Court : Madhya Pradesh
Reported in : 2007(3)MPHT325; 2007(3)MPLJ154
Subhash Samvatsar, J.1. This judgment shall govern the disposal of above mentioned writ appeals.2. These appeals are filed by the appellant being aggrieved by the order dated 2-2-2000 passed by the learned Single Judge of this Court in W.P. No. 543/1999 and connected petitions. Initially these appeals were registered as LPA No. 39/2000, LPA No. 38/2000, LPA No. 36/2000 and LPA No. 35/2000 but were dismissed by this Court vide order dated 28-8-2006 on the ground that LPA is not maintainable in view of judgment of the Supreme Court in the case of Jamshed N. Guzdar v. State of Maharashtra : AIR2005SC862 . However, the said appeals were again restored and registered as writ appeal after coming into force of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred to 'the Adhiniyam, 2005').3. Brief facts of the case are that the Excise Department had auctioned 19 shops of Group No. 1 including 2 shops of country liquor. The appellant M/s. Rama and Co...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT283
ORDERN.K. Mody, J.1. Being aggrieved by the judgment and decree dated 21-2-2005, passed by District Judge, Ratlam, in Civil Appeal No. 9-B/04, whereby appeal filed by the petitioner against judgment and decree dated 14-5-2004, passed by IInd Civil Judge Class-II, Ratlam, in Civil Suit No. 39-B/2004, which was modified vide judgment and decree dated 28-7-2004, was dismissed, the present revision petition has been filed.2. Short facts of the case are that a suit was filed by the respondent against the petitioners, wherein it was alleged that petitioners purchased fertilizers and seeds from the respondent and agreed to pay a sum of Rs. 5,750/-on 18-5-1999. It was further alleged in the suit that the petitioners further purchased the goods of Rs. 2,520/-, but the amount was not paid, hence the suit was filed.3. The suit was contested by the petitioners on various grounds and it was prayed that the suit be dismissed.4. After framing of the issues and recording the evidence learned Trial Cou...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP148; 2007(4)MPLJ281
A.K. Shrivastava, J.1. This appeal under Section 96 CPC has been filed by appellants who are the legal representatives of original plaintiff Jagannath Prasad Gupta, against the judgment and decree dated 20-7-1995 passed by learned 4th Additional District Judge, Sagar in Civil Suit No. 1-A/90.2. The pedigree of plaintiff as pleaded in Para 1 of the plaint is as under:Baijnath Prasad Gupta died on 24-2-1965___________________________________|______________________________| | | |Ladli Bahu Jagannath Prasad Shambhu Nath Virendranath(wife died son (plaintiff) died died in the year defendantin the year during the pendency 1974 No. 11976 of the suit.Appellants are hisL.Rs.3. The suit has been filed for declaration that the registered sale-deed dated 20-11-1986 which is the half portion of yellow, red, green and without colour shown in the plaint map and which has been sold by defendant No. 1 to defendants 2 and 3 is illegal and ineffective with a further relief that defendants be restrained f...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT168
ORDERAbhay M. Naik, J.1. This petition has been preferred against the order of externment dated 2-8-2006 (Annexure P-2), passed by the learned District Magistrate, Anooppur, as modified by the learned Commissioner Rewa Division in appeal vide order dated 31-10-2006 (Annexure P-1).2. Short facts relevant for the purposes of the petition are that the petitioner is a grain merchant. He was served with the show-cause notice dated 29-6-2006 (Annexure P-3) issued under Sections 8(1) read with Section 5 (a) and 3 (a) of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'Rajya Suraksha Adhiniyam'). In the notice, it was mentioned that the petitioner was involved in criminal activities and was leading a team of criminals engaged in gambling. Such criminal activities were causing financial and mental harassment to the poor population of the area. However, no one was coming forward to make a complaint or for giving evidence on account of terror of the petitioner. Particulars of crim...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ560
A.K. Mishra, J.1. These two appeals are arising out of the same award dated 17.12.1999 passed by Additional Member of the Motor Accidents Claims Tribunal, Sheopur under Section 173 of the Motor Vehicles Act, 1988 in Claim Case No. 3 of 1991.2. Claimants filed this claim petition claiming compensation of Rs. 64,40,000 on account of death of Naresh Kumar in an accident on 10.6.1991 when he was travelling in a jeep No. RNO 6062 which was owned and driven by Man Mohan in a negligent manner due to that it turned turtle. Naresh Kumar died on the spot and others sustained injuries. An F.I.R. was lodged and offence was registered against Man Mohan under Sections 304A, 279 and 337 of Indian Penal Code.3. It was claimed that 14 bighas of agricultural land had fallen in the share of deceased in family partition. The family owned 28 bighas of the land that used to be looked after by the deceased. Annual loss was assessed at Rs. 1,70,000. Man Mohan died during the pendency of the claim petition. Hi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2007(113)FLR407]; (2007)IILLJ1012MP
