Madhya Pradesh Court January 2002 Judgments
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Vaibhav JaIn Vs. Vice-chancellor Devi Ahilya Vishwavidyalaya, Indore a ...
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: 2002(5)MPHT469; 2002(1)MPLJ514
ORDERA.M. Sapre, J. 1. The decision rendered in this writ shall also govern the disposal of other two connected writs being W.P. No. 857 of 2001 and W.P. No. 839 of 2001, as all the three writs are founded on more or less one cause of action and involve common issues of facts and law. 2. By filing this writ under Articles 226 and 227 of Constitution of India, the petitioner has challenged the order dated 19-4-2001 (Annexure P-9) by which he is rusticated from the Institute with immediate effect by the respondents. Facts that led to passing of the impugned order which eventually brought this writ to this Court need to be mentioned to appreciate the grievance urged by the petitioners. 3. All the three petitioners of these three writ petitions are student of fourth year(VIIIth Semester) of six years M.C.A. degree course in International Institute of Professional Studies (for short IIPS) of Devi Ahilya vishwa Vidyalaya. Indore. It is an Institute where both boys and girls are receiving edu...
Jyoti Overseas Ltd., Indore Vs. M.P. Electricity Board, Jabalpur and o ...
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: AIR2002MP114; 2002(3)MPHT186; 2002(1)MPLJ449
ORDERA.M. Sapre, J. 1. By filing this Petition under Articles 226/227 of Constitution of India, the petitioner seeks quashing of a decision taken by the M.P.E.B. contained in their letter dated 12-5-1996 (Annexure P/1) and the consequential demand based on the said impugned decision dated 3-6-1995 (Annexure P/2), dated 12-6-1995 (Annexure P/3), dated 14-7-1995 (Annexure P/4). Facts of the case lie in a narrow compass. It essentially involves an interpretation of a notification detailed infra. They, however need mention in brief. 2. The Petitioner is a limited Company duly registered as such under the Companies Act. It is engaged in the business of manufacture of several kinds of cotten. cloth/fibrics. These fabrics are heavily and thickly woven with multiple warp/weft/ yarns. The petitioner is having its manufacturing unit at Indore. The petitioner has entered into an agreement with the M.P. Electricity Board (for short 'Board') for supply of electricity to their manufacturing unit. 3....
Babul Alias Mohammed HussaIn (Deceased) Through L.Rs. Rabia Ji and ors ...
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: 2002(3)MPHT239
S.L. Kochar, J.1. Plaintiff has filed this second appeal under Section 100 of CPC. This appeal was admitted on the following substantial questions of law:--(1) Whether the Courts below committed an error of law in not considering the evidence adduced by the plaintiff regarding the oral sale of the disputed land ?(2) Whether on the facts and in the circumstances of the case the Courts below committed an error of law in not granting relief of injunction as prayed for by the plaintiff ?2. The civil suit was filed by the appellant/plaintiff on 29-10-1977 for declaration of his title over the suit land and permanent injunction in his favour against respondents/defendants. Respondent No. 1 Ramchandra was the owner of 1.386 hectares agricultural land situated at Village Bara Patthar, Tehsil Mahidipur, bearing Khasra No. 196. The same land has been sold out by respondent No. 1 in favour of his nephew (sister's son) Radheshyam by registered sale deed on 10-5-1977 (Ex. P-11). The plaintiffs case...
Abdul Rahman Sheikh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: 2002(3)MPHT330; 2002(2)MPLJ251
S.L. Kochar, J. 1. The appellant has preferred this appeal against the judgment and finding dated 28-1-1993 passed by First Additional District Judge, Indore in Special Case No. 36/91 convicting the appellant for the offence punishable under Section 161, IPC and Section 5(2) of the Prevention of Corruption Act (for short, 'the Act') and sentenced to RI for 2 years and fine of Rs. 1000/-, respectively, in default of payment of fine further sentence of two months. Both the sentences were directed to run concurrently. 2. The appellant was posted as a Patwari on 23-7-1984 at Tahsil Badwah, District West Nimar on Halka No. 07 as a Public Servant. It is alleged by the prosecution that father of complainant Vishnu Prasad (P.W. 1) had purchased some agricultural land from the Ganpat s/o Lalchand resident of Sendhwa. Complainant Vishnu Prasad had submitted an application for mutation of name in the name of his father, in the land record but the application was pending since long and accused did...
Kinetic Honda Motor Limited Vs. Industries Commissioner and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: [2002]128STC561(MP)
ORDERA.M. Sapre, J. 1. By filing this writ under Article 226/227 of Constitution of India, the petitioner has challenged the order dated May 31, 1994 (annexure F) passed by State Level Committee, followed by order dated August 8, 1994 (annexure H) explaining the real import of the order dated May 31, 1994 and lastly the order dated December 29, 1995 (annexure L) being consequential to the main order dated May 31, 1994. Facts in brief that led to filing of this writ need mention in brief to appreciate the grievance urged.2. Petitioner is limited company engaged in the business of manufacture of two wheeler scooters in their factory at Pithampur area in District Dhar.3. By order dated October 5, 1987 (annexure A) the petitioner was granted sales tax exemption, i.e., exemption from payment of State sales tax and purchase tax for a period of five years, i.e., up to April 9, 1991 to be counted from the date of commencement of the production, i.e., on April 10, 1986. However, by order dated ...
