Madhya Pradesh Court March 2008 Judgments
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Yogesh Neema and ors. and Kailashchandra Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-28-2008
Reported in: 2008(2)MPHT337
A.K. Patnaik, C.J.1. The two appeals have been filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the orders dated 14th January, 2008 passed by the learned Single Judge in W.P. No. 16250/2007 and W.P. No. 16752/2007. The material facts briefly are that for the Onkareshwar Dam, lands of several villagers were acquired and the displaced villagers were required to be rehabilitated in other localities. A Task Force was constituted for identifying the localities in which the displaced villagers were to be rehabilitated. On the basis of the recommendation of the Task Force, lands were acquired for rehabilitation of the displaced villagers and rehabilitation sites were established. One of the rehabilitation sites, namely Inpun rehabilitation site, as initially planned, was to comprise of 1200 plots, but more and more displaced villagers preferred plots at this Inpun rehabilitation site because amenities like Primary, Middle and ...
Cine Exhibitors Pvt. Ltd. Vs. Gwalior Development Authority and ors. Overruled
Court: Madhya Pradesh
Decided on: Mar-28-2008
Reported in: 2008(3)MPHT91
ORDERA.K. Gohil, J.1. Appellant has filed this Writ Appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 21-2-2007 passed by the learned Single Judge in W.P. No. 1718/02, whereby dismissed the Writ Petition with certain observations.2. Briefly stated, it is the case of the appellant that the appellant is a Company incorporated under the Companies Act, 1956. The respondent No. 1 Gwalior Development Authority issued an advertisement for auction of plot for construction of Cinema Theater at Plot No. B-2 in the locality known as Mayur Market, Thatipur area. The bid of the company being highest was accepted and on 18-3-1983 a lease agreement was executed between the petitioner-Company and Gwalior Development Authority. Said lease agreement was for a period of 30 years with further right of renewal. Thereafter, petitioner-Company constructed Cinema Hall on the plot and started business of exhibiting cinema. It ...
Ku. Abhineeta Elizabeth Lall Vs. Barkatullah University
Court: Madhya Pradesh
Decided on: Mar-28-2008
Reported in: 2008(3)MPHT155
ORDER1. Petitioner in this writ petition has assailed vires of Clause 26(I) Ordinance 6 framed under M.P. Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyam') and to direct the respondent to revaluate the answer-sheets of the petitioner.2. Petitioner has submitted that petitioner is a student of LL.B. 1st year in Barkatullah University, Bhopal and has obtained total 491 marks out of 900 in L.L.B. 1st year. She had applied for revaluation of her answer-sheets in two subjects which is permissible and there is an increase of 32 marks in overall result as apparent from mark-sheet (Exh. P-3) issued after revaluation. 3. Under Clause 26 of the Ordinance 6 there is limit to apply for revaluation of only two subjects. Petitioner has been meritorious throughout her academic career, thus, she has prayed for revaluation of other answer-sheets also. Petitioner has submitted that she has done better than the marks awarded to her in other papers in which revaluation has not b...
Shri Ashish Sahu Vs. Smt. Sushila Devi Chouhan
Court: Madhya Pradesh
Decided on: Mar-27-2008
Reported in: 2008(3)MPHT158
ORDERK.K. Lahoti, J.1. This revision is directed against the order dated 20-11-2007 by which the Rent Controlling Authority, Jabalpur rejected the application filed by the petitioner under Order 47 Rule 1, CPC. During course of the argument, learned Counsel for petitioner drawn attention of this Court to the order dated 16-11-2007, a certified copy of the order is available on record, by which petitioner's application under Section 47 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') was rejected by the Rent Controlling Authority on the ground that the provisions of Section 47 of the Code are not applicable to the Rent Controlling Authority.2. Against this order, petitioner filed an application under Order 47 Rule 1 of the Code seeking review of the order but this application was also rejected on the ground that the Rent Controlling Authority was not vested with the power of review. While hearing the matter, order dated 16-11-2007 was brought to my notice, in...
State of Madhya Pradesh Vs. Ashok and anr.
Court: Madhya Pradesh
Decided on: Mar-26-2008
Reported in: 2008(3)MPHT194
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of absolvitur passed by learned 4th Additional Sessions Judge, Gwalior in Sessions Trial No. 228/1992, dated 26-11-1993 acquitting the respondents for the offence punishable under Section 302/34, IPC, the State of Madhya Pradesh has preferred this appeal under Section 378(3) of the Code of Criminal Procedure, 1973.2. In brief the case of prosecution is that on 22-6-1992 at 8/30 in the morning Jagdish who is a labour went to his work place. After departure of Jagdish his father Chunnilal (hereinafter referred to as 'the deceased') also proceeded to his work place. After some time, one girl of the locality came and informed Laxmi Bai at her home that some persons were assaulting the deceased by knives, as a result of which said Laxmi Bai rushed towards the place of occurrence which is situated near by a Jain Temple at Gandewali Sadak. The deceased who was the father-in-law of Laxmi Bai was lying near the door of temple and he gave ...
