Madhya Pradesh Court April 2008 Judgments
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Director of Income Tax (investigation) Vs. Payal Selection and Company ...
Court: Madhya Pradesh
Decided on: Apr-02-2008
Reported in: (2008)217CTR(MP)378; [2008]307ITR377(MP)
ORDERS.R. Waghmare, J.1. This criminal revision has been filed under Section 397/401 of the Cr.PC challenging order dt. 7th July, 2004 passed by the learned Sessions Judge, Neemuch, in Criminal Revn. No. 64 of 2004 directing the custody of the material seized to be produced before the concerned Chief Judicial Magistrate and the Magistrate was directed to deposit the same in the treasury and consequent to the decision of the case to be handed over to the appropriate person who would be entitled to the same.2. Brief facts in a nutshell as alleged by the prosecution was that the police, Neemuch, Cantonment had on 24th April, 2004 seized 123.233 kgs. of silver from Maruti van bearing registration No. RJ-01-5373 on suspicion of the goods being stolen property. The proceedings of seizure were undertaken by P.S. Neemuch, Cantonment under Section 41/102 of the Cr.PC and an application by the petitioner, the Director of IT, Bhopal as well as an application by M/s Payal Selection & Company, Jodh...
Ram Kishor Shukla Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2008
Reported in: 2008(3)MPHT138
A.K. Patnaik, C.J.1. This is an appeal against the order dated 20-2-2008 passed by the learned Single Judge in W.P. No. 2190/2008 (S) filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.2. The facts briefly are that the appellant has been working as Pharmacist cum Store Keeper (Grade I) in the office of the Chief Medical & Health Centre, Rewa. For alleged irregularities in purchase of some items and equipments by the Office of the Chief Medical & Health Officer, Rewa, disciplinary proceedings were initiated against the appellant and the appellant was placed under suspension by order dated 3-1-2007 passed by the Collector, Rewa. Thereafter, an inquiry was held and a copy of the inquiry report was furnished to the appellant. The appellant furnished a representation against the inquiry report but the Chief Medical & Health Officer, Rewa, passed an order dated 13-2-2008 removing the appellant from service. Aggrieved, the appellant fil...
Prathmik Mahila Sahkari Upbhokta Bhandar and ors. Vs. State of M.P. an ...
Court: Madhya Pradesh
Decided on: Apr-01-2008
Reported in: 2008(3)MPHT140
ORDERAbhay M. Naik, J.1. Petitioners are three in number, all Co-operative Societies. They were allotted fair price shops for distribution of Sugar, Wheat etc. Material for such distribution used to be supplied to them by the Collector, Dindori (Food and Civil Supply Officer, Dindori). Appellant No. 1 deposited an amount of Rs. 35,859.25, appellant No. 2 deposited a sum of Rs. 24,589.20 and appellant No. 3 deposited an amount of Rs. 50,203/- for purchase of 108 quintals of sugar and Rs. 7,838/- for purchase of wheat with the Collector, Distt. Dindori for distribution through fair price shops.2. Aforesaid sugar and wheat was confiscated and the petitioners were prosecuted on a charge of violation of the provisions of M.P. (Khadya Padarth) Sarvajanik Nagrik Purti Vitran Scheme, 1991 framed under Section 3 of the Essential Commodities Act, 1955. Petitioners were acquitted by the Court of Special Judge on the ground that there was no violation by them of the scheme. During the pendency of ...
Smt. Reshma Philip Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2008
Reported in: 2008(3)MPHT513
A.K. Patnaik, C.J.1. This is an appeal filed Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 18-2-2008 passed by learned Single Judge in W.P. No. 17635/07 (S).2. The relevant facts briefly are that the appellant was posted as Lower Division Teacher in Government Primary School, Railway Sarai, Jabalpur w.e.f. 1-8-2005. Respondent No. 4 was posted as Lower Division Teacher in the aforesaid school w.e.f. 24-7-2006 and the respondent No. 5 was posted in the said school as Lower Division Teacher w.e.f. 20-7-2007. By an order dated 10-7-2007 the appellant was shifted from Government Primary School, Railway Sarai to Government Primary School, Chhui Khadan. Aggrieved, the appellant filed W.P. No. 17635/2007 (s) contending inter alia that as per the policy of rationalisation of the Government, the surplus staff was to be shifted on the basis of last come first go. The appellant's case was that the respondent Nos. 4 and 5 who ha...
