Madhya Pradesh Court July 2010 Judgments
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Smt. Usha Sontake. Vs. Shri Mahila Graha Udyogh Lijjat Papad and Anoth ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. In the present appeal the challenge is to the order dated 22.8.2000 passed by the 1st Additional District Judge, Bhopal in Misc. Civil Case No.8/1998 whereby the appellant has been inflicted with the punishment for breach of the order of injunction.2. The order impugned has been passed in exercise of powers vested with the Civil Court under Order 39 Rule 2- A read with Section 94 of the Code of Civil Procedure.3. The facts leading to this appeal are that the respondent No.1 filed a civil suit for restraining the appellant from using the trade name of "Lijjat Papad or New Lijjat in any form". The stay order was passed on 13.8.1997 in Civil Suit No.18-A/1997. An application was filed before the trial Court making a grievance that the appellant and the respondent No.2 have disobeyed the order of injunction, therefore, an appropriate action to punish them be taken. The trial Court passed the order on 222.8.2000 wherein it is observed that the appellant and the respondent No.2 were guilt...
A.K.Siddiqui. Vs.The State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. The petitioner, who has retired as Assistant Soil Officer, has filed this petition claiming settlement of retiral dues.2. It is submitted by the learned counsel for the petitioner that he retired from service on 31-7-2002 but till date his retiral dues have not been finalized and an amount of Rs.2,26,054/- has been retained by the respondents from his gratuity and other dues and is being paid only 90% of actual pension. It is submitted that the petitioner while he was posted at Balaghat, was entrusted with construction of Saleya Wadi Irrigation Tank in respect of which some complaints were made before the Collector pursuant to which the entire measurement books, receipts and vouchers were seized by the S.D.O. and deposited in the office of the Collector, but no further enquiry or investigation has been conducted by the authorities. On account of the aforesaid seizure the petitioner's pension and retiral dues have not been finalized and an amount of Rs.2,26,054/- has been arbitrarily...
Anand Shankar Dixit and Others. Vs. the State of Madhya Pradesh, and o ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. Petitioners herein are presently holding the post of Asst. Professor in various Government Colleges. Petitioner No.1 is an Asst. Professor (Hindi) in the selection grade and when this writ petition was filed in the year 2007, he was working in Government College Prithwipur, District Tikamgarh. Similarly petitioner No.2 was an Asst. Professor (English) in the selection grade and was working in Government Girls College, Beena. Petitioner No.3 was Asst. Professor (Mathematics) in selection grade and was also working in Government Post Graduate College, Beena. Petitioner No.4 was Asst. Professor (Chemistry) in selection grade and was working in the Government College, Beena and petitioner No.5 was an Asst. Professor (Zoology) in selection grade and was working in Government College, Beena. 2. Grievance of the petitioners were that even though they are senior to respondent Nos.3 to 7 in the cadre of Asst. Professor, these respondents have been promoted on the post of Professor ignoring t...
Sanjay Deevan S/O Shravan Kumar Deevan. Vs. the State of Madhya Prades ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. Appellant has filed this appeal against the judgment dated 2.5.1994 passed by Second Additional Sessions Judge, Hoshangabad in Sessions Trial No. 192/91, convicting him under Sections 302, 364 & 201 of the Indian Penal Code and sentencing him to imprisonment for life, rigorous imprisonment for ten years with fine of Rs. 1000/- and rigorous imprisonment for three years with fine of Rs. 1000/- on each count respectively. Sentences directed to run concurrently.2. In short, the prosecution case is that on 24.8.1991, N.K.Vyas lodged report with the police that his son Prateek @ Bittu, aged about 10 years, who had gone out at about 5 O' clock in the evening for playing, did not come back home. A missing report was recorded in Rojnamcha No. 1955. On enquiry, it was revealed that the appellant was seen carrying Prateek @ Bittu on a scooter at `Jind Baba Place' and `Bus Stand', Hoshangabad. Since a letter was also received by N.K.Vyas in the past, in which name of appellant was mentioned, it...
Shri Mahila Graha Udyogh Lijjat Papad. Vs. Smt. Usha Sontake and Anoth ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. In the present appeal the challenge is to the order dated 22.8.2000 passed by the 1st Additional District Judge, Bhopal in Misc. Civil Case No.8/1998 whereby the respondent No.1 has been inflicted with the punishment of three days' civil imprisonment for breach of the order of injunction and contempt application has been dismissed against respondent No.2 who has been exonerated.2. The appellant in this appeal has prayed for enhancement of the punishment against the respondent No.1 and for awarding suitable punishment to the respondent No.2 who has been exonerated from the action under the contempt.3. The respondent No.1 has also preferred an appeal before this Court against the same impugned order wherein she has been held guilty which is registered as M.A. No.1869/2000 (Smt. Usha Sontake vs. Shri Mahila Grih Udyog Lijjat Papad & Another). Today both the appeals were heard together and after hearing the learned counsel for the parties at length this Court has passed the following or...
