Madhya Pradesh Court August 2003 Judgments
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Dhirendra Singh Bhadhoria and ors. Vs. State of Madhya Pradesh and ors ...
Court: Madhya Pradesh
Decided on: Aug-07-2003
Reported in: 2004(2)MPHT307; 2004(3)MPLJ146
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 29-1-2001 (Annexure P-14) issued under Section 25O(7) of the Industrial Disputes Act, 1947 (hereinafter to be referred to as 'the Act') and also the orders dated 31-3-2001 by which the petitioners have been retrenched.2. It is not in dispute that respondent No. 3 M.P. Leather Development Corporation Limited was incorporated as a Company in the year 1981 under the Companies Act, 1956 and it was being financed by the State Government. The payment of salary of the employees was being made from the funds received from the Government. The financial condition of this Corporation from the very beginning was not very sound. It was incurring heavy losses. There was a Cabinet decision of the State Government on 11-3-1998 to close and wind up this Corporation. Accordingly the Board of Directors of the Corporation took a similar decision on 2-6-1998. The Finance Depart...
Kamal Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-06-2003
Reported in: 2003(4)MPHT226; 2004(2)MPLJ57
ORDERShantanu Kemkar, J.1. The appellant has filed this appeal under Section 374 of Criminal Procedure Code against the judgment dated May 22, 1990 passed by Sessions Judge, Raisen in Sessions Trial No. 131/88, convicting him under Section 324 of Indian Penal Code with sentence of rigorous imprisonment for two years and fine of Rs. 200/-.2. The prosecution story in brief is :On 1-5-1987 at about 6.30 a.m. while the victim Hari Prasad (P.W. 4) was going on foot towards the house of Shyamlal Sahu, the sole accused/appellant intercepted him in front of the house of Ajab Singh and caused an injury on the back of his neck with a deadly weapon 'Farsa'. Hari Prasad (P.W. 4) raised an out cry and fell down. Witnesses Thakurdas (P.W. 5), Prem Narayan (P.W. 3) and one Rajesh on hearing the out cry of Hari Prasad (P.W. 4) went to the place of incident and rescued him from the appellant. Hari Prasad (P.W. 4) lodged the report at about 8.45 a.m. at Police Station, Bareilly, District Raisen. After u...
Urja Cables and Metals Pvt. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-06-2003
Reported in: 2004(112)LC15(MP); 2003(158)ELT689(MP)
ORDERArun Mishra, J.1. Heard on question of admission.Petitioner assails the orders P. 1 and P. 2 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi. As per order P. 1, dated 17.4.2002 CEGAT has passed the order considering 18 stay applications against the total liability of Rs. 51 crores as stated by the learned Counsel for the petitioner. The CEGAT has directed the amount of 5 crore 80 lacs to be deposited in the following manner:1. M/s. Urja Cables & Metals E/135/2002-NB Rs. 5,00,000/-2. M/s. Urja Cables & Metals E/136/2002-NB Rs. 3,00,00,000/-3. M/s. Continental Cable & E/171/2002-NB Rs. 1,50,00,000/- Conductors4. M/s. Durga Industrial Corpn. E/131/2002-NB Rs. 1,25,00,000/-2. The amount was ordered to be deposited on or before 17.7.2002. Failure to comply with the directions shall lead to vacation of the stay orders and dismissal of the appeals without any further notice. Petitioner applied before the CEGAT for the modification of the order. ...
Kakda Rerolling Mills Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-06-2003
Reported in: 2004(112)LC342(MP); 2004(163)ELT159(MP)
ORDERDipak Misra, J.1. By this writ petition the petitioner has prayed for issue of a writin the nature of certiorari for quashment of the order contained in Annexure P/10 whereby the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi, has affirmed the ex parte order passed by the adjudicating authority i.e. Commissioner, Central Excise, Bhopal, the respondent No. 3 herein.2. Mr. Upadhayay, learned Counsel for the petitioner submitted that though certain opportunities were granted by the adjudicating authority but the petitioner was not in a position to produce the all material documents to explain his stand. Learned Counsel further submitted that if another opportunity of hearing is granted to the petitioner it would be in a position to satisfy the plea taken by it.3. Mrs. Indira Nair, learned Additional Standing Counsel for the Union of India, though initially resisted such a prayer of Mr. Upadhyay, later on, did not seriously oppose the same. In view of the aforesaid the...
Y.S. Sachan Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-05-2003
Reported in: 2004(1)MPHT22; 2003(4)MPLJ219
ORDERS.P. Khare, J. 1. This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing order dated 4-5-2000 (Annexure P-23) by which a minor penalty of withholding of one increment has been imposed upon the petitioner.2. The petitioner was working as Land Acquisition and Land Valuation Officer in Jabalpur Development Authority. On 26-11-1993 a charge-sheet was served upon him. The charge was of negligence and dereliction of his duties inasmuch as the petitioner did not disclose that the land which was being given on lease to Agarwal Sabha was never acquired by the Jabalpur Development Authority and for this reason the lease-deed executed in favour of the lessee was subsequently required to be cancelled. The act or omission of the petitioner was said to be contrary to Rule 3 of the M.P. Civil Services (Conduct) Rules, 1965. A departmental enquiry on this charge was held. The enquiry officer by his report (Annexure P-18) held the petitioner guilty of this mis...
