Madhya Pradesh Court August 2007 Judgments
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M.P. State Electricity Board and anr. Vs. Ram Singh Mesram
Court: Madhya Pradesh
Decided on: Aug-07-2007
Reported in: (2008)2LLJ808MP; 2008(1)MPLJ106
ORDERR.K. Gupta, J.1. Counsel for the respondent No. 1 Shri Sanjay Verma has not filed the return, therefore, the case is heard without return.2. The petitioner by way of filing this petition before this Court has challenged the order passed by the Labour Court on January 16, 2003 (Annexure-P-1). By this order the Labour Court has directed for the reinstatement of the respondent No. 1 without any back wages. Against the said order the petitioner preferred an appeal under Section 65 of the M.P. Industrial Relations Act, 1960. The State Industrial Court by an order dated January 25, 2005 (Annexure-P-2) dismissed the said appeal. Consequently the order passed by the State Labour Court has been upheld.3. The facts leading to the present case are that the respondent/employee was issued a charge-sheet (Annexure-P-2) wherein four charges against the respondents were framed. The incident is dated December 21, 1994.4. The charges against the respondent were that in a live line of 11 KV the resp...
Santosh Singh Vs. United India Insurance Co. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Aug-07-2007
Reported in: 2008ACJ2027
S. Samvatsar, J.1. This judgment shall govern the disposal of all the aforesaid appeals as they arise out of common accident. Misc. Appeal No. 161 of 2005 shall be the leading case.2. Claimants in all the appeals have preferred these appeals being aggrieved by the awards dated 5.11.2004 passed by the Additional Member Judge, Motor Accidents Claims Tribunal, Gohad, District Bhind in claim cases filed by the present claimants. Claims Tribunal while awarding compensation has exonerated the respondent insurance company from payment of its liability.3. Brief facts of the case are that the deceased and injured were travelling in a Maruti car bearing registration No. UP 84-A 8996. They were sitting in the said car as passengers. Said car was driven by one Ramu who also died in the same accident. The car was driven rashly and negligently by the driver which dashed against a tree and caught fire. The claimants have filed claim petitions before the Claims Tribunal. The Claims Tribunal held that ...
Nagar Palika Vs. Roshan Ali
Court: Madhya Pradesh
Decided on: Aug-07-2007
Reported in: [2007(115)FLR1164]
N.K. Mody, J.1. Being aggrieved by the award dated 27.10.1999 passed by Commissioner, Workmen's Compensation (Labour Court, Mandsaur) in Claim Case No. 2/WC/90 whereby the claim petition filed by the respondent was allowed and a sum of Rs. 14728.80 was awarded as compensation along with interest at the rate of 12% per annum, present appeal has been filed which was admitted for filial hearing by this Court on 26.7.2006 on the following questions of law:(i) Whether the respondent is covered by the definition of workman as provided under Section 2(i)(n) of the Workmen's Compensation Act, 1923?(ii) Whether the Commissioner for Workmen Compensation was within his jurisdiction to award compensation for injury not covered under Schedule II and levy penalty?2. Short facts of the case are that respondent filed a claim petition before the learned Court below alleging that the respondent was in the employment of the appellant and was getting salary of Rs. 1170/- per month. On 5.9.1989, at about 4...
Ku. Neelam Singh and Ku. Vibha Pal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-06-2007
Reported in: 2007(4)MPLJ303
Abhay Gohil, J.1. This judgment shall also govern the disposal of writ appeal No. 654 of 2006 (Ku. Vibha Pal v. State of MP and Ors.). 2. Both the appellants have filed these writ appeals separately under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 10.10.2006 passed in Writ Petition No.4360/06 and Writ Petition No.4265/06, thereby dismissed the writ petitions filed by the appellants. As the common question of law and facts are involved in both the appeals, therefore, they are being decided by this common judgment. 3. In Writ Appeal No.470/06 Ku. Neelam Singh is the appellant and in Writ Appeal No.654/2006 Ku. Vibha Pal is the appellant. Both appeared in the P.M.T. Examination of 2006. It is the case of Ku. Neelam Singh that she passed XIIth class examination from Army School Kota, securing 67.6% marks and her father is ex-military service man. He was posted as Sargent in the Indian Air Force and retired from servi...
Hemraj Vs. Director, Sericulture and anr.
Court: Madhya Pradesh
Decided on: Aug-06-2007
Reported in: [2007(114)FLR1165]; (2008)ILLJ48MP
Dipak Misra and S.R. Waghmare, JJ.1. Though this matter was listed for orders on consent of learned Counsel for the parties it is taken up for final hearing.We have heard Mr. Anoop Shrivastava, learned Counsel for the appellant and Mr. Alok Pathak, learned Government advocate for the respondents No. 1 and 2.2. Learned Counsel for the appellant submitted that the learned single Judge has erroneously fixed the onus. It is also urged by him that in a recent decision rendered in Sriram Industrial Enterprises Ltd. v. Mahak Singh and Ors. : (2007)2LLJ393SC their Lordships have held otherwise than what had been held in the case of Range Forest Officer v. S.T. Hadimani : (2002)ILLJ1053SC .Mr. Alok Pathak, learned Government advocate supported the order passed by the learned single Judge.2. In the case of Sriram Industrial Enterprises Ltd. (supra) the Apex Court referred to the case of Range Forest Officer (supra) and eventually in paragraph 34 held as under:34. Having correctly interpreted the...
