Court : Madhya Pradesh Jabalpur
1. Being aggrieved by the Judgment and decree dated 31.7.1995 in Civil Suit No. 85-A of 1995 passed by 9th Additional District Judge, Jabalpur by which the plaintiffs have been declared to be the owners of the house in dispute and defendants have been directed to pay mesne profits of Rs. 2,200/- per month to plaintiffs, defendants No. 1 and 3 to 13 have preferred this appeal under Section 96 of the Code of Civil Procedure.2. It is not in dispute that Dwarkadas Bhatia was the owner of House situated at Lordganj, Jabalpur. The plaintiffs are his heirs. It was a big house. It is not disputed that house of Dwarkadas Bhatia was auctioned in two parts; one part in Civil Suit No. 39-B/48, which was purchased by Gyanchand on 27.6.1951, sale was confirmed on 18.10.1951 and thereafter, sale certificate was issued on 16.1.1952 by First Civil Judge Class II, Jabalpur. Second part of the house was auctioned on 16.11.1953, sale was confirmed on 24.3.1954 and thereafter sale certificate was issued in...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
(1) This order shall govern in all the above referred link cases.(2) Petitioners have prayed to quash the entire proceedings in Criminal Case No. 2021/2003 pending before the Judicial Magistrate Ist Class, Burhanpur, arising out of Crime No. 120/2000 registered by PS-City Kotwali, District-Burhanpur.(3). It is an admitted fact that Subrato Roy ( petitioner in M.Cr.C.No. 9421/2007) was posted as Incharge-Chief Engineer at Bhopal, Ram Kumar Maitra (petitioner in M.Cr.C.No.9424/2007) was also posted as Chief Engineer, Bhopal. V.K.Vaishnav (petitioner in M.Cr.C.No. 11602/07) was Executive Engineer at Regional Office, Indore, Harish Bagwaiya (petitioner in M.Cr.C.7672/08) was Assistant Engineer at Regional Office, Indore, and N.K. Jain (petitioner in M.Cr.C.No.11603/07) was Secretary of the Mandi Samiti, Burhanpur at the time of alleged incident.(4) The instant matters arise out of Resolution dated 1.10.96 passed by Krishi Upaj Mandi Samiti, Burhanpur. The Mandi Samiti resolved to construct...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1- Petitioner, who has retired from the post of Deputy Chief Executive Officer, has filed this writ petition challenging the order-dated 8.1.2010 (Annexure P/10) by which refixation of pay has been ordered and certain benefits of pay fixation earlier granted on promotion to the post of Dy. Chief Executive Officer, are withdrawn and recovery ordered.2- Facts indicate that petitioner was initially appointed as LDC on 1.9.1968 in Municipal Council, Pipariya, where he worked upto 1982. In the meanwhile, in the year 1976 when Special Area Development Authority (hereinafter referred to as 'SADA'), Pachmarhi was constituted, the limit of this authority was extended to the area coming under Municipal Council Pipariya. Accordingly on the basis of the application submitted, petitioner's services were absorbed in SADA, Pachmarhi and petitioner was transferred to SADA, Pachmarhi in the capacity of Head Clerk. This fact is not in dispute. Vide order-dated 24.12.1982 Annexure P/1, two posts of Deput...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. By means of this public interest litigation, a Non-government organization, namely 'Narmada Bachao Aandolan' seeks to highlight the plight of land oustees, majority of whom, belong to weaker section of the society. The aforesaid land oustees are being uprooted for construction of Upper Beda Dam on river Beda, a tributary of holy river Narmada which is also known as 'Reva' in central India and is the fifth largest river in the Indian subcontinent. It is worth mentioning that Narmada River has huge water potential and has 41,000 m. cum of average annual flow. In order to utilize the water potential of the river Narmada and to provide the water for drinking as well as irrigation purposes to areas which face the problem of water scarcity, several dams and canals have been constructed on river Narmada and on its tributaries; one of them is Upper Beda dam with which we are concerned in the case in hand.2. The petitioner claims to be an organization of the oustees working for last twenty y...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. The appellant/defendant has directed this appeal under Section 100 of the CPC being aggrieved by the judgment and decree dated 16.4.2010 passed by Ist Additional District Judge Harda, in regular civil appeal No.1-A/2010 whereby, upholding the judgment and decree dated 19.7.06 passed by II Civil Judge Class-II Harda in original civil suit No. 417-A/2004, decreeing the suit of the respondents against him for eviction under the provisions of Transfer of Property Act, his appeal has been dismissed.2. It is undisputed legal position that the provisions of M.P. Accommodation Control Act, 1961 are not made applicable to town Timarni, District Harda where the disputed premises is situated.3. The facts giving rise to this appeal in short are that one Madhusudan Agarwal, the father of respondent No.1 to 4, being deaf and dumb person, aged about 80 years, filed the impugned suit for eviction against the appellant through his son and general power of attorney holder, Lavkush Agarwal, contending...