Madhya Pradesh Court March 2004 Judgments
Union of India (Uoi) Vs. Jai Forging and Stampings Private Ltd.
Court: Madhya Pradesh
Decided on: Mar-18-2004
Reported in: 2004(3)ARBLR132(MP); 2004(3)MPHT340; 2004(3)MPLJ263
Arun Mishra, J. 1.This appeal has been preferred by Union of India aggrieved by order dated 23-11-1992 passed by 1st Addl. District Judge, Jabalpur.2. The facts in short giving rise to the appeal indicate that respondent/contractor supplied certain products to the factory owned by Union of India as per the terms of contract and other conditions mentioned in Annexure-B to the agreement. Respondent/contractor M/s. Jai Forgings & Stampings Private Ltd. raised a dispute with regard to payment of transportation charges with respect to supply made. The matter was referred to the Arbitrator named in the agreement. Arbitrator passed an interim award on 22-12-1986 relating to the payment of transportation charges and left the matter of payment of interest with respect to delay in making the payment of transportation charges undetermined. Final award was passed by Arbitrator on 4-8-87. An application was tiled to make the award rule of the Court. Vide order dated 19-7-88 learned District Judge r...
Tag this Judgment!Aasit @ Gudda Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-18-2004
Reported in: 2005(1)MPHT166
ORDERA.K. Awasthy, J.1. Applicant has filed the petition under Section 482 of the Cr.PC for the quashment of the First Information Report against him in Crime No. 55/2004 for offence punishable under Section 4A of the Gambling Act and also in Crime No. 56/2004 registered for the offence under Section 14 of M.P. Rajya Suraksha Adhiniyam, 1990 by Police Station, Shajapur.2. The admitted facts of the case are that the Collector, Shajapur in Case No. 64/Misc. CRI/2001 issued a show-cause notice to the applicant under Section 6-C of M.P. Rajya Suraksha Adhiniyam, 1990 in which it was alleged that as the applicant is involved in various criminal cases, the order of externment of applicant from District Shajapur be passed and thereafter the Collector, Shajapur vide order dated 6-11-2003 passed the order against the applicant that he should not enter into District Shajapur, Dewas and Ujjain for the period of one year. It is also not in dispute that the criminal case in Crime No. 55/2004 is reg...
Tag this Judgment!Dhannalal and ors. Vs. Director, Department of Agriculture and anr.
Court: Madhya Pradesh
Decided on: Mar-18-2004
Reported in: [2005(105)FLR250]
S.K. Pande, J.1. This revision under Section 115 of Civil Procedure Code is directed against the order dated 12.5.2000, passed by 7th ADJ, Bhopal in MA No 11/00 reversing the order dated 25.9.1999 passed by 6th Civil judge Class-1, Bhopal in MJC No. 304/98 granting Succession Certificate in favour of the petitioners.Petitioner Dhannalal, Dayaram and Laxmibai respectively are brothers and sister of late Phoolchand. Phoolchand was employed as Field Man in the office of Assistant Agricultural Engineering Works--Shop (Putligarh), Bhopal. Phoolchand was unmarried and died on 11-5-1996. The gratuity amount of Rs. 32,728, amount of leave encashment (surrendered) Rs. 1748/-, amount of CPF and G.I.C. Rs. 1,00,000/-, amount of G.P.F. Rs. 33,053 since is required to be realised from the respondents, petitioners filed application under Section 372 of Indian Succession Act (for short 'the Act') before 6th Civil Judge Class-1, Bhopal. It was registered as MJC No. 304/98. On being noticed, the respon...
Tag this Judgment!Sunderlal Chourasiya Vs. Tejila Chourasiya and ors.
Court: Madhya Pradesh
Decided on: Mar-17-2004
Reported in: AIR2004MP138; 2004(2)MPLJ193
ORDERA.K. Shrivastava, J.1.This appeal has been filed by plaintiff against the judgment and decree dated 22-4-1996 passed in Civil Suit No. 5-A/95 by First Additional District Judge, Seoni.2. The suit of plaintiff is for declaration that he is having 1/2 share in the suit house and defendants No. 2 to 8 have no right, title or interest therein; the plaintiff further prayed that he is entitled for partition, separate possession and compensation for use of the suit property by defendants 2 to 8. The family tree of plaintiff and defendants is as under : Kariya Barai ____________________________________________________________________________________________ | | | Hukam Chand Kapoor Chand Mool Chand (Died 1956-57 (Died 11-4-88 issueless (Died 1934) | Smt. Budhha bai (wife) | | | | | (Died 21-12-81 Ex. P/8) | | | | | ______________________________________ | | | ______________ Sunder lal Teji lal | Chhiddilal(Died 9-11-1987) (Plantiff) (Deft. 1) | ___________________________________________...
Tag this Judgment!M.P. Rajya Nagrik Apoorti Nigam Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-17-2004
Reported in: 2004(3)MPHT263; 2004(3)MPLJ457
Arun Mishra, J.1. The appellant in this miscellaneous appeal has assailed the order dated 27-3-1996 passed by the Railway Claims Tribunal, Bhopal Bench in Case No. O.A. 292/95.2. Briefly stated facts indicates that M.P. Rajya Nagrik Apoorti Nigam Ltd. (hereinafter refer to as 'Nigam') has filed an original application claiming an amount of Rs. 18,26,000/- due to non-delivery of 4 wagons containing sugar. Consignment was dispatched on 8/9-5-93 vide 3 RRs. Sugar was loaded in 51 wagons booked from Niphad to Shajapur. However, at the destination out of these 21 wagons, 4 wagons were not delivered, hence, claim application was filed before the Railway Claims Tribunal. Non-delivery certificate was issued by Railways on 21-8-93. A Notice under Section 106 of the Indian Railways Act to the Railway Administration by Registered Post acknowledgment due 18-9-93 was sent vide Receipt No, 1243. The Railways has certified the non-delivery of these 4 wagons containing 220 bags of sugar. Each bag weig...
