Madhya Pradesh Court October 2007 Judgments
Hafiz Noorbux (Dead) Through L.Rs. Abdul Rahoof Alias Waqar Qureshi an ...
Court: Madhya Pradesh
Decided on: Oct-30-2007
Reported in: 2008(2)MPHT215; 2008(1)MPLJ300
P.K. Jaiswal, J.1. This revision application has been filed by the applicants/judgment debtors, against the order dated 10-4-2007 passed by the 9th Civil Judge, Class-II, Gwalior in MJC No. 73/06, whereby the Trial Court allowed the application for restoration of execution, which was dismissed in default on 10-8-2000.2. Brief facts of the case are that Civil Suit No. 86-A/68-77 was decreed and decree for ejectment and arrears of rent of Rs. 1593/- and mesne profit @ Rs. 45/- per month was passed in favour of the plaintiff on 29-9-1970. The appeal filed by the defendants was partly allowed by the Lower Appellate Court vide order dated 1-12-1971. The plaintiff challenged the said decree by filing Second Appeal No. 117/72 before the High Court. This Court vide judgment and decree dated 17-10-77 allowed the appeal and set aside the judgment and decree of the Lower Appellate Court and restored the judgment of the Trial Court. An application for execution filed by the decree holder was dismi...
Tag this Judgment!Mandir Shri Ladli Lalji Maharaj Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-30-2007
Reported in: 2008(3)MPHT251
ORDERRajendra Menon, J.1. Challenging the orders Annexure P-3, dated 27-8-2003 passed by the respondents cancelling the registration of the petitioner-Society so also declaring the immovable and movable assets of the society to be the property of the State Government, petitioner has filed this petition.2. Petitioner claims to be a society registered under the M.P. Society Registrikaran Adhiniyam, 1973 (here in after referred to as 'the Adhiniyam of 1973'). The society is carrying out certain social and religious activities and is managing the Mandir Shri Ladli Lalji Maharaj, belonging to Agrawal Jaipuria Samaj. It is stated that petitioner-Society has various movable and immovable property situated in Kasera Gali (Oli) Sarafa Bazar, Lashkar, Gwalior. Grievance of the petitioner are that registration of the petitioner is cancelled and action is taken under Section 36(2) of the M.P. Societies Registrikaran Adhiniyam, 1973 for taking over assets of the society without issuing notice to th...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Jai Singh and anr.
Court: Madhya Pradesh
Decided on: Oct-30-2007
Reported in: 2008ACJ1917
A.M. Sapre, J.1. Heard on I.A. No. 1380 of 2005. This is an application made by applicant under Order 22, Rule 4 of Civil Procedure Code for substitution of legal representatives of deceased Jai Singh, respondent No. 1, who died pending appeal on whom according to applicant right to sue has devolved consequent upon the death of respondent No. 1. The application is within time. The L.Rs. were noticed. They are served and duly represented. In this view of the matter and on consideration of aforesaid facts, the application is allowed. The name of respondent No. 1 be accordingly, deleted and in his place, the names of legal representatives be brought on record as respondent Nos. 1(a) to 1(e) as specified in the application. Memo of appeal be accordingly, amended within a week.2. This is an appeal, filed by insurance company under Section 173 of the Motor Vehicles Act (for short called 'the Act'), against an award dated 30.9.2004, passed by the learned Member, Motor Accidents Claims Tribuna...
Tag this Judgment!Santosh Kumar Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-29-2007
Reported in: 2008(1)MPHT383
ORDERAbhay M. Naik, J.1. Petitioner was elected as Sarpanch of Gram Panchayat, Jamua No. 1 on 23-1-2005. SDO and Prescribed Authority, Vikash Khand, Majhauli, District Sidhi vide Annexure P-3, dated 29-5-2007 convened a meeting on 12-6-2007 on a motion of no confidence against the petitioner. Shri Santosh Niraj, Naib Tehsildar was appointed as a Presiding Officer. A resolution of no confidence was ultimately passed on 12-6-2007 against the petitioner on the basis of 15 votes cast in favour of no confidence as against 3 votes cast against it.2. It has been slated in the petition that the said Presiding Officer was not keeping good terms with the petitioner and complaints were already made against him as revealed in Annexure P-4, dated 15-4-2007, Annexure P-5, dated 7-6-2007 and Annexure P-6, dated 8-6-2007. Further complaints as revealed in Annexures P-7 to P-10 were also made to the effect that the Panchas were under pressure and the no confidence motion was being passed without their ...
Tag this Judgment!Agrawal Indotex Ltd. Represented by Gopal Chandra Agrawal, Director an ...
Court: Madhya Pradesh
Decided on: Oct-26-2007
Reported in: 2008(1)MPHT95
ORDERShantanu Kemkar, J.1. Petitioner No. 1 Company registered under the Companies Act is engaged in the business of manufacturing and selling of yarn. It is registered dealer under the Commercial Tax Act, 1994 and the Central Sales Tax Act, 1956.2. The petitioner Company established a new Industrial Unit at Chhaigaon Makhan District Khandwa. It was granted eligibility certificate from payment of Commercial Tax and Central Sales Tax. It was also granted certificate (Annexure P/1) of eligibility for exemption of Entry Tax for a period of five years w.e.f. 13.2.1998 to 12.2.2003 under the Entry Tax Act, 1976.3. During the assessment proceedings for the financial year 1999-2000 the petitioner was asked by the second respondent to explain as to why the bills in respect of sales to M/s. Anupam Textiles, Burhanpur did not bear the rubber seal of 'local goods for Khandwa, Entry Tax not paid' as required under Section 7(1) of the Entry Tax Act and the Rules framed thereunder. The petitioner of...
