Madhya Pradesh Court April 2002 Judgments
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Parmanand Sisodia Vs. Madhukar and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2002
Reported in: 2002CriLJ3640; 2002(3)MPHT343
S.L. Kochar, J. 1. This order shall also govern the disposal of the aforesaid Criminal Revision Nos. 187/2002 to 195/2002 as similar questions of law and facts are involved. 2. The appellant has lodged his grievance against the order dated 24-12-2001 passed by the Special Judge, Indore in respect of Special Case Nos. 4 to 13 in the aforesaid Criminal Revisions, rejecting the application filed by the applicant/complainant under Section 210 of the Code of Criminal Procedure (for short, 'the Code'). 3. The applicant has put in issue for decision before this Court whether after discharge of the non-applicant Nos. 1 to 6 from the charges under Sections 13(1)(d) and 13(2), Prevention of Corruption Act, 1988 (for short, 'the Act') in Criminal Revision No. 233/2001 by the High Court, even then the private complaint will survive and the same shall be enquired into by the Court below as per Provisions of Section 202 of the Code. 4. Necessary facts required to be mentioned here are as follows :--...
Arun Kumar Sharma Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2002
Reported in: 2002(4)MPHT574; 2002(3)MPLJ526
ORDERNarain Singh 'Azad', J.1. The petitioner seeks calling of reports of hand-writing expert pertaining to Crime No. 355/98 of Police Station, Kotwali, Panna, for perusal of this Court in exercise of powers, so also the relief of appointment of some independent impartial investigation officer.2. As per this petitioner, he was posted as Circle Organizer in Tribal Welfare Department at Panna since 11-8-1997 to 26-9-2001 and was incharge Branch Manager, Tribal Finance and Development Corporation, Panna, also holding additional charge. On the report of Collector, Panna, Crime No. 355/98 was registered at Police Station, Kotwali, Panna, against this petitioner for offences punishable Section 409, IPC and Section 13 of the Prevention of Corruption Act. The case was handed over to non-applicant No. 5 for investigation, in course of which, the hand-writing of the petitioner was obtained and the same was sent for examination to Government hand-writing expert. Then, the petitioner moved an appl...
Allahabad Bank Vs. M.P.E.B. and anr.
Court: Madhya Pradesh
Decided on: Apr-17-2002
Reported in: AIR2003MP37; 2002(5)MPHT496
ORDERArun Mishra, J. 1. The petitioner in this petition seeks to quash the order Annexure P-10 dated 9-8-2001 demanding a sum of Rs. 5,08,781-73, the amount of judgment and decree passed in C. S. No. 82 B/95 passed by the Court of 9th A.D.J. Jabalpur on 30-9-1996. The M.P.E.B. threatened disconnection of the electricity in case payment was not made within 7 days by the Allahabad Bank. 2. The petitioner avers that M/s M.P. Carbide & Chemicals Ltd. applied to M.P.E.B. for supply of electricity and entered into a H. T. agreement. As per terms of the agreement the company was required to deposit with the Board the security in cash equivalent to one month assessed electrical charges and further to furnish security of bank approved by the Board for a sum equal to another one month's assessed electrical charges amounting to Rs. 16 lacs for due performance of the terms and conditions of the said agreement. M/s M. P. Carbide & Chemicals Ltd. approached the bank and bank issued a bank guarantee ...
Aartech Solonics Ltd. and ors. Vs. the Debts Recovery Tribunal and ors ...
Court: Madhya Pradesh
Decided on: Apr-17-2002
Reported in: AIR2003MP27; 2002(4)MPLJ124
ORDERArun Mishra, J.1. Present Writ Petition is preferred against the order dated 2nd January, 2002 passed by the Debts Recovery Tribunal rejecting the prayer of the petitioners for cross-examining the witnesses.2. The petitioners have taken a defence that the application filed by the Bank is not within the limitation; the revival letters dated 17-3-1994 and 12-2-97 have been obtained by mis-representation and coercion as such these documents cannot be acted upon. Defendant No. 1 and its Directors were misled; no agreement was executed to create mortgage; the officials of the Bank were in a position to dominate the Will of the defendant No. 1 and its Directors and got several documents signed which were blank at the time of signing the documents. Several documents were not properly executed.3. Petitioners filed an application that the above questions can be threshed out in cross-examination. Right of cross-examination is the part of rules of natural justice. Evidence of witnesses can b...
Ramesh Lalai Vs. Smt. Sumati Bai
Court: Madhya Pradesh
Decided on: Apr-17-2002
Reported in: 2002(5)MPHT113; 2002(3)MPLJ548
ORDERNarain Singh 'Azad', J.1. In petitioner's Criminal Revision No. 127/2000, the learned Second ASJ, Hoshangabad not only held the respondent entitled to claim maintenance from petitioner, as ordered by JMFC, Itarsi, on 22-8-2000 in respondent's application filed under Section 125, Cr.PC which was registered as Criminal Case No. 20/98, but enhanced the rate of maintenance to Rs. 700/- per month and that too, from the date of application, against this order of JMFC, Itarsi that the maintenance at the rate of Rs. 300/- per month, has to be paid since the date of order.2. It is not in dispute that on the maintenance application filed on behalf of the respondent, which was registered as Criminal Case No. 20/98, the learned JMFC, Itarsi granted her maintenance at the rate of Rs. 300/- per month by order dated 22-8-2000, after recording and evaluating the evidence of both the parties, adduced by them in support of their claims.3. A perusal of record of Criminal Case No. 20/98 disposed of b...
