Madhya Pradesh Court March 2008 Judgments
Krishnarao Kavdikar (Dead) Through His L.Rs. Ullas Kavidkar Vs. Smt. S ...
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: 2008(2)MPHT529
P.K. Jaiswal, J.1. Heard on admission.This appeal is filed by the appellant-plaintiff against the judgment and decree dated 25-1-2007 passed by Additional Judge to the Court of District Judge, Fast Track, Gwalior, in Civil Appeal No. 20-A/06, whereby the judgment and decree passed by the Trial Court dismissing the suit for ejectment was affirmed.2. Brief facts of the case are that the father of the present appellant Krishna Rao was owner of the disputed house bearing Survey No. 57/1690. Krishna Rao acquired the suit property from his father Late Shri Anand Rao, who expired on 12-2-1944. On 15-5-2002, he filed a suit for ejectment under Section 12(1)(a) and (c) of the M.P. Accommodation Control Act, 1961 (for short 'the Act'). It was pleaded that defendant No. 1 is daughter of Krishna Rao, married to Shri R.G. Khanvalkar and after some time of her marriage, her husband developed bad habits, i.e., started taking liquor and assaulted her and, therefore, the plaintiff who is father of the ...
Tag this Judgment!C.R. Gaur Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: [2008(118)FLR187]; 2008(3)MPHT24
A.K. Patnaik, C.J.1. This is an appeal against the order dated 14-2-2008 passed by the learned Single Judge in W.P. No. 1854/2008 (s) filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.2. The facts briefly are that the appellant belongs to the services of Farmers' Welfare and Agriculture Development Department. He was posted on deputation in the M.P. Rajya Krishi Vipnan Board by order dated 27-4-2006 for a period of one year. Thereafter, the period of deputation was extended for a period of one year upto 26-4-2008 vide order dated 2-8-2007, but by order dated 11-1-2008 he was repatriated to his parent Department, namely Farmers' Welfare and Agriculture Development Department.3. Aggrieved, the appellant filed Writ Petition No. 1854/2008 (s) under Article 226 of the Constitution of India and the learned Single Judge relying on the judgment dated 2-7-2007 of the Division Bench of this Court in the case of Anil Kumar Nanda v. State ...
Tag this Judgment!Mohd. Dildar Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: 2008(3)MPHT146
A.K. Patnaik, C.J.1. This appeal has been filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 29-1-2008 passed by the learned Single Judge in W.P. No. 925/2008 (S).2. The facts briefly are stated the appellant was working as GDR Lans Nayak in the 4 Grenadiers Regimental Centre since 1974. After rendering continuous military service from 30-5-1974 to 10-11-1983 for about 9 years and 6 months, he was discharged from service on the basis of finding of medical report that he was medically unfit for military service. Since the appellant had not completed the requisite pensionable services of 15 years, he was not paid pension. Further, because the appellant was discharged from service on medical ground, he was not provided suitable alternative employment. The appellant therefore entered into correspondence with the respondent through Deputy Collector District Sainik Welfare Officer, Shahdol, who requested the Re...
Tag this Judgment!Lalla Prasad Burman Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: 2008(3)MPHT26
A.K. Patnaik, C.J.1. This is an appeal filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 30-7-2007 passed by learned Single Judge in W.P. No. 9457/2007.2. The relevant facts briefly are that the appellant was appointed as From the Judgment and Order dated 30-7-2007 of the Single Judge of this Court in W.P. No. 9457/2007. Panchayat Karmi in Gram Panchayat, Karri in District Shahdol in the State of M.P. on 13-11-1995 and thereafter was notified as Secretary of the Panchayat by the Collector, Shahdol on 12-10-1999. While he was working as a Secretary, he was served with a notice dated 21-6-2007 to show cause why the charge of Panchayat Secretary shall not be withdrawn from him because of the allegation against him that some essential commodities belonging to ration card-holders were found in his possession and prosecution under the Essential Commodities Act, 1955 against him was pending. The appellant submitted ...
Tag this Judgment!V.K. Brahamankar Vs. Special Police Establishment
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: 2008(3)MPHT58
A.K. Shrivastava, J.1. The order passed in this appeal shall also govern the disposal of Criminal Appeal No. 2110/1997 (Smt. Vandana Brahamankar v. Special Police Establishment) and Criminal Appeal No. 2183/1997 (Shivkumar Gupta and Anr. v. The State of M.P. and Anr.) as they have also arisen from the same impugned order dated 2-9-1997, which is impugned in this appeal.2. Feeling aggrieved by the order dated 2-9-1997 passed by First Addl. Special Judge (Lokayukta) in Criminal Miscellaneous Case No. 5/1997, this appeal has been filed under Section 11 of Criminal Law Amendment Ordinance, 1944 (in short 'the Ordinance').3. The facts leading to this appeal lie in narrow compass. Suffice it to state that during the pendency of the investigation of a case against the present appellant under Section 13(1)(e) read with Section 13(2) of Prevention of Corruption Act, 1988 (in short 'the Act'), an application under Section 3 of the Ordinance was submitted by Dy. Superintendent of Police, Special ...
Tag this Judgment!Satish Gangrade and anr. Vs. M.P. Madhya Kshetra Vidyut Vitran Company ...
