Court : Madhya Pradesh
Reported in : AIR1992MP258
T.N. Singh, J. Yesterday Shri Lokendra Gupta was not before me. He is in this appeal respondent No. 2 and today he has argued his own case. Yesterday I heard Shri R. D. Jain, appearing for respondent No. 1, who fought valiently a lost cause. It was Yesterday itself that I told him about Gaurishankar, AIR 1927 PC 246, star which shines on Indian Judicial firmament. The Hon'ble Supreme Court has not overruled that and has, on the other hand, reinforced that law --embodying a very fundamental principle of Hindu Law. 2. Today Shri J. P. Gupta who apears for the appellants, has tried to improve upon the performance of counsel of the appeal to which reference I had made in yesterday's order. In Vasudco v. Tikaram (F. As. Nos. 25/84 and 8/91 decided on 5-8-1991), as noted yesterday in this matter, I applied Gaurishankar (supra) and ordered retrial of the suit framing a specific issue, heeding the clear, unambiguous and clarion call of Gaurishankar (supra). On factual aspects, this appeal asse...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP187
T.C. Shrivastava, J. 1. The respondent Kishanlal had filed an application against the appellant Rukmanibai for divorce under Section 15 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') in the Court of District Judge Indore. During the pendency of the proceedings, the appellant Rukmanibai filed an application under Section 24 of the Act for maintenance pendente lite and necessary expenses of the proceedings. This application was rejected by the Additional District Judge, Indore, on 29-8-1957 on the ground that the advantage of Section 24 of the Act is available only to a petitioner in the main proceedings. Hence this appeal.2. Shri Pande for the respondent has raised a preliminary objection to the maintainability of the present appeal. He contends that under Section 28 of the Act, an appeal against an order rejecting an application under Section 24 is not tenable inasmuch as an appeal lies according to his interpretation of the section, against only those orders wh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)IILLJ416MP
ORDERT.N. Singh.J1. Dedicated to the hallowed memory of the legendary heroine of the First War of Independence, Maharani Laxmibai, is the National College of Physical Education at Gwalior, popularly called LNCPE. Established by the Union Ministry of Education and Culture., its management currently vests in the Sports Authority of India, successor to the erswthile Society for the National Institute of Physical Education and Sports, shortly, SNIPES.2. From what has come on record, it is established that the petitioner was working as Resident Audit Officer at the Bhilai Steel Plant in the year 1985 when he appeared at an interview held on 14th April 1985 for the post of Administrative Officer at LNCPE, Gwalior. From Annexure R/1 it is disclosed that he was selected and was offered appointment in the said post, said to be a 'permanent post', on the following, among other, terms and conditions:'4. You will be on probation for a period of two years from the date of your joining and during wh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT441; 2002(2)MPLJ125
ORDERA.M. Sapre, J. 1. The question involved in this writ is a short one. The question is whether respondent No. 4 was qualified to bid for the dealership of Bharal Petroleum Corporation for commodity popularly known as LPG or in other words, whether respondent No. 4 was eligible for being considered for the dealership of Bharat Petroleum Corporation for LPG The question arises on following facts on which the petitioner has sought this relief in this writ under Articles 226 and 227 of the Constitution of India. 2. The respondent No. 1 is a Government of India undertaking. By advertisement published in News Paper dated 21-8-2000 (Annexure A), the respondent No. 1 invited application from candidates for grant of dealership of distribution of LPG cylinders for several districts in State of M.P. One such district was Shajapur. The respondent No. 1 had prescribed several conditions as an eligibility criteria for applying for the said dealership. In other words, candidates fulfilling the pre...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991CriLJ840
ORDERR.C. Lahoti, J.1. The accused/petitioner is aggrieved by an order of the Committing Court requiring him to appear before the Court as an accused person though he was not so sent up by the Police. The order having been confirmed in revision by the Sessions Court, the petitioner has invoked the jurisdiction of this Court Under Section 482 of the Code of Criminal Procedure, 1973.2. Police Station Dinara filed a Challan Under Sections 307/149, 147 and 148 of the Penal Code against five accused persons, excluding the petitioner. Before the Committing Court the complainant Kishori moved an application on 16-11-1987 stating that in the first information report and the statements recorded during the course of investigation, the accused/petitioner was' specifically named as one of the assailants, associated with overt acts towards himself and his wife resulting into injuries to both of them still the police had obliged the petitioner by leaving him out of the array of the accused persons a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP190; 2002(4)MPHT343; 2002(4)MPLJ354
