Court : Madhya Pradesh Jabalpur
..... . so far the concurrent findings of the courts below holding the appellant to be defaulter in payment of outstanding rent and also the recurring rent and, in such premises, the decree under section 12(1)(a) of the act is concerned, firstly such concurrent finding are based on appreciation of the evidence and the same does not appear to be perverse and, secondly, in view of the law laid down by the apex court in the matter of ..... . hence, it is directed that on depositing the entire decreetal sum including the arrears of the rent, if any, and on furnishing appropriate surety to the satisfaction of the trial court within thirty days from today along with an undertaking that the appellant shall vacate the disputed premises and hand-over its peaceful possession to the ..... is established between the parties, the appellant had a right to deny the derivative title of the respondents and, such denial could not be termed to be the disclaimer of the title under section 116 of the evidence act and the same could not be a ground for eviction under section 12(1)(c) of the act and prayed for admission of this appeal on the proposed substantial questions of law stated in the appeal memo.8. ..... in reply of the notice or in the written statement and, on appreciation of the evidence such fact is found to be proved, then the the suit of the landlords, on the ground of disclaimer of the landlord's title under section 12(1)(c ) of the act, deserves to be decreed as laid down by the apex court majoti subbarao v .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... hence, it is directed that on depositing the entire decreetal sum including the arrears of the rent, if any, and on furnishing appropriate surety to the satisfaction of the trial court within thirty days from today along with an undertaking that the appellants shall vacate the disputed premises and hand-over its peaceful possession to the decree ..... , their evidence was recorded, on appreciation of the same, the trial court by dismissing the counter claim of the appellants decreed the suit of the respondents for eviction on the grounds enumerated under section 12(1)(a) and (c )of the act, on which, the appellants filed the appeal challenging the aforesaid decree. ..... he also said that the appellants have not committed any act contrary to the title or the interest of the respondents/plaintiffs. ..... while the decree of the trial court given under section 12(1)(a) of the act has been set aside by the appellate court.2. ..... accommodation control act, 1961 and dismissing the counter claim of the appellants for damages. ..... with these pleadings, the suit for eviction on the ground available under section 12(1)(a) and (c ) of the act is filed.6. ..... of the respondents with respect of the disputed property and thereby caused substantial injury to their vested rights in the same, passed the impugned decree on the ground of nuisance the disclaimer of title under section 12(1)(c ) of the act.12. ..... as such they were estopped to challenge the same under section 116 of the evidence act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... hence, it is directed that on depositing the entire decreetal sum including the arrears of the rent, if any, and on furnishing appropriate surety to the satisfaction of the trial court within thirty days from today along with an undertaking that the appellants shall vacate the disputed premises and hand- over its peaceful possession to the decree ..... accommodation control act, 1961 (in short 'the act'), has been decreed against the appellants.2. ..... it is apparent from the record that on appreciation of evidence that courts below concurrently decreed the suit of respondents against the appellants on the ground of bonafide genuine requirement under section 12 (1)(f) of the act. ..... , the courts below ought to have dismissed the suit but under wrong appreciation of the evidence, the decree of eviction has been passed against them on the ground of bonafide genuine requirement under section 12(1)(f) of the act. ..... with these averments, the suit for eviction is filed on the grounds available under section 12 (1)(f) of the act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... court or the tribunal, the employer is required to comply with the award and if the award is of reinstatement, the employee or the workman is entitled to be reinstated in service, in lieu of reinstatement as a matter of advantage to workman the legislature thought it appropriate to give them some subsistence allowance and it was for this reason that section 17-b was incorporated in the act, vide amending act no.46 of 1982. ..... it has been held by the supreme court in the aforesaid case that what is paid to the workman by virtue of section 17-b is in the nature of 'subsistence allowance' that is payable under section 10-a of the industrial employment (standing orders) act, 1946 and this allowance is neither refundable nor recoverable irrespective of the result of the enquiry. ..... after adopting the analogy contained in section 10-a of the industrial employment (standing orders) act, 1946, it has been held that the provisions of section 17-b does not encroach upon the powers of the high court or the supreme court under article 226 and 136 of the constitution and finally in paragraph ..... , the writ petition was heard and by holding that the applicant's establishment is not an 'industry' and, therefore, the industrial disputes act is not applicable, award was set aside and the petition allowed. ..... advocate general, i find the application to be wholly misconceived.4- section 17-b of the act has been incorporated for payment of 'last wages drawn' to the workman pending a proceeding in the higher .