M.P.Housing Board. Vs. Shravan Kumar Pathak.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. This is an appeal preferred under Section 37 of the Arbitration and Conciliation Act, 1996 whereby the appellant has challenged the order dated 20.4.2000 passed by the District Judge Satna in MCC No.15/2000.2. The respondent was a contractor and certain recoveries were to be effected from him and notice for attachment was also moved. An application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short "the 1996 Act") was moved by the respondent to the Court of District Judge, Satna on the ground that there had been an agreement between the parties and as per Clause 29 of the Contract Agreement the Deputy Housing Commissioner was required to decide all questions and dispute relating to work but the Deputy Housing Commissioner has not decided the same. It was further contended that the application was submitted to the Deputy Housing Commissioner and he on 23.3.1986 and 30.10.1999 requested the Housing Commissioner to decide all the disputes referred to him. 3. The g...
Sanjeev BaroniA. Vs. Smt.Nisha Gupta and Another.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. Shri Ashish Shroti, counsel for petitioner. This petition is directed against two orders; firstly order dated 6.8.2008 by which the trial Court allowed an application under order 6 Rule 17 C.P.C., and permitted defendants to incorporate counter claim in the written statement and another order which is under challenge in this petition is dated 18.5.2010 by which an application filed by the defendants under Order 6 Rule 17 C.P.C., seeking amendment in the counter claim was allowed.2. Learned counsel for petitioner submitted that he may be permitted to withdraw this petition, in so far as it relates to challenging order dated 6.8.2008 and to press this petition against the order dated 18.5.2010.3. Prayer is allowed. This petition is dismissed as withdrawn, in so far as challenge to order dated 6.8.2008 is concerned. It is submitted by the petitioner that the trial Court erred in allowing application under order 6 Rule 17 C.P.C., permitting the defendants to incorporate amendment in the...
Narendra Kumar Singh, and anr. Vs. Madhya Pradesh State Electricity.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. With the consent of the learned counsel for the parties, the matter is heard finally.2. The issue involved in both the petitions, i.e. W.P Nos.7666/2010(S) and 7146/2010(S), being identical, they are heard together and decided by a common order. The facts, in brief, are that the petitioners in both the aforesaid petitions were initially appointed as Assistant Engineer in the establishment of the respondent Board and were subsequently promoted on probation as Executive Engineer by order dated 7.2.2005. By impugned order dated 12.5.2010 they have been reverted back on the post of Assistant Engineer on the ground that they have not successfully completed their period of probation. It is submitted by the learned counsel for the petitioners that the petitioners, having been continued on probation for such a long time, should have been confirmed as no adverse remarks or entries have been communicated to them. The learned counsel for the petitioners further submits that the respondent auth...
Bhartiya Alternative Medical Foundation and Others. Vs. the State of M ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-22-2010
1. In W.P. No. 7352/2007, prayer has been made for quashing order (P-4) dated 11.4.2007 passed by Principal Secretary, Department of Medical Education, Madhya Pradesh, Bhopal. Prayer has also been made to direct the respondents to permit the petitioner institution to practice and impart education in alternative system of Electro Homeopathy System of Medicine in accordance with law. Prayer has also been made to issue mandamus directing respondents State to formulate the rules and regulation as well as guidelines by bringing regulatory legislation for Electro-Homeopathy System as per direction of Delhi High Court passed in W.P. No. 4015 of 1996.2. In W.P. No. 2242/2007 prayer has been made to quash order dated 22.1.2007 and communications dated 6.2.2007 and 3.2.2007 issued by the respondents. Further prayer has been made to permit the petitioner institution/College established at Baihar, Balaghat to function and direct the respondents to grant registration to the petitioner institution.3...
B P AminA. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-21-2010
1. The petitioner has challenged the Revenue Recovery Certificate issued by the respondents, document no.2, for recovery of an amount of Rs. 10,09,951/.2. It was submitted by the petitioner that without any order by the competent authority, a revenue recovery certificate has been issued at the instance of the Executive Engineer, PWD ( B & R) Division No.1, Seoni, respondent no.1b, who was party to the agreement. That before initiating recovery, the dispute was to be adjudicated by an independent competent authority and the recovery directed by the Executive Engineer is without jurisdiction. Reliance has been placed to the Full Bench judgment of this court in B.B. Verma & Anr. v. State of M.P. & Anr. [2007(3) MPJR 251] and a recent judgment of this court in WP No. 8389/10 ( M/s Agarwal Construction Company v. State of Madhya Pradesh ) decided on 20710.3. It was further submitted by Shri S.Rao, that in relation to the contract, the petitioner filed a reference case before the Madhya Prad...
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