Madhya Pradesh Court March 2004 Judgments
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Mukesh Singh S/O. Hindu Singh Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Mar-09-2004
Reported in: (2004)IIILLJ465MP; 2004(4)MPHT364; 2004(2)MPLJ526
ORDERDeepak Verma, J.1. This intra Court appeal has been preferred by unsuccessful petitioner of W.P. No. 1657/2002 passed by learned single Judge on January 30, 2003. Appellant herein had approached the writ Court with a prayer for quashment of the order passed by respondent No. 1 on July 25, 2002, whereby it declined to make reference to the Tribunal under Section 10 of Industrial Disputes Act, 1947 (for short the Act).2. The facts material for deciding the said appeal are mentioned in short as under:3. Appellant was appointed with Food Corporation of India on the post of Messenger by order dated February 4, 1984. His services were confirmed by order dated August 17, 1985 with retrospective effect from February 13, 1985. The appellant herein was suffering from ulcerative colitis and neurosis since December 6, 1988 and was taking expensive medical treatment at M.Y. Hospital, Indore. On account of aforesaid ailment it appeared that he also used to get bouts of depression and was not en...
indore Wire Co. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-08-2004
Reported in: [2004]53SCL204(MP)
ORDERA.M. Sapre, J.1. By filing this writ under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the order, dated 28-5-2003 (Annexure P-4), passed by BIFR in case No. 207 of 2001. According to petitioner they have filed an appeal against the impugned order before A.A.I.F.R. but since the appellate authority has not yet been reconstituted and hence, this writ.2. It is not necessary for this Court to burden this judgment by taking note of entire factual aspect of the case. It is for the reason that this court is not exercising the powers of the original authority under the Act (SICA) nor is acting as an appellate authority. In other words, this Court has to examine the issue keeping in view the jurisdictional constraints put on the writ court while hearing the writ petitions in such cases.3. Petitioner is a limited company engaged in the business of manufacture and sale of certain special type of steel items. It is not in dispute that the petitioner has suf...
Omprakash Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-08-2004
Reported in: I(2004)DMC794
S.L. Kochar, J.1. This appeal has been filed by the appellant aggrieved against the order dated 1.10.1996 passed by I Addl. Sessions Judge, Mhow, District Indore, in Sessions Trial No. 391/1994, whereby convicted him under Section 306, I.P.C., sentenced to undergo R.I. for five years with fine of Rs. 1,000/-, in default of payment of fine additional S.I. for one month, also convicted under Section 498A of the I.P.C., sentenced to R.I. for two years and fine of Rs. 1,000/-, in default of payment of fine, additional S.L for one month. Both the sentences have been directed to run concurrently.2. The prosecution case as unfolded before the Trial Court was that deceased Anita was married with the appellant on 8.5.1990. She was found dead because of burn injuries along with her two minor sons Akash and Vikas aged one and a half years and seven months respectively inside the house of the appellant. FIR (Ex. P.31) was lodged by her father Sukhnandan (P.W. 7). According to this report, after th...
Hemlata and ors. Vs. Lallan and ors.
Court: Madhya Pradesh
Decided on: Mar-08-2004
Reported in: II(2004)ACC589
ORDER1. Heard on admission.This appeal is by claimants for enhancement of compensation. Deceased Rajveer Singh died in an accident on 7.7.1998. According to appellants age of deceased was 28 years at the time of his death. Appellants claim that deceased was having 50 bighas of agricultural land jointly with his father. He was also having a dairy of 15 she-buffaloes and from the milk of she-buffaloes he was manufacturing ghee. He was having a tractor of his own and was earning income from plying tractor on hire in the agricultural fields of other farmers.2. Claims Tribunal on appreciation of evidence found that there is no evidence that deceased was having 50 bighas of irrigated land. On perusal of Exs. P-13 and P-14 Tribunal found that the deceased was having joint land of 0.293 hectare and 0.805 hectare and Tribunal has recorded a finding that deceased was not having 50 bighas of the land and this fact is not proved by the documents Exs. P-13 to P-17 filed by the claimants. Tribunal h...
Brahamdutta Gupta Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-05-2004
Reported in: 2004(2)MPHT510; 2004(2)MPLJ306
ORDERRajendra Menon, J.1. Petitioner who was working in the post of Accounts Officer, Municipal Corporation, Gwalior and had retired from service on attaining the age of superannuation on 30-6-2003, feels aggrieved by action of the respondents in passing order Annexure P-1 dated 7-8-2003 withdrawing an earlier order dated 28-6-2003, granting contract appointment to the petitioner for a period of one year after his retirement.2. Case of the petitioner is that he had a long experience of working in the Accounts Section of Municipal Corporation, Gwalior and considering his experience and requirement in the Municipal Corporation after his retirement on 30-6-2003, a resolution was passed by the Mayor in Council vide Annexure P-3 on 24-5-2003 resolving to grant contract appointment to the petitioner for a period of two years after his retirement. The aforesaid resolution was forwarded to the State Government and sanction and permission was granted by the State Government vide order Annexure ...
Hamid Khan Ansari Vs. Lilabai and ors.
