Madhya Pradesh Court March 1992 Judgments
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Arjun Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1992
Reported in: 1992(0)MPLJ693
ORDERD.M. Dharamadhikari, J.1. The petitioner is a prominent leader of the Congress party in India. He was twice Chief Minister of the State of Madhya Pradesh. For some period, he was Governor of the State of Punjab. He is presently a cabinet minister in the Central Cabinet.2. The petitioner by this petition under Article 226 of the Constitution of India seeks quashing of the notification published in the Madhya Pradesh Rajpatra dated 29-3-1990, whereby the scope of enquiry pending before Hon'ble Shri Justice S. T. Ramalingam, Judge of the Madras High Court has been enlarged by adding three more terms of reference for enquiry by him.3. A few important events will have to be kept in mind while deciding the present controversy. Shri Kailash Joshi, who was the leader of the opposition in Madhya Pradesh Legislative Assembly on 18-10-1987 filed a writ petition in the High Court of Madhya Pradesh, being Misc. Petition No. 3909 of 1987, seeking appropriate directions from the Court in the mat...
Neo Sack Limited Vs. Collector of Central Excise and Customs
Court: Madhya Pradesh
Decided on: Mar-04-1992
Reported in: 1992(61)ELT433(MP)
ORDER1. This petition is directed against the show cause notice dated 9-11-1989 (Annexure-2) issued by the respondent Department to the petitioner, whereby a demand has been made as per the classification existing at the time of the notice according to the Department. The petitioner being aggrieved by the aforesaid notice has approached this Court stating therein that this Court in M.P. No. 1205 of 1988 has decided the dispute about the classification and the order dated 7-11-1989 is very clear on the point as to under what category the product of the petitioner falls. Therefore, the Department should have followed the order of this Court and the classification of the goods should have been made in accordance with the direction of this Court.2. The Department aggrieved by the order of this Court has filed Special Leave Petition before the Supreme Court which is pending, but no stay order has been granted staying the operation of the order of this Court and even the petition has not bee...
ikram Ahmed Vs. R.T.A. Sagar
Court: Madhya Pradesh
Decided on: Mar-04-1992
Reported in: II(1992)ACC453
S.K. Chawla, J.1. The petitioner, who is bus operator, challenges the validity of model condition attached to his regular stage carriage permit.2. The petitioner, alongwith some other applicants, was granted regular stage carriage permit over route Tikamgarh-Nowgaon Via Dhajarai, Baldeogarh, Khargapur, Palera, Kasoli, which is 91 kms. in length, vide order dated 19.4.91 by R.T.A. Sagar (Annexure 'A'). The R.T.A. in the said order imposed model condition that the permit holder shall operate the route by 1990 or a later model. It is this condition relating to model of the vehicle which is challenged in this writ petition. It is also averred that the petitioner has no alternative remedy since the Presiding Officer of S.T.A.T. has retired and the post is still lying vacant.3. The main contention raised on behalf of the petitioner is that he has 1980 model bus by which he intends to operate the permit in question. The said bus is covered by fitness certificate. As such, imposition of model ...
Anurag Mishra Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-03-1992
Reported in: AIR1992MP271
Dr. T.N. Singh, J.1. By a hair-breadthmargin his academic leap is declared foul. Petitioner complains, that is arbitrarily done. In the last Pre-Medical Test, 1991, organised by Professional Examination Board, Madhya Pradesh, the petitioner appeared at the Gwalior Centre and his Roll No. was 609794 in the general category. Admittedly, he secured more than 77% marks and it is also not denied that candidate securing 72.09% marks in the general category has qualified for admission. The quirk of misfortune that was struck the petitioner nestles in his own score: 72, against 75, out of 300 marks, in English. He complains and it is also not disputed, three marks are denied to him as his answer to question No. 99 was found wrong. That indeed is the crux of the controversty to be decided by us in this petition. So far as the legal parameters of our jurisdictional competence to dsecide that is concerned, those are drawn authoritatively in Kanpur University v. Samir Gupta, AIR 1983 SC 1230.2. La...
Mool Chandra Agrawal Vs. Jiwaji University and ors.
Court: Madhya Pradesh
Decided on: Mar-03-1992
Reported in: 1993(0)MPLJ744
ORDERS.K. Dubey, J. 1. The two petitioners, namely, Moolchandra Agrawal in M.P. No. 867 of 1986, and Satish Chandra Nagpal in M.P. No. 61 of 1987, in their petitions under Articles 226 and 227 of the Constitution of India, have challenged their termination orders, Annexure P/4, dated 17-6-1986, and Annexure P/2, dated 27-6-1986, respectively, passed by the Registrar, Jiwaji University, Gwalior.2. At the request of the parties, arguments were heard analogously, as the grounds of challenge are common in both petitions, which are being disposed of by this order.3. Material facts leading to the two petitions are thus :-- The petitioner Moolchandra Agrawal (for short, 'petitioner No. 1') was employed as an Upper Division Clerk in the Jiwaji University, Gwalior, and was the President of Jiwaji University Class HI Employees' Union (for short, the 'Union'), recognised by the University. The petitioner Satish Chandra Nagpal (for short, 'petitioner No. 2'), initially appointed as an Upper Divisi...