Madhya Pradesh Court May 2003 Judgments
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Rajendra Kumar Koshake Vs. Smt. Renuka
Court: Madhya Pradesh
Decided on: May-07-2003
Reported in: I(2004)DMC53
A.K. Awasthy, J.1. This appeal is filed by the appellant/petitioner under Section 28 of the Hindu Marriage Act against the judgment and decree dated 23.12.1996 passed by the District Judge, Mandla in Civil Suit No. 23-A/1994 wherein the petition filed under Section 12 of the Hindu Marriage Act for anulling the marriage was dismissed.2. The admitted facts of the case are that the marriage in between the appellant and the respondent was solemnised according to Hindu rites and customs in the month of May, 1994 at Village Saraiya, Tah. and District Balaghat.3. The case of the appellant/plaintiff is that after the solemnisation of the marriage when the respondent/wife came to the matrimonial house, her behaviour was found abnormal. That on the first night, the wife was frigid and unresponsive to the sexual advances. That she was disorganised and irrelevant in arranging her affairs and talks. That the consent of appellant was obtained by concealing the deranged state of mind of respondent an...
Priyanka Upadhyaya Vs. Coal India Ltd. and anr.
Court: Madhya Pradesh
Decided on: May-07-2003
Reported in: [2005(104)FLR281]; (2005)ILLJ476MP; 2004(4)MPLJ259
ORDERS.P. Khare, J.1. This is a writ petition under Article 226 of the Constitution of India for a direction to the respondents to pay gratuity to the petitioner as per 'Executive Cadre Retirement Gratuity Scheme, 1974' on the death of her husband.2. It is not in dispute that the petitioner's husband Hariom Upadhyay was an employee of respondent No. 2 South Eastern Coalfields Limited in Umaria Sub-area. He was appointed on December 6, 1991 and he was in the executive cadre. He died in harness on April 16, 2001. He was drawing emoluments of Rs. 21,377/- per month at the time of his death. The petitioner has been given an amount of Rs. 1,00,923/- as gratuity as per Payment of Gratuity Act, 1972 as amended in 1994 (hereinafter to be referred to as 'the Act'). There was a Scheme known as 'Executive Cadre Retirement Gratuity Scheme, 1974' (hereinafter to be referred to as 'the Scheme'). This Scheme was introduced in the year 1974 for making provision for payment of gratuity to the executive...
Ashok Kumar Vishwakarma Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: 2003(2)MPHT524; 2003(3)MPLJ498
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 19-12-1995 of the respondent No. 3 by which the services of the petitioner have been terminated by giving him one month notice.2. The petitioner was appointed as Library Attendant by order dated 17-2-1992 of respondent No. 3 Registrar, M.P. State Administrative Tribunal, Jabalpur in the pay scale of Rs. 750-945. A copy of the appointment letter is Annexure P-l. It was stipulated in this order that the services of the petitioner would be purely temporary and liable to termination at any time without notice. His services were terminated by order dated 19-12-1995 (Annexure P-2) with effect from 18-1-1996. Thus, the petitioner was given one month notice. This is termination simpliciter.3. The petitioner's case is that he had completed more than three years of service and he had acquired quasi permanent status and his services could not be terminated without hold...
Wali Mohammed Vs. Batulbai
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: 2003CriLJ2755; [2003(4)JCR625(MP)]; 2003(3)MPHT113; 2003(2)MPLJ513
N.K. Jain, J.1. All these matters arising out of the proceedings initiated by Muslim wives against their (former) husbands for grant of maintenance allowance or recovery of the amount already awarded, under Section 125 of the Code of Criminal Procedure (for short, 'the Cr.PC'), by the order of Hon'ble the Chief Justice, have been placed before us for resolution of following questions :--(i) Whether the Muslim Women (Protection of Rights on Divorce) Act, 1986, (for short, 'the Act of 1986'), can be given retrospective effect so as to cover the claim for maintenance instituted by a divorced Muslim woman under Section 125 of Cr.,PC, prior to coming into of the Act of 1986?(ii) Whether a Muslim divorced woman is entitled to institute the proceeding for recovery of arrears of allowance for maintenance under Section 125(3) or 127 of Cr.PC in respect of the order of maintenance passed under Section 125(1)(a), Cr.PC prior to the enforcement of the Muslim Women (Protection of Rights on Divorce)...
Badrilal Patidar and anr. Vs. Kanhaiyalal and ors.
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: 2003(3)MPHT349
A.M. Sapre, J.1. The only issue urged in support of this second appeal filed under Section 100 of CPC by the defendant against the judgment/decree, dated 31-1-2001, passed by learned IInd Additional District Judge, Neemuch in C.A. No. 12-A of 1998, which in turn arises out of Civil Suit No. 45-A of 1982, decided on 28-1-1998, by Civil Judge, Class II, Neemuch, was that the First Appellate Court was not justified in deciding the issue of limitation in favour of plaintiff. In other words, the submission of learned Counsel for the appellant (defendant) while impugning the judgment/decree of First Appellate Court was that the suit filed by the plaintiff claiming 1/3rd share in the suit properties and for effecting partition and separate possession should have been held to be barred, because of the same not having been filed within three years from the date of accrual of cause of action. It is this submission which was repelled by the First Appellate Court by holding the suit to be maintain...