Court: Madhya Pradesh
Decided on: Mar-05-2004
Reported in: 2004(3)MPHT58; 2004(2)MPLJ310
ORDERS.K. Seth, J. 1. This First Appeal arises out of the order passed by the Additional District Judge, Agar, in Execution Case No. 39/98 pending between respondent Nos. 1 to 3 and respondent Nos. 4 to 11 herein who are decree holders and judgment debtors respectively.2. Few facts those are relevant for disposal of this appeal are as under :-- Predecessor in title of respondent Nos. 1 to 3 Mukundram filed a suit for specific performance of contract in respect of an open piece of land admeasuring 19 x 49 ft. situated on Survey No. 191, in Village Soyatkalan, Tehsil Agar, District Shujalpur. The suit was instituted on 1-8-1990. Trial Court decreed the suit on 23-7-97, Against the judgment and decree predecessor in title of respondent Nos. 4 to 11 Balchand filed a First Appeal No. 330/97 in this Court and obtained a stay order. This Court on 1-8-2001 ultimately dismissed First Appeal. Upon dismissal of the appeal the execution proceedings started. Despite deposit of balance consideration...
Biocon India Ltd. Vs. Associated Alcohols and Breweries Ltd.
Court: Madhya Pradesh
Decided on: Mar-05-2004
Reported in: III(2004)BC524
ORDERA.M. Sapre, J.1. This is a petition filed under Section 433 read with Section 434 of the Companies Act for winding up of the respondent Company. On notice being issued to the respondents, the respondents have filed an affidavit along with a certificate of incorporation stating therein that the registered office of the respondent Company is situated at Calcutta i.e. in the State of West Bengal. It is on this basis the respondents have contended that the petition is not maintainable at Indore for want of territorial jurisdiction as required under Section 10 of the Companies Act.2. I am inclined to accept the objection raised by the respondents because admittedly Section 10 of the Companies Act determines the territorial jurisdiction of the Company matters to be filed under the Companies Act for winding up of a petition. Section 10 in clear terms provides that a petition for winding up can be filed against a Company only at a place where the registered office of the Company is situat...
Manjoor Ahmed Vs. MoinuddIn and ors.
Court: Madhya Pradesh
Decided on: Mar-05-2004
Reported in: III(2004)ACC832; 2004(4)MPLJ5
Deepak Verma, J.1. A motor Accident had taken place on 7th June, 1999 at about 1.30 noon while the present appellant then aged about 26 years, driver by profession, earning about Rs. 150/- per day was injured in the same. He was travelling in a bus belonging to respondent No. 2, driven by respondent No. 1 and insured with respondent No. 3. The factum of Accident and appellant sustaining injuries thereof, have not been disputed.2. On claim petition being filed by appellant for awarding compensation, Motor Accident Claims Tribunal, Jaora in Claim Case No. 126 of 1999, decided on 6th August, 2001, awarded a total sum of Rs. 42,250/- against all the respondents jointly and severally.3. Feeling aggrieved by inadequacy of the amount of award, this appeal has been preferred for enhancement.4. As per averments made by appellants, which stands proved by his evidence, he was aged about 26 years at the time of Accident; was working as driver and was earning about Rs. 150/- per day. After the Acci...
Shivnarayan Vs. Narendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-04-2004
Reported in: 2004(2)MPHT527; 2004(2)MPLJ344
S.K. Seth, J.1. This Second Appeal by the tenant is directed against judgment and decree dated 19-11-2003 passed by the IInd Additional District Judge, Ujjain in Civil Suit No. 20/2003. By the impugned judgment and decree appeal preferred by the present appellant was dismissed.2. Respondent plaintiff filed a suit for eviction of appellant on the allegation that appellant is the tenant of the plaintiff and is residing in House No. 234 (old No. 134) Nayapura, Badnagar. The tenancy is monthly and appellant is paying Rs. 30/- per month as rent for the tenanted premises. The case of plaintiff was that appellant had constructed his own residential accommodation and is residing with his family members but to avoid delivery of vacant possession of the tenanted premises he has inducted his own brother as sub-tenant in the suit accommodation. Plaintiff, therefore, filed the suit for eviction on the ground under Section 12 (1) (i) of the M.P. Accommodation Control Act, 1961 (for short Act). Appel...
Shiv Prasad and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-03-2004
Reported in: 2004(2)MPHT440; 2005(1)MPLJ13
S.P. Khare, J.1. Twenty accused persons were convicted under Section 302/149 I.P.C. and sentenced to imprisonment for life. Out of these appellants No. 6 and 15 Veereshwar and Yogeshwar were also convicted under Section 148, I.P.C. and sentenced to rigorous imprisonment for one year and appellant Purshottam was convicted under Section 147, I.P.C. and sentenced to rigorous imprisonment for six months. All of them filed this appeal. It was decided by a Division Bench of this Court by the judgment dated 18-1-2000 and it was dismissed. On further appeal by appellant Veereshwar and others to the Supreme Court the appeal has been remanded for rehearing and fresh decision. During the course of hearing the learned counsel for appellants Veereshwar, Yogeshwar and Purshottam has confined his arguments in respect of these three persons only and therefore their appeal is being decided afresh. It is submitted that the other appellants have either died or served out the sentence and their case need ...
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