1-98. Rahim Khan (respondent) had filed a Civil Suit No. 40-A/98 challenging the sale deed on the ground that he wasin open peaceful adverse possession of the same since 1960 and thus had perfected his title by adverse possession. The civil suit was decreed by ex parte judgment dated 19-3-99. The appella...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- Next ›
- Last »