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Apr 25 2003

Ramesh Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Decided on : Apr-25-2003

Subject : Narcotics

Acts : Narcotic Durgs and Psychotropic Substances (Amendment) Act, 2001- Sections 41 and 41(1); Constitution of India - Articles 14, 21 and 226

Reported in : 2004CriLJ62; 2003(4)MPHT78

Advocate for Respondent : S.K. Yadav, Govt. Adv. for Respondent No. 1 and ;R.S. Patel Sr. Standing Counsel for Respondent No. 2

Dipak Misra, J.1. This writ petition preferred under Article 226 of the Constitution of India was instituted at the instance of the petitioner who has been convicted under Section 20(b)(ii) of the Narcotic Drugs & Psychotropic...

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Jul 24 2003

Shyam Narayan Chouksey Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Decided on : Jul-24-2003

Subject : Media and CommunicationConstitution

Acts : Constitution of India - Article 51A; Prevention of Insults to National Honour Act, 1971 - Sections 3; Cinematograph Act, 1952 - Sections 5A

Reported in : AIR2003MP233; 2004(3)MPLJ216

Advocate for Respondent : R.S. Patel, Sr. Standing Counsel, for Nos. 1 and 2, ;Anjali Banerjee, Adv. for No. 3, ;Surendera Singh, Sr. Counsel, for Nos. 4 and 5 and ;S.K. Yadav, Amicus Curiae

Dipak Misra, J.1. In the days of yore it was vocally pronounced with immense emphasis that a drum beat may travel to a maximum limit of four miles but the utterances made by one man, through...

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Mar 30 2005

Than Singh and ors. Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Mar-30-2005

Subject : Constitution

Acts : Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 - Sections 2, 5, 6, 6(2), 6A, 6B, 6C, 7, 11A, 49A, 95 and 95(1); Madhya Pradesh Panchayat Raj (Sanshodhan) Adhiniyam, 2001 - Sections 49; Andhra Pradesh Co-operative Societies Act, 1964; Uttar Pradesh Panchayat Raj Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3, 3(1) and 18; Constitution of India - Articles 14, 15(3), 15(4), 17, 21, 29, 234G, 243, 243A, 243B, 243C, 243D, 243(G), 243H, 323(3A), 327, 329, 332, 333, 334, 371A and 371F; Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code; Madhya Pradesh Gram Sabha (Procedure of Meeting) Rules, 2001 - Rules 3, 4 and 4(1)

Reported in : AIR2005MP170; 2005(2)MPLJ353

Advocate for Respondent : S.K. Yadav, Govt. Adv.

ORDERDipak Misra, J.1. The present reference has arisen in a different factual matrix inasmuch as certain provisions of Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for brevity 'the Act') that were incorporated by way...

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Dec 03 2004

Shamim Ahmad (Dr.) Vs. State of U.P. and anr.

Court : Allahabad

Decided on : Dec-03-2004

Subject : Civil

Acts : Uttar Pradesh Municipalities Act, 1916 - Sections 48 and 48(2A)

Reported in : 2005(1)AWC963; 2005(1)ESC220; (2005)1UPLBEC171

Advocate for Respondent : C.B. Yadav, ;S.K. Yadav, ;V.K. Chandel, ;S.A. Ansari, Advs. and ;S.C.

Tarun Agarwala, J.1. The moot question which arises for consideration in the present writ petition is whether the removal of the petitioner as President of the Nagar Palika Parishad, Mubarakpur, District Azamgarh was in accordance with...

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Feb 26 2004

Smt. Saraswati Pandey Vs. Secretary, State of M.P. and anr.

Court : Madhya Pradesh

Decided on : Feb-26-2004

Subject : ServiceFamily

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 125; Madhya Pradesh Civil Services (Pension) Rules, 1976 - Rules 44(5), 45, 46, 47 and 48(6)

Reported in : 2004(2)MPHT261

Advocate for Respondent : S.K. Yadav, Govt. Adv.

ORDERDipak Misra, J.1.In certain situations in life a person does not envision the disturbing future which ultimately finds its roots embedded in the incidents of the past and struggle begins in the future canvass, sometimes a...

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May 16 2003

Dilip Kumar Goushalawale and ors. Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Decided on : May-16-2003

Subject : CivilProperty

Acts : Land Acquisition Act, 1894 - Sections 48

Reported in : 2003(3)MPHT217; 2003(1)MPLJ504

Advocate for Respondent : S.K. Yadav, Govt. Adv. for Respondent No. 1 and ;R.N. Singh, Sr. Adv. and ;A.P. Singh, Adv. for Respondent No. 2

Dipak Misra, J.1. Invoking the jurisdiction of this Court under Clause 10 of the Letters Patent, the appellants, five in number, have called in question the defensibility of the order dated 31-7-2002 passed by the learned...

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Jun 23 2005

Baijnath Singh Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Jun-23-2005

Subject : Civil

Acts : Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Sections 7, 10, 11, 12, 17 and 18(1); Code of Civil Procedure (CPC) - Order 33; Madhya Pradesh Land Revenue Code, 1959 - Sections 146

Reported in : 2005(4)MPHT132; 2005(3)MPLJ540

Advocate for Respondent : S.K. Yadav, Govt. Adv.

ORDERA.K. Shrivastava, J.1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the pregnability of the Revenue Recovery Certificate (hereinafter referred to as 'RRC') dated 19-8-99...

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Dec 16 2005

Precision Technofab and Engineering Pvt. Ltd. Vs. State of M.P. and or ...

Court : Madhya Pradesh

Decided on : Dec-16-2005

Subject : Constitution

Acts : Madhya Pradesh Uchh-Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam, 1981 - Sections 1, 2 and 2(1); Government of India Act - Sections 107 and 108; Madhya Pradesh High Court Rules - Rules 10, 11 and 12; Madhya Pradesh High Court Orders; Constitution of India - Articles 226 and 227

Reported in : 2006(1)MPHT246; 2004(3)MPLJ541

Advocate for Respondent : S.K. Yadav, Dy. Adv. General for the Respondent Nos. 1 to 5 and ;A.K. De, Adv. for the Respondent No. 6

Dipak Misra, J.1. What would have been a matter of interesting debate as regards expressing an opinion because of the difference between two of our esteemed peers that had emerged relating to grant of State largess...

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Mar 03 2004

Suresh Chandra Pandey Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Mar-03-2004

Subject : Service

Acts : Madhya Pradesh Revision of Pay Rules, 1998 - Rules 10(2) and 11

Reported in : 2005(1)MPHT117; 2004(3)MPLJ316

Advocate for Respondent : S.K. Yadav, Govt. Adv.

ORDERDipak Misra, J.1. The petitioner was appointed as a Lower Division Clerk on 22-8-1964 and was promoted to the post of Upper Division Clerk Grade-II on 27-7-79. He passed the Accountants Training Examination on 30-4-80 and...

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Apr 02 2002

Dr. G.K. Kundlani Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Apr-02-2002

Subject : Service

Acts : Constitution of India - Articles 141 and 227

Reported in : 2002(5)MPHT148; 2002(4)MPLJ451

Advocate for Respondent : S.K. Yadav, Govt. Adv.

ORDERDipak Misra, J.1. Sustainability of the order dated 4-5-1999 passed by the M.P. State Administrative Tribunal, Jabalpur (for short 'the Tribunal') in O.A. No. 1590/98 has been called in question by the petitioner invoking the extraordinary...

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