Madhya Pradesh Court March 2001 Judgments
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Vishwamitra Pathak Vs. Ramlallu Bais and Another
Court: Madhya Pradesh
Decided on: Mar-07-2001
Reported in: 2001(4)MPHT43; 2001(3)MPLJ624
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 28-11-2000, Annexure P-4, passed by the Commissioner, Rewa Division, Rewa, the Election Tribunal under the M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as 'the Act').2. The facts as have been unfurled are that the petitioner instituted an election proceeding under Section 66-A of the Act before the respondent No. 2, challenging the election of respondent No. 1, for the office of Chairman of Krishi Upaj Mandi Samiti, Singrauli, Distt. Sidhi, on many a ground. After service of notice the respondent No. 1 entered appearance and filed his written statement contending, inter alia, that the election petition was devoid of substance and defective because of non-joinder of the parties and it was barred by limitation. Various assertions have been made ...
Mohan Singh Patel and Others Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-05-2001
Reported in: 2001(2)MPHT313; 2001(3)MPLJ671
ORDERS.C. Pandey, J. 1. This revision under Section 397/401 of the Code of Criminal Procedure is directed against the order dated 27-6-2000, passed by the Special Judge (appointed under the Scheduled Castes & Scheduled Tribes/Prevention of Atrocities/Act, 1989) (henceforth 'the Act'), as well as Additional Sessions Judge, Narsinghpur, in Sessions Trial No. 122/99.2. By the impugned order dated 27-6-2000, the applicants were directed to be made accused persons in exercise of powers under Section 319 of the Code of Criminal Procedure, for having committed murder of Jamna Bai wife of Rati Ram.3. It appears from the prosecution case that in the First Information Report lodged by Rati Ram in (he Police Station, Narsinghpur he had alleged that the murder of Jamna Bai was committed by the applicants. However, the prosecution did not accept the version of Rati Ram and lodged the charge-sheet against the accused Rati Ram, the husband of the deceased Jamna Bai.4. I have heard the learned counsel...
Midex Overseas Ltd. Vs. M/S Dewas Soya Ltd. and Another
Court: Madhya Pradesh
Decided on: Mar-05-2001
Reported in: 2001(3)MPHT140; 2001(2)MPLJ391
ORDERS.B. Sakrikar, J.1. The applicant/objector has directed this revision against order dated 26-8-2000 passed by the learned 3rd Addl. District Judge, Indore in M.J.C. 30/99, thereby allowing the application filed on behalf of the non-applicant No. 1 under Section 34(4) of the Arbitration & Conciliation Act, 1996 (for short the Act of 1996).2. Briefly stated the facts of the case are-That on the application of the non-applicant No. 1 under an Agreement of Arbitration between the present applicant and non-applicant No. 1, the non-applicant No. 2, Arbitral Tribunal has passed award dated 1-5-99, in connection with the dispute arose between the parties. On 15-7-99, the applicant/objector filed objections under Section 34(1) and (2) of the Act of 1996 and prayed for setting aside of the award dated 1-5-99 passed by the Arbitral Tribunal. On filing of the objections the non-applicant No. 1 filed an application under Section 34(4) of the Act of 1996, praying for adjournment of the proceedi...
Balwant Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-05-2001
Reported in: 2002CriLJ335; 2001(3)MPHT375; 2001(3)MPLJ414
ORDERS.P. Khare, J. 1. This is an application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code') for anticipatory bail. It relates to Crime No. 23/2001 of Police Station Multai, District Betul.2. The case has been registered under Section 7 of the Essential Commodities Act, 1955 (hereinafter to be referred to as 'the Act') for contravention of Clause 4 (c) of the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 hereinafter to be referred to as 'the Control Order') issued under Section 3 of the Act. Applicant Balwant is said to have been found selling kerosene at the rate of Rs. 8.50 per litre. According to the prosecution retail price of kerosene fixed under Control Order was Rs. 7.90 per litre. This offence is punishable under Section 7(1)(a)(ii) of the Act. The punishment provided for this offence is imprisonment which may extent to seven years.3. The first point which has been raised on behalf of the applica...
Sudhir Nisheet Onkar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-02-2001
Reported in: [2001(89)FLR1105]; (2001)IILLJ833MP
A.M. Sapre, J. 1. The challenge in this writ petition filed under Articles 226 and 227 of the Constitution of India by the petitioner is to an order dated April 9, 1999 (Annexure J), passed by a competent authority (Labour Court, Ratlam) under the provisions of Minimum Wages Act. Facts of the case lie in a narrow compass.2. Petitioner is an establishment to which the provisions of Minimum Wages Act applies. On June 5, 1995, an inspection was carried out in the business premises of petitioner with a view to find out whether petitioner is following the requirement of Act by paying wages to its employees. Since it was found that the petitioner is not following and hence an application was made by an Inspector under Section 20(2)(3) of the Act before the Authority (Labour Court, Ratlam). The petitioner was noticed and an inquiry into the allegations as to whether petitioner is liable to pay the minimum wages to certain employees working in the establishment and if so how much were gone int...
