Madhya Pradesh Court August 2007 Judgments
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Manoj Modi Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-09-2007
Reported in: 2007(3)MPHT536; 2007(4)MPLJ386
ORDERA.K. Patnaik, C.J.1. The petitioner appeared in the common entrance examination, D-MAT 2006, conducted by the Association of Private Dental & Medical Colleges of Madhya Pradesh, respondent No. 3, and on the basis of his performance in the said entrance examination he was offered admission in the R.D. Ciardi Medical College, Ujjain. The petitioner has alleged in the writ petition that when he went to respondent No. 4/College for admission, he was asked to furnish a bank guarantee for Rs. 10 lac within a period of 24 hours or latest by 26th September, 2006. Aggrieved by the aforesaid demand by respondent No. 4/college for bank guarantee, the petitioner has filed this writ petition under Article 226 of the Constitution of India.2. On 28-9-2006, the Court after hearing the learned Counsel for the petitioner, issued notice to respondent Nos. 3 and 4 and directed as an interim measure that they will give admission to the petitioner in respondent No. 4/College by 30-9-2006 without insist...
D.D. Sharma Through Shri R.B. Singh, Attorney Vs. Madhya Pradesh Rural ...
Court: Madhya Pradesh
Decided on: Aug-09-2007
Reported in: AIR2008MP72; 2008(1)ARBLR592(MP)
ORDERK.K. Lahoti, J.1. This order shall decide all the aforesaid applications filed by the applicants under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act of 1996' for short). For the convenience facts are taken from M.C.C.No.2620/2005 (D.D. Sharma v. M.P. Rural Roads Development Authority). 2. The Government of India launched a scheme for construction and upgradation of rural roads as Pradhan Mantri Gram Sadak Yojna and to implement the aforesaid scheme in the State of M.P., funds were provided to the State of M.P. The State constituted an independent authority for execution of work of rural roads in the name of M.P.Rural Roads Development authority. The authority has been registered as a society under the M.P.Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as 'Adhiniyam of 1973' for short). The non-applicant society invited proposals to provide contractual services for one or more consultancy packages for supervision of civ...
Madhuri Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-09-2007
Reported in: 2007CriLJ4190
K.S. Chauhan, J.1. This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 14th July, 1998 passed by II Additional Sessions Judge, Tikamgarh in Sessions Trial No. 25/95, whereby the appellant has been convicted under Section 302 of IPC and sentenced to life imprisonment with fine of Rs. 5,000/-, in default R.I. for six months. 2. The brief facts of the prosecution case are that on 02.07.1995 Kishan was cleaning his teeth sitting near to a well situated at village Kachhora at about 9:30 a.m., at the same time, the appellant came with axe and caught hold of Kishan from behind and threw him into the well and hurled a big stone in the well upon him consequently he died. The report was lodged by his uncle Kanhaiya Lal at outpost Khajuri wherein the crime under Section 302 IPC was registered. This was sent to police station Palera wherein the Crime No. 01/95 under Section 302 was registered und...
Mahendra Goyanka Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-09-2007
Reported in: 2007(4)MPHT514; 2008(1)MPLJ189
ORDERAbhay M. Naik, J.1. Short facts giving rise to the present writ petition are that the petitioners' father was a money-lender of Shahdol district for more than 30 years. After his death, petitioner continued with the business of money lending. He obtained licence for money lending by getting himself registered under the provisions of Money Lenders Act, 1934. Licence was issued in favour of the petitioner on 17-3-1998 for a period of two years by Tehsildar, Tehsil Kotma, District Shahdol as revealed in Annexure P-2. It was extended from time to time, lastly on 29-3-2006 for a period from 30-10-2004 to 29-10-2006 as revealed on the back side of Annexure P-2. Last extension/renewal was granted by the Sub Divisional Officer, District Anuppur. It is pertinent to mention here that on formation of District Anuppur, Tehsil Kotma was made a part of it.2. Sub Divisional Officer, Kotma, issued a notice dated 20-11-2006 (Annexure P-3) to the petitioner requiring him to provide certain informat...
Commissioner of Income Tax Vs. Narmada Ginning and Pressing Factory
Court: Madhya Pradesh
Decided on: Aug-09-2007
Reported in: (2007)213CTR(MP)500
A.K. Patnaik, C.J.1. This is an appeal under Section 260A of the IT Act, 1961, filed by the CIT, Bhopal, against the order dt. 31st March, 2006, of the Tribunal, Indore Bench, Indore, for the block period 1st April, 1995, to 30th Nov., 2001.2. At the time of admission of the appeal, the following substantial question of law was formulated by this Court by order dt. 24th Nov., 2006:Whether the Tribunal was justified in rejecting the addition made by the AO on account of variation in stock found in course of search and seizure operation and further the opinion that no surcharge was leviable in respect of search conducted during financial year 2001-02 even when the levy of surcharge has been provided by Part I of the First Schedule to the Finance Act, 2000 (10 of 2000) [first proviso to Section 2(3) of the Act 10 of 2000] ?3. We have heard Mr. Rohit Arya, learned senior counsel for the appellant and Mr. Sumit Nema, learned Counsel for the respondent and we find that the AO had made an add...