Ram Samugh Mourya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-03-2002
Reported in: 2002(5)MPHT411; 2002(2)MPLJ85
S.L. Kochar, J 1. This appeal has been directed by the appellant against the judgment and order dated 29th August, 1992, passed by the Special Judge, Dewas, in Special Case No. 2/86 convicting the appellant for offence punishable under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act') as also under Section 161, IPC and sentencing him Rigorous Imprisonment for six months on both counts and fine of Rs. 500/- in total Rs. 1000/- in both the counts, in default of payment of fine, further sentences of 3 months on each count. All the sentences were directed to run concurrently.2. According to the prosecution case, appellant was posted at 'Double Chouky' of Police Chouky District, Dewas on 28-11-1985 as Assistant Sub Inspector. He demanded Rs. 300/- rupees as bribe for releasing complainant Rajaram and his son Mohan on bail in connection with Crime No. 71/85 registered for the offence under Section 509, IPC. He obtained ...
Centre of Indian Trade Union and anr. Vs. State of Madhya Pradesh and ...
Court: Madhya Pradesh
Decided on: Jan-02-2002
Reported in: 2002(1)MPHT179
A.K. Mishra, J. 1. Petitioners are workers' union. The prayer made in the instant writ petition is to quash the award passed by the arbitrator Shri Digvijay Singh, Chief Minister of M.P. relating to dispute of removal of daily wages employees.Main question for consideration in the writ petition is whether Public Works Department and other departments of State of M.P. can be treated 'industry' under Section 2(j) of Industrial Disputes Act, 1947.2. The services of the daily rated workmen employed in Madhya Pradesh after 31-12-1988 in different departments of State of M.P. and various local authorities were ordered to be terminated by the Govt. of M.P., a memorandum (P-1) dated 14the February, 2000 was issued for removing all the daily wage employees appointed after 31-12-88 on the ground that a memorandum dated 15-9-89 was issued which contained direction not to fill up the posts which were vacant as on 1st January, 1988 and the ban on making the appointments out of contingency fund was ...
State of Madhya Pradesh Vs. Mehboob Khan and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2002
Reported in: 2002(1)MPHT241; 2002(1)MPLJ611
Uma Nath Singh, J. 1. The State has preferred this appeal against the impugned judgment and order dated 16-9-89, passed by the Fourth Additional Sessions Judge, Bhopal in Session Trial No. 103/85, where by accused Farookh was convicted for offence under Section 302 and sentenced to life imprisonment and other accused persons (respondents herein) were acquitted of the charge under Section 302 read with Section 149 of the IPC. All the accused persons includingFarookh were acquitted of the charge under Section 148, IPC. Further, it may not be out of context to record that the appeal by accused Farookh against conviction abated on his death.2. Succinctly narrated the facts of the prosecution case are that accused/respondents Ayub Khan (R-2), Ishaq alias Gattua (R-3), Yakoob (R-4) and convicted accused Farookh are sons of accused Mehboob Khan (R-1). On the other hand prosecution witnesses Mohamad Jameel (P.W. 1), Faridul Hassan (P.W. 2) and Mohamad Iliyas (P.W. 3) are interested witnesses. ...
Kailash Singh Vs. Mewalal Singh Gond and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2002
Reported in: AIR2002MP112; 2002(1)MPHT526
ORDERS.P. Khare, J. 1. This is a revision by the plaintiff against the order by which the defendant's appeal under Order 43 Rule 1 (r), CPC has been allowed and the order of temporary injunction passed by the Trial Court in favour of the plaintiff has been set aside.2. The lands in dispute belonged to Biran Singh Gond belonging to Scheduled Tribe. After his death these lands came into possession of his widow Shantibai. According to the plaintiff she was absolute owner of these lands; she bequeathed the same to the plaintiff who is son of her brother by her will dated 19-4-1992; she died on 16-8-1992 and the plaintiff came into possession of these lands on her death. On the other hand the defendants who are the reversioners of the husband of Shantibai claim that she was only a limited owner of the lands in dispute after the death of her husband; the Will on which the plaintiff is relying is forged and the defendants are in actual possession of the lands after the death of Shantibai.3. T...
Prem Narayan Sharma Vs. Sunil Gupta and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2002
Reported in: II(2002)ACC612; 2003ACJ1584; 2002(1)MPHT562
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal in M.C.C. No. 496/99, dated 22-12-2000, at the instance of the claimant seeking enhancement of compensation.2. Accident took place on 15-9-99, at 7.15 a.m. when the appellant, an employee of the M.P.S.R.T.C., was hit by Mini Bus No. MP-04-H/7924, driven by Sunil Gupta rashly and negligently. In the accident, the claimant sustained grievous injuries in the right leg below the knee. Case was registered with the police and claimant shifted to the hospital. During treatment in Gokuldas Hospital, Indore, rod was inserted at the site of the fracture. In this accident, the claimant suffered permanent disability to a great extent. Claim petition was filed for compensation of Rs. 3,40,000.00 against the respondents jointly and severally.3. Before the Claims Tribunal, respondents Sunil Gupta and Baboolal Mathil, owner and driver of the vehicle, remained ex-pane, while the Insurance Com...
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