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This appeal is directed on behalf of the appellant defendant under Section 100 of CPC being aggrieved by the judgment and decree dated 28.7.06 passed by Ist Additional District Judge, to the court of Ist Additional District Judge, Satna in Civil Regular Appeal No. 10-A/06 dismissing his appeal by affirming the judgment and decree dated 6.1.03 passed by IInd Civil Judge, Class-II, Satna in Civil Original Suit No. 289-A/99 decreeing the suit of the respondent against him for eviction on the ground enumerated under Section 12 (1) (a), 12 (1) (b), 12 (1) ( c) and 12 (1) (f) of the M.P. Accommodation Control Act 1961, in short "The Act".2. Facts giving rise to this appeal in short are that the predecessor in title of the respondent herein namely Mahadai, wife of Laxmi Chand Safadiya filed a suit for eviction against the appellant with respect of the premises situated at house no. 849/5 in ward no. 15 of Subhash Chowk, Satna contending that the appellant being her monthly tenant @ Rs.300/...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. By means of this petition filed as public interest litigation the petitioners have challenged the action of the respondents No.1, 3 and 4 acquiring the business of the respondent No.2 under Section 35 of the State Bank of India Act, 1955 [hereinafter referred to as `the 1955 Act'] after declaring Sub-Section (13) of Section 35 of the 1955 Act as partially ultra vires and further have prayed for staying the proceedings pertaining to acquisition of the State Bank of Indore by the State Bank of India under the aforesaid provision vide letter dated 20-6-2009, Annexure-P/1.2. Admitted facts for adjudication of the issues involved in this petition which lie in a narrow compass, are that the respondent No.2 which initially was Bank of Indore Limited was subsequently under the provisions contained in the State Bank of India (Subsidiary Banks) Act, 1959 [for brevity `the 1959 Act'] which came into force with effect from 10-9-1959, was constituted as a new bank, i.e., State Bank of Indore und...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. As common questions of law and facts arise for consideration in the instant writ petitions and as agreed to by the learned counsel for the parties, the writ petitions were heard analogously and are being decided by this common order.2. For the sake of convenience W.P.No.4856/2006 is taken as a leading case and its facts are being referred to. The petitioners of the said writ petition are registered trade unions of Security Paper Mills, Hoshangabad (hereinafter referred to as 'the SPM'). The SPM was set up in the year 1967 by the Union of India and has workforce of more than 2000 employees. It is under the administrative control of Ministry of Finance, Union of India. There are nine industrial units of the Government of India for minting coins and printing currency notes, namely, (i) India Government Mint, Noida, (ii) India Government Mint, Kolkata, (iii) India Government Mint, Hyderabad, (iv) India Government Mint, Mumbai, (v) Security Paper Mill, Hoshangabad, (vi) Bank Note Press, ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Petitioner by way of present petition filed under Article 227 of the Constitution of India calls in question the legal tenability of the order dated 12.5.2010 passed by Civil Judge, Class I, Maihar, District Satna in Civil Suit No. 6A/2007; whereby application preferred by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure seeking replacement of the entire written statement filed by him was rejected.2. The petitioner is defendant No. 2 in a suit filed by respondent No. 1/plaintiff. The suit is for declaration and for permanent injunction in respect of suit property which is a house situated in Ward No. 12, Satna Road over a land bearing number 14/4/4 admeasuring 30 x 58 = 1740 sq.ft.3. On being noticed in the suit, petitioner/defendant No. 2 entered his appearance through one Counsel Shri Arjun Singh and filed the written statement duly verified by him. The said written statement contained signature of the petitioner on each page of it. Thereafter, the Trial Court f...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This first appeal has been preferred by the appellant against the judgment and decree dated 11/12/2001 passed in Hindu Marriage Case No.19A/1998 by the Second Additional District Judge, Hoshangabad by which the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act, 1955') was dismissed.2. It is admitted that the marriage of the appellant and the respondent took place on 16/2/1997 at Itarsi. They lived at Itarsi for two months after their marriage. Thereafter the respondent visited to the appellant's house in the month of April, 1997 after her short stay of few days at her parents' house. In her second visit she lived upto July, 1997.3. The appellant has filed an application under Section 13 of the Act, 1955 before the trial Court on the ground that, in July, 1997 the respondent left the house of the appellant to perform the ceremony of Raksha Bandhan and thereafter she did not come back. Her behaviour with the appell...
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