Kedarnath Sharma Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Aug-09-2007
Reported in: 2008(1)MPHT233
ORDERRajendra Menon, J.1. Petitioner, a 82 years old person has invoked the writ jurisdiction of this Court aggrieved by the manner in which the process of investigation and inquiry into the death of his daughter, Kumari Chetana Sharma who was working as Sub Inspector in District Bhind is being carried out. Inter alia contending that investigation in the matter is not conducted properly and the then Superintendent of Police, Bhind, one Shri Rajababu Singh has in fact murdered petitioner's daughter, the First Information Report lodged by him is not properly registered, action is not being taking for registering the case under Section 302 of IPC, petitioner has filed this petition and the reliefs claimed are that a writ of Mandamus or any other writ be issued directing the respondents to handover investigation of the offence to the Central Bureau of Investigation (CBI) for its fair and impartial investigation and CBI be directed to register a case under Section 302, IPC, against the accu...
State of Madhya Pradesh Vs. Gopal Dariyav Singh and ors.
Court: Madhya Pradesh
Decided on: Aug-08-2007
Reported in: 2007CriLJ4585
1. The State has filed this appeal against the judgment dated 20-3-1998 of the 4th Additional Sessions Judge, Indore in Session Trial No. 416/1995 by which the learned Additional Sessions Judge: has acquitted all the respondents. The leave granted to the State under Section 378(3) of the Code of Criminal Procedure is restricted to respondent Nos. 1 to 6 while the same has been declined in the case of Mohan s/o Ramprasad, accused No. 7 before the trial Court.2. According to the prosecution, on 5-6-1998, P.W. 8 Prabhu Dayal was standing outside his door in his house situated at Lalpura, Indore, his neighbour, Laxman s/o Nathulal (deceased) was in his courtyard. Prabhu Dayal saw that accused-Santosh approached Laxman and demanded money but on his refusal, Santosh abused him and stated that he would return soon. A short while thereafter, accused-Santosh, his brother Gopal and 5 to 6 other persons arrived. Santosh was armed with a sword, his brother Gopal with a GUPTI and companions had kni...
Commissioner of Income Tax Vs. Narmada Ginning and Pressing Factory
Court: Madhya Pradesh
Decided on: Aug-08-2007
Reported in: (2008)214CTR(MP)248
A.K. Patnaik, C.J.1. This is an appeal under Section 260A of the IT Act, 1961.On 28th Feb., 2007, the Court while admitting the appeal, formulated under Sub-section (3) of Section 260A of the IT Act, 1961 (for short 'the Act'), the following two substantial questions of law:(1) Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in deleting the addition of Rs. 7,08,184 which had been rightly sustained by the CIT(A) as benefit gained by the assessee within the meaning of Section 28(iv) of the IT Act, 1961?(2) Whether, on the facts and circumstances of the case, the learned Tribunal was justified in holding that while giving appeal effect, the AO could not charge interest under Section 220(2) from the due date of original assessment/demand notice?2. Sub-section (4) of Section 260A of the Act provides that the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue tha...
Kanchhedi Lal Vs. Presiding Officer and anr.
Court: Madhya Pradesh
Decided on: Aug-08-2007
Reported in: 2008(1)MPHT181
ORDERDipak Misra, J.1. In this intra-Court appeal preferred under Section 2 of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 (far brevity 'the Act'), the defensibility and legal acceptability of order dated 16-5-2007 passed by the learned Single Judge in Writ Petition(S) No. 3355/2007 is called in question.2. Mr. N.S. Ruprah, learned Counsel appearing, for the, respondent No. 2 has raised a preliminary objection that the writ appeal is not maintainable as the order passed by the learned Single Judge has emanated from a proceeding before the Central Government Industrial Tribunal-cum-Labour Court (hereinafter referred to as the CGIT-cum-Labour Court') which had culminated in an award whereby the CGIT-cum-Labour Court passed the award ex parte and eventually, declined to interfere in the order of dismissal passed by the Management against the workman. As a preliminary objection has been raised, it is obligatory on the part of this Court to deal with the sam...
Sarojini Mahule Vs. Kailash Chandra Vishwakarma
Court: Madhya Pradesh
Decided on: Aug-08-2007
Reported in: 2008(3)MPHT280
ORDERA.K. Shrivastava, J.1. An application under Section 152, CPC was moved before learned 4th Additional District Judge, Jabalpur that in the judgment dated 14-9-1998 passed in Civil Appeal No. 2-A/98, Smt. Sarojini Mahule v. Kailash Chandra Vishwakarma, incorrect house number 113/14 got typed. According to learned Counsel, indeed, the correct number of the house is 1103/14. The contention of learned Counsel is that this Court vide judgment dated 10-7-2006 dismissed Second Appeal No. 1046/1998, Kailash Chandra Vishwakarma v. Smt. Sarojini Mahuley. Now the decree-holder is facing difficulty in getting the decree executed because incorrect house number (113/14) is mentioned in the judgment of learned 4th Additional District Judge, Jabalpur. The contention of learned Counsel is that an application under Section 152, CPC was moved for necessary correction but the same has been rejected by the impugned order.2. By inviting my attention to Section 152, CPC, it has been argued by learned Cou...
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