Madhya Pradesh Court May 2007 Judgments
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Neelash Dubey Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-01-2007
Reported in: 2007(4)MPHT431; 2007(3)MPLJ349
ORDERA.K. Gohil, J.1. Petitioner, who was working on the post of Panchayat Karmi in Gram Panchayat Kota, Tehsil and District Shivpuri, has filed this writ petition under Articles 226 and 227 of the Constitution of India for the relief that by the impugned order dated 17-4-2007 (Annexure P-9), the Collector has withdrawn the power of Panchayat Secretary under Section 69 (1) of the M.P. Panchayat Raj Adhiniyam, 1993 and has further directed the Sarpanch Gram Panchayat to remove him from the post of Panchayat Karmi within one month, which is per se illegal and contrary to the principle of natural justice and beyond the powers of the Collector.2. The case of the petitioner is that he was appointed as Panchayat Karmi vide order dated 27-10-1995 and on the recommendation of the Sarpanch, the then Collector vide order dated 6-11-1995 declared him as Panchayat Secretary and since then he is working on the aforesaid post. There was no complaint against him. The Collector Shivpuri on 16-4-2007 v...
United India Insurance Co. Ltd. Vs. Janki Devi and ors.
Court: Madhya Pradesh
Decided on: May-01-2007
Reported in: 2009ACJ1937
Rajendra Menon, J.1. Challenging the order dated 8.7.2005 passed by Seventh Motor Accidents Claims Tribunal, Gwalior directing the insurance company to deposit the amount of T.D.S. deducted from the compensation payable to the claimants-respondents amounting to Rs. 12,800, the petitioner insurance company has filed this petition.2. It is the case of petitioner that as tax on the interest of the awarded amount is liable to be paid after deduction of income tax under Section 194-A of Income Tax Act, insurance company deposited the amount after deducting a sum of Rs. 12,800 as tax on the interest amount. This deduction has been found to be illegal by the court below in the impugned order. Placing reliance on a judgment rendered by Gujarat High Court in the case of United India Insurance Co. Ltd. v. Mitaben Dharmeshbhai Shah 2004 ACJ 1996 (Gujarat) and followed by this Court in the case of National Insurance Co. Ltd. v. Sunita Jain W.P. No. 939 of 2005; decided on 16.1.2006 (MP), Mr. Malho...
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