Dr. Shekhar Seth Vs. M.P. State Bar Council
Court: Madhya Pradesh
Decided on: Apr-01-2008
Reported in: 2008(5)MPHT42
ORDERR.S. Garg, J.1. The petitioners by these petitions are challenging the constitutional validity of Rule 143-A as framed by the State Bar Council of Madhya Pradesh. Rule 143-A of the Rules which prescribed 45 years as the maximum age for registration as an Advocate, has been challenged on the ground of unreasonableness and being violative of Articles 14, 16 and 19 of the Constitution of India. It is submitted in the petitions that the Bar Council of Madhya Pradesh has no power, authority or jurisdiction to make such a Rule and on the ground that the rule is arbitrary and discriminatory as persons who have crossed the age of 45 years have been debarred from entering the profession simply on the ground that they have crossed the age of 45 years. It is also submitted by the petitioners that Rule 143-A as amended has no nexus with the mental level of a person to act, appear and plead for a client as an Advocate. It is further submitted that in view of the judgment of the Supreme Court i...
Ramesh Chandra Vanshkar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2008
Reported in: 2008(5)MPHT340
ORDERS.C. Sharma, J.1. Petitioner is before this Court is aggrieved by an order dated 19-9-06 passed by the Additional Commissioner, Gwalior Division, Gwalior in Revision No. 361/2005-06 whereby the revision has been allowed and the order of the Collector dated 31-7-06 wherein no confidence motion conducted against the petitioner which was held illegal has been set aside.2. It has been stated in the writ petition that the petitioner was declared as elected Sarpanch Gram Panchayat Jigna, Tehsil and District Datia on 16-1-05. A notice was given for calling a meeting of no confidence against the petitioner under the provisions of M.P. panchayat Raj Adhiniyam, 1993 read with Rule 3 of the M.P. Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke Adhyaksha Tatha Upadhyaksha Ke Virudh Avishwas Prastav) Niyam, 1994. It has been further stated that the mandatory notice period of 7 days was not granted while calling the meeting of no confidence motio...
Amit Mishra Vs. General Manager (Transport), M.P. State Civil Supplies ...
Court: Madhya Pradesh
Decided on: Apr-01-2008
Reported in: 2009(2)MPHT11
ORDERRajendra Menon, J.1. Challenge in this petition is made to the order dated 3-10-2005, passed by respondent No. 1, black listing the petitioner for a period of two years and restraining him from participating in further process of tendering for a period of two years. Further direction given in the impugned order for forfeiting the earnest money deposited by the petitioner is also impugned in this petition.2. The petitioner claims to be a proprietary concern, a Govt. contractor and the general order supplier. It is stated that the petitioner was an authorized transporter of the respondent-Corporation for the purpose of supplying food grains to the rural areas of the State of M.P. and particularly in the District of Jabalpur. The petitioner had submitted his tender for the purpose of transportation and movement of food grains for the year 2005-2006. Tender of the petitioner was accepted and an agreement was entered into for the purpose of granting contract to the petitioner. While th...
Chhogalal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2008
Reported in: [2008(118)FLR651]
Viney Mittal, J. 1. This order shall dispose of six writ petitions being W.P. No. 2861/2006(S), W.P. No. 2.862/2006(S), W.P. No. 2863/2006(S), W.P. No. 2864/2006(S), W.P. No. 6702/2006(S) and W.P. No. 310/2007(S) as the facts in these cases are identical and similar contentions have been raised by the learned Counsel for the parties. For the sake of convenience, the facts are borrowed from W.P. No. 2861/2006(S).The petitioner-Chhogalal was initially appointed on the post of Proudh Shiksha Paryavekshak (hereinafter referred to as Adult Education. Supervisor) in the Social Welfare Department of the State Government w.e.f. July 25, 1994. The services of the Adult Education Supervisor were declared surplus and as a result thereof, the said employees were transferred/posted on various posts in the School Education Department. As a matter of fact, the School Education Department was even declared their parent department. Subsequently an order dated June 6, 1998 was issued by the State Govern...
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