Madhya Pradesh Court October 2002 Judgments
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Purshottam and ors. Vs. Bhagwat Sharan and ors.
Court: Madhya Pradesh
Decided on: Oct-07-2002
Reported in: AIR2003MP128
Chandresh Bhushan, J. 1. Judgment in this appeal shall also govern the disposal of First Appeal No. 155 of 1995 (Kanhalyalal and seven others v. Bhagwat Sharan and 21 others) as both these appeals arise out of the same Judgment and have been preferred by different sets of defendants in the original suit.2. This is a first appeal by the appellants against judgment dated 1-8-1995 pronounced by District Judge, Guna, whereby a decree for partition of certain immoveable property consisting of six houses and some agricultural lands was passed in favour of the respondent No, 1, who was the plaintiff in the suit,3. It is not disputed that, the appellants and the respondents No. 1 to 14 had a common ancestor viz,, Mangatmo, who lived in Narnaul at Rajasthan. He had four sons viz,, (1) Madho Prasad, (2) Lalchand, (3) Ramchand and (4) Umraolal, Madho Prasad had no issue and, therefore, he adopted Hariram, who was the real son of his brother Lalchand. Similarly, Ramchand also had no issue and he a...
Lucky Forwarding Agency Vs. Smt. Binder Devi and ors.
Court: Madhya Pradesh
Decided on: Oct-07-2002
Reported in: AIR2003MP261
ORDERDipak Misra, J.1. In this writ petition the petitioner, M/s. Lucky Forwarding Agency, has prayed for issue of a writ of certiorari for quashment of the orders passed by the District Consumer Disputes Redressai Forum, Rewa (in short 'the District Forum') vide Annexure-P-7 and the affirmation thereof by the State Consumer Disputes Redressai Commission (for brevity 'the State Commission'), in appeal No. 903/96 vide Annexure-P-9 and the confirmation thereof by the National Consumer Disputes Redressal Commission (hereinafter referred to as the National Commission') vide Annexure-P-11.2. The facts, sans unnecessary details, essential to be stated for the purpose of disposal of this writ petition are that the petitioner is a registered partnership firm engaged in Commission Agency at Lucknow and has no branch Office anywhere in the country. All the partners of the petitioner -Firm reside at Lucknow and none of them voluntarily resides or carries on business at Rewa. As a commission agent...
Kamla Bai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Oct-07-2002
Reported in: 2003ACJ656; 2003(2)MPLJ139
Arun Mishra, J.1. The question for consideration in the instant writ petition is whether the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as 'M.P.S.R.T.C.') is maintaining the account as mandated under Section 146 of Motor Vehicles Act for payment of compensation to the victims of the accidents caused by its vehicles? Another question for consideration is that when the award passed in claim cases are not honoured by M.P.S.R.T.C. as such it has no right to ply the buses and the respondent No. 2 and its authorities and drivers have rendered themselves liable for prosecution and have no right to ply the buses till they are insured.2. Petitioner submits that petition is not against any particular order, but, challenge is to use of motor vehicles in contravention to provisions of Section 146(3) of the Motor Vehicles Act by M.P.S.R.T.C. The petitioner is a widow and she preferred the claim petition for compensation, but, to her surprise even after obtaining the aw...
Rajesh Singh Vs. M.P. Rajya Krishi Vipnan Board and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2002
Reported in: [2003(96)FLR722]; 2002(4)MPHT496
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 7-9-2001 of the respondent No. 2 by which the services of the petitioner have been terminated.2. It is not in dispute that the petitioner was working as Assistant Sub-Inspector in Krishi Upaj Mandi, Nagoud for nearly twelve years and his services have been terminated without any show-cause notice or opportunity of hearing to him by the impugned order. He would have been regularised if he had been appointed before 31-12-1988.3. The petitioner's case is that he was appointed on the said post by order dated 1-1-1988 (Annexure P-2) after he submitted his application dated 25-12-1987 (Annexure P-1). In the letter dated 6-4-1995( Annexure P-3) sent by the respondent No. 4 to the respondent No. 2 for regularisation of the services it was mentioned that the petitioner was appointed on 1-1-1988. Again by letter dated 8-8-1997 (Annexure P-4), the respondent No. 4 info...
Suresh Prajapat Vs. Manoj and anr.
Court: Madhya Pradesh
Decided on: Oct-04-2002
Reported in: I(2004)BC14; 2003(1)MPHT165; 2003(1)MPLJ361
S.L. Kochar, J.1. This revision is directed against the judgment dated 10-7-2002 rendered by the Third Addl. Sessions Judge, Ujjain in Cr. Appeal No. 53/2002 arising out of the judgment dated 8-4-2002 passed by the Judicial Magistrate First Class, Ujjain in Cr. Case No. 414/2000 thereby the learned Trial Court convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') and sentenced to undergo R.I. for six months and a fine of Rs. 5,000/-. In default of payment of fine to suffer additional S.I. for three months and also ordered for payment of Rs. 4,000/- as compensation to the complainant out of the fine amount of Rs. 5,000/-, after its realisation from the applicant. In the impugned judgment in appeal, the learned Lower Appellate Court has maintained the conviction and sentence as imposed by the Trial Court and also awarded additional compensation under Section 357(3) of the Code of Criminal Procedure of...
