Madhya Pradesh Court February 2001 Judgments
Ku. Veena Ambedkar Vs. Union of India and Others
Court: Madhya Pradesh
Decided on: Feb-28-2001
Reported in: 2001(2)MPHT336; 2002(1)MPLJ187
ORDERDipak Misra, J. 1. Invoking the extra-ordinary jurisdiction of this Court the petitioner has prayed for quashment of order dated 25-4-97 passed by the respondent No. 3 and further to issue a direction to allow the petitioner to attend the Eleventh WSES (Officers) Course commencing with effect from September, 1997 and to condone the age of the petitioner as she belongs to Scheduled Caste and for passing of such other order/orders as may be deemed fit and proper in the facts and circumstances of the case.2. The facts as have been unfolded in the writ petition are that an advertisement was published vide Anncxure P-1 inviting applications from unmarried females or issueless widows/divorcees candidates for grant of commission in the Indian Army. The petitioner submitted her application alongwith the documents in proof of her qualification and age on the due date i.e., 14-1-97 for undergoing Women Special Entry Scheme (Officers). The said application has been brought on record as Docum...
Tag this Judgment!Union of India and Another Vs. M/S Diamond Cements Narsingarh
Court: Madhya Pradesh
Decided on: Feb-28-2001
Reported in: II(2001)ACC280; 2001(3)MPHT430; 2001(3)MPLJ371
ORDERA.K. Mishra, J. 1. By this order, 7 Letters Patent Appeal Nos. 427/2000, 429/2000, 430/2000, 431/2000, 432/2000, 446/2000 and 447/2000 are being decided, as the question raised in these appeals is common and they have been filed against a common order passed in 7 Misc. Appeals dated 19-8-99 by the Single Bench of this Court.2. Seven Review Applications were filed before the Railway Claims Tribunal (hereinafter referred to as the 'Tribunal') being Review Application Nos. 22/98, 23/98, 24/98, 25/98, 26/98, 27/98 and 29/98. It appears that before the Tribunal, the review was sought of the orders passed in the aforesaid matters which arose respectively out of O.A. Nos. 398/94, 42/95, 44/95, 45/95, 49/95, 50/95 and 47/95. All those O. As. were decided by the Division Bench of the Tribunal consisting of Shri V. Padmanabha Kedilaya, Member (Judicial) and Shri Brijendra Prasad, Member (Technical). On the basis of compromise entered into between the parties, order was passed on 9-12-97 dec...
Tag this Judgment!Dewas Die Castings Pvt. Ltd. Vs. Deputy Commissioner of Sales Tax, Ujj ...
Court: Madhya Pradesh
Decided on: Feb-28-2001
Reported in: [2001]123STC548(MP)
ORDERA.M. Sapre, J.1. The decision rendered in this petition shall govern the disposal of other petition being W.P. No. 1677 of 1993 as in both these petitions common question of law is involved and secondly, both are filed by the same petitioner.2. The only question that falls for consideration in the petition is, whether assessing authority and revisionary authority were justified on facts in holding that the petitioner is liable to pay Central sales tax on certain goods used in execution of works contract effected by the petitioner in the course of inter-State trade or/and commerce The disputes arose on the facts stated infra.3. The petitioner is a dealer as defined under the M.P. General Sales Tax Act (since repealed) as also under the Central Sales Tax Act. It is engaged in the business of manufacture and sale of machinery parts. The petitioner also undertakes the execution of job-work of various parties having their place of business out of State of M.P., who supply raw material ...
Tag this Judgment!Ramesh Chandra Bhagat Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-28-2001
Reported in: 2001(5)MPHT662
ORDERDipak Misra, J.1. In this writ petition the petitioner, an ex-service man, has called in question the pregnability of the order passed by the State Government fixing the premium in respect of the land allotted in his favour.2. The facts as have been unfurled are that the petitioner was recruited in the Indian Army as Telecom Technician in the Corps of Signals in the year 1970. He was deployed with his unit to combat 1971 Indo Pak war and had also spent considerable time on posting in field area on the territorial line of Indo Tibet Border. While serving in Indo Tibet Border he suffered severe fatal injury during Sugar Sector Operations and after sustained treatment he was declared medically unfit and was recorded as a disabled person. It is pleaded in the petition that he has been receiving regular pension as well as disability pension under the Indian Army Act and Rules framed thereunder. As averred in the writ petition the State Government issued a circular No. 2069-680-Aa-72 da...
Tag this Judgment!Sharif Khan Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Feb-27-2001
Reported in: 2001(2)MPHT303; 2001(2)MPLJ335
ORDER1. Heard the learned counsel for the petitioner as well as the learned counsel representing the respondent/State.2. Perused the record. 3. A special drive for the recruitment of the candidates belonging to the reserved category was initiated by the State Government for filing up the vacancies which stood reserved for such candidates but were lying unfilled. The petitioner who belongs to O.B.C. category was selected by the duly constituted selection committee for being appointed as against the vacancy on the post of Assistant Grade III. A copy of the select list was sent for the implementation to the Executive Engineer, Sindh Pariyojana Pucca Bandh, Division Manikheda Camp Shivpuri by the Collector, Shivpuri.4. The petitioner, however, was nol granted any appointment on the basis of the select list, he, therefore filed an application under Section 19 of the Administrative Tribunals Act, claiming a direction requiring the respondent-authorities to appoint him as against the vacancy ...
