Madhya Pradesh Court April 2001 Judgments
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Brijbasi Lime Works Vs. Assistant Provident Fund Commissioner and anr.
Court: Madhya Pradesh
Decided on: Apr-10-2001
Reported in: [2001(90)FLR1060]; (2001)IILLJ1669MP; 2001(5)MPHT98; 2001(3)MPLJ81
Arun Mishra, J.1. The appellant manufactures lime and is registered under the Small Scale Industry. The Assistant Provident Fund Commissioner issued a notice to the appellant under Section 7(a) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act'). In reply thereto, the information was submitted by the appellant in Form 3-A and 6-A for the period 1983-1984 to 1989-1990.2. It is not in dispute that the appellant industry was voluntarily extending the provident fund benefit to some of its employees under the provisions of the Act. The appellant in reply contended that the lime industry does not fall within the purview of the Act as the lime cannot be termed to be 'heavy and fine chemical' as mentioned in Schedule I to the Act. Without deciding this objection, liability was saddled. An appeal was preferred under Section 7(d) of the Act before the Employees' Provident Fund Tribunal. The appeal was partly allowed. The submission that...
M.T. and Sons and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Apr-09-2001
Reported in: AIR2001MP214
ORDERDipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for calling for the entire record from the possession of the respondents which is led to the issuance of impugned Circular dated 26-4-99 and notices dated 10-12-99 and further to issue writ of certiorari for quashment of the circular, the notices and also the order dated 18-2-2000, Annexure P.7. A further prayer has been made to declare that the increase of 12% of the licence fees by the Railways is unjust, unreasonable and arbitrary and to restrain the respondents from collecting at the increased rate.2. Sans unnecessary details, the facts which are essential for disposal of the present writ petition are that the petitioners are holding licences for catering, tea stall, refreshment rooms at various Railway Stations in Bhopal Division. They have been undertaking the contract for more than last 10 years. They have entered into agr...
Shiv Kumar Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Apr-09-2001
Reported in: 2001(5)MPHT619; 2001(2)MPLJ464
ORDERDipak Misra, J.1. Election for the post of Sarpanch of Gram Panchayat Kheri was held in accordance with the provisions enshrined under Madhya Pradesh Panchayat Adhiniyam, 1993 (hereinafter referred to as 'the Act') and one Rajesh Mohan Jhikram was elected as Sarpanch. For some reason he resigned from the post of Sarpanch as a result of which the said post fell vacant. To fill up the vacancy the Secretary of Gram Panchayat called a special meeting of the Panchs. Three members namely, Shiv Kumar, the present petitioner, Durga Prasad, the respondent No. 3 and Gyani, the respondent No. 4 contested for the said post which was to be filled up as a temporary measure. Twenty members participated in the voting and presiding officer after counting the votes declared the respondent No. 3 to be successful. As the petitioner had a grievance he filed an application under Section 122 of the Act before the Sub Divisional Officer. The said, authority entertaining the application under Section 122 ...
Smt. Pallvika Patel Vs. State Election Commission and Others
Court: Madhya Pradesh
Decided on: Apr-04-2001
Reported in: AIR2001MP306; 2001(3)MPHT366; 2001(2)MPLJ470
ORDERBhawani Singh, C.J. 1. Smt. Pallvika Patel was elected President, Nagar Panchayat, Anooppur, District Shahdol in December, 1997. This Nagar Panchayat comprises of 15 elected members besides the petitioner, apart from nominated Members of House of People, Member of Legislative Assembly elected from Anooppur Assembly Constituency, -- thus taking the total membership of the Nagar Panchayat to 19. The term of office of the President, Nagar Panchayat is five-year from the date of its meeting. By now, the petitioner has completed three years.2. Section 47 (unamended) of the M.P. Municipalities Act, 1961 (for short 'the Act of 1961') provided for No Confidence Motion against the President of the Nagar Panchayat. It could be moved in a meeting specially convened for the purpose under sub-section (2) of Section 47 and if the same was carried by a majority of more than 3/4th of the elected Councillors, present and voting in the meeting and if such majority was more than 2/3rd of the total n...
Ahshan Khan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-04-2001
Reported in: II(2001)DMC341; 2001(4)MPHT328; 2001(2)MPLJ383
S.P. Srivastava, J.1. The appellant, who stands convicted under Section 306, IPC and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. 1000/-, providing that in case of default in deposit of fine he has to undergo six month's simple imprisonment, has now come up in appeal praying for the setting aside of the impugned order and for his acquittal.2. I have heard the learned counsel for the appellant as well as the learned Government Advocate representing the State and have carefully perused the record.3. The appellant had been married with Shahnaz Bano alias Seema. Seema was found dead on 25-4-92 in her room which was locked from inside. She was aged about 19 years at that time while the present appellant was aged 24 years. The First Information Report was recorded on 25-4-92 at about 17.15 hours in which the time of incident was disclosed to be 2.00 O'clock in the afternoon. After recovery of the dead body of Seema it was sent for post-mortem. In the post-mor...
