Court : Madhya Pradesh
..... counsel for the applicant/complainant has submitted that the trial court did not impose any civil liability upon the applicant/accused and the calculation done of the civil liability was not appropriate, as it was done under section 126 of the act, -:- 4 -:- criminal revision no.528/2008 criminal revision no.535/2009 whereas it was to be done under section 154 (5) of the act and therefore, it is prayed that the sentence may be enhanced.10. ..... --------------------------------------------------------------------------- order (passed on the 22nd day of march, 2013) these two revision applications were filed against the common judgment dated 21.1.2008 passed by the learned special judge under electricity act (hereinafter it -:- 2 -:- criminal revision no.528/2008 criminal revision no.535/2009 will be referred to as 'the act'), sagar in criminal case no.13/2007 and therefore, decided by a common order.2. ..... the learned first special judge under the act, sagar vide judgment dated 21.1.2008, convicted the applicant of criminal revision no.535/2009 (hereinafter he will be referred to as 'applicant/accused') for offence punishable under section 135 of the act and a fine of rs.3,500/- was imposed upon him. ..... according to the provision of section 126 of the act, the board has still the authority to recover the loss of electrical energy from the -:- 6 -:- criminal revision no.528/2008 criminal revision no.535/2009 accused and therefore, it makes no difference to the board. .....
Tag this Judgment!Court : Madhya Pradesh
..... counsel for the applicant/complainant has submitted that the trial court did not impose any civil liability upon the applicant/accused and the calculation done of the civil liability was not appropriate, as it was done under section 126 of the act, -:- 4 -:- criminal revision no.528/2008 criminal revision no.535/2009 whereas it was to be done under section 154 (5) of the act and therefore, it is prayed that the sentence may be enhanced.10. ..... --------------------------------------------------------------------------- order (passed on the 22nd day of march, 2013) these two revision applications were filed against the common judgment dated 21.1.2008 passed by the learned special judge under electricity act (hereinafter it -:- 2 -:- criminal revision no.528/2008 criminal revision no.535/2009 will be referred to as 'the act'), sagar in criminal case no.13/2007 and therefore, decided by a common order.2. ..... the learned first special judge under the act, sagar vide judgment dated 21.1.2008, convicted the applicant of criminal revision no.535/2009 (hereinafter he will be referred to as 'applicant/accused') for offence punishable under section 135 of the act and a fine of rs.3,500/- was imposed upon him. ..... according to the provision of section 126 of the act, the board has still the authority to recover the loss of electrical energy from the -:- 6 -:- criminal revision no.528/2008 criminal revision no.535/2009 accused and therefore, it makes no difference to the board. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... issued to the petitioners under section 13(2) of the sarfaesi act, which was ultimately dismissed by order dated 7-3-2008 observing therein that the appropriate remedy available to the petitioners was to approach the debt ..... the petitioners have filed this petition raising several legal and factual issues challenging the order passed by respondent no.3 under section 14(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, whereby possession of the petitioners' property has been directed to be taken over, after arguing at length and after hearing the submissions of the learned counsel appearing for respondent nos.1 & ..... supra), in mind, wherein it has been held that the high courts should not exercise its jurisdiction under article 226 of the constitution to entertain proceedings initiated under the sarfaesi act as the appropriate remedy available to the petitioner is to approach the debt recovery tribunal. ..... is clear that in proceedings for recovery and possession taken under the provisions of the sarfaesi act, the appropriate remedy available to the petitioners is to approach the debt recovery tribunal. ..... 15859/2007, 7243/2008 and 6374/2009 it is clear that the petitioners had themselves withdrawn their relief and restricted the same by seeking time of six months for vacating the premises and even after giving an undertaking to that effect in the recovery proceedings before this court, they have not acted in accordance with the .....
