Madhya Pradesh Court March 2001 Judgments
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Sae Mazdoor Union, Jabalpur Vs. the Labour Commissioner, Indore and Ot ...
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: 2001(3)MPHT200; 2002(3)MPLJ249
ORDERS. K. Kulshrestha, J. 1. The petitioner Union seeks a writ for quashing the order dated 27-12-2000 (Annexure P-1) passed by the first respondent, by which the permission granted to respondent No. 2 for lay-off by order dated 24-10-2000 has been maintained with the modification with regard to the period of lay-off. The petitioner is a Trade Union registered under the provisions of the Trade Unions Act, 1926, and claims that majority of workmen of respondent No. 2 are its members. It is stated that respondent No. 2 employs more than 100 workmen attracting the applicability of the M.P. Industrial Relations Act, 1960, and is required to follow the provisions of Chapter V-B of the Industrial Disputes Act for any intended lay off. It is alleged that without serving a copy of the application, respondent No. 2 made an application to respondent No. 1 on 14-9-2000 seeking permission to lay-off its employees and without service of any notice on the petitioner Union, respondent No. 1 proceede...
Kadam Lal Vs. Surendra Kumar and Others
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: 2001(4)MPHT186
ORDERBhawani Singh, C.J. 1. This appeal is directed against award dated 29-3-1996 of the Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 105 of 1995. 2. Sanat Kumar (deceased) was Mason earning Rs. 35.00 per day. Accident took place on 6-8-1983 when he was going with Bakridi on cycle from Ghantaghar to his house and was hit by truck bearing registration No. CPK 7714 driven by Driver Harilal, owned by Surendra Kumar and insured with the Oriental Fire and General Insurance Company Limited, Shastri Bridge, Jabal-pur. As a result of accident, deceased Sanat Kumar suffered serious injuries causing his death on the same day in the hospital. Claimants are parents of the deceased. They have claimed compensation of Rs. 2,72,000.00 for the death of their son alleging that the accident took place due to rash and negligent driving of the truck by the driver. 3. Respondent 1 has admitted that he owned the truck in which Harilal was the driver but stated that it was not being ...
Union of India (Uoi) Vs. Primo Pick N. Pack Limited
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: 2002(142)ELT562(MP); 2001(5)MPHT95; 2001(3)MPLJ50
Arun Mishta, J.1. The present Letter Patent Appeal has been preferred by the Union of India and others, aggrieved by the order dated 15-12-2000 passed by learned Single Judge in Writ Petition No. 4486/99 [2001 (129) E.L.T. 296 (MP.)]. The learned Single Judge has allowed the writ petition and the order dated 2-8-1993, 11-5-1994 and 9-3-1999 disallowing the inputs credit as contained in Annexure P-15, P-18 and P-20 have been quashed and the competent authority has been directed to verify the records and as appropriate order in consonance with law laid down in the case of Gilt Pack Limited v. The Assistant Collector, Central Excise, Indore-1994 (69) Excise Law Times 222 (M.P.) decided by the Madhya Pradesh High Court.2. The respondent-Company submitted its representation on 8-5-1986 to the Assistant Collector to ascertain the exact nature of the produce and to give it proper classification and till the classification is made, the respondent agreed to be assessed provisionally as per the ...
Hajarilal Vs. Smt. Chandrakala
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: II(2001)DMC150
S.B. Sakrikar, J. 1. Applicant (appellant) has directed this appeal against the judgment and the decree dated 30.8.2000 passed by IIIrd ADJ, Ujjain in Civil Suit, No. 78A /95, thereby dismissing the petition filed on behalf of the appellant for grant of divorce against the respondent under the provisions of Section 13 of the Hindu Marriage Act.2. The facts of the case in brief are that the appellant has filed a petition before the Trial Court against the respondent for grant of a decree of divorce oh the ground of desertion and cruel behaviour of the respondent under the provisions of Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act. On service of notice of the respondent, she opposed the application on various grounds. On behalf of the respondent the objection with regard to the jurisdiction of the Trial Court was also raised. The learned Trial Court, on the pleadings of the parties, framed issues and recorded the evidence of both the parties. The learned Trial Court, by th...
Ku. Bharti Singh Vs. State of M.P. and 3 ors.
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: 2001(5)MPHT102
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Sidhi, in Claim Case No. 49/94, dated 13-11-1995.2. Kumari Bharti Singh (claimant) was a regular student of B.A., Part II in Government College, Waidhan. On 3-2-94 at 12-30 p.m. when she came out from the College to road for going to her house jeep No. CPZ 4160 driven rashly and negligently by Banwari Sai (driver) hit her. She fell down and sustained serious injuries on her body including fracture to femur. She fell unconscious. Matter was reported to the Police Station, Waidhan by Arvind Kumar Singh and claimant shifted to the hospital. The injuries suffered by the claimant were serious, the doctor at Waidhan hospital advised taking the claimant to District Hospital, Sidhi. However, the father of claimant admitted her in N.C.L. Hospital, Waidhan for treatment where the doctor, looking to the condition of the claimant, advised for taking her to Banaras. Accordingly, the claimant was...
Dhannalal Vs. Smt. Kalavatibai and ors.
