Madhya Pradesh Court December 2003 Judgments
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Ashima Joshi Vs. Sameer Joshi
Court: Madhya Pradesh
Decided on: Dec-05-2003
Reported in: II(2004)DMC48; 2004(2)MPHT550
ORDERA.M. Sapre, J.1. This is a writ under Article 227 of the Constitution of India. It is filed by the defendant, against an interim order, passed by the Family Court on an application under Section 24 of the Hindu Marriage Act. By impugned order, the learned Family Judge has fixed Rs. 2,500/- per month by way of maintenance to be paid to petitioner i.e. wife, Rs. 500/- per month for her minor child and Rs. 3,000/- towards litigation expenses. Petitioner says that it is less and should have been more. She also claim some amount towards maternity expenses.2. In my view, Writ Court may not be able to go into the factual issues arising out of disposal of such interim applications, which does not decide the rights of the parties. When the revision is held barred then writ can not be a substitute in every case. A Writ Court can come in only when there is gross injustice caused to the parties or where it is a pure question of jurisdiction. Every intention order deciding the application of i...
Khuman Singh Vs. Jail Superintendent, Central Jail and ors.
Court: Madhya Pradesh
Decided on: Dec-05-2003
Reported in: 2004(2)MPHT36
ORDERA.M. Sapre, J.1. By this petition filed under Article 226 of Constitution of India, the petitioner prays for his release on probation under the provisions of M.P. Prisoners' Release on Probation Act, 1954 read with M.P. Prisoners' Release on Probation Rules, 1964.2. Although, concerned District Magistrate, Superintendent of Police and Jail Superintendent have recommended the case of petitioner for his release on probation in terms of Rules applicable, the Board by impugned order dated 2342-2002 (Annexure P-1) rejected the prayer of petitioner essentially or rather only on the ground that the nature in which the offence was committed by the petitioner does not entitle him to seek his release on probation. It is against this rejection, the petitioner is in writ.3. Heard Smt. Sonali Gupta, learned Counsel for the petitioner, Shri P. Verma, learned Government Advocate for respondent Nos. 1 and 2 and Shri P.R. Bhatnagar, learned Counsel for respondent No. 3.4. Having heard learned Coun...
J.P. Gupta Vs. National Insurance Company Limited
Court: Madhya Pradesh
Decided on: Dec-05-2003
Reported in: 2006ACJ652; 2004(3)MPHT344; 2004(3)MPLJ308
S.S. Jha, J. 1.This appeal is filed by the appellant/plaintiff against dismissal of his suit.2. Plaintiff filed a civil suit for recovery of Rs. 1,40,547.05 paise.Plaintiff purchased a vehicle Maruti Van hearing registration No. MO 07 1965.Said vehicle was insured between 23-3-1991 to 22-3-1992. On 5-5-1991 whenthe driver of the vehicle was taking the vehicle from Gwalior to Dabra, on theway two people asked for lift and he had given them lift upto the Hanumantemple of Jourasi. At the temple, driver was offered 'Prasad' and limca (colddrink). Thereafter driver fell unconscious and when he regained consciousnesshe found himself by the side of the road. He informed about the incident tothe plaintiff's son on 7-5-1993 and the plaintiff was informed on 8- 5-1991 byhis son. Plaintiff returned from Indore on 9-5-1991 and lodged the FIR on10-5-1991 at the Police Station, Huzrat Kotwali, Gwalior. Plaintiff submittedthe claim to the defendant/Insurance Company, but the defendant did notsatisfy ...
M.P.S.E.B. Vs. the Collector and ors.
Court: Madhya Pradesh
Decided on: Dec-05-2003
Reported in: 2004(2)MPHT126
ORDER1. In these appeals, a common question of law arise for decision, therefore, they are being heard together and a common order is passed.2. Appellant, M.P. State Electricity Board (hereinafter referred to as the 'Board') being aggrieved by the order dated 20-9-2002 passed in W.P. No. 5138/2002 by the learned Single Judge, has preferred these Letters Patent Appeals.3. The facts in brief are that on 7-9-2001 eleven years old son of the second respondent, left his home for plucking flowers for 'Pooja' near B.T. Road in front of residence of Asharam Patel. An electric wire was lying by the side of the road. The little boy came in contact of electric wire and died due to electrocution.4. It was alleged by the parents of the deceased boy that the Board was negligent and a claim petition was filed under Section 6(1) of the Public Liability Insurance Act, 1991 (hereinafter referred to as 'the Act') claiming a compensation of Rs. 2,25,000/-.5. The first respondent, before whom the claim pet...
Badri Singh Thakur and ors. Vs. National thermal Power Corporation and ... Overruled
Court: Madhya Pradesh
Decided on: Dec-05-2003
Reported in: [2004(102)FLR468]; (2004)IILLJ1101MP; 2004(3)MPHT96; 2004(2)MPLJ348
Kumar Rajaratnam, C.J.1. The factual matrix, the centripodal polemic, the arguments urged, the justification provided, picture frescoed and the lis spiralled being common in all these appeals they were heard analogously and are disposed of by this common order. To appreciate the vital and constitutive issues that arise in these cases it is apt and appropriate to refer to the facts in L.P.A. No. 89/1998 so that the expose of facts would become clear.2. The appellants (who were the petitioners in the Writ petition No. 3236/1997) (hereinafter referred to as 'the petitioners') invoked the inherent and equitable jurisdiction of this Court under Article 226 of the Constitution of India putting forth a case that they have been employed as electricians since 1987 as workmen under National Thermal Power Corporation (in short 'the Corporation') for maintenance of Korba Super Thermal Power Project colonies. The Corporation and its functionaries have not directly employed the petitioners but they ...
