Court : Madhya Pradesh
Decided on : Aug-11-1999
Reported in : 2000(1)MPHT106
ORDERS.B. Sakrikar, J.1. Unsuccessful applicant, a landlord has directed this Revision under Section 23-E of the M.P. Accommodation Control Act 1961 (for short 'the Act') against the order dated 15-11-96 passed by the Rent Controlling Authority, Indore in Case No. A-90/7/52/86-87 thereby rejecting the application filed by the applicant against the respondent for his eviction from the suit accommodation on the ground of requirement of the said accommodation for establishing the office of his major son, an Advocate.2. This is one more lis between landlord and tenant in which the landlord is contesting his claim for eviction against the tenant since 1985. Period of this enormity is prone to cause frustration in the minds of both the sides. After all, how long legal battle should continue Legal justice should not be allowed to become a teasing illusion or promise of unreality. When litigation goes on and on, it is time that litigants learnt three percepts; 'To live honorably, not to injure...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-11-1999
Reported in : 1999(2)MPLJ489
ORDERS.B. Sakrikar, J.1. UNSUCCESSFUL applicant, a landlord has directed this Revision under Section 23-E of the M. P. Accommodation Control Act, 1961 (for short 'the Act') against the order dated 15-11-1996 passed by the Rent Controlling Authority, Indore in Case No. A-90/7/52/86-87, thereby rejecting the application filed by the applicant against the respondent for his eviction from the suit accommodation on the ground of requirement of the said accommodation for establishing the office of his major son, an Advocate.2. This is one more Us between landlord and tenant in which the landlord is contesting his claim for eviction against the tenant since 1985. Period of this enormity is prone to cause frustration in the minds of both the sides. After all, how long legal battle should continue? Legal justice should not be allowed to become a teasing illusion or promise of unreality. When litigation goes on and on, it is time that litigants learnt three percepts; 'To live honorably, not to i...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-24-1999
Reported in : 1999(2)MPLJ620
ORDERS.P. Khare, J.1.The application of the appellant under Order 22, Rule 9, Civil Procedure Code read with Section 5 of the Limitation Act, 1963 is being decided by this order.2. Respondent No. 1 Kishan died on 27-7-1993 and respondent No. 2 Dayaram died on 8-8-1993 during the pendency of this second appeal. Learned counsel for the other respondents brought it on record by an application submitted on 8-5-1995 regarding the death of the respondents Nos. 1 and 2 on the dates mentioned above. The appellant submitted the application under Order 22, Rule 9, Civil Procedure Code read with Section 5 of the Limitation Act, 1963 on 3-8-1996. Thus there was delay of 15 months from the date it was brought on record the fact of the death of the two respondents. The trial Court also on a direction from this Court recorded a finding in the report dated 30-7-1997 that the appellant had the knowledge of the death of these respondents in the year 1993.3. The appellant amended his original application...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-24-1999
Reported in : 2000(1)MPHT285
ORDERS.P. Khare, J.1. The application of the appellant under Order 22 Rule 9 C.P.C., read with Section 5 of the Limitation Act, 1963 is being decided by this order.2. Respondents No. 1 Kishan died on 27-7-1993 and respondent No. 2 Dayaram died on 8-8-1993 during the pendency of this second appeal. Learned counsel for the other respondents brought it on record by an application submitted on 8-5-1995 regarding the death of the respondents No. 1 and 2 on the dates mentioned above. The appellant submitted the application under Order 22 Rule 9 C.P.C., read with Section 5 of the Limitation Act, 1963 on 3-8-1996. Thus there was delay of 15 months from the date it was brought on record the fact of the death of the two respondents. The trial Court also on a direction from this Court recorded a finding in the report dated 30-7-1997 that the appellant had the knowledge of the death of these respondents in the year 1993.3. The appellant amended his original application under Order 22 Rule 9 C.P.C,...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-1999
Reported in : 2000(1)MPHT200; 2000(2)MPLJ427
ORDERB.A. Khan, J.1. Petitioner, claiming to be a Constitutionalist and a public spirited person, has filed this petition in public interest for quashing grant and payment of pension to Members of Parliament. He has also challenged legislative competence of the Parliament to enact Section 8A of The Salary, Allowances & Pension of Members of Parliament Act, 1954, being ultra vires Articles 14, 21 and 106 of the Constitution and has prayed for its quashment.2. Petitioner's short case is that Constitution did not provide for grant and payment of pension to MPs as was evident from the provisions of Article 106 of the Constitution which contemplated only payment of salaries and allowances to such Members, to be determined by Parliament. Therefore, Parliament was competent only to enact a legislation related to salary and allowances of the Members of Parliament and 'not the pension' because wherever Constitution makers had intended to provide for such grant and payment of pension, it was so ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-09-1999
