Madhya Pradesh Court January 2008 Judgments
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Factory Manager, Gwalior Rayon and Silk Manufacturing (Weaving) Co. Lt ...
Court: Madhya Pradesh
Decided on: Jan-09-2008
Reported in: [2008(118)FLR13]; (2008)2LLJ847MP
ORDERS.P. Khare, J.1. These are two appeals under Section 65 of the M.P. Industrial Relations Act, 1960 (hereinafter to be referred to as 'the Act'. One appeal is by the employer against that part of the order of the Labour Court by which applicant Nawab Khan has been reinstated in service. The other appeal is by the employee against that part of the order of the Labour Court by which back wages have been disallowed.2. It is not in dispute that applicant Nawab Khan was working as Driver in non-applicant Gwalior Rayon and Silk Manufacturing Weaving Company Limited, Staple Fibre Division, Birlagram, Nagda, which is now known as Grasim Industries Limited, Staple Fibre Division, Birlagram, Nagda. He was working for four years as a permanent employee. He was served with the charge-sheet dated June 12, 1984 (Exhibit P-13). The charge, against the applicant was that on June 10, 1984: at about 2.30 A.M. he dashed Car No. D.E.A.-6391 against a wall near C.S. 2 resulting in the damage to the veh...
Champa Pandey and ors. Vs. Hardayal Singh and anr.
Court: Madhya Pradesh
Decided on: Jan-09-2008
Reported in: 2008(4)MPHT106
ORDERArun Mishra, J.1. The appeal has been preferred by the claimants for enhancement of compensation being aggrieved of award dated 1-4-05 passed by Motor Accident Claims Tribunal, Sidhi in claim case No. 103/04.2. The claimant widow, daughter and the parents of the deceased preferred the claim petition on account of death of Deen Dayal Pandey driver of the truck (MP 09-KC/3194). They submitted that on 8-2-04 when the deceased Deen Dayal Pandey was driving the truck near village Jhukehi, Thana, Amdara District Sidhi there were several ditches on the road consequently, steering of the truck pierced the chest and abdomen of the deceased due to that he became unconscious he was taken to Medical College, Jabalpur where he died on 10-2-04. The truck was owned by respondent No. 1 Hardayal Singh and insured with respondent No. 3 National Insurance Co. Ltd. Report of the accident was lodged. The deceased used to earn sum of Rs. 3,000/- per month and allowance of Rs. 100/- per day. Compensatio...
Ajay Kumar Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-09-2008
Reported in: [2008(118)FLR742]
Abhay M. Naik, J. 1. Petitioner was Asstt. Director, Fisheries at the relevant time at Ratlam. He was asked to attend training on Government expenses at Central Fisheries Education Institution, Mumbai for the training session 1997-99. Pursuant thereto, petitioner was relieved on 16.7.1997 from the office of the Asstt. Director Fisheries Ratlam for joining at Mumbai for the purposes of training. He reported at the training institution Mumbai on 17.7.1997. At the training 'institution, petitioner was required to deposit Rs. 3065/- in addition to Rs. 1450./- as hostel fees. These expenses were liable to be deposited by the Government which were not duly deposited. Since the petitioner was not possessed of sufficient money, he could not deposit the amount. Consequently, he was not allowed to attend the training. He came back to Ratlam and reported the matter to respondent No. 2 immediately on 18.7.1997. Petitioner was, thereafter, suspended and was served with a show-cause notice marked as...
Commissioner of Income Tax Vs. Krishi Upaj Mandi Samiti
Court: Madhya Pradesh
Decided on: Jan-08-2008
Reported in: (2008)215CTR(MP)54; [2009]308ITR380(MP); 2008(3)MPHT432
ORDERS. Samvatsar, J.1. This common judgment shall govern the disposal of the following connected appeals. Misc.Appeal (IT) 12 of 2007 shall be the leading case. Misc.Appeal (IT) 11/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Kailaras. Misc.Appeal (IT) 13/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Ambah. Misc.Appeal (IT) 14/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Porsa. Misc.Appeal (IT) 15/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Sabalgarh. Misc.Appeal (IT) 16/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Joura. Misc.Appeal (IT) 17/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Mehgaon Misc.Appeal (IT) 18/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Lahar. Misc.Appeal (IT) 19/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Bhind. Misc.Appeal (IT) 20/2007 Commissioner of Income Tax v. Krishi Upaj Mandi Samiti, Alampur. Misc.Appeal (IT) 21/2007 Commissione...
Annu @ Anil Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-08-2008
Reported in: 2008(1)MPHT286
ORDERA.K. Saxena, J.1. Heard. Perused the case diary.2. This application under Section 167(2) read with Section 439 of Cr.PC, has been filed in connection with Crime No. 549/07 registered at Police Station Adhartal, Jabalpur, under Sections 8/20 of N.D.P.S. Act.3. As per allegations, the applicant was found in possession of 15 kg 300 gms of Ganja which was seized from his possession.4. Learned Counsel for the applicant has submitted that the commercial quantity at Ganja is 20 kg or more and this shows that it is a case of medium quantity of Ganja and this offence is punishable under Section 20(b)(ii)(B) of NDPS Act, and according to it, the Rigorous Imprisonment may extend to ten years and fine, which may extend to Rupees One lac. It has been further contended that since the applicant can be convicted for less than ten years, therefore, under Section 167(2)(a)(ii) of Cr. PC, the charge-sheet should be filed within 60 days and not within 180 days. The Trial Court has wrongly mentioned i...
