Madhya Pradesh Court September 2013 Judgments
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M/S Gemini Fuels Pvt.Ltd. Vs. Asstt. Commissioner
Court: Madhya Pradesh
Decided on: Sep-18-2013
1.... W.P.No.2590 of 2008(O) M/s Gemini Fuels Pvt. Ltd. The Asstt. Commissioner I.T. 18.09.2013 Shri Mukesh Agrawal, Counsel for the petitioner. Shri Piyush Dharmadhikari, G.A. for the respondents. This order shall decide W.P. No.2590 of 2008(O), W.P.No.2808 of 2008(O), W.P.No.4799 of 2009(O), W.P.No.4807 of 2009(O), W.P.No.4810 of 2009(O) and W.P.No.4811 of 2009(O) as the identical question based on similar set of facts is involved in all the matters. For the convenience, facts are taken from W.P.2590 of 2008 [M/s Gemini Fuels Pvt. Ltd. vs. The Assistant Commissioner Commercial Tax, Katni].. Petitioner has sought following reliefs :- 1. To call for the records from the respondents pertaining to the impugned order and other proceedings including record and proceedings of task force in the case of the petitioner.2. To hold that petitioner's industrial unit was engaged in manufacturing of coal briquettes, 3. To hold that exemptions cannot be denied on the erroneous findings of the Specia...
Ram Naresh Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-2013
W.P.No.11123 / 2013 (Ram Naresh Mishra..Vs...State of M.P.& another) 18-09-2013 Shri Parag Chaturvedi, learned counsel for the petitioner. Shri Akash Chaudhary, learned P.L.for the State/respondents. Heard on the question of admission. The petitioner has filed this petition being aggrieved by the order dated 23-3-2013 by which the respondent No.4 has been appointed as enquiry officer, who conducted the preliminary fact finding enquiry in the departmental enquiry initiated against the petitioner. It is submitted by the learned counsel appearing for the petitioner that the authority has already given an incorrect finding to the effect that the land in question is revenue land whereas it is a notified forest land and in the circumstances the concerned authority has already made up its mind against the petitioner and, therefore, the order appointing him as enquiry officer in the departmental enquiry against the petitioner is contrary to the principles of natural justice and is vitiated on ...
Rakesh Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-2013
CRA No.2237/2006 1 HIGH COURT OF MADHYA PRADESH JABALPUR DIVISION BENCH: Honble Shri Justice A.K. Shrivastava, & Hon'ble Shri Justice G.S. Solanki CRIMINAL APPEAL No.2237/2006 .........Appellant: Rakesh Singh s/o Mathura Singh R/o village Badi Chamadhiya P.S. Naigarhi, District Rewa Versus .......Respondent : State of Madhya Pradesh through P.S. Naigarhi, Dist. Rewa ------------------------------------------- Shri P.S. Gaharwar, Advocate for the appellant. Shri C.K. Mishra, Public Prosecutor for the respondent/ State. ------------------------------------------- JUDGMENT (Delivered on this 18th day of September, 2013) Per Justice A.K. Shrivastava: Feeling aggrieved by the judgment of conviction and order of sentence dated 23.9.2006 passed by learned Additional Judge to the Court of Additional Sessions Judge, Mauganj, District Rewa in Sessions Trial No.10/2006 convicting the appellant under Section 302, 307, 435 and 456 IPC and thereby CRA No.2237/2006 2 sentencing him to suffer differen...
Nandini Chakravarty Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-2013
W.P.No.15928/2013 Nandini Chakravarty vs. State of M.P. & ORS.1 18.09.2013 Shri Abhijeet Bhowmik, learned counsel for the petitioner. Shri S.M.Lal, learned Govt. Advocate, for the respondent/State, on advance copy. The default, pointed out by the office, be ignored. Heard on the question of admission and interim relief. The petitioner has filed this petition seeking a direction to the respondent authorities to permit the petitioner to participate in the counselling for Samvida Shala Shikshak Grade-III. It is submitted by the learned counsel for the petitioner that the petitioner is a holder of Diploma in Pre-Primary Montessori Teaching which is equivalent to Diploma in basic training as per the instructions issued by the respondent State and, therefore, the petitioner is entitled to be appointed on the post of Samvida Shala Shikshak Grade-III but the respondent authorities are not doing so. The question as to whether the petitioner holds the requisite qualifications or not or the qual...
The State of Madhya Pradesh Vs. Ranjeet
Court: Madhya Pradesh
Decided on: Sep-18-2013
Miscellaneous Criminal Case No.11964/2011 18.9.2013 Shri S.K.Kashyap, Government Advocate, for the State/ applicant. Heard on admission. This is an application for grant of leave to appeal filed by the State against the acquittal of respondents of the charges under sections 449, 120-B, 302 and 201 of the Indian Penal Code except respondent no.5 Jhurmul Bai who has been convicted under section 201 of the Indian Penal Code and sentenced to six years rigorous imprisonment with fine stipulation. The case of prosecution was that respondent no.5 Jhurmul Bai was married to Shankar Singh and their son is Sonu who is minor. Jhurmul Bai suspected Shankar Singh was having illicit relations with Sadhna (P.W.15).She, therefore, instigated Sonu to finish him. Sonu then, in furtherance of common intention with respondent nos.1 to 4 and 6, committed the murder of Shankar Singh. There is no eyewitness to the incident. Baskar Bai (P.W.13).relative of Jhurmul Bai, has testified that after the incident wh...