ORDERS.R. Waghmare, J.1. By this petition, the petitioners have challenged the order dated September 22, 2001 (Annexure P/1), passed by respondent No. 2/Controlling Authority directing payment with interest @ 10% as well as the order of Appellate Authority dated December 29, 2002 dismissing the appeal vide Annexure P/2.2. Brief facts of the case are that respondent No. 1 J.L. Kashyap was superannuated from the post of Head Assistant by order dated. November 17, 1994. Respondent No. 1 J.L. Kashyap was working with the petitioners' Institution, M.P State Co-operative Union Limited and carrying on the activity of printing literature as well as running training schools to educate the persorts in all cooperative-movements. The petitioner/ society alleged that on superannuation proper gratuity was paid to him despite which he filed the case before the Controlling Authority claiming that since the gratuity was not paid in time, he was entitled to interest.3. Raising an objection that the Paym...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(1)MPLJ429
Arun Mishra, J.1. This appeal has been preferred by the defendant aggrieved by reversal of judgment and decree passed by Trial Court. The Trial Court has dismissed the suit filed by the plaintiff/respondent for bonafide requirement of starting of the business by Manoj Jain based on 12(1)(f) of M.P. Accommodation Control Act (hereinafter referred to as 'Act'). The Appellate Court has found that the plaintiffs required the suit accommodation bonafide for starting of the business by Manoj Kumar Jain. The alternative accommodation pointed out by the defendant cannot be said to be reasonable suitable alternative accommodation for that purpose.2. Plaintiffs Rupa Bai and Manoj Kumar Jain came to the Court averring that house was owned by Rupa Devi situated at Ganj Gate, Sadar Bazar, Murar, District Gwalior having Municipal No. 133/34. The defendant was in occupation of the disputed shop @ of Rs. 300/- per month. Same was required bonafide by the plaintiff for business of electricity goods by ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ493
P.K. Jaiswal, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short 'the Act') has been filed by the appellants-claimants who are father, mother, wife, sons and daughter of deceased Raj Narayan Vishwakarma, challenging the award dated 29.3.2000 passed by the Third Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 39 of 1993.2. Brief facts of the case are that on 8.6.1993 Raj Narayan Vishwakarma, driver of the mini truck bearing registration No. MP 04-D 0072 owned by Surendra Singh Rathore, the respondent No. 4 and insured by the respondent No. 5 had loaded a consignment of liquor from K.C.T. Drinks Pvt. Ltd. at Bhopal and left for Gwalior for delivering the same at Gwalior (along with Gopal Giri, employee of liquor company). On 9.6.1993 at about 11 a.m. when the said mini truck was 15 km away from Gwalior near brick kiln situated at Neemuch Dhaba on A.B. Road, at that time the truck driver Raj Narayan Vishwakarma was driving the truck very slowly...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(2)MPLJ74
ORDERDeepak Verma, J.1. This order shall also govern disposal of M.Cr.C. No. 10497/2005 (Shankar Mihani and Ors. v. State of M.P.) and M.Cr.C. No. 10538/2005 (Jitendra Bhawsar and Ors. v. State of M.P.) as common question of law as to applicability of the provisions of Chapter VII-A of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is involved in all the aforesaid petitions.2. The Station House Officer, Police Station, Itarsi, moved applications before Judicial Magistrate First Class, Itarsi for initiating proceedings against the petitioners under Chapter VII-A of the Code and to pass appropriate orders for attachment and forfeiture of the properties which could be identified to have been derived from or used in commission of offence and out of their criminal activities. According to police, petitioners were involved in criminal activities since long and had accumulated huge wealth derived directly or indirectly by or such criminal and unlawful activities. Accor...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ403
ORDERRajendra Menon, J.1. Challenge in this petition under Article 226 and 227 of the Constitution is made to orders annexures P/1, P/2, P/3 and P/4 respectively. Annexure P/1 is a order dated 11.10.05 by which governing body of the petitioner's society has been superseded and a new adhoc committee appointed. Annexure P/2 is the show cause notice dated 16.1.04 issued to the petitioner's society under Section 33 of the M.P. Society Registrikaran Adhiniyam, 1973. Annexure P/3 is the order dated 13.10.05 by which members who have been nominated vide order annexure P/1 dated 11.10.05 have been intimated to take over charge and the order annexure P/4 dated 13.10.05 is a letter sent by the Secretary of the nominated body to the Bank to stay operation of the bank accounts.2. Maharaja Jiwaji Rao Education Society is a society registered under the provisions of M.P. Society Registrikaran Adhiniyam, 1973 (herein after referred to as the Adhiniyam of 1973') vide registration certificate annexure ...
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