Madhya Pradesh Court January 2003 Judgments
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Rama @ Ramalal Vs. Badrilal and ors.
Court: Madhya Pradesh
Decided on: Jan-10-2003
Reported in: 2003(2)MPHT261
A.M. Sapre, J.1. Defendant No. 1 has come up in miscellaneous appeal under Order 43 Rule 1 of CPC against an order, dated 19-9-2002, passed by learned Vth Additional District Judge, Ujjain in C.S. No. 57-A of 2002, whereby an application made by the plaintiff under Order 39 Rules 1 and 2 of CPC seeking injunction is allowed. The short question is, whether Lower Court was justified in allowing it.2. On the strength of an agreement, dated 17-7-1997, the plaintiff (respondent No. 1) has filed a suit for specific performance of contract for purchase of suit land (1.882 Hectares). The suit is filed on 13-6-2002. It is alleged inter alia that defendants who are father and sons (defendant No. 1 is the father and 2, 3 and 4 are sons) have agreed to sell the suit land to the plaintiff for a total sum of Rs. 1,80,000/-. It is alleged that out of Rs. 1,80,000/-the plaintiffs have paid a sum of Rs. 1,32,000/- in cash and accordingly, plaintiff was placed in possession of the suit land. It is then ...
Mohd. Syed and anr. Vs. Hindustan Petroleum and Three ors.
Court: Madhya Pradesh
Decided on: Jan-10-2003
Reported in: 2003(2)MPHT145; 2004(1)MPLJ180
A.K. Shrivastava, J. 1. Feeling aggrieved by the judgment and decree dated 21-12-1994 passed by the learned 1st Additional District Judge, Bhopal in Civil Suit No. 07-B/91, whereby the suit of the plaintiffs has been dismissed, the plaintiffs have preferred this appeal under Section 96 of the Code of Civil Procedure (hereinafter referred to as 'the Code').2. In brief, the case of plaintiffs is that their adult son Mohd. Javeddied on account of burn injuries sustained by him while he was trying to save the lives of his next door neighbourers in whose house the fire took place.3. On 13-1-1991 at about 8 a.m., a fire was reported to be broken out in the house adjoining to the plaintiffs' house, as a result of which their adult young and brave son aged about 23 years (Mohd. Javed) rushed to the said house to save the lives of the inhabitants of that house. In this process, their son succeeded to save the lives but unfortunately put his own life into an end on account of sustaining the seri...
Ramesh Chandra Dhawai Vs. M.P.S.R.T. Corporation and ors.
Court: Madhya Pradesh
Decided on: Jan-10-2003
Reported in: [2003(97)FLR664]; 2003(2)MPHT218
ORDERA.M. Sapre, J.1. Having heard the learned Counsel for the petitioner and having perused the record of the case, I find absolutely no case to interfere hence, petition merits dismissal in limine.2. What is challenged in this writ is a transfer order, dated 30-12-2002 (Annexure P-10). Petitioner - an employee of M.P.S.R.T.C. is transferred from Dhar to Ujjain. The impugned order is passed purely on administrative ground. Petitioner does not want to join at Ujjain. The challenge is not on the ground of malafide, nor the challenge is based upon any violation of transfer policy.3. A transfer of an employee from one place to another, is an integral part of the service and is always recorded as an incidence of a service. It is in fact attached as one of the condition of a service contract. An employee can not possibly say that he should not be transferred from one place to another unless he is able to show that due to some specific clause or policy or a term in the service contract or du...
Nagar Palika Parishad Vs. Tulsiram and anr.
Court: Madhya Pradesh
Decided on: Jan-10-2003
Reported in: [2003(97)FLR922]; (2003)IIILLJ337MP; 2003(2)MPHT443
ORDERA.M. Sapre, J.1. Having heard the learned Counsel for the petitioner and having perused the record of the case, I find no merit in this petition which deserves to be dismissed in limine.2. It is a petition, filed under Article 227 of the Constitution of India. It seeks to challenge an order passed by the Labour Court, which has dismissed the application made by the petitioner for setting aside of an ex parte award, dated 13-3-2001 (Annexure P-4). The impugned order is dated 19-3-2002 (Annexure P-9).3. An Industrial Reference under Section 10 of the Industrial Disputes Act was made to the Labour Court for deciding the legality and validity of a termination order of the respondent No. 1. Petitioner was accordingly noticed. They being the employer, entered appearance and submitted their written statement.4. Since later they did not appear in the Court proceedings, the Labour Court had no option but to proceed ex parte against the petitioner. Accordingly, evidence was recorded of resp...
M.P. Special Police Establishment Vs. State of M.P. and ors. Overruled
Court: Madhya Pradesh
Decided on: Jan-10-2003
Reported in: 2003CriLJ4610; 2003(3)MPHT9; 2003(2)MPLJ204
ORDERS.P. Khare, J.1. These are two Letters Patent Appeals by the M.P. Special Police Establishment challenging the order of the Single Bench by which the sanction for prosecution of the two Ministers under Section 197, Cr.PC accorded by the Governor for the offence punishable under Section 120B, IPC has been quashed. 2. Bisahu Ram Yadav and Rajendra Kumar Singh were Ministers in the Government of Madhya Pradesh. A complaint was made to the Lokayukta against them for releasing 7.5 acres of land illegally to its earlier owners which had been acquired by the Indore Development Authority from them. The case was registered on 31-3-1998 and investigated by the Special Police Establishment (SPE) constituted under the M.P. Special Police Establishment Act, 1947 and functioning under the Superintendence of the Lokayukta. After investigation the SPE was of the view that there is sufficient ground for prosecution of the two Ministers under Section 13(1)(d) read with Section 13(2) of the Preventi...
