Madhya Pradesh Court January 2002 Judgments
Mohd. Umar S/O Bilal Vs. Ashok S/O Dattatray Nayak and anr.
Court: Madhya Pradesh
Decided on: Jan-31-2002
Reported in: 2002(3)MPHT218; 2002(2)MPLJ139
ORDERA.K. Gohil, J.1. Applicant-tenant has filed this civil revision under Section 23E of the Accommodation Control Act, against the order dated 18-3-99, passed by the Rent Controlling Authority, Indore, in Eviction Case No. A-9(7) 13/99, allowing the application of the landlord/non-applicant No. 1 and directing the applicant to vacate the suit premises within a period of two months.2. Brief facts of the case are that the applicant is a tenant of non-applicant No. 1 in one shop consisting of two rooms, situated at House No. 39, Bakshi Gali, Ward No. 45, Indore, and doing the business of selling vegetables in wholesale, since last 20 years. The accommodation is non-residential, the tenancy is oral. This is not in dispute that the applicant is a tenant in the disputed accommodation for the last 40-50 years and initially the rent was Rs. 16/-, which was subsequently enhanced from time to time and at present the same is Rs. 100/- p.m. from the year 1994.3. The non-applicant/landlord is a r...
Tag this Judgment!Ramprasad and ors. Vs. Amra S/O Kishna (Deceased) Through L.Rs. and or ...
Court: Madhya Pradesh
Decided on: Jan-31-2002
Reported in: 2002(3)MPHT197; 2002(2)MPLJ101
A.K. Gohil, J.1. This second appeal was admitted on the following substantial question of law:-'Whether on the fats and in the circumstances of the case the Appellate Court committed an error of law in holding that the plaintiff perfected his title to the suit land by adverse possession, although the land stands recorded in the name of the father of the parties ?'2. Brief facts, for the disposal of this second appeal are that the respondent Amra filed suit for declaration and permanent injunction on the ground that in Village Goriakhedi, agricultural land bearing Khasra No. 134, Survey No. 22 having the area of 10.071 acres and assessed to land revenue Rs. 48.7 which has been recorded in the name of plaintiff and defendant, jointly. Appellants/defendants are the sons and daughters of late Nanda, who was the brother of plaintiff. The contention of respondent/plaintiff Amra in the plaint was that aforesaid khata was partitioned by their father Kishna between Amra and Nanda. It was furthe...
Tag this Judgment!Manoj Malviya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-30-2002
Reported in: 2002(2)MPHT150
N.S. Azad, J. 1. Arguments heard.2. A perusal of certified copy of order dated 6-8-2001 passed by First Additional Sessions Judge, Chhindwara, in Criminal Revision No. 89/2001 filed by this petitioner, reveals that petitioner's application under Section 457 of Cr.PC stood disallowed and rejected by Shri U.K. Shukla, J.M.F.C, Chhindwara on 28-4-2001, by order passed in Criminal Case No. 53/2001. It is also found disclosed on perusal of aforesaid order that this petitioner wanted to obtain on supurdagi, Auto No, MP 28-T/0540 belonging to him, which was seized in Criminal Case No. 104/2001 of Police Station, Chandameta for offence punishable under Section 34-A of the M.P. Excise Act. While disposing of Criminal Revision No. 89/2001, in rejection, it is observed by first Additional Sessions Judge, Chhindwara, that a total of 53,680 ml. liquor is seized from the aforesaid vehicle, and hence, as provided under Section 41, so also 47-A of the M.P. Excise Act, the Collector may order confiscat...
Tag this Judgment!Nandlal Yadav Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-30-2002
Reported in: 2002CriLJ2184; 2002(2)MPHT144
U.N. Singh, J. 1. This is an appeal from the judgment and findings recorded by the learned Sessions Judge, Tikamgarh, in the Sessions Trial No. 112/87, whereby the accused/appellant was convicted of offences under Sections 376 and 342 and sentenced to 5 years R.I. and 1 year R.I. respectively.2. Succinctly narrated the facts of the case are that appellant Nandlal Yadav was working as a Meth (Supervisor), being the incharge of supply ofmaterials, in a construction work of a hospital, at Village Vaisa, where prosecutrix Harbu (also referred to by name 'Awadh') was also working as a labourer. On the date of incident i.e., 2-4-87 at about 12 o'clock in the day time, the appellant asked the prosecutrix to bring some utensils from his house situated at a distance of about a furlong from the place of work. At that time a number of other labourers including Chiman (P.W. 4) were also present. When the prosecutrix went inside a rear side room of the house to bring utensils, the appellant, taking...
Tag this Judgment!Sanjiv Kumar Patel Vs. Janpad Panchayat and anr.
Court: Madhya Pradesh
Decided on: Jan-29-2002
Reported in: 2002(5)MPHT477; 2002(2)MPLJ304
ORDERArun Mishra, J.1. In these writ petitions common order passed by the Collector is challenged. Petitioners assail the orders of their removal; they were appointed as contract teachers category IInd and IIIrd. Petitioners submit that M.P. Panchayat Sanvida Shala Shikshak (Appointment and Condition of Service) Rules, 2001 provides for method of appointment of contract teachers. An advertisement was issued for appointments of contract teachers in category IInd and IIIrd. There are 32 posts of Category IInd and 40 posts of Category IIIrd. Petitioners applied for appointment in their respective categories IInd/IIIrd; they were declared selected; Janpad Panchayat issued orders of appointment in different schools; petitioners joined the services and they were working to the satisfaction. All of a sudden on 3-11-2001 an order dated 23-10-2001 issued by the Chief Executive Officer was served intimating them that their appointment orders were cancelled in view of the letter of the Collector ...
