Madhya Pradesh Court January 2013 Judgments
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Smt. Indra Pawar Vs. Shri M.S.Agarwal,
Court: Madhya Pradesh
Decided on: Jan-08-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : JUSTICE J.K.MAHESHWARI MISC. APPEAL NO.3089 OF 200.Smt. Indra Pawar and others Vs. Shri M.S. Agrawal and another Shri Ashok Chakravarti, learned counsel for the appellants. Ms. Anita Kaithwas, learned counsel for respondent No.1. Shri Pramod Sahu, learned counsel for respondent No.2. ORDER (08/01/2013) The claimants/appellants have preferred this appeal under Section 30 of the Workmen's Compensation, assailing the order dated 23/5/2005 passed by the Commissioner, Workmen's Compensation, Betul, denying to pay the interest and penalty.2. This appeal was admitted on 1/2/2006 on the following substantial questions of law : i) Whether the Commissioner, Workmen's Compensation cum Labour Court Betul acted illegally in refusing the interest on the awarded compensation ?. ii) Whether the Commissioner, Workmen's Compensation cum Labour Court Betul committed error in not granting penalty addition to the compensation awarded ?..3. At the outse...
M/S Machines India Vs. Chief Engineer, Jabalpur Jone
Court: Madhya Pradesh
Decided on: Jan-08-2013
(1) Civil Revision No.426/2010 HIGH COURT OF M. P. JUDICATURE AT JABALPUR Single Bench : Hon'ble Shri Justice A.K. Shrivastava Civil Revision No.426 / 2010 Applicant : M/s. Machine India, a Proprietary concern earlier having its office at 28, Ambazari Layout, North Ambazari Road, Nagpur. Vs. Respondent : Chief Engineer Jabalpur Zone, Jabalpur through Garrisson Engineer (P), Fy. Jabalpur Bhagat Marg, Jabalpur, on behalf of Union of India. _________________________________________________________ Shri V.R. Rao, Senior Advocate with Shri S. Rao, Advocate for applicant. Shri Vivek Rusia, Advocate for respondent. _________________________________________________________ ORDER (08/01/2013) This revision under Section 115 of Civil Procedure Code, 1908 against the order dated 16.09.2010 passed by learned Executing Court in Execution Case No.47/2003 has been filed by the applicant- Contractor.2. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this rev...
Satish Datt Garg Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-08-2013
M.C.C.No.9/2013 08.01.2013 Shri Vijay Kumar Shukla, Advocate for the petitioner. Shri Vivek Agrawal, Government Advocate for the respondents No.1 to 3. Dr. Anuvad Shrivastava, Advocate for respondent No.4. This application is filed by the petitioner for correction of a typographical error in the order dated 21.12.2012 in W.A.No.1455/2012 by this Bench. It is stated that in operative part of order dated 21.12.2012 this Court has directed thus:- "In the aforesaid circumstances in the interest of justice we direct that if the transfer order is still in force, respondent No.3, Collector, Katni shall relieve the appellant within a period of one week from the date of passing of this order. Appellant shall join his duties at Katni within a period of one week from the date of relieving."In the aforesaid order, in place of joining duties at Seoni, by mistake, it has been typed as Katni, which deserves to be corrected. Dr. Anuvad Shrivastava, learned counsel for respondent No.4 Bhartesh Jain has...
Vikas JaIn Vs. Amita Urf Vandana Jain
Court: Madhya Pradesh
Decided on: Jan-08-2013
CRR.No.2193/2012 Criminal Revision No.2193/2012 10.1.2013 Shri Surendra Mishra, counsel for the applicant. None for the respondent. Heard on admission. The applicant has challenged the order dated 16.10.2012 passed by the learned Principal Judge of Family Court, Sagar in MJ.No.156/2011, whereby a maintenance order was passed against the applicant. After considering the submissions made by the learned counsel for the applicant, it appears that a maintenance order has been passed under section 24 of the Hindu Marriage Act. It is not passed under section 125 of the Cr.P.C., therefore, the impugned order is not challengeable by way of a criminal revision. No interim maintenance has been granted under section 125 of the Cr.P.C.separately and therefore, the present revision filed by the applicant is not maintainable. Consequently, it is hereby dismissed at motion stage. (N.K.GUPTA) JUDGE Pushpendra...
Dr. Himlesh Charan Dube Vs. Additional Commissioner
Court: Madhya Pradesh
Decided on: Jan-08-2013
W.P.NO.6935/2011 08-01-2013 Shri P.K.Mishra, learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate, for respondent no.1. Shri R.S.Saini, learned counsel for respondent no.2 Challenging the order dated 01-02-2006, passed by the Additional Commissioner, Jabalpur Division, Jabalpur in the matter of mutation with regard to the property in question, this writ petition has been filed. Even though various grounds are raised in the writ petition,a preliminary objection is raised with regard to maintainability of the writ petition. It is pointed out by the respondents that against the order passed on 01-02-2006, the petitioner has a remedy of filing revision before the Board of Revenue under Section 50. The petitioner did not take any action for challenging this order for a period of more than 5 years and it is only in the year 2011, this writ petition is filed that also without exhausting statutory remedy of revision which was not filed within a period of limitation , acco...
