Madhya Pradesh Court July 2007 Judgments
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Keti Construction Limited Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2007
Reported in: 2007(3)MPHT433
ORDERDipak Misra, J.1. The present appeal is directed against the order dated 20-5-2006 passed by the learned Single Judge in W.P. No. 6385 of 2006.2. The facts which are essential to be stated are that the appellant-petitioner (hereinafter referred to as 'the appellant'), a Private Limited Company registered under the Indian Companies Act, 1956, is a registered contractor under the Public Works Department (PWD). A contract was awarded to him for the value of Rs. 5,78,54,000/-. The appellant executed the work and during the construction work purchased minor mineral from local suppliers/traders from the open market. It completed the work in question, i.e. upgradation and improvement of Khandwa-Deotali Road Km 1 to 55 within the time and submitted the bill as per measurement from time to time. When the question of payment arose, the respondent No. 2, the Engineer-in-Chief, Public Works Department issued a letter dated 25-7-2005, Annexure P-5, requiring it to obtain Royalty Clearance Cert...
Mahesh Kumar Shrivastava Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2007
Reported in: [2007(115)FLR333]; 2007(3)MPHT362; 2007(3)MPLJ525
ORDERS.K. Gangele, J.1. Petitioner has filed this petition challenging the order Annexure P-1 dated 8-1-2004. By the aforesaid order the period of absence of the petitioner from 24-11-2002 to 21-7-2003 total period of 240 days have been declared as dies non.2. As per the petitioner when he was working as Manager in District Commerce and Industries Centre, Morena (M.P.) a show-cause notice was issued to him mentioning the facts that he was absent from duty w.e.f. 24-11-2002 to 21-7-2003 near about 240 days and he did not submit any application for the aforesaid period of absence, hence, why the aforesaid period be not treated as dies non.3. Earlier, the petitioner did not receive salary for certain period for the year of 2003. He filed a petition before this Court which was registered as W.P. No. 622/03 and this Court disposed of the petition with a direction to the respondents to pay the salary of the petitioner or assign reasons for nonpayment of salary. Thereafter, the aforesaid show...
S.A.M. Ansari Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-05-2007
Reported in: 2007(4)MPHT147
ORDERR.K. Gupta, J.1. They are heard.Petitioner by way of filing this petition before the Tribunal has prayed for the quashment of the orders Annexures A-17 and A-18. The petitioner has further prayed for that his age of superannuation is 60 years and he has wrongly been superannuated on reaching the age of 58 years.2. The petitioner was employed as a Weaving Master on the vacant post by the Inspector General of Prisons by an order Annexure A-l. The petitioner by an order dated 10th March, 1989 (Annexure A-2) was also regularized on the said post. Thus, there is no dispute that the petitioner was employed on the post of Weaving Master which is a teaching post by the Jail Department.3. Learned Counsel for the petitioner submits that in pursuance of the M.P. Shaskiya Seva (Adhivarshiki Ayu) Adhiniyam, 1967 he being a teacher, has a right to continue till he reaches the age of superannuation. For the purposes of convenience the said provision is quoted as under:(1-a) Subject to the provis...
Devesh Kumar Pathak Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2007
Reported in: 2007(4)MPHT155
ORDERDipak Misra, J. 1. In this appeal preferred under Section 2 (2) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the legal propriety and pregnability of the order dated 7-9-2006 passed by the learned Single Judge in W.P. No. 12585/2006 is called in question.2. Bereft of unnecessary details, the facts which are requisite to be exposited are that the appellant-petitioner (hereinafter referred to as 'the appellant') that the appellant, a Town Inspector, had been subjected to transfer on many an occasion. While he was posted at Katni he was transferred to Jabalpur by order dated 10-7-2006. Thereafter by order dated 25-8-2006 her has been directed to join in Lokayukt Organisation at Bhopal.3. The said order of transfer was assailed in the writ petition before the learned Single Judge on the ground that he has been subjected to frequent transfer which reeks of malafide and further he has been deputed to Lokayukt organization without his consent though t...
Ramnaresh Singh and ors. Vs. Mahila Sonawati
Court: Madhya Pradesh
Decided on: Jul-05-2007
Reported in: 2008CriLJ65; 2008(1)MPHT510
ORDERB.M. Gupta, J.1. This revision has been preferred impugning the order dated 2nd August, 2004 passed by the 3rd Additional Sessions Judge, Morena in criminal revision No. 45/03 by which the learned Judge has set aside an order dated 29th January, 2003 passed by the JMFC, Ambah in criminal case No. 72/02, whereby the learned Magistrate had rejected the private complaint filed by the respondent on the ground that the complaint has not been filed by a Court and thus not maintainable as provided by Section 195(1) of the Cr. P.C.2. During the course of arguments, following facts have been admitted by both the parties:A. That, the disputed Will dated 5th April, 1994 registered on 24th November, 1994 was filed by the petitioners in revenue case No. 33/93-94xA/6 (Rajesh and Ors. v. Kumher Singh) on 12th January, 1995. This revenue case was also filed on 12-1-1995 i.e. much after the execution and registration of the impugned Will. Thereafter, one private complaint dated 25th August, 1995 w...
Cit Vs. Madhya Pradesh Tyres Co.