Tag this Judgment!Anand Kumar JaIn Vs. District Consumer Disputes Redressal Forum, Bhopa ...
Court: Madhya Pradesh
Decided on: Jan-28-2002
Reported in: 2002(2)MPHT430; 2002(3)MPLJ594
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 19-9-1996 passed by the National Consumer Disputes Redressal Commission, New Delhi, Annexure P-3 whereby the said Commission in Revision No. 294/1996 affirmed the order dated 25-6-1994 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal in Appeal No. 350/93 whereby the State Commission had confirmed the order dated 4-6-1993 passed in Consumer Case No. 91/1992 by the District Consumer Redressal Forum, Bhopal.2. Facts as have been unfurled are that the petitioner was engaged in the business of purchasing and selling of shares in the name and style of Firm M/s Profit Deals, Bhopal. The respondent No. 4 who was having 500 shares of Magnum Multiplier Scheme of the State Bank of India sold the same to the petitioner and collected a cheque towards the amount ...
Tag this Judgment!Ram Naresh and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-25-2002
Reported in: 2002(2)MPHT183; 2002(2)MPLJ360
ORDERS.L. Kochar, J. 1. This revision has been filed by the applicants against the order dated 7-12-2001 passed by Special Judge, Dewas in S.T. No. 58/2001 framing charge for the offence under Section 306 framing charge against the applicants for the offence under Section 306 read with Section 34 of IPC. The Police Station, Tonk Khurd, Distt. Dewas has filed charge-sheet against the applicants and other accused persons for the offence punishable under Section 306 read with Section 34, IPC.2. The prosecution case in short was that the deceased Narayan s/o Babulal Manguolia had taken loan from the applicants and non-applicant Nos. 2 and 3. These loans were raised by him at different point of time from the accused persons. Thereafter he failed to repay the same as per the terms and conditions because of which the applicants were demanding the said loan with interest and torturing the deceased Narayan. It is further alleged by the prosecution that the applicants Ram Naresh and Devendra wer...
Tag this Judgment!Bank of India Vs. Ashok and ors.
Court: Madhya Pradesh
Decided on: Jan-25-2002
Reported in: 2002(2)MPHT213
ORDERS.B. Sakrikar, J. 1. The applicants/decree-holders have directed this Revision against the order dated 2-11-2001 as also order dated 7-12-2001 passed by the IIIrd Additional District Judge, Indore in Civil Misc. Case No. 198/2001. During the course of argument, the learned counsel for the applicants restricted his arguments only with regard to the order passed by the Court below dated 7-12-2001 and does not press this Revision against the order dated 2-11-2001. By order dated 7-12-2001 the learned Court below held that the application filed before the said Court under Order 9 Rule 13 of the Code of Civil Procedure is within its competence, even after the recovery proceedings in connection with the ex parte decree passed by the said Court is pending before the Debt Relief Tribunal, instituted under the Recovery of Debts Due to the Banks and Financial Institutions Act, 1993 (for short 'the Act').2. It is not in dispute that before coming into force of the aforesaid Act, a suit was f...
Tag this Judgment!M.P. Human Rights Commission Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-25-2002
Reported in: AIR2003MP17; 2002(4)MPLJ321
ORDERDipak Misra, J.1. The M.P. Human Rights Commission (for short 'the Commission') through its Registrar has visited this Court for issue of a writ of certiorari for quashment of the order dated 13-6-2000, Annexure P/9, and to command the respondent Nos. 1 and 2 to implement the recommendations of the Commission contained in Annexure P/7, and further to command the respondent Nos. 1 and 2 to ensure quality outcome in the 'Eye-Camps' organised by the District Blindness Control Society (DBCS). 2. The facts as have been undraped are that under the National Programme for Control of Blindness, the State of M. P. has been organising eye camps with a view to provide comprehensive eye care to the community in the rural areas. The eye camps include surgical camps. The aims and objects of such camps are to provide medical and surgical treatment for the prevention and control of eye diseases including cataract operation and to educate people in methods of prevention of eye diseases and proper c...
Tag this Judgment!Madhya Pradesh State Tourism Development Corporation Vs. Sita Bai Kush ...
Court: Madhya Pradesh
Decided on: Jan-25-2002
Reported in: [2002(94)FLR425]; (2002)IVLLJ234MP
ORDERArun Mishra, J.1. Petitioner assails the award passed by the Labour Court-1 Bhopal on July 7, 2001, which the Labour Court has directed reinstatement of the workman along with 25% back wages. 2. The case of the workman was that he was appointed as Peon in March 1994 and she was removed on March 15, 1997. She was not paid any retrenchment compensation. Her removal was illegal and she has rendered satisfactory service. No misconduct was committed by her. 3. The case set up by the petitioner wasthat the workman was appointed on the basis ofthe order issued for 59 days. There was no postavailable of Peon. The workman used to absentherself number of times. She had stoppedherself coming to the office. Since the servicesof the workman were temporary, provision ofretrenchment is not attracted. The workman didnot complete 240 days in the preceding year.She was working as casual labour w.e.f.January 28, 1997; hence, provision ofretrenchment compensation is not attracted.She was not a workma...
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