Madhya Pradesh Court February 2009 Judgments
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M.P. Paschim Kshetra Vidyut Vitran Company Limited Vs. Electricity Con ...
Court: Madhya Pradesh
Decided on: Feb-06-2009
Reported in: AIR2009MP200; 2009(2)MPHT324
ORDERViney Mittal, J.1. This order shall dispose of three writ petitions being W.P. No. 147/2009, W.P. No. 6337/2008 and W.P. No. 7555/2008, as all the three writ petitions have arisen out of common proceedings/orders passed by the Electricity Consumer Grievances Redressal Forum, Indore (hereinafter referred to as 'Consumer Forum'), and pertain to a controversy between M.P. Paschim Kshetra Vidyut Vitran Company Limited (hereinafter referred to as 'Vitran Company') and the Company M/s. R.K. Ferro Alloys Private Limited (hereinafter referred to as 'the applicant-Company'). Whereas two writ petitions, W.P. No. 7555/2008 and W.P. No. 6337/2008 have arisen out of the interim orders passed by the Consumer Forum Writ Petition No. 147/2009 has arisen out of a final order passed by the Consumer Forum, whereby the application/complaint filed by the applicant-Company has been allowed. As a matter of fact, on passing of the final orders by the Consumer Forum, the two writ petition, W.P. No. 7555/2...
Vikram Cement Vs. Additional Commissioner of Commercial Tax and anr.
Court: Madhya Pradesh
Decided on: Feb-06-2009
Reported in: (2009)26VST592(MP)
A.M. Sapre, J.1. The decision rendered in this writ shall also govern the disposal of other connected writ petitions being W.P. Nos. 419 of 2003, 1484 of 2002, 1485 of 2002, 896 of 2006 and 2047 of 2006, because all these writs are filed by same petitioner and secondly, these petitions involve identical points.2. By filing this writ under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the revisionary order dated November 18, 2002 passed by Additional Commissioner, Commercial Tax, Indore in Revision No. 13/02/Ujjain/Entry Tax (annexure C), which in turn arises out of assessment order dated October 19, 2001 passed by the Assistant Commissioner, Commercial Tax (Assessing officer) in case No. 10/99) (Annexure B).3. The petitioner is engaged in the business of manufacture and sale of cement. The petitioner is registered as a dealer under the provisions of the M.P. General Sales Tax Act, 1958 (since repealed and replaced by Commercial Tax Act) and is assessed...
Kailash Swarnkar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-05-2009
Reported in: 2009(2)MPHT317
ORDERS.C. Sharma, J.1. The petitioner before this Court who is a visually disabled person has filed this present petition claiming appointment on the post of Stenographer. He has also prayed for quashing of appointment of respondent No. 3.2. In the present case, the petitioner has contended in the writ petition that he is a visually disabled person on account of Heredo Macular Degeneration and his disability has been assessed as 65%, a certificate to that effect is enclosed as Annexure P-2. The petitioner has obtained a degree of Bachelor of Arts and has also qualified Typing Examination conducted by the M.P. Board of Shorthand and Typing Examination in the year 1991. The petitioner has also successfully cleared the Shorthand Examination from a recognized board and a certificate to that effect is also on record. The petitioner also belongs to the Other Backward Class and a certificate to that effect is also enclosed as Annexure P-7. It has been contended by the petitioner that the Stat...
Rajkumar Patel Vs. Shivraj Singh Chouhan
Court: Madhya Pradesh
Decided on: Feb-05-2009
Reported in: 2009(2)MPHT285
ORDERR.C. Mishra, J.1. Heard on I.A. No. 2/2009, that has been moved for grant of adjournment on the ground that the petitioner is not medically fit to give evidence. In support thereof, a certificate, issued on behalf of Chirayu Health and Medicare (P) Ltd., Bhopal, to the effect that the petitioner is suffering from disc-prolapse has been filed.2. Opposing the prayer vehemently, the learned Senior Counsel has submitted that it is yet another attempt to protract the election trial. According to him, he has credible information that the petitioner was seen roaming in Bhopal yesterday only. Placing reliance on a decision of the Apex Court in Mohandas v. Ghisia Bai AIR 2002 SC 2436, he has emphatically contended that the petition deserves to be dismissed under Order XVII Rule 2 of the Civil Procedure Code (for brevity 'the Code'), in view of petitioner's failure to enter into the witness box even after obtaining a series of adjournments for the purpose during the period commencing from 1...
Doma Vs. Saya Bai and anr.
Court: Madhya Pradesh
Decided on: Feb-05-2009
Reported in: 2009(2)MPHT533
ORDERArun Mishra, J.1. A final decision rendered by the Trial Court in a case under Section 6 of the Specific Relief Act, 1963, has been questioned in the instant writ petition.2. The Trial Court has dismissed the suit filed under Section 6 of the Specific Relief Act by the impugned judgment and decree.3. Shri Santosh Jain, learned Counsel for respondents, has raised preliminary objection with respect to the maintainability of the writ petition. He has submitted that as the decision is final as provided under Section 115 of the Code of Civil Procedure, revision would lie not writ petition.4. Shri Subodh Kathar, learned Counsel for petitioner, has relied upon Sub-section (3) of Section 6 of the Specific Relief Act, 1963 in which it has been provided that no appeal shall lie from any order or decree passed in any suit instituted under this section nor shall any review of any such order or decree be allowed. Thus, petitioner's Counsel has submitted that revision would not be maintainable ...
