Madhya Pradesh Court July 2008 Judgments
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Katni Pottery Karamchari Sangh Vs. Associated Cement Companies Limited ...
Court: Madhya Pradesh
Decided on: Jul-29-2008
Reported in: (2009)IILLJ253MP; 2008(5)MPHT116
ORDERR.S. Jha, J. 1. The petitioner has filed this petition assailing the validity of the award dated 15-5-2001' of the Industrial Court, Jabalpur, on the ground that the Industrial Court has committed gross illegality and passed an award in terms of the agreements entered into between the parties without answering or adjudicating upon the disputes that were referred to it by the State Government vide order dated 4-1-1991.2. The case of the petitioner, before this Court, is that the petitioner is a representative Union duly recognized as such under the provisions of Section 27 of the M.P. Industrial Relations Act, 1960 (hereinafter referred to as 'the Act') and is the only Union competent to represent the interest of the employees of the respondent-Company. On failure of conciliation proceedings, the petitioner-Union moved the State Government for referring the dispute for adjudication to the Industrial Court and the State Government vide order dated 4-1-1991 referred the following dis...
Miss. Vidya Soni and anr. Vs. Pushpesh Dwivedi and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2008
Reported in: AIR2008MP319; 2009(2)MPHT19
Dipak Misra, J.1. In this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (for brevity the Act'), the assail is to the award dated 13-10-2001 passed by the Motor Accident Claims Tribunal, Tikamgarh (in short the tribunal') in MCC No. 18/1999.2. The claimants-appellants (hereinafter referred to the claimants') initiated an action under Section 166 of the Act for grant of compensation of Rs. 60,00,000/- for the death of Ramswarup and Dhiru who died in a vehicular accident which occurred on 10-4-1999 at 7 p.m. when the motorcycle being driven by Ramswarup was dashed by a mini-truck bearing registration No. MP-15/J-0568 at Nivari Sandri road being rashly and negligently driven by the respondent No. 2, as a consequence of which Ramswarup and his son Dhiru breathed their last on the spot. It was put forth before the tribunal that the deceased Ramswarup was earning Rs. 5,000/- per month and his son Dhiru was 15 years of age and prosecuting his study in class IX. The claiman...
Sanjay Gurjar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-29-2008
Reported in: 2009(2)MPHT174
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 5-6-08 passed by Ilnd Additional Sessions Judge, Ratlam in Criminal Appeal No. 122/08, whereby the learned Sessions Court dismissed the appeal filed under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which shall be reported as J.J. Act filed against the order dated 21-5-08 passed by Principal Judge, Juvenile Court, Ratlam in Criminal Case No. 3765/06, whereby the learned Trial Court rejected the application for giving petitioner for Supurdagi to his uncle, hence the present petition has been filed.2. Short facts of the case are that petitioner Sanjay s/o Ramchandra is being prosecuted for having committed offence under Sections 302, 147, 148, 149, 450, 307, 427, 325, 324 and 323 of IPC along with 15 other accused for an offence in which 4 persons were murdered and 5 persons were injured. Since the petitioner was Juvenile, therefore, the case of the petitioner was transferred to Juvenile Court. Bef...
Dr. Arti Choudhari Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2008
Reported in: 2009(2)MPHT121
ORDERShantanu Kemkar, J.1. Petitioner was appointed on the post of Medical Officer on contract basis in the Public Health & Family Welfare Department of the State Government. Pursuant to her appointment she joined the service w.e.f. 5-12-2005 vide Annexurc P-2 at Primary Health Centre, Bhorasa, Block Sonkutch, District Dewas. As the petitioner was not keeping good health, she submitted an application on 27-11-2007 (Annexure P-3) seeking leave on medical ground. Another application for extension of leave was submitted by her on 8-12-2007 (Annexure P-4). However, the Chief Medical & Health Officer, Dewas vide impugned order dated 7-1-2008 (Annexure P-1) terminated the petitioner's service on the ground that she remained unauthorisedly absent since 28-11 -2007 and did not comply with the conditions of her contract appointment.2. Feeling aggrieved by the aforesaid termination order dated 7-1-2008 (Annexure P-1) the petitioner has filed this petition under Articles 226 and 227 of the Consti...
Milan Supari Stores Vs. Assistant Commissioner of Commercial Tax and o ...
Court: Madhya Pradesh
Decided on: Jul-29-2008
Reported in: (2009)23VST362(MP)
Viney Mittal, J.1. This order shall dispose of 14 writ petitions being W.P. Nos. 3381 to 3384 and 4098 of 2007, W.P. Nos. 4065 to 4069 and 4147 to 4150 of 2008, as the controversy involved in all these cases are identical, and identical arguments have been addressed before me by the learned Counsel for the parties. For the sake of convenience, the facts are borrowed from W.P. No. 3381 of 2007.2. The petitioner, Milan Supari Stores, is a partnership firm engaged in the purchase and sale of supari, elaichi, khopra, etc. The controversy in question relates to the reassessment orders passed by the sales tax authorities pertaining to the period April 14, 1982 to March 31, 1983. The order dated January 13, 2006 passed by way of reassessment by the assessing authority (Assistant Commissioner of Commercial Tax) has been confirmed by the revisional authority vide order dated January 31, 2007.3. For the assessment year in question, the assessing authority completed the assessment proceedings of ...
