Madhya Pradesh Court January 2003 Judgments
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State of M.P. Vs. Shiv Prasad and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2003
Reported in: 2003(2)MPHT208
S.L. Jain, J.1. Being aggrieved by the judgment and order of acquittal, passed by Special Judge, Hoshangabad, the State of Madhya Pradesh has filed this appeal under Section 378(3) of the Code of Criminal Procedure for setting aside the judgment and order of the Trial Court. By the imugned judgment and order dated 26-3-91 the accused/respondents were acquitted of the charge levelled against them for the violation of M.P. Pulses Edible Oil Seeds and Edible Oils Dealers Licensing Order, 1977 (hereinafter referred to as the 'Order') which is an offence punishable under Section 3 read with Section 7 of Essential Commodities Act, 1955 (hereinafter referred to as the 'Act').2. The prosecution case, in brief, is that the respondents are the partners of a partnership firm namely M/s. Agrawal Brothers, Bawai. On different dates they despatched 135 bags in lin seeds to Nagpur. On 23-4-88 they despatched 130 bags of lin seeds from Bawai to Nagpur, through New Janta Transport. Similarly, on 21-3-8...
State of M.P. Vs. Patiram
Court: Madhya Pradesh
Decided on: Jan-21-2003
Reported in: 2003(2)MPHT312; 2003(3)MPLJ333
S.L. Jain, J. 1. Being aggrieved by the judgment and order of acquittal, passed by Judicial Magistrate, First Class, Gadarwara, the State of M.P. has filed this appeal under Section 378(3) of the Code of Criminal Procedure, 1973 for setting aside the judgment and order of the Trial Court. By the impugned judgment and order dated 26-9-91, respondent/accused Patiram was acquitted of the offence punishable under Section 7(1) read with Section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). Leave to appeal was granted on 30-4-1992.2. The case of the prosecution in short is that on 8-6-90 the respondent/accused was carrying three containers of milk on a bicycle. K.P. Rai (P.W. 1), the Food Inspector exercising the jurisdiction over Gadarwara, accosted the respondent and disclosed his identity. On being questioned, the respondent disclosed him name to be Thola son of Bhola Yadav, resident of Khursipar, P.S., Gadarwara. On being further questio...
Ramkripal Pandey Vs. M.P. State Road Transport Corporation and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2003
Reported in: [2003(97)FLR350]; 2003(2)MPHT323
ORDERA.M. Sapre, J. 1. Even according to the learned Counsel for the petitioner he has a remedy by filing an application under Section 31(3) of the M.P. Industrial Relations Act for his grievances for which this petition has been filed.2. When a particular Act as in this case M.P.LR. Act provides for particular statutory remedy to be gone into by particular forum prescribed in the Act, writ is not an appropriate remedy to be entertained or encouraged. It is much more so when under the aforesaid Act a right of appeal is also given against a verdict given by the Labour Court. Indeed, in this particular matter, the petitioner had earlier gone to a Labour Court and eventually succeeded. If he has a fresh cause of action in relation to implementation of the orders passed by the Labour Court and confirmed by the Industrial Court, fresh application on the basis of fresh cause of action can always be filed before the Labour Court under M.P. Industrial Relations Act.3. Submission of learned Cou...
Vijay Bhadur and Champalal Vs. Surendra Kumar
Court: Madhya Pradesh
Decided on: Jan-21-2003
Reported in: AIR2003MP117; 2003(2)MPLJ86
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment and decree dated 28-9-1995 passed by learned XIth, Additional Judge to the Court of District Judge, Indore in civil suit No. 78-A/90 decreeing the suit of plaintiff for specific performance of contract, the defendants/appellants have preferred this appeal.2. The facts shorn on unnecessary details lie in a narrow compass. In brief the case of plaintiff is that, he is the tenant in the house bearing municipal No. 268 (New No. 381), situated at M.G. Road, Indore, the owner of which is appellant Vijay Bahadur (hereinafter referred to as the appellant No. 1).3. The appellant No. 1 agreed to sell his house to the plaintiff for a consideration of Rs. 40,000/- (Rupees forty thousand only) and executed a document of agreement of Sale (Ex. P/1) on 6-12-1988 and received Rs. 15,000/- (Rupees Fifteen Thousand only) as an advance money from the plaintiff/respondent. It was agreed between the parties in the said agreement that appellant No. 1 ...
Tulsi Ram and anr. Vs. Jaiveersingh and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2003
Reported in: 2004ACJ1914
A.K. Gohil, J.1. This is appellants-claimants' appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation against the award dated 2.1.2002 passed by Additional Motor Accidents Claims Tribunal, Mandsaur, in Claim Case No. 124 of 2001.2. The brief facts of the case are that on 25.1.2001 at about 4 p.m. the deceased Deepak, aged about 20 years, who was the son of the claimants and was working as a barber, going to Jaora from Mandsaur in a loading autorickshaw. The said autorickshaw came on the dhaba of Dilipsingh and was stopped for a while. At the same time one truck bearing registration No. HR 38-D 4243, owned by respondent No. 2 and which was being driven by respondent No. 1, came from Jaora side rashly and hit the autorickshaw which was standing. The said truck was insured with respondent No. 3. On account of this accident, the loading autorickshaw turned turtle and deceased Deepak who was sitting in the autorickshaw died on the spot. Immediately he was taken t...