Jamshed Bahadur Vs. Rashida Bee (Smt.) and anr.
Court: Madhya Pradesh
Decided on: Feb-04-2009
Reported in: 2009(2)MPHT280
U.C. Maheshwari, J.1. The appellant/defendant No. 1 has directed this appeal under Section 100 of the CPC being aggrieved by the judgment and decree dated 21-7-93 passed by the District Judge, Sehore in Civil Regular Appeal No. 24-A/93 confirming the ex parte judgment and decree dated 2-3-93 passed by the IInd Civil Judge Class II, Sehore in Civil Original Suit No. 158-A/92, whereby the suit of the respondent for possession of the disputed land and mesne profit, has been decreed ex parte.2. The brief facts giving rise to this appeal are that the respondent herein filed the aforesaid suit for possession and mesne profit against the appellant with respect of the agricultural land bearing Survey No. 371/1/1 area 2 acre, situated in Village Bhaukhedi Tehsil Ichchawar. After filing the suit, the summons was directed against the appellant. The same was not served for two occasions, on which, the respondent filed an application under Order 5 Rule 20 of the CPC for substituted service. The ser...
Basu @ Basantsingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2009
Reported in: 2010(1)MPHT327
ORDERShubhada R. Waghmare, J.1. By this revision, filed under Section 397 read with Section 401 of the Cr.PC, the applicant Basu has challenged the order dated 12-7-2007. By the impugned order, learned Judge of the Sessions Court, Ujjain has in Criminal Appeal No. 236/2007 held that the benefit is not available to the applicant under Section 428 of the Cr.PC seeking set off since he was incarcerated in jail for other offence than the offence impugned in Appeal No. 236/07 and since it was contrary to the provisions made under Section 428 of the Cr.PC.2. Counsel for the appellant has stated that such an interpretation of Section 428 of the Cr.PC is contrary to the provisions of law, since if the fact of the case concerned are considered, it would be found that the applicant is entitled to the set off and the entire period of imprisonment ordered by the Trial Court for offence under Sections 5/14 of the M.P. State Security Act amounting to one year Rigorous Imprisonment and fine of Rs. 50...
Ramakant Choudhary and ors. Vs. District and Sessions Judge and anr.
Court: Madhya Pradesh
Decided on: Feb-03-2009
Reported in: 2009(5)MPHT81
ORDERRajendra Menon, J.1. As the questions involved and the legal issues are common, all the three petitions are being heard and decided by this common judgment.2. For the sake of convenience averments made and the documents filed in W.P. No. 5131/2005 (S) is referred to.3. Petitioners in all these three petitions submitted applications in the office of District and Sessions Judge, Guna, seeking appointment in pursuance to the advertisement issued vide Annexure A-l. By the aforesaid advertisement process for recruitment to the post of Process Writer (Assistant Grade III) were initiated. The recruitment was for filling up seven posts. Out of the seven posts of Process Writer, one post was reserved for Scheduled Caste candidate, one for Scheduled Tribe, one for OBC and four for General Candidate. Petitioner Ramakant Choudhary in W.P. No. 5131/2005 (S) submitted his application seeking appointment on a post reserved for Scheduled Caste candidate. Petitioner Sunil Sharma in W.P. No. 5133/2...
Rajbahadur Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-02-2009
Reported in: 2009(1)MPHT532
ORDERSanjay Yadav, J.1. Validity of orders passed on 17-9-2007, 27-5-2008 and 3-9-2008 are called in question in present writ petition under Article 226/227 of the Constitution of India. By order passed on 17-9-2007, the gun licence of the petitioner was revoked, whereas by order passed on 27-5-2008, appeal preferred by the petitioner was dismissed and by order dated 3-9-2008 Second Appeal preferred by petitioner was dismissed being not maintainable.2. The petitioner was the holder of arms licence No. MPC HP/STE/3/1/2003 granted to him under the provisions of Arms Act, 1959. While he was holding the licence, a report was furnished by the Superintendent of Police, Chhatarpur on 8-12-2004 to District Magistrate Chhatarpur/Licensing Authority, recommending therein the revocation of gun licence because of the involvement of petitioner in number of criminal cases, viz., Crime No. 71/82 under Section 302, IPC, Crime No. 83/02 under Section 25/27, Arms Act, Crime No. 64/87, Sections 302, 404,...
Shyamacharan Paul and anr. Vs. Roopali Promoters and Construction and ...
Court: Madhya Pradesh
Decided on: Feb-02-2009
Reported in: AIR2009MP117; 2009(3)MPHT113
Dipak Misra, J.1. In this intra Court appeal, the challenge is to the order dated 12-9-2008 passed by the learned single Judge in Writ Petition No. 14545/2007.2. The appellants as petitioners invoked the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India calling in question the legal validity of the order dated 25-8-2007 passed by the learned Second Additional District Judge, Jabalpur in Civil Suit No. 16453/2007. The learned single Judge has concurred with the conclusion recorded by the trial Judge whereby he had held that the appellants as plaintiffs were required to affix the ad valorem Court-fee for declaring the sale-deed 11-5-2004 registered on 12-5-2004/14-5-2004 as null and void.3. We have heard Mr. Shripal Jain, learned Counsel for the appellants, on the question of admission. It is submitted by Mr. Jain that the plaintiff were trying to avoid the sale-deed and, therefore, they are only required to pay the fixed Court-fee.4. On a perusal of...
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