Tag this Judgment!Prem NaraIn Dubey Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-17-2004
Reported in: 2004(4)MPHT163; 2004(4)MPLJ45
ORDERDipak Misra, J. 1. The seminal issue that arises for consideration in this petition is whether a Government employee while in service being governed by M.P. Civil Services (Conduct) Rules, 1965 (hereinafter referred to as 'the Rules') can be allowed to contest an election and be permitted to advance a plea that a man who is a political animal is entitled to do so, the right being basically natural and fundamental in a way, and hence, not liable to be proceeded against in a disciplinary proceeding.2. The facts which are essential to be stated for adjudication are that the petitioner who was working as Headmaster in Government Middle School, Ramasthan, Block Development, Sohawal, District Satna, filed his nomination papers for Satna Legislative Constituent Assembly No. 33 on 25-10-1993 and after acceptance of his nomination papers he commenced election campaign which was scheduled to be held on 24-11-1993. During the period of campaign he received an order of suspension from the com...
Tag this Judgment!Sneh Pharmaceuticals Pvt. Ltd. and ors. Vs. Bank of Baroda
Court: Madhya Pradesh
Decided on: Mar-17-2004
Reported in: IV(2004)BC209
ORDERA.M. Sapre, J.1. Having heard learned Counsel for the petitioner and having perused record of the case, I am unable to find any merit in this writ filed by the judgment debtors/defendants/ non-applicants.2. The petitioners are non-applicants/defendants/judgment debtors. They have suffered a money decree for Rs. 1,37,73,964/- from Debt Recovery Tribunal at the instance of respondent-Bank on 29.11.2002 in T.A. No. 914 of 1998(Annexure A). It is the case of petitioners that they have filed appeal to appellate authority under the Debt Recovery Act against the impugned decree and has also applied for stay of its execution but since the appellate authority has not been functioning, hence, this petition for seeking stay of execution of the impugned decree.3. Heard Mr. A. Bagadia, learned Counsel for the petitioner.4. Having heard learned Counsel for the petitioner and having perused record of the case, I find no merit in the writ. 5. In the first place., there is no case made out for gra...
Tag this Judgment!Bikai and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-16-2004
Reported in: 2004(2)MPHT281; 2004(2)MPLJ19
S.P. Khare, J.1. The appellants have been convicted under Section 302/34, IPC and sentenced to imprisonment for life and to a fine of Rs. 500/- each.2. It is not in dispute that deceased Babybai was married to accused Bikai. Their marriage had taken place five years before the incident. The Gauna took place about two years ago. Babybai sustained burn injuries in the intervening night of 12th and 13th July, 1997 in Village Khad in the house of her husband. She died on 13-7-1997. Accused Bulakibai is her mother-in-law and accused Chutkun is her father-in-law. Deceased Babybai had no issue.3. The prosecution case is that there used to be quarrel between Babybai and the accused persons as she had not been able to beget any child. According to the prosecution the accused persons poured kerosene on the body of Babybai when she was sleeping on a cot in her room and set her on fire. The information was sent to Sunderlal (P.W. 1) and Sudhribai (P.W. 2) who are parents of the deceased. They came...
Tag this Judgment!Farooq Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-16-2004
Reported in: 2004(2)MPHT491; 2005(3)MPLJ15
1. Appellant Farooq has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life. Four other persons were also prosecuted and tried with the appellant but they have been acquitted.2. The prosecution case is that on 18-6-1988 at 9.30 A.M. accused Farooq fired at deceased Chandan Singh in the house of Guljari Seth in Chhatarpur resulting in his death. According to the prosecution this incident was witnessed by Munna Singh (P.W. 6), who is brother of the deceased. He was there with the deceased for settlement of accounts with Guljari Seth. It is also the prosecution case that Nathuram (P.W. 4) and Deshraj (P.W 7) were labourers in the employment of deceased Chandan Singh and they were waiting out-side the house to get the payment of their wages and they also saw a part of the incident and Munna Singh (P.W 6) told them immediately that his brother Chandan Singh has been shot dead by accused Farooq. A telephonic message was received at Chhatarpur Police Sta...
Tag this Judgment!NaimuddIn Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Mar-16-2004
Reported in: 2004CriLJ2793; 2004(2)MPHT519; 2004(2)MPLJ548
Uma Nath Singh, J.1. This writ petition filed by detenu Naimuddin S/o Ziauddin seeks quashment of an order of detention (Ex. P-4) dated 20-3-2003 passed by the District Magistrate, Indore under Section 3(2) of the National Security Act, 1980 (for short 'the Act').2. It is said that at about 7.20 PM on 18-8-2003 some boys were quarreling near the house of one Taj Mohd. in Marathi Mohalla, Indore, which was witnessed by others who did not intervene. It is also said that Ziyauddin and Riazuddin were standing on backside of their house on the ground. It is also said that both of them shouted and asked detenu Naimuddin to fire on the persons who were witnessing the quarrel. Accordingly, the petitioner is said to have brought his licensed gun from his house and fired at the crowd. The gun shot caused injuries to Prakash Kadam and two others. Resultantly, there was a disturbance of the public order. Subsequently, Prakash Kadam succumbed to the gun shot injuries. On 18-3-2003 at 7.30 PM Police...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- Next ›
- Last »