Madhya Pradesh Court March 2002 Judgments
Sitabai Sinodia and ors. Vs. Regional Provident Fund Commissioner and ...
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: [2002(94)FLR1016]; 2002(3)MPHT277; 2002(3)MPLJ116
ORDERBhawani Singh, C.J. 1. Shri Balram Prasad Sinodia (deceased) married Bindra Bai. Out of this wedlock, they had no child. He married Sita Bai Sinodia. Out of this marriage, there are three children : two sons and a daughter. Sita Bai and her children filed petition claiming 2/3 share in the pension after the death of Shri Balram Prasad Sinodia. The petition has been dismissed by order dated 3-4-1999.Learned Single Judge came to the conclusion that Bindra Bai was entitled to the full family pension, while petitioner Sita Bai and her children were not. For coming to this conclusion, reliance is placed on Sub-rule (8) (i) of Rule 47 of the M.P. Civil Services (Pension) Rules, 1976 (for short, 'the Rules'). Not satisfied with this order, the present appeal has been filed.2. Shri R.K. Thakur, learned Counsel for the appellants submits that appellants are entitled to family pension under Sub-rule (7) (a) (i) of Rule 47 of the Rules which enjoins that where family pension is payable to mo...
Tag this Judgment!Vikas and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)MPHT533
ORDERS.L. Kochar, J. 1. The applicants have raised their grievances against the order passed by Addl. Sessions Judge, Shujalpur, Distt. Shajapur in Cr. Revision No. 118/2000, dated 29-1-2002 arising out of order dated 19-1-2000 and 22-1-2001 passed in Criminal Case No. 581/99 by JMFC, Shujalpur dismissing their revision against the order of framing of charge.2. The prosecution case in short is that the police of Police Station, Kalapeepal has filed charge-sheet against the applicants for the offences punishable under Sections 420, 467 and 468, IPC vide Crime No. 213/96 alleging that they had obtained false certificate of S.T. after submitting false and forged affidavits which is contrary to the provisions of law. The JMFC, Shujalpur framed charge against the applicants for the aforesaid sections.3. This order was assailed before the Revisional Court and the same has been dismissed, hence this petition has been filed praying for exercising of inherent power for quashing the Courts below...
Tag this Judgment!Saluja Constructions Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: 2002(3)MPHT553; 2002(4)MPLJ20
ORDERDipak Misra, J.1. In this writ petition preferred under Article 227 of the Constitution of India the petitioner has called in question the defensibility of the order dated 21-8-2001, Annexure P-1, passed by the Madhya Pradesh Arbitration Tribunal, Bhopal (in short 'the Tribunal') whereby the Tribunal has issued directions to the petitioner to pay the respondents-State a sum of Rs. 6,50,000/- along with interest and has also issued certain further ancillary directions.2. The facts as have been adumbrated in the writ petition are that the petitioner instituted a Reference Case No. 104/89 before the Tribunal under the provisions of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as 'the Act') whereby the Tribunal vide order dated 7-9-1995 passed an award in favour of the petitioner for grant of Rs. 11,79,166/-which included the claim of overhead charges of Rs. 6 lakhs and loss on profit of Rs. 50,000/-. Against the said award the petitioner preferred a C...
Tag this Judgment!Dhar Industries Ltd. Vs. Debts Recovery Appellate Tribunal and ors.
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: 2002(4)MPHT569; 2002(4)MPLJ50
ORDERArun Mishra, J.1. The petitioner is assailing the interim order passed by the Debts Recovery Appellate Tribunal on 9-10-2000 (Annexure P-12) directing the petitioner to deposit a sum of Rs. Two crores within a period of 12 weeks out of the decretal amount of Rs. 6,80,31,209.11.2. Petitioner was granted a loan for working capital in the year 1995. An application was filed before the Debts Recovery Tribunal by Bank of India, Indore for recovery of Rs. 6,80,31,209.11. Judgment was passed by the Debts Recovery Tribunal on 10-8-2000 (Annexure P-9). The Bank was entitled to recover the interest @ 18.36 p.a. with quarterly rests from 29-5-2000 till the realisation of the outstanding dues. Against this order the petitioner preferred an appeal before the Debts Recovery Appellate Tribunal. An interim order was passed and directed the deposit of Rs. Two crores within a period of 12 weeks failing which the appeal shall not be entertained. It was further observed that such amount of deposit is...
Tag this Judgment!Ambika Charan Awasthy Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: (2003)ILLJ470MP; 2002(5)MPHT392
ORDERDipak Misra, J.1. Defensibility of the order dated October 19, 2001 passed by the learned single Judge in W.P. No. 3211/2001 is called in question in this appeal preferred under Clause 10 of the Letters Patent.2. Sans unnecessary details the essential facts which need (sic) to be stated are that the petitioner worked as a Lower Division Clerk in the Janpad Panchayat, Raheli in the district of Sagar. He availed voluntary retirement w.e.f. May 31, 1992. As his gratuity amount was not paid in spite of his entitlement to receive he visited this Court in the aforesaid writ petition. During the pendency of the writ petition a sum of Rs. 26,565/- was quantified towards gratuity and the same was sent by a cheque dated July 31, 2001 by registered post with acknowledgment due. The said amount was not received by the appellant but later on it was received. The writ petition was filed on the ground that the petitioner was entitled to gratuity from the very beginning and hence he should have b...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Sumantari Bai and anr.
