Court : Madhya Pradesh Jabalpur
..... lease deeds or the permanent lease in favour of the petitioner as well as continuation of the petitioner's right even subsequent to the execution of the sale deeds are all kept open and to be decided by a competent court, in case, any appropriate proceedings in that respect are taken up by either of the parties, if so advised.13. ..... considered opinion that the board of revenue has travelled beyond the jurisdiction vested in it and has exercised its powers illegally while deciding the aforesaid issues which have to be left open to be decided by a competent court in appropriate proceedings initiated by either of the parties. ..... 292/1, area 5.40 acres, the said dispute should be resolved by the parties by resorting to appropriate proceedings i.e. ..... stated that the board of revenue in fact should have determined the petitioner's status keeping in mind the provisions of rewa land revenue and tenancy code, 1935 repealed by the m.p.land revenue and rewa tenancy act, 1959 which was further repealed by m.p.land revenue code, 1959. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the circumstances, i am of the considered view that the petitioners became the original owners of the land in question, which was acquired by virtue of the notification dated 26.4.2006 and now they are entitled to appropriate compensation in accordance to the award passed in the case of other claimants vide annexure r/4 on 30.11.2006. ..... pandit, learned counsel for the petitioners, taking me through the notification issued under section 6, of the land acquisition act annexure p/1 dated 26.4.2006 and the indications of the khasra numbers made therein indicating purchase of land by the petitioners ..... ramrati kol, submitted that in the present case once the board of revenue vide annexure p/2 dated 8.8.2008 had upheld the said transaction and had quashed the order passed by the collector, cancelling the permission earlier granted, and when land was mutated in the name of the present petitioners ..... more than nine months prior to issuance of notification under section 6, of the land acquisition act, on 26.4.2006 and as this sale transaction is found to be valid, merely because the mutation took place on 10.2.2009, it does not mean that the petitioners became owners of the land on 10.2.2009 and by ..... it is submitted by shri pandit that claim for compensation under section 11 of the land acquisition act was decided vide annexure r/4 on 30.11.2006, at that point of time the matter was pending before the board of revenue, but the board of revenue decided the same on 8.8.2007 and thereafter the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... after obtaining the noc, the petitioner college was granted recognition, as pleaded, by the national council for teacher education (for short 'the ncte') by order dated 3.9.2008 for one year with an annual intake of 50 under clause 7 (ii) of the ncte (recognition of norms and procedure) regulation, 2007 (for short '2007 regulation'). ..... if any student is aggrieved by the action of the college, may sue the college for grant of compensation in appropriate legal forum.15. ..... this court, in series of decisions, after interpreting the provisions of the ncte act and the regulations framed thereunder and the rules of the university for the purpose of grant of affiliation, has held that no educational institution can admit the students without recognition of the ncte and affiliation ..... true it is, a private institution can engage itself in the vocation of imparting education but while engaging in it, it cannot throw the act, the rules and the regulations to the wind. ..... if the ncte act, 1993 and the national council for teacher education (recognition norms and procedures) regulations, 2007 especially regulation 8 (12) are appositely appreciated, there can be no iota of doubt that the college could not have admitted ..... if the ncte act, 1993 and the national council for teacher education (recognition norms and procedures ) regulations, 2007 especially regulation 8(12) are appositely appreciated there can be no iota of doubt that the college could not have admitted .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... of state government to issue order directing panchayat for execution of works in certain cases (1) the state government or the prescribed authority may, by an order in writing, direct any panchayat to perform any duty imposed upon it, by or under this act, or by or under any other law for the time being in force or any work as is not being performed or executed, as the case may be, by it and the performance or execution thereof by such panchayat is, in the opinion of ..... " the object of the legislature in making such a provision in section 86(2) is to ensure that if the panchayat fails to perform any particular duty conferred on it under the act despite directions issued by the state government or the prescribed authority under section 86(1), the state government or the prescribed authority must have the required powers to get the directions complied with ..... to consider the rival contention it would be appropriate to take note of procedure to be followed for ..... from sub-section (1) of section 86 of the adhiniyam that the state government and the prescribed authority may by an order direct any panchayat to perform any duty imposed upon it by or under the act or under any other law for the time being in force. ..... powers to get the directions complied with at the expense, if any, of the panchayat] and in exercising such powers it shall be entitled to the same protection and the same extent under this act as the panchayat or its officers or servants whose powers are exercised. ..... (2008) .