Tag this Judgment!Court : Madhya Pradesh
..... on receipt of certified copy of the order the appellant filed an objection under section 34 of the act on 20-11-2008 along with an application for condonation of delay. ..... the writ petition was disposed of on 25-9-2008 with the liberty to the parties to file the objection before the appropriate forum. ..... the appellant therefore filed an objection under section 34 of act on 22-9-2008. ..... the writ petition was disposed of by a bench of this court vide order dated 25-9-2008 with the liberty to the parties to file their respective objections before the principal court of original jurisdiction ..... the supreme court in the case of state of goa (supra) has held that since there is no prohibition provided under section 34 of the act, therefore, the provisions of section 14 of limitation act can be read in the act of 1996 which will advance the cause of justice. ..... this appeal preferred under section 37 of arbitration and conciliation act (hereinafter referred to as `act'), 1996, the appellant has assailed the validity of the order dated 20-8-2010 passed by the trial court by which objection preferred by the appellant under section 34 of the act has been dismissed as barred by limitation. ..... the instant case during the pendency of the writ petition, the arbitrator was appointed by the high court who delivered an award on 15-6-2008 which brought on record before the writ court. ..... as an arbitrator by an order dated 21-6-2004, who passed an award on 25-6-2008 by which claims of both the parties, were rejected. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... deal with the challenge to the validity of the notifications (annexures-p/1 and p/2) dated 14.3.2008 and 5.9.2007, it would be appropriate to examine the case law on the scope of judicial review with regard to the ..... sub-section (3) and review and evaluation under sub-sectin (4) as these provisions apply in relation to the preparation, publication and approval of a development plan.thus, section 23 of the act provides that the director may on his own motion or if so required by the state government shall undertake a review and evaluation of the development plan. ..... relevant extract of statement of objects and reasons appended to bill reads as under:-"as there is no separate provision in the act to make modifications in the development plan for the implementation of the projects of a town and country development authority as well as the development projects of the central ..... act inter-alia provides that after submission of the development plan under section 18, the state government may either approve the development plan or may approve it with such modification as it may consider necessary or may return it to the director to modify the same or to prepare a fresh plan in accordance with such directions as the state government may deem appropriate ..... the argument proceeds that no material with respect to exercise of change of land use under section 23-a of the act has been produced by the respondents nor any study has been conducted to find out as to whether the site in question is suitable .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
..... adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this court, two learned single judges of this court thought it appropriate to refer the questions of law framed by them for being considered and answered by a full bench so that the position in law may be clarified and this is how this matter has come up for ..... for purposes of the state free of all encumbrances; and the mortgage debt or charge on any proprietary rights shall be a charge on the amount of compensation payable for such proprietary right to the proprietor under the provisions of this act; (b) all grants and confirmation of title of or to land in the property so vesting or of or to any right or privilege in respect of such properly or land revenue in respect thereof shall, whether liable to resumption or not, determine; ..... , 1951, madhya bharat jagir, revenue and police powers abolition act, 2005, madhya bharat jagir land records, samvat 2006, madhya bharat zila records management act, 1961, madhya bharat jagir tenants restoration of land act samvat, 2008, vindhya pradesh abolition of jagirs and land reforms act, 1952, indore land revenue and tenancy act, bhopal abolition of jagirs and abolition act, 1953, madhya pradesh abolition of proprietary rights (estates, ..... .12. it will be appropriate at this stage to refer to the relevant provisions of sections 3 and 4 of the madhya bharat jamindari abolition act, samvat 2008 which are .....
Tag this Judgment!Court : Madhya Pradesh
..... & others reported in (2008) 17 versus 465, and other matters.as the validity of the aforesaid act is sub-judice before apex court, after a decision of this court affirming vires, we find it appropriate to dispose of this matter with following directions:- (i) order passed by the apex court in the aforesaid slp (civil) shall be applicable in the present case. ..... c) to direct the respondent state of madhya pradesh to refund the tax collected so far and/or which may be collected by respondent state under the impugned act with interest thereon @ 24% or any other rate as may be deemed fit and proper by this hon'ble court. ..... it is brought to our notice that the same question is involved in the slp before the apex court bearing slp (civil) no.14828/2008 against the order passed by this court in godfrey philips india ltd.versus state of m.p. ..... d) to issue any other appropriate writ, direction or order which may be considered just and proper in the facts and circumstances of the present case. ..... a) to declare the impugned act viz madhya pradesh sthaniya kshetra me mal ke pravesh par kar adhiniyam, 1976 as originally enacted and amended from time to time as illegal and ultra vires and beyond the legislative competence of the state of madhya ..... petitioner has challenged the validity of the aforesaid act in this petition. ..... 1 w.p.no.11029/2008 m/s ruchi soya industries ltd.state of m.p. .....