Reported in : AIR2000MP139; I(2000)DMC453; 2000(1)MPLJ575
S.P. Srivastava, J. 1. This letters patent appeal preferred by the wife is directed against the decree passed by the learned single Judge, whereunder dismissing her first appeal filed under the provisions of the Hindu Marriage Act, the decree of the trial Court allowing the counter-claim of the husband/defendant for dissolution of marriage of the appellant and dismissing her suit for Judicial separation and for recovery of some of the articles but accepting her claim for the grant of maintenance subject to certain conditions, was upheld.2. In the present appeal, the appellant has prayed for the allowing of the appeal and setting aside of the decree passed by the learned single Judge confirming the judgment and decree of the trial Court and has prayed for a decree for judicial separation.3. However, during the pendency of the appeal, the appellant filed an application being I.A. No. 5858/99 on 26-7-1999, wherein she has prayed that the words 'and decree for judicial separation may kindl...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-30-1999
Reported in : I(2000)ACC22
S.P. Srivastava, J.1. Heard the learned Counsel for the appellant. Perused the record.The claimant-appellant feels aggrieved by an award of the Motor Accident Claims Tribunal whereunder as against his claim for a compensation of an amount of Rs. 5,39,000/- on the ground of death of his father in the motor accident, he had been awarded a sum of only Rs. 25,000/- against the owner and the driver exonerating the insurer. He had filed an appeal under Section 173 of the Motor Vehicles Act confining his claim to Rs. 90,000/- only, which was dismissed by the learned Single Judge.2. Being aggrieved the claimant-appellant has now come up in Letters Patent Appeal seeking reversal of the impugned order.3. The learned Single Judge in the impugned order has affirmed the award of the Motor Accident Claims Tribunal determining the amount of compensation at a figure of Rs. 25,000/- recoverable from respondents No. 1 and 2, owner and driver respectively exonerating the insurer, respondent No. 3, from t...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-27-1999
Reported in : 2000(1)MPHT486; 2000(2)MPLJ108
ORDERDipak Misra, J.1. Both the writ applications being interlinked and interconnected were heard analogously and are disposed of by this common order. For the sake of clarity the facts of W.P. No. 4473/99 are adumbrated herein.2. Invoking the extra ordinary jurisdiction of this Court the petitioners, who had prosecuted their studies in Saraswati Shishu Mandir, Raigarh and appeared in the Higher Secondary School Certificate Examination conducted by the Board of Secondary Education, M.P., Bhopal (in short 'the Board') in the month of March, 1999, have approached this Court for issuance of a direction to the Board for revaluation of the answer papers in the subject of Higher Mathematics on the ground that the said answer books have not been properly valued and further to appoint an impartial expert for revaluation.3. It is averred in the writ petition that the petitioners have excelled in other subjects but due to erroneous valuation in the subject of Higher Mathematics they have been aw...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-30-1999
Reported in : I(1999)ACC335; 2001ACJ1525
S.P. Srivastava, J.1. Heard the learned counsel for the appellant. Perused the record.The claimant-appellant feels aggrieved by the award of the Motor Accidents Claims Tribunal whereunder as against his claim for a compensation of an amount of Rs. 5,39,000 on the ground of death of his father in the motor accident, he had been awarded a sum of only Rs. 25,000 against the owner and the driver exonerating the insurer. He had filed an appeal under Section 173 of the Motor Vehicles Act, 1988, confining his claim to Rs. 90,000 only, which was dismissed by the learned single Judge.2. Being aggrieved claimant-appellant has now come up in Letters Patent Appeal seeking reversal of the impugned order.3. The learned single Judge in the impugned order has affirmed the award of the Motor Accidents Claims Tribunal determining the amount of compensation at a figure of Rs. 25,000 recoverable from respondent Nos. 1 and 2, owner and driver respectively exonerating the insurer, respondent No. 3, from the...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-06-1999
Reported in : AIR2000MP101
S.K. Kulshrestha, J.1. This Miscellaneous Appeal has been filed by the Union of India and the General Manager, Central Railway, Bombay, against the judgment dated 28-4-1995 passed by the learned First Additional District Judge, Satna, in Misc. Judicial Case No. 9/93, whereby the learned Addl. District Judge has rejected the objections filed by the appellants and has made the award the rule of the Court and directed a decree to be drawn accordingly. During the pendency of the arbitration proceedings, M.P. No. 1/91 was filed by M/s. Satna Stone and Lime Co. Ltd. and both the cases were, therefore, heard together and are being disposed of by this common order.2. Facts as noticed from the impugned Award dated 22-12-1992 are that the Satna Stone and Lime Company Ltd., Satna, entered into an agreement with the Government of India and General Manager, G.I.P. Railway on 23-3-1897, whereby a siding was provided to the company for clearance of their goods. This agreement was revised from time to...
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