Tag this Judgment!Sunil Masih Vs. Elizabeth Daisy Masih and Another
Court: Madhya Pradesh
Decided on: Feb-27-2001
Reported in: AIR2001MP226; II(2001)DMC53; 2001(3)MPHT220; 2001(2)MPLJ401
Bhawani Singh, C.J. 1. It is confirmation of judgment and decree dated 14-3-1997 in Civil Suit No. 18-A of 1994 passed by Additional District Judge, Sidhi under Section 10 of the Indian Divorce Act, 1869 (for short 'the Act') dissolving marriage between Sunil Masih and Smt. Elizabeth Daisy Masih and awarding Rs. 50,000.00 as damages under Sections 34/35, which is sought under Section 17 of the Act.2. Marriage between Sunil Masih and Smt. Elizabeth Daisy Masih was solemnized according to the Christian religion at Arch Highsys of Kolkata Church of Christ the King. Out of the wedlock, three children are born. Allegation of Sunil Masih is that Smt. Elizabeth Daisy Masih developed illicit relations with Paramjit Singh for the past one year. In his absence, Paramjit Singh would come to his house and have illicit relations with Smt. Elizabeth Daisy Masih. On 9-9-1993, when they were involved in illicit relations, he along with his neighbours reached his house and caught both of them red hande...
Tag this Judgment!Raghavendra Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-27-2001
Reported in: 2001(5)MPHT589
C.K. Prasad, J.1. Appellant alongwith his father accused Bhuvneshwar were put on trial for offence under Section 302/34 and 201 of the Indian Penal Code. Second Additional Sessions Judge, Chhindwara by Judgment dated 6-1-1989 passed in Sessions Trial No. 136/86 acquitted the appellant of the charge under Sec. 201 hut has found him guilty of offence under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life, whereas his father has been acquitted of both the charges. Appellant being aggrieved by his conviction and sentence, has preferred this appeal.2. It is an admitted position that deceased Maya was the wife of the appellant and they were married about 11 months prior to the date of incident. It is further an admitted position that the deceased was a teacher posted at Parasia whereas appellant was also a teacher posted at village Mungwani and he used to visit his wife at village Parasia. It is further not in dispute that P.W. 2 Narendra Kumar...
Tag this Judgment!Urmila Devi and 2 ors. Vs. Sukhdev Singh and anr.
Court: Madhya Pradesh
Decided on: Feb-27-2001
Reported in: 1(2002)ACC157
ORDERUsha Shukla, J.1. Appellants are the widow and minor children of one Mahendra Chaturvedi, who died in an automobile accident on 10th May, 1989. They filed a petition for compensation before the Motor Accident Claims Tribunal, Rewa which was registered as Claim Case No. 100/1991. On 18.9.1992 this case was dismissed for default in appearance of the claimants and their Counsel. The claimants applied for restoration of the case under Order 9 Rule 9, C.P.C., but the IVth Additional Motor Accident Claims Tribunal dismissed this petition also holding that the petitioners had failed to establish sufficient cause for their non-appearance. This order of the Additional Motor Accident Claims Tribunal has been challenged before this Court.2. The learned Counsel for the appellants argued that the appellants were the young widow and minor children of the victim. The widow herself was only aged about 22 years at the time of the accident and the children were in their infancy. The date on which t...
Tag this Judgment!Prof. Girish Kumar Vs. M.P. State Road Transport Corporation and Anoth ...
Court: Madhya Pradesh
Decided on: Feb-26-2001
Reported in: 2001(3)MPHT22; 2001(3)MPLJ33
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award dated 24-6-1993 of the Additional Motor Accident Claims Tribunal, Seoni in Claim Case No. 48 of 1992. 2. Accident took place on 12-8-1996 on National Highway No. 7. The claimant suffered injuries to his leg and over medial of left clavicle and damage to Luna on which he was moving at the relevant time. Allegation is that the bus No. MBW 1389 owned by M.P. State Road Transport Corporation anddriven by Prabhudayal rashly and negligently hit the Luna of the claimant resulting in the accident and injuries to his person. As a result of this accident, claimant had to take treatment at Jaslok Hospital and Bhiwandi (Bombay) for about eight months. Claimant has filed cash memos with respect to expenditure on treatment, total amount of which is Rs. 35,000.00. Total claim for Rs. 1,13,500.00 was raised by the claimant.3. The case of the respondents is that bus was being driven with reasonable speed and with care. It was the cla...
Tag this Judgment!State of M.P. Vs. Prafulla Chandra Bandopadhyaya and Another
Court: Madhya Pradesh
Decided on: Feb-26-2001
Reported in: 2001(4)MPHT132; 2001(3)MPLJ429
ORDERA.K. Mishra, J. 1. Respondent No. 1 Prafulla Chandra Bandopadhyaya was inducted in service in the year 1965 as Subedar in the 3rd Battalion of the Special Armed Force. He was appointed as Assistant Public Prosecutor with effect from 15-12-1969 as per Gazette notification dated 3-12-1969. He was sent on deputation to the Special Police Establishment, Lokayukt, Madhya Pradesh in the year 1985. On completion of requisite period, time bound promotion was given to him in the pay-scale of Assistant Public Prosecutor, Grade-I. This time bound promotion was given with retrospective effect vide order dated 13-7-1989. At this time the respondent No. 1 was also holding the promoted post of Assistant Public Prosecutor, Grade-I to which he was promoted vide order dated 11-11-1987 on adhoc basis. He was retired on 13-7-89 on attaining the age of superannuation. The order pursuant to which time bound promotion was given, was passed by the parent department of respondent No. 1, i.e., the police d...
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