Tag this Judgment!Ajay Rai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-26-2007
Reported in: 2008(1)MPHT99
ORDERS.C. Sinho, J.1. This revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter it shall be referred as 'Code' for short) has been filed by the petitioner against the order dated 31-3-2006 passed by Additional Sessions Judge cum Special Judge (Lokayukta), Jabalpur in Special Case No. 2/06 whereby the objection filed on behalf of the petitioner in filing of second charge-sheet has been rejected.2. No exhaustive statement of facts is for disposal of this revision petition. Suffice it to state that a Special Criminal Case No. 3/2000 against the petitioner was filed under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. After completion of the trial the learned Special Judge, (Lokayukta) vide judgment dated 13-3-2002 in Special Case No. 3/2000 has acquitted the petitioner. It was held that the sanction granted in the aforesaid case was not valid and applicant was acquitted in view of Apex Court judgment in th...
Tag this Judgment!Vedica College of Education Vs. Barkatullah University
Court: Madhya Pradesh
Decided on: Oct-25-2007
Reported in: AIR2008MP219; 2008(1)MPHT288
ORDERA.K. Patnaik, C.J.1. In these two writ petitions, the petitioners have prayed for a writ/direction to the Barkatullah University to declare the results of the students admitted to the B. Ed. course during the academic year 2006-07 in the Vedica College of Education, Bhopal.2. The facts briefly are that the Vedica College of Education, Bhopal (for short 'the College'), was established by the Vedic Shiksha Samiti, Bhopal, which is a Society registered under the M.P. Societies Registrikaran Adhiniyam, 1973, to impart education in teaching. The Vedic Shiksha Samiti applied for grant of recognition to the National Council for Teachers Education (for short 'the NCTE') for the academic year 2005-2006 and by a letter dated 9-8-2005, the NCTE communicated the recognition granted to the College by the Western Regional Committee of NCTE for B. Ed. course for the academic year 2005-2006, subject to the condition that the college will submit the list of staff/ faculty duly approved by the Regi...
Tag this Judgment!Rabai Devi and ors. Vs. Rajesh and ors.
Court: Madhya Pradesh
Decided on: Oct-25-2007
Reported in: 2008ACJ1892
S. Samvatsar, J.1. This appeal is filed by the claimants under Section 173 of the Motor Vehicles Act, 1988, being aggrieved by the award dated 2.1.2001 passed by the Ninth Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 71 of 1997 whereby the Claims Tribunal has awarded a sum of Rs. 2,39,900 towards compensation for the death of Ramgopal.2. The brief facts of the case are that on 31.3.1997 Ramgopal along with his colleague Omi alias Om Narayan was going on scooter in slow speed on left side of the road. When they reached near the Urwai Gate near Shiv Temple, Rajesh, respondent No. 1, driving tractor-trolley No. MP 07-H 2696 dashed against the scooter, which has resulted in death of Ramgopal. Hence, the legal representatives of Ramgopal, i.e., his widow, sons and daughters and mother have filed an application for compensation before the Claims Tribunal.3. The Claims Tribunal found that the accident has occurred due to rash and negligent driving of th...
Tag this Judgment!Sabir Ali and anr. Vs. Laik Ahmed and ors.
Court: Madhya Pradesh
Decided on: Oct-24-2007
Reported in: [2008(116)FLR134]; (2008)ILLJ1009MP
Dipak Misra and S.A. Naqvi, JJ.1. Anup Shrivastava, learned Counsel for the appellant, M.K. Sharma, learned Counsel for the respondent No. 2 and K.L. Raj and Suresh Raj, learned Counsel for the respondent No. 3, insurer.2. Though this appeal was listed for admission on consent of the learned Counsel for the parties it is finally heard.In this appeal the maintainability of the award dated March 20, 2007 passed by the Commissioner under the Workmen's Compensation Act (8 of 1923) has been called in question to the extent that the said authority has not granted interest on the awarded sum.3. Learned Counsel for the appellant has commended us to the decision rendered in the case of General Manager, SECL and Anr. v. Gajanan Wadnekar 2005 (104) FLR 618 (M.P.). In the aforesaid case the Division Bench referred to the cases of Kerala State Electricity Board v. K. Valsala K. : (1999)IILLJ1112SC , United India Insurance Co. Ltd. v. Alvi 1998-II-LLJ-896 (Ker), Municipal Council of Sydney v. Troy A...
Tag this Judgment!Ram Chandra Dixit and ors. Vs. Arvind Kumar Jain
Court: Madhya Pradesh
Decided on: Oct-24-2007
Reported in: 2008(1)MPHT378; 2008(1)MPLJ488
Arun Mishra, J.1. The appeal has been preferred by defendants/tenants aggrieved by the judgment and decree dated 19-12-2006 passed by 1st Additional District Judge in Civil Appeal No. 31 -A/2005 thereby affirming the judgment and decree dated 5-2-05 passed by Vth Civil Judge, Class-II, Bhopal in Civil Suit No. 27-A/2001.2. Plaintiff/respondent filed the instant suit for eviction of defendants/ tenants on the ground contemplated under Sections 12(1)(a), 12(1)(b), 12(1)(c) and 12(1)(f) of M.P. Accommodation Control Act (hereinafter referred to as 'the Act'). Plaintiff wanted to start the business of manufacture cum sale of ready-made garments, he was not having suitable alternative accommodation for that purpose, notice dated 10-7-2000 was served terminating the tenancy demanding the vacant possession, however the suit accommodation was not vacated hence suit was preferred.3. Defendants contended that Ramchandra Dixit had obtained the accommodation in the name and style of Universal Moto...
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