State of Madhya Pradesh Vs. Hukumchand Mills Ltd.
Court: Madhya Pradesh
Decided on: Aug-06-2007
Reported in: (2008)1CompLJ297(MP)
ORDERA.M. Sapre, J.1. OLR NO. 33 of 2007 and IA No. 6925 of 2007 along with its reply together with reply to findings of committee's report, dated 31.5.2007 perused.2. The question that arises for consideration in this OLR and connected application is: whether workers' claim which were adjudicated by official liquidator under the Companies (Court) Rules and further reexamined by the committee appointed by the court should be accepted for giving sanction for making payment to the workers, or not?3. Hukumchand Mills Ltd. (for short hereinafter called 'company') was to begin with was the venture of Seth Hukumchand--a prominent citizen of Indore. The company though did will for initial years but later suffered huge losses. A reference was accordingly made to BIFR for declaring the company as sick industrial company under the provisions of SICA. It was declared as sick industrial company by BIFR in reference case No. 194 of 1987 by order dated 11.9.1991. As a consequence thereof, the BIFR m...
Canam Technologies Ltd. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Aug-06-2007
Reported in: 2007(4)MPHT40
ORDERDipak Misra, J.1. Regard being had to the similitude of questions of law involved in the writ petition as well as in the writ appeal they were heard analogously and are disposed of by this singular order. For the sake of clarity and convenience the facts in the writ petition are adverted to herein.2. The petitioner is a company incorporated under the Companies Act, 1956 having its registered office at Chandigarh. The said company has set up study centres on behalf of Madhya Pradesh Bhoj (Open) University, respondent No. 2 herein, at Ludhiana and Chandigarh. The said study centres commenced their functioning in the year 2003. The said University had come into existence by the Madhya Pradesh Bhoj (Open) University Adhiniyam, 1991 (for brevity 'the 1991 Act'). It had set up its various study centres all over India under the Distance Education Programme undertaken by it. The said University authorised only such study centres which met the prescribed norms/parameters for setting up of ...
Asset. Reconstruction Company Vs. Paharpur Cooling Towers Ltd. and anr ...
Court: Madhya Pradesh
Decided on: Aug-06-2007
Reported in: AIR2008MP79
S.K. Kulshrestha, J.1. This Company Appeal is directed against the order dated 7-5-2007 passed by the learned Company Judge in Company Petition No. 7/2005 whereby, in modification of the earlier directions issued by the Company Court vide order dated 16-4-2007, on intervention by the appellant, the following directions have been issued:1) The applicant/intervener will give more publicity by advertising the publication for sale of the property belonging to the Company in question namely Maikal Fibres Ltd. in English daily National Newspapers having circulation all over the country. These Papers shall include Times of India, Hindu, Hindustan Times, Indian Express, Financial Express. It shall also be displayed on the Website of A. R. C. (India) with prominence and with all details so to enable more and more persons to participate in bidding process;2) In addition to above, the advertisement of sale of property of the Company, as aforesaid, shall also be published in one daily regional lan...
Asset Reconstruction Company Vs. Paharpur Cooling Towers Ltd. and anr.
Court: Madhya Pradesh
Decided on: Aug-06-2007
Reported in: (2008)1CompLJ306(MP); 2007(4)MPLJ560
ORDERS.K. Kulshrestha, J.1. This company appeal is directed against the order dated 7.5.2007 passed by the learned Company Judge in Company Petition No. 7/2005 whereby, in modification of the earlier directions issued by the Company Court vide order dated 16.4.2007, on intervention by the appellant, the following directions have been issued:(1) The applicant/intervener will give more publicity by advertising the publication for sale of the property belonging to the company in question, namely, Maikal Fibres Ltd. in English daily national newspapers having circulation all over the country. These papers shall include Times of India, Hindu, Hindustan Times, Indian Express, Financial Express. It shall also be displayed on the Website of ARC (India) with prominence and with all details so to enable more and more persons to participate in bidding process;(2) In addition to above, the advertisement of sale of property of the company, as aforesaid, shall also be published in one daily regional...
Rajshree Sharma and ors. Vs. Dayaram Kushwaha and ors.
Court: Madhya Pradesh
Decided on: Aug-06-2007
Reported in: 2008ACJ1479
S. Samvatsar, J.1. This appeal is filed by the claimants challenging the award dated 31.10.2000 passed by Second Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 11 of 1998 whereby the Claims Tribunal has awarded a sum of Rs. 2,00,000 as compensation for the death of Rajesh Sharma, husband of appellant No. 1, father of appellant No. 2 and son of appellant No. 3.2. Brief facts of the case are that the deceased Rajesh Sharma was employed as driver in Gwalior Municipal Corporation. On 12.3.1998 at about 10.30 in the night, when he was standing with his scooter in front of his house and was talking to Kishan Kushwaha, truck No. MPW 5467 which was driven rashly and negligently by Dayaram Kushwaha, respondent No. 1, dashed against him. Said truck was owned by Prakash Singh, respondent No. 2 and was insured with respondent No. 3 insurance company. Due to injuries sustained by Rajesh Sharma, he died and the present claimants who are his class I heirs have fil...
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