Krishi Upaj Mandi Samiti, Dabra, Distt. Gwalior and Another Vs. Presid ...
Court: Madhya Pradesh
Decided on: Mar-01-2001
Reported in: [2000(87)FLR629]; (2001)IILLJ464MP; 2001(3)MPHT24; 2001(2)MPLJ167
ORDERS.S. Jha, J. 1. Petitioner Krishi Upaj Mandi Samiti has filed this petition challenging the Award Annexurc P-17 passed by the Presiding Officer of Labour Court No. 1, Gwalior under the Industrial Disputes Act, 1947.2. 14 daily wages employees were retrenched by the petitioner Samili. Against the order of retrenchment, conciliation proceedings under Section 12 of the Industrial Disputes Act, 1947 (hereinafter, referred to as the 'Act') were initiated by the Assistant Labour Commissioner and on failure of conciliation proceedings, dispute has been referred by the Labour Commissioner, Madhya Pradesh, Indore to the Labour Court No. 1, Gwalior to decide the validity of termination of 14 workmen by the petitioner-society. The Labour Court Was also required to consider the reliefs for which the workmen are entitled for and the nature of directions to be issued to the employer. 3. The dispute has been answered by the Presiding Officer holding therein that the retrenchment of respondents 3...
Ku. Prachi Gupta Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-01-2001
Reported in: 2001(5)MPHT657
ORDERDipak Misra, J.1. By this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issuance of a writ of mandamus commanding the respondents not to consider the petitioner in the creamy layer but to consider her candidature for the seats reserved for Other Backward Classes and further to issue a direction to revert back 22 seats of General Category which has been transferred to the reserved category and in that event consider the candidature of the petitioner in the General Category and pass such order/orders as may be deemed fit and proper in the facts and circumstances of the case.2. Ordinarily this writ petition would have been dismissed without adverting to the points urged by the learned counsel for the petitioner for the simple reason that the Annexure P-1 which has been brought on record is not the exact copy of the original as has been produced by Mr. R.S. Jha, learned Dy. A.G. but remembering the concept justice has to ...
Lakhandas Manikpuri and anr. Vs. the Central Warehousing Corporation a ...
Court: Madhya Pradesh
Decided on: Mar-01-2001
Reported in: 2001(5)MPHT112
ORDERBhawani Singh, C.J.1. We propose to decide both the appeals (LPA No. 216/98 : Lakhandas Manikpuri v. Central Warehousing Corporation and Ors., and LPA No. 217/98 : Smt. Manjula Das v. Central Warehousing Corporation and Ors.) by this common judgment, since the question for consideration and decision are directed to almost on similar situation.2. Lakhandas Manikpuri v. The Central Warehousing Corporation and Ors. (LPA No. 216/98):The appellant was sponsored by Raipur Employment Exchange for interview for the post Sweeper to clean godowns etc., which was to take place on January 31, 1971, in the office of the Central Warehouse, Bhatapara, (Annexure P/l). Thereafter, the post of daily rated Sweeper at the rate of Rs. 75 per month (Consolidated) was offered to him. He was directed to bring the original educational certificates and registration of Employment Exchange Card at the time of joining the post by memorandum dated February 1, 1971 (Annexure P/2). The petitioner was appointed d...
NasrIn and anr. Vs. Govindram and ors.
Court: Madhya Pradesh
Decided on: Mar-01-2001
Reported in: 2003ACJ179
Shambhoo Singh, J.1. This appeal is directed by the claimants against the award dated 31.7.98 passed by Motor Accidents Claims Tribunal, Jaora, District Ratlam in Claim Case No. 46 of 1993.2. The case of the appellants is that on 6.5.1993 the deceased Rafik Khan, the husband of appellant No. 1 and father of appellant No. 2 went to the bus stand for going to Khachrod. He climbed the roof of the bus No. CPU 222 belonging to respondent No. 2 and insured with respondent No. 3 for keeping his luggage. Before he could get down from the roof of the bus, the respondent No. 1 drove the bus, as a result of which Rafik Khan fell down from the roof and sustained serious injuries and died in the way while being taken to hospital. He was aged about 20 years and was earning Rs. 30,000 per year.The appellant widow of the deceased for herself and on behalf of her minor son AH Hussain alias Gudda alias Tofik Khan as guardian, filed the Claim Case No. 46 of 1993 seeking compensation amount of Rs. 11,40,0...
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