ORDERS.P. Khare, J.1. This is a revision by the plaintiffs under Section 115, CPC against the order by which their appeal under Order 43 Rule 1 (r), CPC challenging the order of the rejection of their application for temporary injunction under Order 39 Rules 1 and 2, CPC filed in the suit, has been dismissed.2. A preliminary objection has been raised on behalf of the respondent No. 3 that the present revision is not maintainable in view of the proviso to Section 115(1), CPC. Reliance is placed by him on the decision of this Court in Sawal Singh v. Smt. Ramsakhi, 2002(4) M.P.H.T. 200 = 2002 (II) MPJR 169. This objection has been raised in several other revision petitions pending before this Court. Therefore, arguments were heard at length. Sarvashri Ravish Agrawal, Sr. Advocate, R.P. Agrawal, Sr. Advocate, R.P. Jain, R.S. Tiwari, P.D. Tiwari, Alok Aradhe and Ajay Mishra, Advocates have also addressed this Court on this point.3. The proviso to Section 115(1), CPC reads as under:--'Provid...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(2)MPHT472
N.K. Mody, J. 1. Being aggrieved by judgment and decree dated 25-10-83 passed by Additional District Judge, Jhabua in Civil Suit No. 3-B/1981, whereby the suit filed by the appellants for compensation was dismissed, the present appeal has been filed.2. Short facts of the case are that the appellants who were minors filed a suit against the respondents for realization of a sum of Rs. 1,50,000/- on 17-6-77 alleging that deceased Maltidevi Gidwani was the mother of the appellants and was working in the office of Animal Husbandry, Jhabua as Accountant. The salary of the deceased Maltidevi was Rs. 373/- per month. It was alleged that on 19-7-1976 Smt. Maltidevi Gidwani was hospitalized at District Hospital, Jhabua where she delivered a son Laxman. It was alleged that after the delivery Maltidevi was pressurized by respondent Nos. 5 to 7 for T.T. operation and upon her denying the deceased and her husband were threatened that the deceased and her husband shall be terminated from their job an...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT460; 2002(3)MPLJ163
ORDERJ.G. Chitre, J.1. The petitioner assails the order of appointment of respondent No. 3 as 'Producer' as employee of Devi Ahilya Vishva Vidhyalaya, R.N.T Marg, Indore, (hereinafter referred to as 'University' for convenience). Mainly the said appointment has been assailed on two grounds.- (i) that improper and suspicious practice has been followed by respondent Nos. 1 and 2 for appointing respondent No. 3 on contract basis for a period of 90 days and the said appointment-assignment was continued for a period of three years by renewing such contractual relations (ii) that the respondent No. 3 did not hold the necessary qualifications which are required for even appointing a lecturer on temporary/ad hoc basis.2. Respondent Nos. 1 and 2 justified the orders passed in context with such contractual appointment of respondent No. 3 on occasions or for said period of three years. Mainly it was contended that the appointment on contractual basis or otherwise of respondent No. 3 cannot be cat...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT662
ORDERDipak Misra, J.1. In this writ petition the petitioner, an ex-service man, has called in question the pregnability of the order passed by the State Government fixing the premium in respect of the land allotted in his favour.2. The facts as have been unfurled are that the petitioner was recruited in the Indian Army as Telecom Technician in the Corps of Signals in the year 1970. He was deployed with his unit to combat 1971 Indo Pak war and had also spent considerable time on posting in field area on the territorial line of Indo Tibet Border. While serving in Indo Tibet Border he suffered severe fatal injury during Sugar Sector Operations and after sustained treatment he was declared medically unfit and was recorded as a disabled person. It is pleaded in the petition that he has been receiving regular pension as well as disability pension under the Indian Army Act and Rules framed thereunder. As averred in the writ petition the State Government issued a circular No. 2069-680-Aa-72 da...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP206; 1999(2)MPLJ409
Dipak Misra, J. 1. Life without education is sans 'clan vital', a body without a soul, eyes without sight, ear without power to hear and mind without sensibility.In the case of Sitam Seshanka v. Principal, College Pharmaceutical Science, AIR 1997 Orissa 62 the Court while dealing with the role of a 'Gum' as a teacher, observed as under:--'Shastras' put the 'Guru' on a pedestal making him equivalent to God and treat him as one who enlightens, illumines, guides, paves the path of light, unfolds the bright horizon amidst the encircling gloom, expands his sura enigmatically reaching the true follower, and he is also the one who transfer his sense of originality, duty of accountability and progressive creativity to the duti bus disciple leaving his lively footprints on the sands of time. In turn, the disciple follows him with reverence, acts in veneration and obeys with obeisance.'We have delved into the role of a 'Guni' because of what we are going to state later on.2. The moot question th...
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