Madhya Pradesh Court July 2008 Judgments
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Mehboob Khan Vs. Lallu Bhai and ors.
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: 2008(5)MPHT95
ORDERAbhay M. Naik, J.1. Petitioner is a candidate whose election on the post of Member, Janpad Panchayat Ajaygarh has been declared as void by the Collector-cum-Specified Officer, District Panna, vide order dated 10-3-2008 marked as Annexure P-1.2. Petitioner was elected as Member of Janpad Panchayat Ajaygarh on 27-1-2005. His election was challenged by respondent No. 1 by filing Election Petition under Section 122 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, mainly on the following grounds:(i) Petitioner suppressed his agricultural land situated at VillageChandrawal and Pugri;(ii) He suppressed LIC Policy bearing No. 312195051. He did not mention about the tractor and motorcycle which were owned by him;(iii) Petitioner acted with cruelty and ousted his wife who was having pregnancy of six months. He was having already three children prior to 26-1-2001;(iv) Petitioner was in arrears of land revenue;(v) Petitioner did not disclose the aforesaid facts in the nominat...
Employees' State Insurance Corporation Vs. Reliable Carriers Private L ...
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: [2008(119)FLR1133]; (2009)IILLJ369MP; 2008(5)MPHT88
ORDERU.C. Maheshwari, J.1. This appeal is directed by the appellant Corporation under Section 82 of Employees State Insurance Act, 1948 (in short 'the Act') being aggrieved by the order dated 27-3-2002 passed by the ESI-cum-Labour Court No. 1, Bhopal in Case No. 28/ESI/94 whereby quashing the notice/order bearing No. 1117, dated 16-9-1994 issued by the appellant against the respondent for recovery of damages Rs. 49,607/- imposed on account of failing in depositing the contribution with in prescribed period by the respondent, such 100% amount of damages is reduced to 25% with a direction to deposit the same within one month.2. The facts giving rise to this appeal in short are that the respondent being registered Private Ltd. Company is involved in transport business, filed an application under Section 75 of the Act in the Tribunal contending that in accordance the order of the appellant bearing No. 3295, dated 22-7-1987, directing to deposit the contribution Rs. 49623/- for the period o...
Sanjeev Yadav Vs. Lakshmibai National Institute of Physical Education ...
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: 2008(5)MPHT366
Subhash Samvatsar, J.1. This judgment shall govern the disposal of both the writ appeals as they arise out of the common order dated 9th October, 2006 passed by Single Bench of this Court in Writ Petition Nos. 3417/05 and 3887/05 whereby the Single Bench has dismissed both the aforesaid writ petitions filed by petitioners, appellants herein challenging their termination orders.2. Facts of the case, in brief, are that Lakshmibai College of Physical Education, Gwalior was established on 17-8-1957 by the then President of India S. Radhakrishnan with a total strength of 27 students in Bachelor of Physical Education. At that time, the said College was affiliated to Vikram University, Ujjain. In the year 1963, two years Master Degree Course in Physical Education was commenced and in the year 1964, the College was affiliated to Jiwaji University, Gwalior. In the year 1976, it was granted national status and renamed as Lakshmibai National College of Physical Education. On 2-9-1995, the Governm...
S.P. Anand Vs. Registrar General
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: AIR2009MP1
A.K. Patnaik, C.J.1. This is a reference made to the Full Bench by a Division Bench of this Court in a pending Public Interest Litigation filed by the petitioner under Article 226 of the Constitution of India.2. The relevant facts for appreciating why the reference has been made to the Full Bench are that the petitioner filed Writ Petition No. 988 of 1999 as a Public Interest Litigation (for short 'PIL') challenging the grant and payment of pension to Ex-Legislators of the State of Madhya Pradesh as well as the vires of the M.P. Vidhan Sabha Sadasya Vetan Tatha Bhatta Tatha Pension Adhiniyam. A Division Bench of this Court hearing the PIL found that the issue raised in the PIL had already been settled by another Division Bench of this Court in Raghu Thakur v. State AIR 1997 MP 223 and the grant and payment of pension to Ex-Legislators had been held as intra vires the Constitution. The Division Bench further held in the order dated 9-9-1999 in W.P. No. 988 of 1999 reported in 2000 (2) M...
Dilip Kaushal and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: AIR2008MP324:2009(1)AIRKarR61(F.B)
A.K. Patnaik, C.J.1. This is a reference made to this Full Bench by order dated 21-8-2007 passed by a Division Bench of this Court in W.P. No. 5807 of 2006.2. The two petitioners, a Corporator of the Indore Municipal Corporation and a Mechanical Engineer, have filed this Public Interest Litigation under Art. 226 of the Constitution questioning the lay out sanctioned by the Indore Municipal Corporation for construction of a building of the respondent No. 4. On 21-3-2006, the Division Bench issued notices in the writ petition and directed that the interim prayer shall be considered after service of notices on the respondents. Thereafter, the respondent No. 4 appeared and raised a preliminary objection that an alternative remedy was available to the petitioner under Sub-section (5) of Section 307 of the M.P. Municipal Corporation Act, 1956 (for short 'the Act of 1956') to apply to the District Court for an injunction for removal or alteration of the building. The counsel for the petitione...
Lakhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: 2009(1)MPHT208
ORDERN.K. Mody, J.1. This order shall also govern the disposal of Cr.R. No. 436/08, as in both these revisions parties are one and the same and the order under challenge is also relating as to whether the petitioner is juvenile or not.In Cr.R. No. 436/08 the order under challenge is dated 8-1-2008 passed by JMFC, Indore in the MJC No. 221/07, whereby the learned Trial Court has held that the age of the petitioner is more than 18 years. In Cr.R. No. 738/08 the order under challenge is dated 30-4-2008 passed by Juvenile Court, Indore Criminal Case No. 249/07. A copy of this order be also retained in the record of Cr.R. No. 436/08.2. Short facts of the case are that the petitioner is an accused for an offence punishable under Sections 395 and 397 of IPC for which S.T. No. 366/07 is pending, in which the date of offence is dated 28-3-2007. Another case is pending against the petitioner is for the offence punishable under Sections 302, 394 and 397 of IPC, wherein the date of offence is 29-3...
Addl. Commissioner of Sales Tax and ors. Vs. S. Kumar Limited
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: (2009)19VST573(MP)
ORDERS.K. Kulshrestha, J.1. The Division Bench while considering the appeal of the State Government against the Order dated May 4, 2006, passed by the learned single judge in Writ Petition No. 1169 of 2004, has referred the following question for consideration of the larger Bench in view of the cleavage of opinion between decisions rendered by the Full Bench, the Division Bench and the single Bench:Whether coal ash is a part of cinder and covered by the term 'coal' in entry No. 22 in Part V of Schedule II of the Commercial Tax Act or the said commodity would be taxable under entry 39 in Part IV?2. Initially a three-judge Bench was constituted to consider the said question, but the Bench on being apprised that the question also involves the legality of the decision of the Full Bench in Hukumchand Mills Ltd. v. Commissioner of Sales Tax , on being requested by the Full Bench of three judges, the honourable Chief Justice has constituted this Bench comprising five judges.3. The appeal befo...
Vijitraj Patni Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jul-31-2008
Reported in: [2009]308ITR345(MP)
1. Heard Mr. A. P. Shrivatava, learned Counsel for the appellant and Mr. Sanjay Lal, learned Counsel for the Revenue.The present appeal preferred under Section 260A of the Income-tax Act, 1961, involved the following substantial question of law:Whether the Tribunal is justified in rejecting the appeal of the assessee on the ground that no specific ground was advanced with regard to the maintainability of assessment under Section 158BC of the Income-tax Act, 1961?2. Mr. A.P. Shrivastava, learned Counsel appearing for the appellant-assessee submitted that error has crept in the order of the Tribunal inasmuch as on grounds of appeal, the said issue was raised.3. It is also urged by him that the assessee had submitted written note of submission wherein emphasis was laid on the aspect that the assessment made under Section 158BC was not maintainable in view of the provisions contained under Section 132A of the Act. The said written note of submission dated November 29, 2005, was brought on ...
Kewal Kumar Jaggi Vs. Vinod Kumar Sahu and Smt. Shradha Sahu
Court: Madhya Pradesh
Decided on: Jul-30-2008
Reported in: 2008(4)MPHT210
ORDERS.C. Sinho, J.1. This order shall govern the disposal of aforesaid two M.Cr.C. under Section 482 of Cr.PC because the same legal point (complaint under Section 138 of Negotiable Instrument Act was signed by non-applicant advocate on basis of memo of appearance duly signed by non-applicants) is involved in both the cases. Learned JMFC Jabalpur in R.T. No. 29/2003 and 193/2002, dismissed the objection raised by applicant on the ground of maintainability.2. These complaints under Section 138 of Negotiable Instruments Act 1881 (hereinafter referred as to 'Act 1881') was filed by respondents with the signature of his Advocate Shri Surendra Verma. Applicants filed an application for quashing the complaint on the ground these complaints have been filed without the signature of the complainant and they are signed by their Advocate on the basis of memo of appearance. As the learned Magistrate in impugned order dated 12-12-2005 has held that he has already taken cognizance therefore he cann...
Oriental Insurance Co. Ltd. Vs. Rekha and ors.
Court: Madhya Pradesh
Decided on: Jul-30-2008
Reported in: 2008ACJ403
S. Samvatsar, J.1. This order shall govern the disposal of above-mentioned appeals and revisions, as the same are arising out of the same accident. These cases are filed by the insurance company challenging the awards passed by the Presiding Officer, Motor Accidents Claims Tribunal, Shivpuri, impugned under those cases by which the Claims Tribunal has awarded compensation to the claimants and held the insurance company liable to pay compensation. These cases are filed by the insurance company challenging its liability.2. In Misc. Appeal No. 791 of 2006 the claimants have filed cross-objection for enhancement of compensation. Mr. Sunil Jain, the learned Counsel for the claimants at the time of hearing submits that he does not want to press the cross-objection. Accordingly, the cross-objection filed by the claimants is hereby dismissed as not pressed.3. Brief facts of the case are that on 6.7.2005 deceased and injured persons were travelling in a vehicle bearing registration No. MP 33-G ...
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