Grasim Industries Limited, Birla Nagar, Gwalior Vs. Atar Singh and ors ...
Court: Madhya Pradesh
Decided on: Apr-16-2002
Reported in: 2002(3)MPHT210; 2002(3)MPLJ95
ORDERRajendra Menon, J.1. The short question, that requires determination in the present petition is, whether a Labour Court exercising powers under Section 107 of the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to as 'Act of 1960') can pass an order staying retirement of an employee after he has attained the age of superannuation.2. The facts, are that respondent No. 1 is in employment with the petitioner since 1963. The petitioner's contend that according to the record available with them the age of the employee-respondent No. 1 is recorded as 25 years as on 1-2-1969 (Annexure P-3), which is the declaration given by the employee-respondent No. 3 for being enrolled as a member of the Provident Fund Scheme. Accordingly, he was to retire w.e.f. 1-2-2001. This document was prepared on 1-2-1969 and is signed by the respondent-employee. It is averred that the age has been accordingly recorded by the employer and during all these years the respondent No. 1 employee h...
G. Sitaram and anr. Vs. Ganesh Prasad and anr.
Court: Madhya Pradesh
Decided on: Apr-16-2002
Reported in: 2004ACJ1746; 2002(4)MPHT82
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated October 31, 1998, passed by the Motor Accident Claims Tribunal, Chhindwara, in Claim Case No. 110/96.2. The accident took place on July 6, 1996, on Chhindwara-Bctul route, when Jeep No. MP 22-B/4663 driven rashly and negligently met with accident resulting in death of G. Prasad Rao (28). The claimants are parents of the deceased seeking compensation of Rs. 7,50,000/-. The Claims Tribunal has come to the conclusion that accident took place as alleged. Ultimately, compensation of Rs. 1,54,000/- has been awarded. The claimants are not satisfied with this award, therefore, it has been assailed through this appeal.3. Shri Saurabh Tiwari, learned Counsel appearing for the claimants/appellants, submits that the Claims Tribunal has not assessed the compensation properly. Therefore, just compensation has not been awarded. Learned Counsel contends that the deceased was 28 years old at the time of accident, therefore, mult...
i.P. Malik Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-16-2002
Reported in: 2002(5)MPHT124; 2002(4)MPLJ367
ORDERBhawani Singh, C.J.1. This petition is directed against the order of M.P. State Administrative Tribunal, Bhopal Bench, Bhopal (SAT), dated 11-6-1998, passed in O.A. No. 577/1993.2. Shortly stated, the petitioner was employed in P.W.D., Government of Madhya Pradesh. He retired from the post of Assistant Engineer. Through O.A. No. 577/1993, he is seeking direction against respondents for payment of interest on pension, gratuity and leave encashment at the rate of 12% per annum for delayed payments of these service benefits by the respondents. Allegation is that respondents did not pay these benefits immediately after his superannuation from service despite time to time representations. Ultimately, anticipatory pension was sanctioned on 26-11-1992 and final pension sanctioned on 27-3-1995. Similarly, gratuity was sanctioned on 26-11-1992 and paid to the extent of 90%. Leave encashment which could be offered immediately on retirement, was also delayed similarly.3. Respondents submit t...
Leekchand Sahu and ors. Vs. Laxman Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-16-2002
Reported in: 2002(5)MPHT442; 2002(3)MPLJ583
ORDERBhawani Singh, CJ.1. We propose to dispose of these appeals (M.A. No. 437/99, Leekchand and Anr. v. Laxman Singh and Anr., M.A. No. 2262/1999, Leekchand and Anr. v. Smt. Amira Bi and Ors. and M.A. No. 2263/1999, Leekchand and Anr. v. Bisram Sahu and Ors.) by this judgment since they arise out of the same accident and similar award.2. Accident took place on 23-2-1997 with a vehicle bearing Registration No. MP 29/B 0319, owned by Leekchand (dead) (through legal representatives) driven by Shri Ram @ Jagannath, coming from Ramakona to Ulhawadi which turned turtle in the market resulting in death of Noor Moham-mad and Ramdayal Sahu and injuries to Laxman Singh, Kishorilal, Ajab Singh and Gajanand. Claims have been filed by Amira Bi w/o Noor Mohammad, Bisram Sahu father of Ramdayal Sahu, Laxman Singh, Kishorilal, Ajab Singh and Gajanand, in latter cases, for personal injuries. Allegation is that accident took place due to rash and negligent driving of the vehicle by driver. The defence ...
State of M.P. and ors. Vs. Jaiswal Tractors
Court: Madhya Pradesh
Decided on: Apr-16-2002
Reported in: 2002(5)MPHT157; 2002(3)MPLJ460
ORDERV.K. Agarwal, J.1. This Misc. Appeal is directed against the order dated 12-11-1990 in Civil Suit No. 3-A/1982 by First Additional District Judge, Rewa, making the award of arbitrator Rule of the Court.2. The relevant facts leading to the present appeal stated in brief are that the parties entered into an agreement, whereby the appellants had agreed to hire respondent's tractor on rental basis for carrying out some work undertaken by the Irrigation Department. A dispute arose between the parties regarding payment of rent, of the said tractor. As per agreement between the parties the matter was referred for decision by the sole arbitrator by the Trial Court by its order dated 31-8-84 and Shri Trilochan Singh, Advocate, Rewa was appointed as sole arbitrator. The arbitrator proceeded with the arbitration proceedings and filed his award dated 29-8-88 in the Lower Court.3. Notices regarding the filing of award by the arbitrator were issued by the Lower Court to both the parties. On 15-...
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