Madhya Pradesh Court March 2008 Judgments
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Smt. Gouri Bahu Vs. Gopaldas
Court: Madhya Pradesh
Decided on: Mar-04-2008
Reported in: 2008(3)MPHT70
ORDERA.K. Shrivastava, J.1. This revision application under Section 115 of the Code of Civil Procedure, 1908 (in short 'the Code') has been filed by the present applicant Smt. Shashi Devi against the order dated 2-8-2004 passed by learned Executing Court directing her to obtain probate certificate in order to execute the decree of eviction passed in favour of decree holder Gouri Bahu.2. The facts leading to the revision application lie in narrow compass. Smt. Gouri Bahu filed Civil Suit No. 20-A/98 for eviction on the ground envisaged under Section 12 (1) (a) of the M.P. Accommodation Control Act, 1961 against the respondent-Gopaldas on the relationship of landlord and tenant. The suit was decreed by learned 2nd Civil Judge Class-II, Katni on 31-10-2000.3. An appeal which was filed by respondent/tenant against his landlord Gouri Bahu was dismissed as abated, since Gouri Bahu died. The present applicant Smt. Shashi Devi presenting herself to be legatee of Gouri Bahu, filed execution app...
M.P. Cement Manufacturers Association and Etc. Vs. State of M.P. and a ...
Court: Madhya Pradesh
Decided on: Mar-04-2008
Reported in: AIR2008MP232
R.S. Garg, J.1. The two petitions filed by the different petitioners are raising identical question, therefore, the arguments were simultaneously heard. This common order shall decide both the writ petitions.2. Short facts necessary for disposal of the present petitions are that the petitioners have filed these petitions submitting inter alia that the provisions contained in M.P. Upkar (Dwitiya Sansodhan) Adhiniyam, 2001 by which the Energy Development Cess which is payable by the distributor of the electricity energy to the State Government has been increased from 1 paise per unit to 10 paise per unit is ultra vires the M.P. Upkar Adhiniyam, 1981 and is also ultra vires Section 12(3) of the M.P. Vidyut Sudhar Adhiniyam, 2001. It is also submitted that the amendment made by the Amending Act is not unconstitutional and the same is arbitrary.3. In the matter of M.P. Cement Manufacturers Association, it is the case of the petitioner that it is an association of cement manufacturers duly r...
Vikram Cement, a Unit of Grasim Industries Ltd. Vs. State of Madhya Pr ...
Court: Madhya Pradesh
Decided on: Mar-03-2008
Reported in: AIR2008MP316
R.S. Garg, J.1. By this writ petition filed under Article 226 of the Constitution of India the petitioner has challenged Annexure P/15 a demand letter issued by the Chief Engineer (Electricity Safety) on 12-2-2001 making a demand in sum of Rs. 1,08,46,763.16 as interest on alleged dues of electricity duty. Annexure P/17 a demand letter dated 10-7-2001 issued by Chief Engineer, Electrical Safety and Chief Electrical Inspector demanding the above referred amount and Annexure P/19 letter-cum-demand notice dated 24-3-2005 issued by the Chief Engineer (Electrical Safety) and Chief Electrical Inspector. By way of amendment the petitioner has also challenged the notification No. 2698-3752-XIII dated 22-7-1975 issued by the State Government in exercise of the powers under Section 5 of Madhya Pradesh Electricity Duty Act, 1949 and Rule 5 of the Madhya Pradesh Electricity Duty Rules, 1949 as ultra vires the Act and ultra vires the Constitution of India.2. The short facts necessary for disposal o...
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