Shahjahan Begum and ors. Vs. Lakhan Pratap Singh and anr.
Court: Madhya Pradesh
Decided on: Jan-10-2003
Reported in: 2005ACJ550
Bhawani Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Chhatarpur in Claim Case No. 23 of 1999.2. Shortly stated, Shabbir Khan was driver of Lakhan Pratap Singh in jeep No. MP 16-A 4496. It met with an accident on 13.5.1999 when it struck against a roadside board and Shabbir Khan died, as a result of injuries received in this accident. At the time of accident Bhagwant Singh, AW 2, was also in the jeep. He also suffered injuries. The matter was reported to the police. F.I.R. was at the instance of Bhagwant Singh in which he alleged rash and negligent driving by Shabbir Khan, to be the cause of accident. This report is Exh. P-1-C.3. Through the claim petition, compensation has been claimed by the claimants who happen to be the wife and children of the deceased. The jeep was insured with New India Assurance Co. Ltd. Lakhan Pratap Singh states that Shabbir Khan was a perfect driver having a valid driving licence. While the insurance company...
Vijay Karan Verma Vs. Abdul Naseem and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2003
Reported in: 2003(1)MPHT535
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 209/1998, dated 28-9-1999.2. On 22-9-1997, claimant was going on his motor-cycle. Mini Bus bearing registration No. MP-04-H-7510, owned by Durga Bus Service, Bhopal, driven by Abdul Naseem and insured with New India Assurance Co. Ltd., dashed against the motor-cycle, because the Mini Bus was being driven rashly and negligently. As a result of the accident, claimant suffered fracture in his left hand, left knee and right leg. He was treated and hospitalised at Hamidia Hospital, Bhopal from 22-94997 to 12-10-1997. He suffered permanent disability to the extent of 20% as per Dr. Raghvendra Sadh (A.W. 3). He alleges that due to this accident, he underwent great pain and suffering, his chances of promotion were affected sine he was withdrawn from field duty to office duty and he had to spend on treatment and take special diet.3. Driver remained absent, while owne...
Ajay Kumar Keshwani and Anr. Vs. Smt. Helena D'Souza and Ors.
Court: Madhya Pradesh
Decided on: Jan-09-2003
Reported in: 2003(2)MPHT78
ORDERNarain Singh 'Azad', J.1. The learned JMFC, Jabalpur refused to take cognizance of any offence against non-applicant Nos. 1 to 7 by order dated 4-1-2001, on the complaint filed by these petitioners for offences punishable under Sections 406, 420 and 120B of the IPC. The petitioners challenge to aforesaid order in Cr.R. No. 53/2001 stood negatived by IInd ASJ, Jabalpur, on 31-12-2001, therefore, the petitioners seek exercise of inherent powers, for this direction to the learned JMFC, Jabalpur, that cognizance of offence may be taken against the non-applicants. 2. As per complaint on 13-3-2000, non-applicant Nos. 1 and 2, agreed to sell in writing their property situated at block No. 16, plot No. 17/6, Civil Lines, Jabalpur, comprising an area of 600 sq. ft. alongwith 4 shops and 4 rooms, and received an amount of Rs. 25,000/- each, with total of Rs. 50,000/-as advance in respect of aforesaid agreement. Non-applicant Nos. 1 and 2 agreed to get the sale-deed executed and registered w...
Parasram Alias Parasuram Rahanagdale and anr. Vs. Sekh Kayum and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2003
Reported in: I(2006)ACC197; 2005ACJ1733; 2003(1)MPHT542
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Sconi in M.C.C. No. 116/99, dated 30-9-2000.2. Claimants are the parents of deceased Mamta who died in a motor accident on 23-11-99 when one truck bearing registration No. MP-20 G-3852, driven rashly and negligently, hit the deceased in front of Government School, Jewnara. At the time of accident the deceased was 18 years old, studying in B.A. IInd year. She was also earning Rs. 3,000/- per month by tailoring work. The Claims Tribunal has come to the conclusion that the accident took place, as alleged due to rash and negligent driving of the offending vehicle by its driver. Compensation of Rs. 1,24,500/- (Rupees one lakh twenty four thousand and five hundred) has been awarded with interest at the rate of 12% from the date of application, settling the dependency at Rs. 10,000/- (Rupees ten thousand) per year, thereby rejecting the evidence that the deceased was earning Rs. 3000/- pe...
Ashok Kumar Vs. Balmukund
Court: Madhya Pradesh
Decided on: Jan-09-2003
Reported in: 2003(2)MPHT200
ORDERA.K. Shrivastava, J.1. Feeling aggrieved by the order dated 23-11-95 passed by the First Additional Sessions Judge, Tikamgarh in Criminal Revision No. 6/94, whereby the order dated 29-7-93 passed by the learned Chief Judicial Magistrate, Tikamgarh in Complaint Case No. 843/93 registering the case against the respondent No. 1 under Section 420 of the Indian Penal Code (in short 'the IPC), the applicant has preferred this revision petition.2. No exhaustive statement of the facts are necessary for the disposal of this revision petition. In brief the case of the applicant, who filed private complaint before the Chief Judicial Magistrate, is that respondent Balmukund who is a Patwari, manipulated certain documents. According to the complaint, the applicant was given a Bhumiswami Patta on 15-9-1986 by the Gram Panchayat, Nayakhera of Khasra No. 959 measuring 50 x 50 sq. feet total area 2,500 sq. feet, which is equivalent to .023 hectare, the total area of the said Khasra is .798 hectare...
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