Babu Lal JaIn and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2001
Reported in: 2001(5)MPHT338; 2001(3)MPLJ321
ORDERDipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioners have prayed for issue of appropriate writ for quashment of the proceeding in question and the decision taken by the respondents which has led to passing of the impugned order of confiscation of the wooden slabs belonging to them and further to grant any other relief as may be deemed fit and proper in the facts and circumstances of the case.2. The facts as have been unfolded are that the petitioner No. 1 is a resident of village Garhi Tah. Gairatganj, Distt. Raisen and is the father of petitioner No. 2 who is a resident of Bhopal. The said petitioner with a view to construct a house, purchased a plot in Bhopal from J.P. Grah Nirman Samiti. One Dheeraj Kumar resident of village Garhi Tah. Gairatganj, Distt. Raisen, intended to sell that superstructure. The petitioner No. 1 purchased that superstructure because it had lot of wooden structure....
All India State Bank Group SC/ST Employees' Welfare Federation and Ors ...
Court: Madhya Pradesh
Decided on: Apr-04-2001
Reported in: 2001(5)MPHT610; 2001(3)MPLJ561
ORDERS.K. Kulshrestha, J.1. By this petition, the petitioners have called in question the selection made by the respondents for promotion from the Award Cadre to the supervisory Cadre Junior Management Grade Scale I and they seek a mandamus for quashing the selection of the candidates from general category and for holding examination afresh.2. Petitioner No. 1 represents the interest of the Schedule Caste and Schedule Tribes employees of the State Bank of India. Petitioners No. 2,3,4 and 6 belong to Schedule Caste while petitioners No. 5,7 and 8 to Schedule Tribes and were eligible for promotion to the officers' scale J.M.G.-I. According to the petitioners, under the Government of India scheme for reservation of vacancies for S.C. and S.T. employees, 15% vacancies are reserved for S.C. and 7-1/2% for S.T. Besides the above policy, provision for relaxation of 5% marks in the written examination and 10% marks in interview has been made and in this behalf, the petitioners have filed circu...
Ramnath Vs. Prasanna Kumar JaIn and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2001
Reported in: 2003ACJ1011
Bhawani Singh, C.J. 1. This group of ten cases (M.A. No. 923 of 1998-Ramnath v. Prasanna Kumar Jain M.A. No. 924 of 1998-Parvati Bai v. Prasanna Kumar Jain M.A. No. 832 of 1998- Harishankar v. Prasanna Kumar Jain M.A. No. 833 of 1998-Sumitra Bai v. Prasanna Kumar Jain M.A. No. 834 of 1998-Har Prasad v. Prasanna Kumar Jain M.A. No. 886 of 1998-Laxman v. Prasanna Kumar Jain M.A. No. 887 of 1998-Praveen Kumar v. Prasanna Kumar Jain M.A. No. 889 of 1998-Geeta Bai v. Prasanna Kumar Jain M.A. No. 890 of 1998-Kali Bai v. Prasanna Kumar Jain and M.A. No. 891 of 1998-Laxman v. Prasanna Kumar Jain) are proposed to be decided by this judgment since they arise out of the same accident and common award dated 19.3.98 of the Motor Accidents Claims Tribunal, Sagar. Before dealing with the submissions advanced by learned Counsel for both the parties, brief narration about the accident taken from Parvati Bai v. Prasanna Kumar Jain (M.A. No. 924 of 1998) may be given.2. On 7.5.1995, the minor Neelu (dece...
Sardarsingh and ors. Vs. Balchand @ Raju and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2001
Reported in: II(2002)ACC200
Shambhoo Singh, J.1. This appeal is directed by the claimants against the award dated 17.1.1997 passed by 1st M.A.C.T., Neemuch in Claim Case No. 7/1996 whereby the non-applicant/respondent Insurance Company was exonerated from paying compensation and non-applicants/respondent Nos. 1 and 2, were directed to pay compensation of Rs. 1,36,000/- with interest at the rate of 12% per annum.2. The facts of the case, in brief, are that on 14.11.1995 Kishanlal Banjara, the father of appellant No. 1 and son of appellant Nos. 2 and 3 was travelling in jeep No. M.P. 14B-7188, belonging to respondent Nos. 2 and 4 and insured with respondent No. 3 and driven by respondent No. 1. This jeep met with an accident near village Digaon in Mandsaur District, as a result of rash and negligent driving by respondent No. 1 wherein the deceased Kishanlal sustained injuries and died. The appellants filed claim case seeking compensation of Rs. 15,27,000/-. The respondents resisted the claim. Respondent No. 3 Insur...
United India Insurance Co. Ltd. Vs. Dhapubai and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2001
Reported in: II(2002)ACC29
Shambhoo Singh, J.1. This appeal is directed by the non-applicant Insurance Company against the award dated 13.2.1997 passed by the Additional Motor Accident Claims Tribunal, Ratlam, in Claim Case No. 124/1995.2. The claimants'/respondents' case was that on 27.5.1995 the deceased Laxman, husband of the non-applicant No. 1 and father of non-applicant No. 2 was going on his motor-cycle M.P. 24-D 2616 along with Gordharm. Near village Sejavda, respondent No. 4 came from opposite direction driving Jeep No. G. 8403, owned by the respondent Nos. 3 and 4 and insured with the appellant, in rash and negligent manner, and dashed against the motor cycle as a result of which Laxman died on the spot. The deceased was farmer. The claimants filed claim case seeking compensation of Rs. 4,00,000/-. The respondents resisted the claim. It was averred that the owner and Insurance Company of the motor-cycle were necessary parties. The appellant/non-applicant inter alia averred that the respondent No. 5 was...
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