Narmada Mission Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-2013
W.P.No.5347 of 2013 (PIL) 1 Narmada Mission vs The State of M.P. & others 18/09/2013 Shri G.P. Singh, Advocate for the petitioner. Shri P.K. Kaurav, Additional Advocate General for the respondent Nos. 1, 2, 4, 6, 7 & 8/State. Shri Vijay Pandey, Advocate for the respondent No.3. Shri Anshuman Singh, Advocate for the respondent No.5. The petitioner sought the following reliefs:- (a) to direct the respondents and all other local authorities including Municipal Corporation, Municipalities, Zila Panchayat, Panchayats and M.P. Pollution Control Board to take all possible measures to prevent the water pollution within the State during Ganesh festival, Durga Festival etc. (b) to direct the respondents to comply the guidelines framed by Central Pollution Control Board (Ministry of Environment and Forests) for Idol Immersion. (c) Respondent No.1 may be directed to give directions to the Idol makers to prepare the idol of Lord Ganapati and Idol of Goddess Ma Durga etc. in clay to paint them only ...
Union of India Vs. Ideal Carpets Ltd.
Court: Madhya Pradesh
Decided on: Sep-18-2013
R.P.No.719 of 2013 1 Union of India and others vs Ideal Carpets LTD.18/09/2013 Shri S.A.Dharmadhikari, Advocate for the petitioneRs.Smt. Sudha Pandit, Advocate for the respondent. This Review Petition is barred by limitation by 182 days, for which, the petitioners have filed an application I.A.No.9967 of 2013 seeking condonation of delay. For the reasons stated in the application supported by an affidavit, delay in filing this Review Petition is condoned. Heard on merit. This Review Petition is directed against an order dated 28/01/2013 passed in W.P.No.16467 of 2012, by which, a writ petition preferred by the respondent was finally disposed of with certain directions. Learned counsel for the petitioners submits that for release of goods, the respondent is required, not only to deposit 20% of the provisional duty, but also an amount of the provisional duty as may be assessed by the proper officer and in this regard direction No.1 of the order deserves to be reviewed. By the order dated...
Rammilan Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-2013
1 Writ Petition No.16802/2012 18.09.2013 Shri Rajendra Mishra, Advocate for the petitioner. Shri Piyush Dharamadhikari, Govt. Advocate for the respondents. Heard. The petitioner has sought following reliefs :- i) That the Honble Court may be pleased to call upon the authority of the respondents to certify to this court the record of action taken by them in respect of providing a safe and free passage to villagers of Rasuaiya Bhatan specially that on the representations submitted by the villagers and assurances given to them. ii) That, this Honble Court may be pleased to command the respondents to provide to villagers of village Rasuaiya Bhatan a free and safe passage to village Dhadari and there from to the main road to Chhattarpur the District Head Quarter. iii) Any other writ, direction or order as this Honble Court may deem fit in the facts and circumstances of the case may please also be issued in favour of the villagers of village Rasuaiya Bhatan including awarding the cost of the...
Saraswati Nageshwar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-2013
W.P.No.15899/2013 Saraswati Nageshwar vs. State of M.P. & ORS.1 18.09.2013 Shri V.K.Shukla, learned counsel for the petitioner. Shri S.M.Lal, learned Govt. Advocate, for the respondent/State, on advance copy. Heard on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 31.8.2013 by which she has been transferred from R.E.S Sub Division Chapara District Seoni to Janpad Panchayat Ghansour. It is submitted by the learned counsel for the petitioner that the petitioner has delivered a child recently and is therefore unable to join at her transferred place. It is further submitted that as per the Government policy, husband and wife are to be posted at one place. It is also submitted that the impugned order is contrary to the transfer policy. A Division Bench of this Court in the case of R.S.Chaudhary versus State of M.P.and OtheRs.ILR [2007].MP1329 has already held that in case transfer is alleged to be contrary to the policy, ...
Smt. Bhawna Chouhan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-18-2013
W.P.No.15826/2013 Smt. Bhawna Chouhan vs. State of M.P. & ORS.1 18.09.2013 Shri R.K.Tiwari, learned counsel for the petitioner. Shri S.M.Lal, learned Govt. Advocate, for the respondent/State, on advance copy. Heard on the question of admission and interim relief. The petitioner, who is working as a Pharmacist, has filed this petition praying for a direction to the respondent authorities to comply with the order passed by the Director, Health Services, Bhopal dated 28.1.2005. It is submitted by the learned counsel for the petitioner that the respondent authorities are not complying with the order passed by the Director and in this respect the petitioner has filed a representation before the Principal Secretary of the department concerned but no decision thereon has been taken till date. Having heard the learned counsel for the petitioner, it is observed that it is for the authorities themselves to ensure that their subordinates follow the directions issued by them. In the circumstances...
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