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... in exercise of powers under section 397 read with section 401 of the code of criminal procedure is empowered to examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed by the inferior court and pass appropriate orders for rectification of mistakes and illegalities committed by the the inferior courts.12. ..... we, however, make it clear that the accused manish, madan and bhagirath jatav shall be at liberty to file fresh appeal after appropriate sentence is awarded to them by the trial court. ..... that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the government or [any foreign state or international inter- governmental organization or any other person] to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine."8. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... be it noted, many of the candidates had produced certificates from the institutes run under the maharshi mahesh yogi vedic vishwavidyalaya adhiniyam, 1995 which is an act to establish and incorporate a university in the state of madhya pradesh and to provide for education and prosecution of research in vedic learnings and practice and to provide for matters connected therewith or incidental thereto. ..... 309 of the constitution of india and the law made by the appropriate legislature the law made by the appropriate legislature prevails..............."6. ..... shri ram air 2000 sc 2143 it has been stated that it is a well recognized principle of statute that conferment of rule making power by an act does not enable the rule making authority to make rule which travels beyond the scope of the enabling act or which is inconsistent therewith or repugnant thereto.8. ..... air 1997 sc 2502 it was laid down that if a delegated legislation creates a legal fiction which is beyond the scope of principal act the same has to be regarded as ultra vires."9. ..... t hus, it is evincible that section 4 of the act deals with powers of the university. ..... section 4 of the act deals with powers of the universit y. ..... the university as has been defined under the act means the maharshi mahesh yogi vedic university established under this act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... learned counsel for petitioner submitted that he may be permitted to withdraw this petition, in so far as it relates to challenging order dated 6.8.2008 and to press this petition against the order dated 18.5.2010.3. ..... this petition is directed against two orders; firstly order dated 6.8.2008 by which the trial court allowed an application under order 6 rule 17 c.p.c. ..... courts should be liberal in allowing applications for leave to amend pleadings but it is also well settled that the courts must bear in mind the statutory limitations brought about by reason of the code of civil procedure(amendment) acts; the proviso appended to order 6 rule 17 being one of them. ..... bhagwan das [(2008) 8 scc 511] the law has been laid down by this court in the following terms : (scc p.517, para 16)"16. ..... this petition is dismissed as withdrawn, in so far as challenge to order dated 6.8.2008 is concerned. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... keeping in view the totality of the circumstances and the fact that the malafide alleged against respondent no.4 and adjustment granted to respondent no.3 is not established by cogent evidence, this court does not deem it appropriate to assume malafide to be established, because respondent no.4, happens to be m.l.a,.and husband of respondent no.3 no such assumption can be drawn in the facts and circumstances of the present case.17. ..... in an appropriate case, it is possible to draw reasonable inference of mala fide action from the pleadings and antecedent facts and circumstances. ..... in black's law dictionary 'malafide' is said to be an intentional doing of a wrong act without just cause or excuse, it is done with an intention to inflict an injury or under such circumstances that the law will imply an evil motive to the act.11. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... it is the question as to whether any other suitable punishment can be imposed, instead of the extreme penalty of removal from service, this is a question which has to be considered and as the said exercise is to be conducted by the appellate authority, it is thought appropriate to remand the matter back to the appellate authority to consider the limited question of modifying the penalty as prayed for by the petitioner and the question of propriety of imposing the penalty of removal from service for the ..... accordingly, shri bhave prays for dismissal of this writ petition.5- having heard learned counsel for the parties and on a perusal of the records, it is clear that for the alleged act of unauthorized absence, charge-sheet was issued to the petitioner and a departmental enquiry conducted. ..... it was pointed out in the charge-sheet that petitioner after having availed of leave from 16.7.96 to 16.8.97 has not reported for duty and finding him to have committed act of misconduct in the matter of remaining unauthorizedly absent, charge-sheet was issued to him. ..... by filing appropriate medical certificates and other documents in support of his absence, petitioner sought exoneration. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... wife, he caught hold of his mother and dragged her out from the house and throttled her neck in front of a temple resulting into her death, apex court held that the conviction of accused was appropriate in terms of section 304-i of the indian penal code and sentenced the accused to imprisonment for 10 years.19. ..... however, the act by which he caused the death of deceased appears to have been done with the intention of causing such bodily injury as was likely to cause death, he can therefore, be held liable for committing the offence under section .....
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