Tag this Judgment!Court : Madhya Pradesh
..... this petition is pending since 2008 and dispute in this writ petition is with regard to jurisdiction of the assistant labour commissioner gwalior to initiate conciliation proceedings and subsequent act of appropriate government i.e.labour commissioner m.p.indore in referring to dispute for ..... , the cause of action for raising the industrial dispute arose in bhopal and as per the notification issued by the state government annexure p-10 the jurisdiction for entertaining the dispute under the industrial dispute act and for holding conciliation proceedings is exclusively with the assistant labour commissioner bhopal and not with the assistant labour commissioner gwalior. ..... contained in annexure p-9 dated 21.5.2008 is quashed and it is directed that in case respondent no.3 can raise a fresh dispute with regard to matter before the competent assistant labour commissioner, and the conciliation officer bhopal the competent authority shall hold conciliation in accordance to law and send his report to respondent no.1 the labour commissioner indore, who shall thereafter proceed to make reference of the dispute for adjudication expeditiously or shall take appropriate decision in accordance to law. ..... though objection raised in para 1, the same is not adverted to but taking note of all these factors while issuing notice further proceeding in pursuance to reference made to the labour court vide annexure p-9 dated 21.5.2008 was directed to be stayed by this court and notices issued to respondents. .....
Tag this Judgment!Court : Madhya Pradesh
..... however, a liberty is granted to the applicants to assail the order dated 1.12.2007 by filing necessary proceedings before the appropriate forum. ..... no.56/2008 -3- necessary application under section 5 and 14 of the limitation act.5. ..... indeed, an application to obtain succession certificate was filed by the applicants under section 372 of the indian succession act, 1925 (in short the act of 1925 .). ..... no.56/2008 -2- order {08 03 2013} the present applicants have filed this revision application under section 115 cpc against the order passed by learned 9th civil judge, class-i, jabalpur in mj.no.37/2007 rejecting the review application of the ..... no.56/2008 applicants 1 dr. ..... no.56/2008 -1- high court of madhya pradesh jabalpur single bench: hon ble shri justice a.k. .....
Tag this Judgment!Court : Madhya Pradesh
..... of valid registered sale deed in terms of the grounds, specified in clause (e) or clause (f) of section 12(1) thereof, in the present case, the landlords' acquired the suit premises by way of registered sale deed dated 13-9-2008 and the suit had been filed on 5-1-2010 wherein by amendment eviction on the ground of bona fide need was added as envisaged under clause 12(1)(f) of the ..... it would be appropriate at this stage to quote section 12(4) of the act which reads as under: where a landlord has acquired any accommodation by transfer, no suit for the eviction of tenant shall be maintainable under sub-section (1) on the ground specified in clause (e) or clause (f) thereof, unless a ..... had knowledge of the fact that the plaintiffs' have acquired valid title over the suit premises by virtue of sale deed dated 13-9-2008 executed by the legal heirs of the predecessor-in-title, namely; umaji rao bhonsle. ..... and there was an interim order dated 14-2-2005 (supra) and, therefore, suit at the instance of plaintiffs' on the strength of sale deed dated 13-9-2008 was found to be not maintainable vide judgment and decree dated 15-9-2011. 10. ..... has rejected the submission on the premises that the safe deed was executed on 13-9-2008 and the suit was filed on 5-1-2010. ..... court, first submission advanced by the defendant was to the effect that though suit premises was said to have been purchased by the plaintiffs vide registered safe deed dated 13-9-2008 but in the light of order dated 1-2-2012 in f.a. no. .....
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