Madhya Pradesh Court February 2001 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Asha Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-05-2001
Reported in: AIR2001MP289; 2001(3)MPLJ642
ORDERDipak Misra, J. 1. Two interesting and seminal questions of law that arise for consideration in this writ petition are : whether a Mayor while constituting the Mayor-in-council under the provisions of M. P. Municipal Corporation Act, 1956 (hereinafter referred to as the 'Act') is required to obtain prior consent of a councillor who is to be taken in as a member; and whether after the Mayor-in-Council is constituted if there is resignation of a member, the functions of the Mayor-in-Council to be carried out by the Municipal Corporation on the ground that it has lost its legal status To put it differently, can any elected councillor be compelled to act against his will; and whether vesting of power with the Municipal Corporation because of incomplete nature of the body, Mayor-in-council, would tantamount to the analogy of 'Matsya Nyaya' that the big fish devours the small one 2. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of ...
Kailash Sajoniya Vs. Registrar, D.A.V.V. and Three ors.
Court: Madhya Pradesh
Decided on: Feb-05-2001
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...
Union of India (Uoi) and ors. Vs. Hasmat Ali and anr.
Court: Madhya Pradesh
Decided on: Feb-05-2001
Reported in: 2001(5)MPHT75; 2001(3)MPLJ65
ORDERArun Mishra, J.1. Union of India, General Manager Central Railways and Anr. have filed the present writ petition assailing the order passed by the Central Administrative Tribunal in O.A. No. 195 of 1999 on 6-10-2000, whereby the Tribunal has allowed the application filed by the respondent No. 1 and has declared that the respondent No. 1 shall be deemed to have been promoted to Grade III on regular basis at Coach Repair Workshop with effect from 27-2-91. His seniority be determined afresh. If it is found that the respondent No. 1 is senior to other direct recruits, he shall be continued in the post to which he was promoted as Grade I and he shall also be entitled to pay and allowances with effect from the date of his reversion till the stay order was passed by the Tribunal. Directions for re-determination of his seniority in Grade II and Grade III have also been issued on the similar basis.2. The facts unfold that the respondent No. 1 was initially appointed as Khalasi Grade IV in ...
Smt. Indira Baxi and Another Vs. Smt. Sunita Goyal
Court: Madhya Pradesh
Decided on: Feb-02-2001
Reported in: 2001(2)MPHT170
ORDERS.I. Srivastava, J.1. Heard the learned counsel Cor the applicants as well as the learned counsel representing the respondent.2. Perused the record.3. The applicants feel aggrieved by the order passed by the Chief Judicial Magistrate, Morena, dated 15-4-1999, whereunder after taking into consideration the evidence produced by the complainant in regard to the dishonouring of the cheques signed by Smt. Indira Baxi and Chiranjilal Baxi while taking cognizance of the offence contemplated under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) on the ground of dishonouring of the cheques, he had consequently took cognizance of the offence contemplated under Section 420, IPC. It is not disputed that in case the cognizance of the offence under Section 138 of the Act was found tobe uncalled for, there could be no occasion for taking the cognizance of the offence under Section 420, IPC.4. Taking into consideration the nature of the controversy involve...
Chhattisgarh Distilleries Limited and anr. Vs. Commissioner of Sales T ...
Court: Madhya Pradesh
Decided on: Feb-02-2001
Reported in: [2001]122STC458(MP)
ORDERA.M. Sapre, J.1. The only question involved in this writ filed under Articles 226 and 227 of the Constitution of India is, whether the order passed by the Commissioner under Section 42-A of the Madhya Pradesh General Sales Tax Act, 1958 (since repealed) on January 6, 1993 (annexure P14) is legal or/and proper.2. Section 42-A of the Act under which the petitioner had made an application to the Commissioner and the same having been rejected by the Commissioner by the impugned order (annexure P14) reads as under :'Section 42-A : Power of Commissioner to stay certain proceedings.--The Commissioner may, by special or general order, pending examination of any question of law,--(i) before him ; or(ii) before the Tribunal on an application made under Sub-section (1) of Section 44 ; or(iii) before the High Court on an application made under Subsection (2) of Section 44 ;stay any proceeding or proceedings under Section 18, or Section 19 in respect of any dealer or class of dealers.'3. Perus...
Janta Chemicals Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-02-2001
Reported in: II(2001)ACC123
ORDERA.M. Sapre, J.1. The decision rendered in this writ shall also govern the disposal of other two writ petitions being M.P. Nos. 875 and 876 of 1993, as in all the three writ petitions common question of law is involved. Facts in brief that led to filing of these writs need mention in brief.2. On 11.4.1990, one Railway Wagon full of petrol Neptha and which was a part of entire goods train was passing through Railway Station Nagda. It so happened that while the train was in motion, the petrol stored in the wagon got leaked from the tanker resulting in catching of fire in the entire wagon. This further resulted in explosion of entire wagon which caused damage to properties of those persons living in the surrounding and adjoining areas. The loss was to persons as also to property, but for no fault of innocent persons living in that area.3. It appears that State Government then set up some inquiry and the loss sustained by the affected persons was assessed but the compensation was hot p...
Ratanlal Sharma and ors. Vs. Municipal Corporation and ors.
Court: Madhya Pradesh
Decided on: Feb-01-2001
Reported in: 2001(5)MPHT534; 2001(3)MPLJ515
ORDERJ.G. Chitre, J.1. This petition is being decided finally at motion hearing stage in the interest of justice and in the interest of public at large with consent of the parties and their counsel. All of them have been heard. Annexures have been also considered. Apart from that, the record in respect of the meeting held by the D.P.C. on 16-3-99 was considered. The ACR Rolls pertaining to concerned years were also perused. Shockingly it was found that the ACR Sheet in respect of respondent No. 3 Shri Musheer Ahmed pertaining to year 1997-98 was totally blank so far as the remarks written by the Assessing Officer were concerned. The verifying officer had endorsed that respondent No. 3 was working in Public Relation Department and nothing more.2. In view of that blank sheet which was acted on in the process of promotion by the D.P.C., this court felt that it was necessary to call the members of the said D.P.C. as well as the Commissioner for the purpose of understanding their say in thi...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- Next ›