Madhya Pradesh Court April 2014 Judgments
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Association of Civil Engineers of Madhya Pradesh (Bhopal Unit) Vs. Sta ...
Court: Madhya Pradesh
Decided on: Apr-04-2014
A.M. Khanwilkar, CJ. (Oral): 1. This petition takes exception to Rule 26 of the Madhya Pradesh Bhumi Vikas Rules, 2012, being ultra vires Article 14, 19 and 21 of the Constitution of India and also repugnant to various provisions of the National Building Code, 2005. 2. Indubitably, rule 26 of the Rules of 2012 is an enabling provision empowering the Authority to issue licences to the Structural Engineers, Engineers, Supervisors and Town Planner, who possess the minimum qualifications as laid down in sub rule (2). Sub rule (2) provides for qualification prescribed for grant of licence to an Engineer etc. Sub rule (3) envisages mechanism to be followed for grant of licence and sub rule (4) obligates the Authority to maintain a register in respect of persons to whom licence is issued or renewed. The relevant portion of Rule 26 with which we are concerned reads thus :- 26. Licensing of Engineer, etc.-(1) . (9) An Architect or a licensed Structural Engineer/Engineer/Supervisor/Town Planner ...
Centre For Development Communication Jaipur and Another Vs. Dr. Pawan ...
Court: Madhya Pradesh
Decided on: Apr-03-2014
B.D. Rathi, J: 1. This contempt petition has been preferred by the petitioner for non-compliance of the orders passed by this Court dated 28-8-2009 and 9-9-2009 in Writ Petition No. 3847/2009 and also for non-compliance of the order dated 15-9-2009 in Writ Petition No. 4284/2009. 2. Feeling grievance of public at large, one writ petition bearing No. 8380/2003 was filed in the nature of pro bono publico as the Municipal Corporation, Gwalior was in dire need of an agency which can look after and supervise the work of lifting of garbage in the city. Facing with strict directions issued by this Court in the said writ petition, Municipal Corporation, Gwalior has decided to float the tender in order to assign the work of lifting of solid waste material within the Gwalior municipal limit. In the aforesaid process, the tender was awarded to the petitioners on 29-5-2007 and thereafter petitioners were directed to start the contracted work w.e.f. 17-7-2007. 3. After entering into contract, petit...
Sonu Dubey Vs. Virendra Kumar Rai and Others
Court: Madhya Pradesh
Decided on: Apr-03-2014
Alok Aradhe, J. 1. With consent of the parties, the matter is heard finally. In this writ petition under Article 227 of the Constitution of India, the petitioners have challenged the validity of the order dated 17-7-2013 passed by the trial Court by which application for amendment of the written statement filed by respondents No. 2 to 5, has been allowed. 2. Facts giving rise to filing of the writ petition briefly stated are that the petitioner/plaintiff filed the suit inter alia on the ground that one Vishnu Prasad was the owner of certain lands. Aforesaid Vishnu Prasad had two wives. The plaintiffs are the children from the second wife whereas, defendant No. 2 is the first wife of late Vishnu Prasad and defendants No. 3 to 5 are children from the first wife. After the death of Vishnu Prasad, the property held by him devolved on plaintiffs as well as defendants No. 2 to 5. However, defendants No. 2 to 5 unilaterally sold the suit property to defendant No. 1. Thereupon, the plaintiffs ...
Regional Provident Fund Vs. M/s. Bharat Sewak Samaj Higher Sec. School
Court: Madhya Pradesh
Decided on: Apr-02-2014
Challenge in this writ petition under Article 226 and 227 of the Constitution is made to an order dated 24.11.2010 passed by the Employees Provident Fund Appellate Tribunal, New Delhi exercising its power under Section 7(I) read with Section 7(L) of the Employees Provident Fund and Miscellaneous Act, 1952. In the matter of assessment of damages and interest under Section 14(B) and 7Q of the Employees Provident Fund and Miscellaneous Act, 1952, as the Appellate Tribunal has restricted the damages and interest to 50%, the department feels aggrieved and this petition has been filed. Facts in nut-shell goes to show that the respondent Institute is an education institute and carries out educational activities. It is a grant-in aid institute and was receiving grant from the State of Madhya Pradesh in the matter of payment of salary and allowances to the Teachers. In the State of Madhya Pradesh the payment of grant was controlled by the provisions of the M.P. Ashashaskiya Shikshan Sansthan (A...
Jaldevi and Another Vs. Matadeen and Others
Court: Madhya Pradesh
Decided on: Apr-02-2014
Rohit Arya, J: 1. Heard on the question of admission. 2. This appeal under Section 100 of C.P.C. is directed against the judgment and decree dated 14-1-2011 passed by Third Additional District Judge, Bhind in Civil Appeal No. 15/2009; reversing the judgment and decree dated 27-7-1998 passed by First Civil Judge, Class-II, Bhind in Civil Suit No. 200-A/1997. 3. Appeal is admitted on following substantial question of law:-- "Whether, on facts and in the circumstances of the case, the First Appellate Court was justified in reversing the judgment and decree of the Trial Court, in light of Section 82 of Madhya Bharat Land Revenue and Tenancy Act, Samwat, 2007, keeping in mind the concurrent findings as regards death of Chinku during the period 1953 to 1955?" 4. Facts necessary for disposal of this appeal in narrow compass are that agricultural land admeasuring 15 biga 10 biswa was jointly owned by Kandhole, Churaman and Chinku. Kandhole was having = share of the suit land whereas Churaman a...