Steel Tubes of India Ltd. Vs. Tehsildar and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: (2003)2CompLJ31(MP); [2004]52SCL217(MP)
ORDERA.M. Sapre, J. 1. Heard on confirmation/modification of an ad interim writ granted by this court (Vacation Judge) on 23.12.2002, directing parties to maintain status quo as it existed on 23.12.2002.2. Having heard the learned counsel for the parties at length and having perused the record of the case, I am of the considered view that a prima facie case is made out by the petitioner on the strength of law laid down by the Supreme Court in the case of Gram Panchayat v. Shree Vallabh Glass Works Ltd. (1992) 3 Comp LJ 346 (SC) : (1990) 2 SCC 440 ; Maharashtra Tubes Ltd. v State Industrial and Investment Corporation of Maharashtra (1994) 2 Comp LJ 346 (SC) : (1993) 2 SCC 144, and, lastly, in the case of Real Value Appliances v. Canara Bank (1998) 3 Comp LJ 58 (SC) : AIR 1998 SC 2064. Accordingly, it is necessary for this court to pass appropriate orders in the form of ad interim writ to safeguard the interest of the petitioner company, keeping in consideration the law laid down in afor...
Mahendra Kumar Soni Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: 2003(3)MPHT22
ORDERDipak Misra, J.1. The mythical King Yajati exchanged his old age with his youthful son, and in the instant case, the petitioner though has not intended to travel to that extent yet has vehemently opposed and resisted with indefatigable spirit the action of the State Government, his employer, by whose action the date of birth of the petitioner, as pleaded by him, has been substituted as 1-12-1938 though it was 1-12-1940. We say so as Mr. N.S. Ruprah, learned Counsel appearing for the petitioner, canvassing the case of the petitioner and assailing the order passed by the Madhya Pradesh Administrative Tribunal (in short 'the Tribunal') in O.A. No. 980/99 has urged with all the emphasis at his command that the State Government has failed in its obligation to behave like a model employer and visited him with such consequences at the fag end of his service career which is neither permissible in law nor in equity. 2. The factual score to wit is that the petitioner (hereinafter referred t...
Pradip Kumar Shakya and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: [2003(97)FLR410]; (2003)IILLJ789MP
A.M. Sapre, J.1. With the consent matter is finally heard.The petitioner seeks to challenge the order dated March 24, 2000 passed by the State (Labour Department) addressed to the respondent No. 2 where it is held that since the respondent No. 2 is not an industrial establishment within the meaning of Section 25L(a)(i) of the Industrial Disputes Act, 1947 and hence no relief can be granted to respondent No. 2. It is on this ground the State has declined to entertain the application submitted by the respondent No. 2 under Section 25O of the Act, giving rise to filing of this writ challenging the same.2. The petitioner is an Union of Employees working in the respondent No. 2. It is the case of the petitioner that the respondent No. 2 which is engaged in the business of manufacturing and selling of 'Bidi' is undoubtedly an industry and hence subjected to the provisions of Labour Laws including the Industrial Disputes Act. It is their contention that there was absolutely no justification o...
Daulat Ram Gupta Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: AIR2003MP223; 2003(3)MPLJ264
ORDERRajendra Menon, J.1. The petitioner, elected President of Municipal Council Shivpuri has filed this petition questioning the tenability and validity of the order Annexure P-1 dated 13-9-2002 passed by the State Govt. in exercise of its powers under Section 41A of the Madhya Pradesh Municipalities Act 1961 removing him from office.2. It is the case of the petitioner that he was elected as President of the Council on 27-12-1999, he took charge of the Office on 4-1-2000 and since then had been discharging the duties when by the impugned order he has been removed.3. It is averred by the petitioner that prior to him one Smt. Krishna Gupta was President of the Municipal Council, during her tenure a resolution was passed by the Council for the purpose of laying down roads with asphalt, the Council sanctioned the bid invited tender's and contract was given for construction of asphalt, road on hotmix method. It is averred in the petition that for the said purpose a sum of Rs. 24 lacs was s...
Shambhau and anr. Vs. Daulat Ram and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: 2004ACJ1809
A.K. Gohil, J.1. Appellants-claimants have filed this appeal under Section 173 of Motor Vehicles Act, for enhancement of compensation being aggrieved against the award dated 22.2.2001 passed by Second Additional Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 139 of 2000.2. The brief facts of the case are that on 18.5.2000 deceased Prakash Meena was travelling as a pillion rider on motor cycle bearing registration No. RJ 06-MM 9451 from Kukdeshwar to Rampura. One Bal-beer Singh was driving the said motor cycle. From opposite side bus bearing registration No. MP 14-K 2711 was coming which was being driven by respondent No. 1 driver Daulatram rashly and negligently and dashed the motorcyclist. On account of the accident deceased Prakash Meena died on spot. He was taken to Kukdeshwar Government Hospital where he was examined. The matter was reported to the Police Station, Kukdeshwar and criminal case was also registered. The deceased was unmarried and aged about 20 years. The ...
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