M/S Shree Sharda Domestic Fuels Vs. the Assistant Commissioner
Court: Madhya Pradesh
Decided on: Jan-08-2013
1 HIGH COURT OF MADAHYA PRADESH : AT JABALPUR W.P.No.15484/2007 M/s Shri Sharda Domestic Fuels Pvt.Ltd. Vs. State of M.P. and others. W.P.No.15421/2007 M/s Shri Sharda Domestic Fuels Pvt.Ltd. Vs. State of M.P. and others. W.P.No.2802/2008 M/s Shri Sharda Domestic Fuels Pvt.Ltd. Vs. The Asstt.Commissioner and others. W.P.No.2810/2008 M/s Shri Sharda Domestic Fuels Pvt.Ltd. Vs. The Asstt. Commissioner and others. W.P.No.2811/08 M/s Shri Sharda Domestic Fuels Pvt.Ltd. Vs. Asstt.Commissioner and others. W.P.No.2823/08 M/s Vandana Fuels Pvt.Ltd. Vs. Asstt. Commissioner and others. W.P.No.2824/08 M/s Vandana Fuels Pvt.Ltd. Vs. Asstt.Commissioner and others. 2 W.P.No.2825/08 M/s Vandana Fuels Pvt.Ltd. Vs. Asstt. Commissioner and others. W.P.No.2826/08 M/s Vandana Fuels Pvt.Ltd. Vs. Asstt. Commissioner and others. W.P.No.2827/08 M/s Vandana Fuels Pvt.Ltd. Vs. Asstt. Commissioner and others. W.P.No.2828/08 M/s Vandana Fuels Pvt.Ltd. Vs. Asstt. Commissioner and others. W.P.No.2829/08 M/s Vandana...
Jitendra Awadhiya Vs. Shri Sukhveer Singh
Court: Madhya Pradesh
Decided on: Jan-08-2013
Contempt Petition No. 1618 Of 2012 8.1.2013 Shri Rakesh Singh, learned counsel for the petitioneRs.Shri Anoop Nair, learned counsel for respondents. Heard. Noncompliance of order dated 19.7.2012 passed in W.P. No. 558/2012 is being complained of and direction is sought for initiating contempt proceeding against the respondents and punish them for willful disobedience of the order. Writ Petition No. 558/2012 was for a direction to the respondents for extension of contract as meter reader in furtherance to the policy dated 6.3.2012. The claim of the petitioners was denied by the respondents on the anvil of the fact that after formulation of policy dated 6.3.2012 the appointment of meter reader on contract basis is to be done only on the requirement of a particular division and were to be filled in by inviting application through advertisement of vacancies as per requir...
Praveen Singh Vs. Employees State Insurance Corpn.
Court: Madhya Pradesh
Decided on: Jan-08-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : JUSTICE J.K.MAHESHWARI MISC. APPEAL NO.3394 OF 200.Praveen Singh Vs. Employees State Insurance Corporation and others Shri Rajneesh Gupta, learned counsel for the appellant. None for th respondent No.1, though represented. None for respondents 2 to 4 though served and represented through Government Advocate. ORDER (08/01/2013) This appeal has been preferred under Section 82 of the ESI Act, 1948 assailing the order dated 27/9/2005 passed by Labour Court, Bhopal which is known as ESI Court in Case No.10/98 ESI Act.2. The Labour Court has rejected the claim to award Rs.1,86,220/- because the appellant has failed to aver and prove the fact that the amount so claimed is based upon which documents and from which date to which date and for what illness.3. Learned counsel for the appellant has referred paras- 6, 7 and 9 of the impugned award and contended that as per the averments of the application as well as the statement of the claimant...
Ramhit Lodhi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-08-2013
W.P.No.3130/2010 8.1.2013 Shri Shivendra Pandey, counsel for petitioner. Shri Vijay Pandey, Dy. A.G., for respondent nos.1 to 3. I.A.No.15161/2012 for handing over original record of the Court of S.D.M.Maihar in case no.472/2008 for examination of the signatures of the corpus Kammu @ Kamlesh Lodhi by the State Handwriting Examiner. This application is filed by the State for handing over the record of the S.D.M.Maihar for the purpose of completion of the investigation as has been directed by this Court by order dated 16.2.2012. It is submitted that for the comparison of the signatures the aforesaid record is required, as there is serious dispute in respect of production of the detenue before the S.D.M.and of his release by the S.D.M.The allegations are that he was never produced before the S.D.M., and some other person was produced before the S.D.M.From the perusal of para 13 of the report of Chief Judicial Magistrate, Satna, it appears that the relevant portion of the record, where all...
Karan Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-08-2013
1 Criminal Rev No.242/2012 HIGH COURT OF MADHYA PRADESH : JABALPUR (SINGLE BENCH : HONBLE SHRI M.A. SIDDIQUI, J.Criminal Rev No.242/2012 Karan Singh& Others APPLICANTS VERSUS The State of Madhya Pradesh RESPONDENT Shri Manish Datt,Sr. Adv with Shri Shashank Upadhyay , Advocate for applicants. Shri Ramesh Kushwaha P.L.. for respondent/State. Shri Satyam Agarwal, Advocate, for complainant. Order Reserved on 13.12.2012 Order Passed on 8 .01.2013 ORDER This criminal revision u/s 397/401 Code of Criminal Procedure,1973 (hereinafter referred to for short 'Cr.P.C.') has been filed in order to quash the order dated 18.01.2012 passed by 3rd Additional Sessions Judge, Tikamgarh in Sessions Trial No.179/2008 (State of M.P. v. Kishori Dimar ) by which invoking the powers u/s 319 Cr.P.C all petitioners have been made accused persons with co-accused person who has already been tried.2. undisputed fact of the case is that Pretiraja (PW 1.lodged report on 9.8.2008at 18.50 with PS Baldeogarh district T...
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