Rajendra Shankar Shukla Vs. Ramdev Sahu and Another
Court: Madhya Pradesh
Decided on: Apr-02-2014
Oral Order: Heard. 1. This petition under Article 227 of the Constitution of India, has been preferred by the petitioner aggrieved by order dated 24-12-2013 passed by the Rent Controller, whereby the Rent Controller, as a measure of interim relief, has directed recovery of possession and eviction of the petitioner-tenant. 2. Learned Counsel for the petitioner submits that the petitioner is validly inducted tenant of the premises. The respondent No. 1/landlord filed an application before the Rent Controller for eviction of the petitioner under the provisions of the C.G. Rent Control Act, 2011 (hereinafter referred as the Act of 2011 ). When the petitioner received a notice of the case, reply to application for interim relief was filed by the landlord. The case was taken up for consideration of interim relief and by interim order, the Rent Controller had directed delivery of possession of the tenanted premises to the landlord, which is in excess of jurisdiction. 3. On the other hand lear...
Vandna Dhakad Vs. State of Madhya Pradesh and Another
Court: Madhya Pradesh
Decided on: Apr-02-2014
B.D. Rathi, J: 1. This petition has been preferred under Article 226/227 of the Constitution of India being aggrieved from the order dated 29.6.2005 Annexure P/1 passed by High Level Committee constituted by the State Government under the directions of the Supreme Court in the case of Madhuri Patil v. Additional Commissioner, Tribal Development, AIR 1995 SC 94. 2. Brief facts of the case are that father of the petitioner Shri Om Prakash Dhakad was migrated from the State of Rajasthan to the State of Madhya Pradesh. The petitioner-Vandna Dhakad has born on 17.1.1975 in Mandsor (State of Madhya Pradesh). Her father was posted as Temporary Sub Inspector in the State of Madhya Pradesh. The petitioner and her father belongs to "Dhanuk" caste which is declared as Scheduled Caste in the State of Madhya Pradesh as well as in the State of Rajasthan. Since the petitioner was born in the State of Madhya Pradesh and is continuously residing in the State of Madhya Pradesh since her birth. The caste...
Srinath Awas Vikas Pvt. Ltd., Gwalior Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Apr-02-2014
B.D. Rathi, J. 1. This writ petition has been preferred by the petitioner being aggrieved by the notice dated 18-12-2008 Annexure P/1 issued by respondent No.4 Commissioner Municipal Corporation Gwalior alleging that by making encroachment over the Government land petitioner has unauthorizedly raised the construction of boundary wall and one room over it and therefore, petitioner is required to remove the said encroachment within 24 hours else respondent No.3 shall remove the said encroachment in exercise of powers conferred under Section 318(2)(3) and 322(3) of the Municipal Corporation Act. 2. As per petitioner, it is a company registered under Indian Companies Act, 1956. The disputed property was purchased by the petitioner company from Ashok Kumar Shukla vide registered sale deed dated 29-01-1999 Annexure P/4. and since then petitioner company is in possession of said property in the capacity of owner. The boundary wall and one room as referred in the impugned notice. was already c...
Dabbal and Others Vs. Oriental Insurance Co. Ltd. and Another
Court: Madhya Pradesh
Decided on: Apr-01-2014
Even though notice was issued to respondent No.2 and the matter is pending since 2009, none is appearing for the said respondent. Challenge in this writ petition under Article 227 of the Constitution is made to an order dated 25.3.2009 passed by the 5th Motor Accident Claims Tribunal, Chhindwara in Execution Case No.109/2002. By the said order an application filed by petitioners for execution and recovery of a sum of Rs.50,000/- awarded under the provisions of 140 of Motor Vehicles Act against the respondent No.2 owner of the vehicle is rejected. Arising out of the death of one Shankar @ Bhoora, son of petitioners No.1 and 2 and husband of petitioner No.3 and father of petitioner No.4. The claim petition was filed under Section 166 of Motor Vehicles Act claiming the compensation of Rs.5 Lacs. In the said proceeding pending under Section 166 an application was filed under Section 140 of the Motor Vehicles Act claiming interim compensation. This application was allowed and vide order dat...
Diamond Agencies Vs. Union of India and Another
Court: Madhya Pradesh
Decided on: Apr-01-2014
Alok Aradhe, J: 1. By means of this application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act"), the petitioner seeks appointment of an Arbitrator. 2. Facts giving rise to filing of this application, briefly stated, are that the respondent No. 1 issued Notice Inviting Tender, dated 4-10-2010 for construction of civil works. The tender submitted by the petitioner was accepted. It is the case of the petitioner that despite several requests, the respondent No. 1 neither co-operated nor fulfilled his obligations in respect of furtherance of execution of the work, due to which the petitioner could not execute the work within the prescribed time limit. The respondent No. 1, thereafter, vide order dated 21-3-2012 rescinded the contract of the petitioner and called upon it to deposit a sum of 3,66,876 towards balance sum of performance guarantee within three days and a sum of 2,53,740 furnished vide Term Deposit Receipt was also forfe...
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