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... pandey reported in air 2004 supreme court page 2579 that the procedure prescribed either under the code of criminal procedure or under the evidence act is not attracted to the proceedings initiated under section 15 of the contempt of courts act and high court can deal with such matters summarily and adopt its own procedure; the only caution that has to be observed by the court in exercising this ..... (c) "criminal contempt" means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which- (d) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or(iii) interferes or tends to ..... thumping on the bonnet of the car of the lady judicial officer by the contemner/respondent per se indicates that the contemner/respondent acted in a rage of police power, forgetting all courtesy and humility to be observed with the public and that too with a ..... that her car was also having an amber light and a plate of 'nyayadhish', yet it appears, that in a thrust of police power, the contemner/respondent acted in a rash manner and began preparing challan of the vehicle without there being any fault on the part of the judge or her driver. ..... on the other hand, we find it appropriate that contemner should be punished with simple imprisonment for fifteen days for .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... on 21.8.07, there is no illegality in the matter and the petitions are liable to be dismissed.8- i have heard learned counsel for the parties and perused the records.9- before adverting to consider the rival submissions, it is thought appropriate to take note of the preliminary objection of shri puneet shroti with regard to clubbing together of both the appeals and deciding them by a common order, passed by the commissioner. ..... far as the ground raised by the petitioners with regard to non-applicability of the principles laid down in the case of akhilesh jain (supra), is concerned, a perusal of annexure p/12 and the order- dated 7.7.2008 passed by the learned bench of this court in the said writ petition indicates that appointment to the post of panchayat karmi was initiated by gram panchayat bandri and by resolution passed on 22.8.2007, one shri akhilesh jain ..... pratibha yadav in these petitions.3- shri puneet shroti, learned counsel for the petitioner in w.p.no.10886/2008, emphasized that the subject matter of both the appeals were different and, therefore, the commissioner committed error in clubbing together both the appeals ..... on record, on a perusal of the original records produced by shri rajesh tiwari, learned counsel for the state, indicates that in pursuance to the policy of the state government dated 19.7.2007, available in the record of w.p.no.10886/2008 as annexure p/3, the collector concerned issued instructions to the gram panchayat for appointment of a panchayat karmi. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... is clear that accused raju alias rajesh could not assault the injured vilas with only one arm and no injury was found on the body of injured vilas, therefore, no overt-act of raju alias rajesh is proved beyond reasonable doubt by which it could be said that he assaulted the injured vilas or he had any common intention with accused samarjeet. ..... similarly, the accused salman khan has not committed the offence punishable under section 307 of ipc, and looking to his overt-act, he can be convicted for commission of offence under section 323 of ipc only, therefore his sentence should be assessed afresh, hence his sentence cannot be enhanced as prayed by learned counsel ..... however, it seems appropriate that fine imposed by the court below ..... counsel for the state has argued in his appeal under section 377 cr.p.c that the acts of accused arman khan and salman khan are grave, and therefore, their sentences be ..... with the help of nature of injuries and the act of accused samarjeet, it can be said that he intended to cause death of injured vilas, and therefore, he was guilty for commission of offence under section ..... the contention of the appellants (accused) regarding their act as argued by learned counsel for the appellants cannot be ..... light of above discussion, the criminal appeal no.422/2008 preferred by the state is dismissed. ..... arman khan and raju @ rajesh cannot be convicted for any offence, therefore, the criminal appeal no.56/2008 in regard to them is hereby allowed. ..... appeal no.56/2008 is partly .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... was kept under consideration before various departments and finally when it was taken up for consideration on 20.12.2005, it was found that the petitioner does not fulfil the requisite qualification, he does not have the appropriate certificate of passing the computer technology examination from a recognized university, the certificates produced by him is not recognized, therefore, his claim was rejected by saying that after seven years of his father's death he is not entitled .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... 4- by filing a rejoinder i.a.no.10096/2008, petitioner refuted and denies submission of the so-called letter on 10.12.98 and points out that he has never objected to joining and places reliance on his various representations and the communication annexure p/6. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... to command the respondents to comply with the directions of the hon'ble supreme court and this hon'ble court while issuing appropriate guidelines for conducting the students union election in the state of m.p in all colleges and universities.iii. ..... to appreciate the rival contentions of the parties, it will be appropriate if the contempt petition is dealt with at the first instance.13. ..... thereafter the semester system was introduced in the colleges and universities from academic sessions 2008-09 and, therefore, the constitution of students union could not be made by election but it was done by nomination.9. ..... it is also stated by the petitioner that in w.p.no.9657 of 2008 (akhil bhartiya vidhyarthi parishad v. ..... the state is directed to act upon the statement made before this court. ..... then it would be 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11. ..... state of m.p and others (wp no.9657/2008).ii. ..... in cp 1200/2010 a prayer is made to punish the respondents for non implementation of the directions of the apex court in aforesaid slp and also directions issued by this court in wp no.9657/2008. ..... petition no.14174/2010(pil), the petitioner is seeking a writ of mandamus to enforce directions issued by the apex court in the case of university of kerala vs council, principals, colleges, kerala and others slp no.24295/2004 and in w.p.no.9657/2008. .....
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