imtiyaj Ahmad and anr. Vs. Oriental Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Aug-05-2003
Reported in: II(2004)ACC423; 2004ACJ267
Bhawani Singh, C.J.1. This appeal at the instance of the owner and driver of the offending vehicle, is directed against the award of the Motor Accidents Claims Tribunal, Mudwara (Katni), in M.A.C.T. Case No. 117 of 1991, dated 18.9.1996.2. Briefly stated, on 11.6.91, Rajendra Kumar Sharma (deceased) was going with his daughters Sushma and Dipoo on the moped to his village Dhunwara. At about 5.15 p.m. when he was driving his moped on the left side at normal speed, at railway crossing, Kuchgawan, Imtiyaj Ahmad, the driver of truck No. MIJ 9037 came driving it rashly and negligently and hit the moped, as a result Sushma and Dipoo fell left side while Rajendra Kumar Sharma was stuck in the truck and dragged to a distance. Having been called by the people, truck driver stopped the vehicle, talked to the people and ran away with the truck. Rajendra Kumar Sharma suffered injuries to head, stomach, back, hand and feet, as a result of which he died on the spot while Sushma and Dipco also got ma...
Kishori Pujari Granite Pvt. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-05-2003
Reported in: 2005(184)ELT225(MP)
ORDERRajendra Menon, J.1. By this petition challenge is made to an order Annexure P/1 dated 26-11-2001 by which an appeal filed by the petitioner under the provisions of the Customs and Central Excise Act has been dismissed by the Appellate Tribunal only on the ground that the petitioner has not complied with the provisions of Section 129E of the Customs Act. It is the case of the petitioner that being aggrieved by certain order passed by the authorities concerned, petitioner had preferred an appeal before the respondent No. 2 [Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi] and the Tribunal by its order directed the petitioner to deposit a sum of Rs. 25 lacs towards duty within twelve weeks. Since petitioner did not comply with the aforesaid order of stay granted by the Tribunal, the appeal was dismissed by the Tribunal. Thereafter another application was filed and the stay was withdrawn, thereafter appeal was again listed for orders and on 30-8-2001 petitioner was a...
Mubarak Master Vs. Hansraj and ors.
Court: Madhya Pradesh
Decided on: Aug-04-2003
Reported in: 2003(4)MPHT238
ORDERS.K. Pande, J.1. This is a revision under Section 26 of the M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act' for convenience) against the order dated 10-5-2001, passed by Second ADJ, Shahdol in Election Case No. 3/2000.2. Applicant Mubarak Master, non-applicant Hansraj and others were contestants in the election for President of Nagar Palika Parishad, Dhanpuri. Applicant Mubarak Master has been declared successful by a margin of 58 votes against the non-applicant Hansraj. Non-applicant Hansraj filed petition under Section 20 of the Act before the Additional District Judge, Shahdol seeking relief of recounting of votes and to quash the election of the returned candidate applicant Mubarak Master with further prayer to declare himself as elected for the post of President. The petition was presented on 27-1-2000 and after the evidence of non-applicant was closed, the application under Section 151, CPC was filed for recounting of votes. Vide impugned order dated 10-5...
Phool Chand Rathore Vs. Nagar Palika Parishad and ors.
Court: Madhya Pradesh
Decided on: Aug-04-2003
Reported in: 2003(4)MPHT324; 2003(4)MPLJ319
ORDERS.P. Khare, J. 1. This is a petition under Article 226 of the Constitution of India for quashing order dated 29-11-1999 (Annexure P-3) by which the petitioner has been retired from service.2. It is not in dispute that the petitioner was appointed as Driver in the Municipal Council, Betul by order dated 12-12-1957. His date of birth as recorded in the service book was 14-2-1944. A complaint was received against him in the year 1997 that his actual date of birth is 16-2-1940. A photo-copy of his transfer certificate obtained from Gandhi Primary School, Tikari was also enclosed with the complaint which certified the date of birth of the petitioner as 16-2-1940. A copy of this certificate is Annexure R/1-C. By letter dated 8-10-1997, the Chief Municipal Officer asked the petitioner to produce his school certificate. The petitioner did not do so. He was again directed by the letter dated 23-8-1999 to produce the certificate but the petitioner did not comply with it. The Chief Municipal...
Pema Vs. Galiya and ors.
Court: Madhya Pradesh
Decided on: Aug-04-2003
Reported in: AIR2004MP38; 2003(4)MPHT490; 2003(4)MPLJ290
ORDERA.K. Shrivastava, J. 1. By this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the pregnability of the order passed by revenue authorities viz., Collector, Commissioner and Board of Revenue whereby the alleged transaction took place between the petitioner and one Galiya whose legal representatives are respondent Nos. 1 (a) to (e), was held to be illegal.2. Sans unnecessary details the facts lie in a narrow compass that on 15-2-71 vide registered sale deed, Galiya sold his agriculture land in question (hereinafter referred to as the 'disputed land') to the petitioner Pema. It has not been disputed that the seller as well as the buyer are Adiwasis meaning thereby they are the member of Aboriginal Tribe as envisaged under Section 170-B of the M.P. Land Revenue Code, 1959 (hereinafter referred to as the 'Code').3. In the year 1970-80 a Committee was formed in which the Revenue Inspector of the Circle was one of the member and that Committe...
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