Metalcraft Industries Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: 2003(3)MPHT324; 2003(4)MPLJ420
ORDERArun Mishra, J.1. Petitioner in this writ petition is assailing the order (Annexure F), dated 25-11-1988 by Industries Commissioner and memo (Annexure I), dated 20th March, 1992 issued by the General Manager, District Industries Centre, Bhopal. Prayer is made to further declare that provisions of Urban Land (Ceiling & Regulation) Act, 1976 are not applicable on the factory and premises of the petitioner and mandamus be issued for restraining the respondents from disturbing the possession of petitioner over Plot Nos. 56 and 57-A, Govindpura, Bhopal.2. Injunction was granted to the petitioner by the order of Revenue Minister (Annexure H). However, it appears that later an order was passed on 11-11-91 by which State Government decided not to give exemption to the petitioner which is mentioned in the bottom note of memo (Annexure I), dated 20th March, 1992. It is mentioned in the memo that possession was not taken and compensation has also not been disbursed, compensation was to be pa...
Vikas Gupta and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: 2003(3)MPHT330
ORDERArun Mishra, J.1. Petitioner in this writ petition has prayed for writ of certiorari to quash the orders (Annexures-D, I, J, K and L) and from prohibiting the respondents from interfering with the possession and enjoyment of petitioners or acquiring the same.2. It is averred in the petition that the petitioners are father and son and petitioner No. 2 carried on business of refractories. Petitioner No. 1 Vikas Gupta purchased a piece of land, area 1.307 hectares out of Khasra No. 528, area 1.388 hectares situate in Mouza Jhinjhari, Tehsil Murwara, District Jabalpur, vide registered sale-deed (Annexure-A), dated 27-6-80 for a consideration of Rs. 11,500/- from Punaua and others, who delivered possession of the said land to him. He is in peaceful possession of the said land since then in Bhumiswami rights. Mutation was made in Khasra (Annexure B).3. It is further averred that the State Government allotted an area of 8 acres for building a Sub-Jail in Mouza Jhinjhari, over survey No. ...
Gupala Dhimar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: 2003(3)MPHT360; 2004(2)MPLJ121
ORDERS.K. Pande, J.1. Arguments heard.2. This revision under Section 115, CPC is directed against the order dated 20-10-94 passed by Civil Judge Class II, Orchha in M.J.C No. 5/91, allowing application under Order 9 Rule 13, CPC filed by respondent No. 3, whereby ex-parte decree dated 27-4-88 in C.S. No. 11-A/88 was set aside.3. Facts in brief are, petitioner instituted C.S. No. 11-A/88 in the Court of Civil Judge Class II, Orchha against respondent Nos. 1 and 2 State of M.P. and Tehsildar, Pirthvipur respectively for relief of permanent injunction in respect of the suit land measuring 8.00 acres.4. It was contended by respondent Nos. 1 and 2 that an area measuring 2.5 acres out of the suit land has been allotted to respondent No. 3 Purva Madhyamik Shala, Luharguan. Thereafter, respondent Nos. 1 and 2 remained absent and vide judgment dated 27-4-88, the suit was decreed. Matadeen, said to be the President of the Education Committee of respondent No. 3 filed an application under Order 9...
The Food Corporation of India Vs. Ratanlal N. Gwalani
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: AIR2004MP215; 2004(1)MPHT56; 2004(1)MPLJ552
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment and decree dated 7-10-1999 passed by the learned District Judge, Hoshangabad in Civil Suit No. 4-B/92, the defendant has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908.2. In brief, the suit of plaintiff, who is respondent herein, is that he entered into an agreement with the defendant Corporation for the construction of 50,000 M.T. capacity godowns under Phase-I sub-head superstructure (Balance Work) at Itarsi on 15-2-1987. The value of the work which was required to be performed by the plaintiff was Rs. 1,27,38,504.00 (Rupees one crore twenty seven lacs thirty eight thousand five hundred and four only), the period of the contract was 15 months w.e.f. 6-2-1987. The work order was issued on 8-1-1997, the date of stipulation for the completion of the contract, as per plaintiff was 5-5-1988.3. As per the pleadings putforth in the plaint, the parties entered into the contract for building work which was b...
Smt. Munnidevi and anr. Vs. Rajkumar Singh and ors.
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: 2004(3)MPHT202
ORDERS.S. Jha, J.1. This appeal is filed by claimants against dismissal of their claim petition.2. Claimants namely mother of deceased and younger brother of the deceased Netram have filed an application claiming compensation on account of death of Netram.3. On 18-4-82 at about 10.45 at night Netram was travelling in tractor being registration No. CPG 6643 from Morena towards the toll tax barrier. When the tractor reached the Roadways Bus Stand and was opposite veterinary hospital it collided with a truck being registration No. M.P.-06/5727, which resulted into death of Netram. After filing of claim petition evidence was led and on appreciation of evidence Claims Tribunal has dismissed the petition. Claims Tribunal has held that it is not proved that accident occurred on account of rash and negligent driving by the driver of truck No. M.P.-06/5727. Claims Tribunal also found that the driver and owner of the tractor, in which deceased was travelling has not been impleaded as a party and...
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