Smt. Hadiya Begum Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-08-2008
Reported in: 2008CriLJ2082
ORDERDipak Misra, J.1. The petitioner is the owner of the truck bearing registration No. MPW-1875. The said truck was seized by the competent authority, the third respondent herein, on 2-10-1999 on the ground that it was involved in illegal transportation of 80 stones. A forest case No. 709/18 was registered against him under Section 33, 41 and 52 of the Indian Forest Act, 1927 (for brevity 'the Act'). The prescribed authority by order dated 16-10-2001 vide Annexure-P/1 passed an order in exercise of the power conferred on him under Section 52 of the Act directing confiscation of the said truck. The petitioner, being dissatisfied with the aforesaid order of confiscation, preferred an appeal under Section 52-A of the Act before the appellate authority. It was contended before the appellate authority that the alleged stones did not belong to the Forest Department and the loading was done from the mines of one Durjan Kondar situated in the village Ranipur having a valid transit pass No. 3...
Nandkishore Vs. Jagdish Chand and ors.
Court: Madhya Pradesh
Decided on: Jan-08-2008
Reported in: 2009ACJ2156
Viney Mittal, J.1. The present appeal has been filed by appellant-claimant Nand-kishore, who was injured in an accident on 13.11.1997 and had suffered a fracture of the pelvic bone and a rupture of urinary tract, besides some other injuries.2. The appellant has been awarded a total compensation of Rs. 1,05,000 by the Motor Accidents Claims Tribunal, Indore and has claimed enhancement of compensation in the present appeal.3. The factum of the accident and the injuries suffered by appellant Nandkishore have not been disputed by the respondents.4. Dr. Chandrashekhar Thatte, Urologist has appeared as AW 1 and has proved his medical report and certificates issued by him to the injured. It has been opined by the aforesaid doctor that urinary tract of the claimant-injured had been severely damaged and required a surgery for bringing the same to normal. The doctor has also opined that on account of the injuries suffered by the injured, he had been rendered temporarily impotent and was unable t...
Lakhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2008
Reported in: 2008CriLJ1194
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 21-7-2006 passed by the learned Sessions Judge, Bhopal in S.T. No. 42/2006 convicting the appellant under Section 302 of IPC and sentencing him to suffer life imprisonment, the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.2. In brief the prosecution case is that complainant Guddu and his brother Pappu (hereinafter referred to as deceased) were residing in slum area. In the same locality the appellant was also having a hut. A tree of Neelgiri was in the courtyard of complainant, which fell down during rainy season, as a result of which the complainant party kept the wood of the said tree on the other side of the road in front of the hut of the appellant. It is said that brother of the appellant cut the wooden logs and by committing theft took away the wood of the said tree as a result of which some altercation took place between the appel...
State of Madhya Pradesh and ors. Vs. Ramesh Chandra Bajpai Overruled
Court: Madhya Pradesh
Decided on: Jan-04-2008
Reported in: ILR(2008)MP1350
S.K. Kulshrestha, J.1. This appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 3.11.2004 passed by the learned Single Judge in W.P. No. 4005/2003.2. It is not disputed that the respondent was appointed and is working as Physical Training Instructor in the Government Dhanvantari Ayurvedic College. The respondent had filed a petition for seeking parity in pay scales with the other Teachers notwithstanding that he was Physical Training Instructor in view of the decision of the Supreme Court in P.S. Ramamohana Rao v. A.P. Agricultural University and Anr. and the other circumstances brought on record. The leaned Single Judge by his impugned order has given a direction that the respondent should also be considered for pay scales applicable in the case of UGC Teachers.3. Learned Additional Advocate General has strenuously contended that since the service of the respondent (original petitioner) is gover...
Ramchandra Vs. Smt. Kamladevi and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2008
Reported in: 2008(2)MPHT486
S.K. Seth, J.1.This is landlord's appeal against the reversing judgment and decree in an eviction suit.2. Suit accommodation is situated in Narsinghgarh. Suit accommodation is residential situated on the ground floor. There is no dispute as regards the relationship of landlord and tenant between the parties. Plaintiff claimed eviction on three grounds, viz. Section 12(1)(a)(e) and (m) of the Act. Defendant in the written statement denied the claim sep up in the plaint. Based upon pleading of the parties, trial Court farmed issues and allowed the parties to adduce evidence. Learned trials Judge, on appreciation of evidence, found in favour of the plaintiff and passed an eviction decree against the tenant vide Judgment and Decree dated 8-3-2000. Matter was carried in appeal by the tenant and plaintiff also filed cross objection against the finding recorded by the trial Judge on issue No. 3 and also 2 sought eviction under Section 12(1)(a) of the Act. During the pendency of first appeal, ...
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