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: I(2006)ACC446; 2004ACJ1759; 2002(5)MPHT447; 2003(1)MPLJ194
V.K. Agrawal, J. 1. This miscellaneous appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act' for short) is directed against the order dated 24.9.1997 in Case No. 5 of 1996 by the Commissioner for Workmen's Compensation/Labour Court No. 1, Jabalpur awarding compensation of Rs. 77,856 in favour of the claimant-respondent No. 1.2. Claimant-respondent No. 1 is the wife of deceased Gangaram, who was employed as driver by respondent No. 2 and was thus his workman. The appellant is insurer of the truck owned by respondent No. 2. On 24.12.1993 Gangaram was on duty as driver and was taking the truck of respondent No. 2 from Jabalpur to Vairawal, District Junagarh, in Gujarat. He died on way due to heart attack. The claimant-respondent No. 1 alleged that it was on account of strain of work that the death as above occurred. The claim petition was resisted by the appellant.3. The learned Commissioner held that the deceased Gangaram was the workman of...
Tag this Judgment!Anoop Kumar Shrivastava Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: 2002(5)MPHT166; 2002(3)MPLJ218
ORDERBhawani Singh, C.J.1. Through this writ petition, the petitioner challenges the order dated October 14, 1997, passed by the M.P. State Administrative Tribunal, Jabalpur, in O.A. No. 2442/95.2. The petitioner was Sub-Engineer in the Rural Engineering Services of the State Government. He was trapped for taking bribe while posted at Budhar (Shahdol). Consequently, he was prosecuted for offences under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1988, and Section 161 of the Indian Penal Code. He was found guilty by the Special Judge, Shahdol, and sentenced to various terms of rigorous imprisonment and fine with default clause, vide judgment dated April 1, 1987. He was dismissed from service by the Development Commissioner, vide order dated May 8, 1987. However, on appeal, he was acquitted by this Court, vide judgment dated January 18, 1993.3. The petitioner filed Original Application (O.A. No. 3271/93) for setting aside the order of dismissal and directi...
Tag this Judgment!Ramesh Patil Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-22-2002
Reported in: 2002(5)MPHT241
S.P. Khare, J.1. Appellant Ramesh Patil has been convicted under Section 306, IPC for abetting the commission of suicide by his wife and sentenced to rigorous imprisonment for seven years and to a fine of Rs. 5000/-.2. It is not in dispute that deceased Aruna whose parents had died earlier was married to accused Ramesh Patil in the year 1991 after the death of his first wife. They had a son aged about 1-1/2 years. On 28-11-1994 Aruna sustained extensive burn injuries. There were 55% burns on her body. She died on 4-12-1994 in Burhanpur Government Hospital.3. The prosecution case is that the accused was treating his wife Aruna with cruelty. He used to beat her. On the date of incident he assaulted her with a stick. She wanted to go to the house of her brother in Village Bhita and the accused did not allow her to go there. She was so much terrified that she brought an end to her life by pouring kerosene on her and setting her on fire. Thus the accused abetted the commission of suicide by...
Tag this Judgment!Municipal Corporation, Gwalior Vs. Anil Sharma and ors.
Court: Madhya Pradesh
Decided on: Mar-21-2002
Reported in: AIR2003MP32; 2002(3)MPHT372; 2002(2)MPLJ595
S.S. Jha, J. 1. This judgment shall also govern the disposal of Writ Petition No. 849 of 2001 (Shriram Colony Mohalla Sudhar Samiti v. State of Madhya Pradesh and Ors.).2. This appeal is filed by the Municipal Corporation against the order of Single Judge. The brief facts of the case are as under:--Respondent Nos. 1 to 3 have filed a writ petition before the Single Bench, challenging the inaction of appellants in not deciding the revised layout plan and granting permission for construction. Respondents/petitioners contended that their grand-father Late Shri Ramawtar Sharma was the owner of lands; out of which he carved out number of plots and developed a colony, which is known as 'Shriram Colony'. Said Ramawtar Sharma bequeathed the ownership of the lands owned by him in the said colony to the respondents/petitioners. It is further contended that on 17th March, 1989 Department of Town & Country Planning, Gwalior allotted plot Nos. 71, 72, 73 and 74 in the name of petitioners. The name ...
Tag this Judgment!Shiv Prasad Pandey Vs. Bharat Sanchar Nigam Limited
Court: Madhya Pradesh
Decided on: Mar-21-2002
Reported in: 2002(5)MPHT566; 2003(1)MPLJ86
ORDERDipak Misra, J.1. By this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner has prayed for a writ of certiorari for quashment of the order dated 16-6-2001 (Annexure P-7), issued by the Divisional Engineer, Planning & Administrative Office of Telecom District Manager, Rewa, the respondent No. 3 herein.2. The facts as have been exposited are that the petitioner is an experience contractor in cable laying work and he is eligible to get the tender form as per the Notice Inviting Tender (in short 'NIT') dated 20-7-2001. The respondent No. 1, Bharat Sanchar Nigam Limited, a Government of India undertaking invited tenders from the registered contractors through its competent authority for laying of under ground cable in 100 cm depth, by the NIT, dated 20th July, 2001 which was published in the local newspaper. The said paper publication has been brought on record as Annexure P-1. As per the NIT for four sections tender forms were invited indep...
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