Parag Fans and Cooling Systems Ltd. Vs. Commercial Tax Officer-cum-teh ...
Court: Madhya Pradesh
Decided on: Dec-05-2003
Reported in: [2006]143STC231(MP)
ORDERA.M. Sapre, J. 1. In substance, the case of the petitioner in this petition is that though their case (appeal) is still pending before the State Appellate Forum (annexure P 10) against the order dated April 16, 2002 (annexure P 9), passed by S.L.C. (State Level Committee), where the question involved is, whether petitioner can be granted exemption from payment of sales tax on the goods manufactured by them in their industrial unit, the sales tax (commercial tax) authorities have attached the properties of the petitioner for non-payment of sales tax by impugned notices of attachment (annexure P 19). In other words, the grievance of the writ petitioner is that when the larger and/or main question, viz., whether petitioner is entitled to claim exemption by way of deferment of payment of sales tax/commercial tax on the goods manufactured and sold by them is pending consideration before the appellate authority, yet the State has a right to recover the tax from the petitioner because th...
Sagarmal Bhandari Vs. Rajendra Kumar
Court: Madhya Pradesh
Decided on: Dec-05-2003
Reported in: IV(2004)BC513
A.K. Awasthy, J.1. Appellant/plaintiff has filed this appeal under Section 96 of the CPC against the judgment and decree dated 17.9.93 in Civil Suit No. 1-B/93 passed by learned 1st Additional District Judge, Dhar Camp Court at Sardarpur wherein the appellant plaintiff is deprived of the agreed rate of interest on the principal sum prior to the filing of the suit.2. The appellant/plaintiff has given the amount of Rs. 30,000/- to the respondent defendant on 9.2.92 on the interest Rs. 2% per month and the defendant has executed the pronote in favour of the plaintiff. That the amount of Rs. 30,000/- was paid by the defendant after filing of the suit by the Bank Draft dated 20.7.93 to the plaintiff. The learned Trial Court has provided the interest @ 6% per annum to the appellant plaintiff from 9.2.93 and the cost of the Suit was not provided to the appellant plaintiff.3. It is contended by the learned Counsel for the appellant that the learned Trial Court has erred in refusing to provide ...
State of M.P. and ors. Vs. Gautam Nagar Housing Society
Court: Madhya Pradesh
Decided on: Dec-04-2003
Reported in: 2004(1)MPHT493
ORDERKumar Rajaratnam, C.J.1. The appellants being aggrieved by the order of the learned Single Judge dated 8-9-1998, in Writ Petition No. 1453/95 (Gautam Nagar Housing Society v. State of M.P. and Ors.), have preferred this Letters Patent Appeal.2. The short question that arose before the learned Single Judge was whether the Town & Country Planning Authority has got the power to require the Developer to surrender the land to the extent of 15% of the area, for which development was sought tor by a Developer for informal sector. The learned Single Judge held that the condition of surrender of 15% of the land for the purpose of informal sector is contrary to law without payment of just compensation.3. The facts briefly are that the respondent is a Housing Society. It has 187 members belonging to service class and weaker section of the society. The respondent-Housing Society applied for exemption under Section 20 of the Urban Land (Ceiling & Regulations) Act, 1976, which was granted to hi...
Dr. Subhash JaIn Vs. Shailendra Kumar Malaiya and anr.
Court: Madhya Pradesh
Decided on: Dec-04-2003
Reported in: AIR2004MP246; 2004(1)MPHT336; 2004(2)MPLJ476
ORDERK.K. Lahoti, J.1. Petitioner has filed this petition challenging the order dated 1-11-2003 passed by First Civil Judge, Class-I, Sagar in Civil Suit No. 33-A/2000, by which petitioner's application under Order 14 Rule 2 of CPC, has been rejected.2. Learned Counsel for petitioner submits that the issue Nos. 9, 10 and 11 are the legal issues, which may be decided even without recording the evidence. The Trial Court ought to have decided these issues on the application of petitioner. In continuation to the aforesaid argument, learned Counsel for petitioner submits that, without affording opportunity to the petitioner, the Trial Court has decided issue No. 10, which ought to have been decided after recording evidence. Contending aforesaid learned Counsel for petitioner submits that the impugned order may be quashed.3. The issues in question reads as under :--9- D;k oknhx.k dk ;g okn] fcuk LoRo dh ?kks'k.kkdh lgk;rk ekaxs fcuk dkuwuu pyus ;ksX; ugha gS10- D;k okn dk U;wu ewY;kadu fd;k ...
Gop Chand Rai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-04-2003
Reported in: 2004(2)MPHT21
ORDER1. This L.P.A. is taken up for final disposal with the consent of parties.2. The ticklish question before the Court is what can one do with a Constable in the Special Armed Force if he performs his second marriage which is in violation of Rule 22 of M.P. Civil Services (Conduct) Rules, 1965 with the consent of the first wife but without obtaining permission of the Government as required under the rules.3. The answer to this question has to be looked at both from our human angle and also in accordance with the law prevailing at the relevant time.4. The admitted facts leading to the termination of the Constable are as follows :--The appellant who was a Police Constable was married to one Reena Rai in the year 1986. After leading a happy married life, in 1994, disputes started cropping up between the husband and the wife. Ultimately, a Panchayat was held and at the end of Panchayat it was resolved that the marriage stood dissolved. An agreement by both the parties was signed and both...
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