Court: Madhya Pradesh
Decided on: Jul-05-2007
Reported in: [2009]316ITR202(MP)
ORDERA.M. Sapre, J.1. This is an appeal, filed by the revenue under Section 260A of the Income Tax Act against an order dated 24-8-2005, passed by Income Tax Appellate Tribunal (for short called 'Tribunal') in ITA No. 454/Ind./1999. This appeal was admitted for final hearing on following two substantial questions of law:1. In absence of any discussion much less finding rendered by the Tribunal, whether Tribunal was justified in upholding the view taken by the Commissioner (Appeals) on the issue involved?2. Whether interpretation made by the authorities of the circular issued by CBDT for working out the liability of the partners in relation to Section 40(b)(v) of the Act is legally sustainable so as to give benefit to the assessee of Section 40(b)(v)?2. Heard Shri R.L. Jain, learned senior Counsel with Ku. V. Mandlik, learned Counsel for the revenue and Shri S.C. Bagadia, learned senior Counsel with Shri D.K. Chhabra, learned Counsel for the assessee.3. In order to answer question No. 1...
Smt. Raman Khaskalam Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2007
Reported in: 2008(5)MPHT150
ORDERA.K. Patnaik, C.J.1. In this writ petition, we are called upon to decide whether during the period of extra-ordinary leave granted to the Vice Chairman of the M.P. State Administrative Tribunal (for short 'the Tribunal'), allowances under Sections 22-A (2) and 22-C of the High Court Judges (Conditions of Service) Act, 1954 (for short 'the Act of 1954') are payable to him.2. The facts briefly are that the petitioner is the wife of late A.K. Khaskalam, who was appointed as a Vice Chairman of the M.P. State Administrative Tribunal. Late A.K. Khaskalam, while working as Vice Chairman of the Tribunal fell ill and was taken to Bombay for medical check up. He was found to be suffering from cardiac disease for which a by-pass surgery was necessary. The surgery was performed at the Bombay Hospital at Bombay but late Khaskalam could not recover fully. For treatment of his cardiac disease and kidney infection, late Khaskalam took Earned Leave, commuted leave and extra-ordinary leave and ulti...
Gokul Prasad S/O. Jagannath and ors. Etc. Vs. State of Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Jul-04-2007
Reported in: 2007CriLJ4634
S.K. Kulshrestha, J.1. The above appeals have been filed by the accused as also the Slate against the judgment dated 23-7-1996 passed by the learned Sessions Judge, Shajapur in Session Trial No. 66/ 1993 whereby the learned Sessions Judge has convicted accused Gokul Prasad under Section 324/34 of the Indian Penal Code and sentenced him to rigorous imprisonment for 3 years and fine of Rs. 5,000/-; in default of payment, of fine to further simple imprisonment for 6 months. Gokul Prasad has also been convicted under Section 323 of the IPC and sentenced to rigorous imprisonment for 6 months. Appellants Sanjay and Rajesh have also been convicted under Section 324/34 of the IPC and while Sanjay has been awarded the sentence of rigorous imprisonment for I year and Rs. 1,000/- fine; in default of payment of fine simple imprisonment for 3 months, Rajesh has been released on probation. Criminal Appeal No. 912/1996 has been filed by the State under Section 377 of the Criminal Procedure Code read ...
Sadar Rani Sour and ors. Vs. Narayan Pandit and ors.
Court: Madhya Pradesh
Decided on: Jul-04-2007
Reported in: 2009ACJ252
K.S. Chauhan, J.1. These three miscellaneous appeals arise out from the same incident hence are being disposed of by the common order.2. M.A. No. 792 of 2007 has been filed for enhancement of compensation being aggrieved by the award dated 18.10.2006 passed by Fourth M.A.C.T., Chhatarpur in Claim Case No. 102 of 2005 whereby the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act has been partly allowed with the direction to pay the compensation of Rs. 2,93,000 with interest at the rate of 6 per cent per annum for the death of Harpu caused in the motor accident. Whereas M.A. No. 109 of 2007 has been filed by Oriental Insurance Co. Ltd., Satna, being aggrieved by the same award to set aside the award.3. M.A. No. 2642 of 2006 has been preferred being aggrieved by the award dated 29.3.2006 passed by Fifth M.A.C.T. (Fast Track Court), Chhatarpur in Claim Case No. 70 of 2005 whereby the claim application filed by Govind Yadav under Section 166 of the Motor Veh...
Smt. Laxmi and ors. Vs. Jai Karan Prasad Shukla and anr.
Court: Madhya Pradesh
Decided on: Jul-03-2007
Reported in: 2007(3)MPHT421
ORDERArun Mishra, J.1. This appeal has been preferred as against an order dated 19-9-2005 passed by Commissioner for Workmen's Compensation, Satna in Case No. 12/ WC Act/Fatal/2004.2. The claimants have come up in this appeal aggrieved by the impugned order dismissing their claim petition, they claimed compensation on account of death of Surendra Kumar Dwivedi, a driver in the employment of respondent Jaikaran Prasad Shukla. He used to drive the Jeep (MP-19/9648). It was also not disputed by the owner that on 27-6-03, deceased was going from Satna to Orchcha, District Chhatarpur, before 7-8 kms. from Chhatarpur at Village Gadebara Gautam, some unknown persons committed murder of driver Surendra Kumar Dwivedi after gagging his mouth with a cloth. Body was thrown away in the agricultural field. They took away the vehicle, ultimately vehicle could not be traced. Report of the incident was lodged as PS-Civil Lines, Chhatarpur on 28-6-03 where the case was under investigation. Autopsy was p...
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