Pawan Kumar Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Oct-04-2002
Reported in: 2003(1)MPHT468; 2003(1)MPLJ450
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 13-6-2000 by which the services of the petitioner have been terminated by the respondent No. 2.2. It is not in dispute that the petitioner was appointed as Driver on daily wages by order dated 15-5-1992 to drive the vehicle of respondent No. 2 District Panchayat, Shahdol. He was appointed in the regular pay-scale as Driver by order dated 9-12-1996. He was served with the show-cause notice dated 24-5-2000 (Annexure P-7) by which his services were proposed to be terminated on the grounds that--(a) the names were not called from the Employment Exchange, (b) advertisement was not issued, (c) Selection Committee was not constituted, and (d) interview was not taken. The petitioner submitted its reply on 29-5-2000 as per Annexure P-8 stating therein that he was appointed in the regular pay scale taking his work and conduct into account during the last four years. I...
Mamta Rani Mishra Vs. Municipal Corporation and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2002
Reported in: 2003(1)MPHT466
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India challenging the notice dated 13-10-1995 of the respondent No. 1 calling for applications to fill up the post of Principal and for a direction to promote the petitioner on that post.2. It is not in dispute that a College known as 'Pandit Loknath Shastri Sanskrit Mahavidhyalaya' (hereinafter to be referred to as the 'College') is being run by respondent No. 1 Municipal Corporation, Jabalpur which is affiliated to respondent No. 6 Avadhesh Pratap Singh Vishwavid-hyalaya, Rewa. The pattern of education in the College is known as 'PrachyaVidhya Pranali'. Sanskrit and other subjects are being taught to the students under this system. The political science is one of them. Hindi is also being taught. Petitioner Mamta Rani Mishra is 'Acharya' in Sanskrit and M.A. in Political Science. She is working as a Lecturer in the College from 19-2-1983. In Writ Petition No. 2602 of 1994 by order dated 30...
Kranti Kumar Saxena, in Re
Court: Madhya Pradesh
Decided on: Oct-04-2002
Reported in: (2002)178CTR(MP)455
ORDERA.K. Gohil, J.The Fifth Addl. Judge, to the Court of District Judge, Indore has referred the following questions for answer by this court under section 113 read with order XLVI, rule 1 of the CPC :'(a) That whether the provisions of section 194A of Income Tax Act, 1961, is applicable in its strict sense to the court of reference under sections 18 and 30 of Land Acquisition Act ?(b) If so, whether the court is liable to deposit the deducted amount by TDS challan and to issue deduction certificate in Form 25A of Income Tax Rules and to file the return like a private individual ?(c) If not, then at then at what point of time and by whom this tax is to be deducted ?(d) whether the court of reference can itself retain the amount of approximate tax and inform concerned Income Tax Officer to collect it by means of voucher ?'2. After receiving this reference, notices were issued to all the concerned parties. Nobody appeared on behalf of the claimants even after issuance of S.P.C. and repe...
Kamlesh Kumar Kaurav Vs. Chambal Kshetriya GramIn Bank and ors.
Court: Madhya Pradesh
Decided on: Oct-03-2002
Reported in: 2003(1)MPHT52
ORDERChandresh Bhushan, J. 1. Aggrieved by an order issued by the respondent-Bank vide PRS/2000-2001/Circu!ar No. 23/2083, dated 17th July, 2000 promoting eleven officers of Scale I to Scale II, one of its officer who has been superseded had preferred this writ petition which has been referred to this Division Bench by the Single Bench.2. Facts of the case in brief giving rise to this petition are that the respondent No. I/Bank, which was established and incorporated under Section 3 of the Regional Rural Banks Act, 1976, had eleven vacancies of officers in Scale II which were to be filled by promotions of its officers belonging to Scale I. Such promotions were governed by the Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1988, which with effect from 29-7-1998 were substituted by new Rules, known as Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1998. The Rules of 1998 require a written test which was not p...
Laxminarayan Vs. Shivlal Gujar and ors.
Court: Madhya Pradesh
Decided on: Oct-03-2002
Reported in: AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
Dipak Misra, J.1. The term 'Law' is applied and taken recourse to herald the incandescent attributes of civilisation with stupendous felicity and the advancement of society is conditioned by the appropriate legal evolution. Sometimes the law is conceived as 'jus naturale', at times as 'jus civile' and some other times it is equated with 'jus honorarium'. But the term 'jus' is always important. 'Jus' should never succumb to 'Joss'. That is why it has been said that the law is not the study of words alone but a penetration into the study of nature within and nature without which are projected through words that have the moving power of life. For that Simon pure reason William Shakespeare spoke : 'The Law hath not been dead, though it hath slept'. We have embarked upon the subject with the aforesaid prefatory note as our essay and venture is to find out whether by substitution of Section 100A of the code of Civil Procedure, 1908 (in short 'the Code') the Legislature by taking recourse to ...
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