Sohan Singh and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-26-2008
Reported in: 2008(3)MPHT97
1. The appellants have filed this writ appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Pith Ko Appeal) Adhiniyam, 2005 aggrieved by order dated 10-3-2006 passed by learned Single Judge in W.P. No. 1323/2006.2. The brief facts of the case are that agricultural land bearing Survey Nos. 858,859,869,870,875 and 876 having a total area of 2.027 hectares situated in Village Shakarpur Tehsil and District Gwalior, was belonging to one Kanno alia Hargovind. Deceased Kanno was having two sons, i.e., Chimman Singh alias Chimmanlal and Harprasad. It was the case of the petitioner that Chimmanlal died on 8-11-93 and thereafter, his legal heirs Sohanlal, Balwant, Sovran Singh and Pokhran alongwith Harprasad were looking after the agricultural land and became Bhumiswami of the aforesaid land.3. Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter shall be referred to as 'Act of 1976') has found the aforesaid land lying vacant and therefore,...
Harendra Singh Thakur and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-26-2008
Reported in: 2008(3)MPHT126
R.C. Mishra, J.1. This is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code'), for having the order, directing confiscation of seized jeep, bearing registration No. MP-36-D-0494, quashed.2. The jeep was seized from the possession of its driver-petitioner No. 2 in connection with Crime No. 841/07 registered at Kotwali Tikamgarh for the offence punishable under Section 34(1)(a) of the M.P. Excise Act, 1915 (hereinafter referred to as 'the Act'). The allegation against the petitioner No. 2, in short, was that on 14-12-2007 he was found carrying, without any license, permit or pass granted under this Act, four crates (48 bottles) of Beer in the Jeep owned by the petitioner No. 1.3. After due investigation, charge-sheet was submitted before Chief Judicial Magistrate, Tikamgarh. The accused/petitioner No. 2 pleaded guilty and was, accordingly, convicted under Section 34(1)(a) of the Act by CJM, Tikamgarh and was sentenced to suffer imprisonment till rising ...
Kaluram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-25-2008
Reported in: 2008(3)MPHT164
ORDERSushma Shrivastava, J.1. Applicant has preferred this revision against the appellate judgment dated 3-11-1998, passed by Sessions Judge, Raisen in Criminal Appeal No. 115/97 whereby the conviction of the applicant under Section 379 of IPC read with Section 39 of Indian Electricity Act, 1910 recorded by Chief Judicial Magistrate, Raisen and the sentence passed on him are affirmed.2. Applicant was tried for the offence under Section 379 of IPC read with Section 39 of Indian Electricity Act, 1910 (hereinafter to be referred as 'Electricity Act') before Chief Judicial Magistrate, Raisen. As per prosecution allegations, on 5-3-93, at about 10.30 at night, at Rajeev Gandhi Nagar, Junior Engineer, M.P. Electricity Board, City Supply, Raisen upon inspection found that applicant was committing theft of electricity by abstracting direct energy from the electricity line by means of a wire unauthorisedly put by him and was using television and electric bulbs.3. Junior Engineer Upendra Kumar K...
Government of Madhya Pradesh Vs. Tax Recovery Officer and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2008
Reported in: (2008)217CTR(MP)137
Rajendra Menon, J.1. Shri V.K. Shukla, learned Dy. Advocate General for the petitioner/State.2. Shri Rohit Arya, learned senior counsel with Shri S. Lal for the respondents.3. Challenging the orders passed by the ITO and the action taken for recovery of tax, which was to be deducted at source by the State Government from persons who have been granted mining and quarry lease, this petition is filed by the State Government.4. State Government had granted various quarry leases to private persons. The quarry leases have been granted in accordance to the Mines and Minerals (Development and Regulation) Act, 1957 and the M.P. Mining Mineral Rules, 1996, royalty as per statutory provision has been collected and in some cases the lease period has expired. Proceedings have been initiated by the IT Department on the ground that after introduction of Section 206, Sub-section (l)(c) [sic-s. 206C(1C)] in the IT Act, w.e.f. 1st Oct., 2004 by Finance Act, 2004 every person who grants lease or licence ...
Commissioner of Income Tax Vs. Krishi Upaj Mandi Samiti and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2008
Reported in: (2008)218CTR(MP)512
ORDERDipak Misra, J.1. Regard being had to the similarity of question involved in this bunch of appeals, they were heard analogously and are disposed of by a singular order. For the sake of clarity and convenience, the facts in MAIT No. 156 of 2006 are adverted to herein.2. At the outset, it is condign to mention that in this batch of appeals, the assail is to the order passed by the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur (for short 'the Tribunal'), in various appeals preferred by the assessee wherein the Tribunal dealt with the soundness and substantially of the order passed by CIT (Administration) whereby the said authority had declined to extend the benefit of registration of the assessee respondents, the Krishi Upaj Mandi Samitis under Sections 12A and 12AA of the IT Act, 1961 (for brevity, the Act') and the Tribunal on consideration of the various provisions of the Act and the law in the field overturned the order passed by the CIT (Administration) and directed hi...
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