Smt. Chitrarekha Vs. Virendra Kumar Sharma and anr.
Court: Madhya Pradesh
Decided on: Jul-28-2008
Reported in: 2008(4)MPHT365
ORDERS.K. Gangele, J.1. Heard on I.A. No. 10288/08 for taking certain documents on record.The application is allowed.2. Because the petitioner has challenged the order passed in execution proceedings hence with the consent of parties the case is disposed of finally.3. Plaintiff-respondent No. 1, Virendra Kumar Sharma, filed a civil suit against the petitioner-defendant No. 1 for recovery of an amount of Rupees Two Lakhs with interest at the rate of 18% per annum. He pleaded that the defendants had taken a loan for their personal use on 01 -11 -1999. In consequence thereof a promissory note was executed. Defendants also agreed to pay interest at the rate of 18% per annum on the loan amount. However, in spite of that the defendants did not pay the aforesaid amount. Defendants denied the execution of promissory note and taking loan. They pleaded that plaintiff authored a forged document. The Trial Court after recording the finding that defendants had taken a loan of Rupees Two Lakhs passe...
P.G. Kshatriya Vs. the State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-25-2008
Reported in: 2008(5)MPHT82
ORDERA.K. Patnaik, C.J.1. This is an appeal against the order dated 28-9-2005 passed by the learned Single Judge dismissing the Writ Petition No. 11567/2003 filed by the appellant.2. The facts briefly are that the appellant filed an Original Application, O.A. No. 1784/1997, before the Madhya Pradesh State Administrative Tribunal, Jabalpur, (for short 'the Tribunal') constituted under the Administrative Tribunals Act, 1985. In the O.A., the case of the appellant was that while he was working as a Tehsildar, Maihar in Satna District, he had recovered a fine amount imposed under Section 248 of the Madhya Pradesh Land Revenue Code, 1959 and had entered such amount in the money receipt book as well as in cash book but the fine amount was seized as a bribe by the Officers of the Madhya Pradesh Lokayukt on 19-12-1985. Thereafter, a criminal case was instituted against him and he was placed under suspension. After investigation, charge-sheet was filed and he was tried by the Special Judge, Sat...
Bhuvaneshwar Prasad @ Guddu Dixit Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-24-2008
Reported in: 2008(5)MPHT72
R.S. Garg, J.1. The original petitioner/appellant being aggrieved by order dated 10-4-2008 passed in Writ Petition No. 3140/2007 by the learned Single Judge, whereunder the petition filed by the petitioner/appellant against the order dated 6-1-2007 passed by the Collector has been dismissed, has filed this appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.2. To put the records straight and crease out the wrinkles which are creating problems to all concerned, we are required to detail some facts.3. The petitioner contested the election for the office of Sarpanch of Gram Panchayat, Badari. As the results were notified on 27-1-2005, any person aggrieved by the declaration of the result could certainly file an election petition within thirty days from the declaration of the results, i.e., on or before 26-1-2005.4. One Vansh Gopal s/o Nand Gopal Dubey (respondent No. 5) filed Writ Petition No. 947 of 2005 submitting inter alia that the...
Mohammad Aslam Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-24-2008
Reported in: 2008CriLJ4212
S.A. Naqvi, J.1. The appellant Mohd. Aslam has preferred the appeal being aggrieved by the impugned judgment dated 25-6-94 passed by the First Additional Sessions Judge, Chhindwara in Sessions Trial No. 88/93 whereby the appellant has been convicted under Sections 376, 363 and 366 of I.P.C. and sentenced to undergo seven years R.I. and fine of Rs. 500/- in default 2 months R.I., 2 months R.I. and fine of Rs. 200/- in default 1 month R.I. and 3 years R.I. and fine of Rs. 200/- in default 1 month R.I. respectively.2. The case of the prosecution in short is that prosecutrix (PW-9) resides with his father Nandlal (PW-1) and mother, Kamlawati (PW-4). On 6-2-93, Nandlal and Kamlawati were out of village, Singori in respect of their business of oil, prosecutrix and her sister Anusia (PW-7) were at home. On 6-2-93, prosecutrix and her sister Suia alias Anusia went to wash the clothes on the well of Davendra Singh Seth which was situated on Rajola road. Anusia was fetching water from the well a...
Tulsiram Mehta Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2008
Reported in: 2009(2)MPHT177
ORDERShubhada R. Waghmare, J.1. By this revision filed under Section 397 read with Section 401 of the Cr.PC, the petitioner has challenged order dated 25-11-04 passed by the 12th Additional Sessions Judge, Indore, in Criminal Appeal No. 485/03 convicting the accused under Section 16(1)(a) read with Section 7(1) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act' for brevity) and sentencing the accused for six months Rigorous Imprisonment with fine of Rs. 1000/-, in default of payment of fine, an additional Rigorous Imprisonment for one month.2. Brief facts as alleged by the prosecution are that on the date of incident, i.e., 12-8-91 at about 9.15 a.m., the Food Inspector of Municipal Corporation, Indore Shri M.J. Ansari (P.W. 1) inspected the shop named Sitaram Dhudh Dahi Bhandar at Janta Quarter, Nanda Nagar, Indore doubting that the owner of the shop did not possess valid and legal licence under the Prevention of Food Adulteration Act, took a sample of th...
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