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: AIR2008MP211; 2008(3)MPHT149
ORDERAbhay M. Naik, J.1. Petitioners have assailed the denial of Madhya Pradesh State Electricity Board contained in its letter dated 8-5-2007 marked as Annexure P-1, in respect of electric connection to auction purchasers on the ground that there were dues against the person who availed electricity in the same premises prior to auction.2. Short facts giving rise to the present writ petition are that the Cent Bank, Home Finance Limited (respondent No. 4) issued a notice to auction various properties in exercise of powers under Rule 8 framed under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which included the subject flat situated in Serve Dharma Colony, Bhopal, as revealed in the advertisement marked as Annexure P-2. Petitioners being the highest bidder, purchased the said flat in open auction on 28-2-2007. A sale certificate was duly issued on 16-3-2007 and it was duly forwarded for registration to the office of Sub-Registrar, ...
Tag this Judgment!Gendalal (Since Dead) Through L.Rs. Sajjanbai Etc. and anr. Vs. Pannal ...
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: 2008(3)MPHT521
ORDERA.K. Gohil, J.1. This second appeal filed under Section 100 of CPC was admitted on the following substantial question of law:(1) Whether the transaction embodied in Exh. D-1 is a sale or a mortgage?(2) Whether the finding of the Court below on the questions relating to the proof of practice of fraud on the plaintiffs by the defendants and the execution of Exh. P-1 by them, wrong and perverse?2. Brief facts of the case are that the respondent/plaintiff filed a suit for redemption of mortgage, possession and for declaration that the sale deed dated 31-3-1960 be declared as void. The suit of the plaintiff in brief was that the said land situated at Village Kapasthal bearing Survey Nos. 327, 406, 764, 799, 809,812 admeasuring 6.605 hect. was the land of Joint Hindu Family and their father Chunnilal was the owner of the land. In the year 1957 Chunnilal died and mother was also not alive. At that time, both the plaintiffs were minor and one Rama Balai was performing the agricultural ope...
Tag this Judgment!Hind Syntex Ltd. Vs. Dewas Mazdoor Sangh and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: (2008)IIILLJ372MP
Viney Mittal, J.1. This order shall dispose of two writ petitions being W.P. No. 1892/2005(s) and W.P. No. 2612/2005(s). As a matter of fact, both these writ petitions are cross petitions challenging the award dated June 20, 2005 passed by the Madhya Pradesh Industrial Tribunal, Indore (Hereinafter referred to as the Tribunal). Whereas W.P. No. 1892/2005(s) has been filed by the company Hind Syntex Limited, other Writ Petition W.P. No. 2612/2005(s) has been filed by the-workers-union-Dewas Mazdoor Sangh. For the sake of convenience, henceforth the management company Hind Syntex Ltd. would be referred as petitioner-company, whereas Dewas Mazdoor Sangh would be referred as i workers-union.Facts2. The petitioner-company is a company incorporated under the Companies Act and is having an industrial undertaking at village Birgod, Tehsil Tonkkhurd, District Dewas. The said industrial unit was engaged in manufacture of synthetic blended yarn. According to the petitioner-company, it had commenc...
Tag this Judgment!Lords Wear Pvt. Ltd. Vs. Anandkumar Devendra Kumar and anr.
Court: Madhya Pradesh
Decided on: Mar-31-2008
Reported in: 2009(3)MPHT533
N.K. Mody, J.1. This judgment shall also govern disposal of A.A. No. 2/2007 and A.A. No. 3/2007 as in all the appeals the point involved is one and the same and in all the appeals the appellant is one and the same. All the appeals are being filed against the order dated 26- 2-2007 passed in Arbitration Case No. 14/2005, 15/2005 and 13/2005 passed by XI ADJ Indore. In all the appeals appellant is one and the same but the respondent No. 1 is different. In A.A. No. 1/2007 respondent No. 1 is M/s. Anandkumar Devendra Kumar, in A.A. No. 2/2007 respondent No. 1 is Hukumchand Munnalal Patni while in A.A. No. 3/2007 respondent No. 1 is Hemantkumar Patni,. In all the cases the claim case was filed by respondent No. 1 before respondent No. 2 Arbitration Tribunal (Shrimant Maharaja Tukojirao Cloth Market Merchants Association, MT Cloth Market, Indore). The amount which was claimed in all the three appeals were as under:A.A. No. 1/2007 Rs. 2,33,938.85 paiseA.A. No. 2/2007 Rs. 2,04,369.90 paiseA.A....
Tag this Judgment!Shanker Mihani Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-28-2008
Reported in: 2008(2)MPHT318
ORDERA.K. Patnaik, C.J.1. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10-10-2007 of the Collector, Hoshangabad detaining him under the National Security Act, 1980 (for short 'the Act').2. The facts as briefly stated in the writ petition are that the petitioner contested election for the post of Councillor, Municipal Council, Itarsi on 24-11-2004 and was declared elected from Ward No. 17 securing maximum number of votes. On 18-4-2007, the Collector Hoshangabad issued an order of externment of the petitioner under the M.P. Rajya Suraksha Adhiniyam, 1990 expelling him from Hoshangabad, Harda, Betul, Narsinghpur, Sehore and Raisen Districts for a period of one year on grounds mentioned in the order. The petitioner challenged the order of externment before the High Court and the High Court directed the stay of the order of externment. Thereafter, the Police arrested the petitioner under Section 110 of the Code of Criminal Pr...
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