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: 2001(2)MPLJ349
ORDERS.B. Sakrikar, J.1. This Order shall govern the disposal of the aforesaid revisions arising out of the eviction orders passed against the applicants on two separate applications filed on behalf of the respondent-landlords Under Section 23-A of the M.P. Accommodation Control Act (for short the Act'). In the aforesaid revisions some common questions of law are raised on behalf of the petitioners and the petitions are also based on some common facts as such the petitions are being disposed of by common order.2. In both the revisions applicant-tenants have directed revisions Under Section 23-E of the M.P. Accommodation Control Act against the order passed by the RCA Indore respectively dated 21-1-1997 in case No. A-90 (7)/ 57/95 and order dated 3-12-98 in Case No. A-90(7)/56/95.3. Briefly stated the facts of the case are that the non-applicants are the landlords and owners of the house No. 184 situated in M.T. Cloth Market Indore. It is stated that on the ground floor of the said hous...
Reeta Mical and ors. Vs. Madhya Pradesh State Road Trans. Corpn. and a ...
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: 2003ACJ473
Bhawani Singh, C.J.1. Both these appeals (M.A. No. 906 of 1996: Reeta Mical v. Madhya Pradesh State Road Trans. Corporation and M.A. No. 891 of 1996: Madhya Pradesh State Road Trans. Corporation v. Reeta Mical) are proposed to be decided by common judgment since they arise out of the common award-one filed by M.P. State Road Transport Corporation against the award and the other by the claimants for enhancement of compensation.2. Andrews Mical (deceased) was 30 years old at the time of accident. He was an electrician. He died in motor accident that took place on 7.12.1993 when the deceased was going on bicycle along with his friend Joseph from Surana Motors, Bhopal towards Bairagarh side. Bus No. CPW 6980 owned by M.P. State Road Transport Corporation coming from Bhopal side driven rashly and negligently by its driver came and hit the deceased. He fell down and sustained serious injuries including head injury. After committing the accident the driver ran away. Deceased was shifted to Ha...
Bharti Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-15-2001
Reported in: 2003ACJ483
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Sidhi, in Claim Case No. 49 of 1994, dated 13.11.1995.2. Bharti Singh (claimant) was a regular student of B.A., Part II in Government College, Waidhan. On 3.2.1994 at 12.30 p.m. when she came out from the college to road for going to her house, jeep No. CPZ 4160 driven rashly and negligently by Banwari Sai (driver) hit her. She fell down and sustained serious injuries on her body including fracture to femur. She fell unconscious. Matter was reported to the Police Station, Waidhan by Arvind Kumar Singh and claimant was shifted to the hospital. The injuries suffered by the claimant were serious, the doctor at Waidhan Hospital advised taking the claimant to District Hospital, Sidhi. However, the father of claimant admitted her in N.C.L. Hospital, Waidhan for treatment where the doctor, looking to the condition of the claimant, advised for taking her to Banaras. Accordingly, the claimant was...
Dilip Kumar Sharma and Another Vs. Indian Oil Corporation and Others
Court: Madhya Pradesh
Decided on: Mar-14-2001
Reported in: AIR2001MP218; 2001(2)MPHT315; 2001(2)MPLJ205
ORDERS.P. Srivastava, J.1. Heard the learned counsel for the appellant.2. Perused the record.3. The petitioner-appellant had filed the writ petition giving rise to the present appeal praying for quashing of the allotment of the L.P.G. Distributorship in favour of respondent No. 3, Kamlesh Kumar and requiring the Indian Oil Corporation as well as the Oil Selection Board implcaded as respondent Nos. 1 and 2 in the present appeal to reconsider his case for the grant of L.P.G. Distributorship in the light of his qualifications and long period of unemployment.4. The aforesaid writ petition was dismissed by a learned Single Judge of this Court vide the impugned order.5. Feeling aggrieved the petitioner has now come up in appeal seeking setting aside of the impugned judgment and order passed by the learned SingleJudge and quashing of the selection/appointment of respondent No. 3 as a L.P.G. Distributor. It has also been prayed that a direction be issued for holding a fresh selection/appointme...
Kishan Singh Ahluwalia Vs. Sheela Saxena and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2001
Reported in: AIR2001MP250; 2001(4)MPHT300; 2001(2)MPLJ117
R.B. Dixit, J. 1. The subject matter in this Letters Patent Appeal arises out of the Probate proceedings numbered as Probate Case No. 71/87, whereunder, respondent Smt. Sheela Saxena had filed an application dated 14-7-1987 under Section 276 of the Indian Succession Act praying for issue of letter of Administration annexed with the Will dated 4-6-1987, claimed to have been executed by Smt. Rajendra Kaur alias Harisnaran aged about 85 years in her favour and infavour of Navecn Kumar, her son as well as Balbir Bava, her sister, Smt. Rajendra Kaur, the testatrix had died on 25-6-1987.2. The learned Trial Court by order dated 25-6-90 allowed the application and granted letter of Administration in favour of Smt. Sheela Saxena. However, in Misc. Appeal No. 102/90, preferred by another daughter of testatrix Shakuntala Jhamb, the order dated 25-9-96, was set aside with the direction of remanding the matter back to the Court below providing however, that before rehearing the matter, other heirs...
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