Court : Madhya Pradesh
Reported in : AIR1966MP197
..... first award was quashed and the matter was taken up by the land acquisilion officer, it was incumbent on him to give notice to the parties concerned when they could have made appropriate prayer to the land acquisition officer for allowing them to adduce evidence.6. ..... it is also urged on behalf of the slate that applications under section 18 of the land acquisition act for making reference to the civil court have already been filed by the petitioner and other claimants and the petitioner will have fresh opportunity to adduce evidence before the civil court; no ..... had appropriate opportunity been given to the petitioner and other claimants, they would have produced proper evidence and the award might have been different and acceptable to them and they would not ..... are entitled to ret adequate compensation fixed in proceedings before the land acquisition officer after producing appropriate evidence. ..... notifications under sections 4 and 6 of the land acquisition act were issued and pursuant thereto an award, dated 6th july 1961, was also given by the land ..... nothing of the kind was done and acting on the previous order-sheet dated 12th july 1962, the land acquisition officer gave the ..... it was observed:'in the view we have taken of this case, the first valid notification under section 6(1) of the act was issued on 7 may 1962. ..... the land acquisition act makes it incumbent on the collector to give a ..... not however prevent him from making a fresh award in accordance with the provisions of the act.'3. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)IILLJ807MP
..... parul, (1999-iii-llj- (suppl)-1093) (sc) it has been held that the high court should not normally interfere in the punishment and in appropriate case where it is found to be shockingly disproportionate, it should direct the authority concerned to re- consider the matter. ..... it is, therefore, appropriate in a situation like this where an employer asserts his right to lead evidence to prove misconduct that the parties are left to seek the normal remedy under the industrial law. ..... industrial relations act, the employer shall have the right to lead evidence to prove the misconduct although after notice to the petitioner and receiving his reply, the enquiry has been dispensed with on the ground that on the ..... p industrial relations act, 1960'. ..... act empowers the labour court concerned to set aside the order of dismissal and direct reinstatement of the employee as also to award any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require. ..... act to the labour court having jurisdiction to challenge the said impugned order.6. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT432; 2006(1)MPLJ347
..... now in order to decide the objection about territorial jurisdiction to entertain this application, it would be appropriate to extract the relevant clause of the agreement:article 23 : arbitration and jurisdiction :1. ..... no other court shall have jurisdiction in such matters.it would also be appropriate to extract definition of court as provided in section 2, the act and the relevant provisions of section 11 of the act.2. ..... -*** *** *** ****** *** *** ***(6) where, under an appointment procedure agreed upon by the parties,-(a) a party fails to act as required under that procedure; or(b) the parties, or the two appointed arbitrators, failed to reach an agreement expected of them under that procedure; or(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure,a ..... shri rajesh pancholi, in reply to the preliminary objection contended that the powers of the chief justice conferred under section 11(6) of the act being administrative in nature and while exercising such powers neither he nor any person designated by him act as a court, therefore, exclusion clause 23 of the agreement have no application. ..... in the circumstances, having regard to section 2(e) and section 11(12)(b) of the act, the applicants would be obliged to approach the chief justice of the delhi high court within whose limits the principal civil court is situated to which the parties by agreement conferred jurisdiction excluding the jurisdiction of other .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPLJ580
..... has laid emphasis on the order passed by the board of revenue and submitted that the same is absolutely impeccable inasmuch as the board of revenue has recorded a categorical finding that the act of 1931 was prospective in nature and if there was any other circular by the holkar state that should have brought on record by the state of madhya pradesh to deny the privilege ..... the petitioner that the order passed by the board of revenue is absolutely vulnerable inasmuch as the competent authority has acted in an appropriate manner which was absolutely justified in the obtaining factual matrix. ..... 1997)6scc71 , wherein their lordships have expressed the view that suo motu power under section 84c of bombay tenancy and agricultural lands act, 1976 is required to be exercised within a reasonable time though no time limit is prescribed for exercising of such power under the ..... hearing the learned counsel for the parties and on a studied scrutiny of the material brought on record came to hold that in the absence of any kind of contrary stipulation in the act of 1931 and keeping in view that there are some entries which recorded that the predecessor-in-interest of the respondent no. ..... raised at the bar it is appropriate to reproduce section 50 of the code ..... on the receipt of the aforesaid complaint that collector, dhar, initiated a proceeding under section 50 of the act in exercise of suo motu jurisdiction for cancellation of the order passed by the sdo granting permission of diversion and after such .....
Tag this Judgment!Court : Madhya Pradesh
w.p.no.20163/2012 10.12.2012 shri a.k.singh, learned counsel for the petitioner. shri laleet joglekar, learned pl for the respondent-state, on advance copy. heard on the question of admission. the petitioner has filed this petition for quashment of the order dated 20.9.2012, (ann. p-4) passed by the additional district judge, rewa under section 3, r/w section 5 of the m.p.rajya security act 1990 whereby the petitioner has been directed to leave the boundaries of district rewa alongwith the boundaries of surrounding districts. in the cours.of arguments on asking the petitioner's counsel that how the petition under article 226/227 of the constitution of india could be entertained unless the remedy of statutory appeal provided under section 9 of the aforesaid act is exhausted by the petitioner, on which instead to argue further the petitioner's counsel seeks permission to withdraw this petition with liberty to file appropriate appeal before the commissioner, (revenue) under section 9 of the aforesaid act. considering such prayer without expressing any opinion on merits of the matter this petition is hereby dismissed as withdrawn with liberty to the petitioner to file the appeal against the impugned order alongwith appropriate application for grant of stay before the court of commissioner. such authority is also directed to consider such application in accordance with law and procedure. c c today. (u.c.maheshwari) judge bks
Tag this Judgment!Court : Madhya Pradesh
..... made clear that this order shall not come in the way of the petitioner to approach the appropriate forum under the aforesaid statutory provisions of the act with appropriate proceeding with respect of the dispute raised in this petition. ..... order the petitioner has filed this petition under article 226 of the constitution of india for issuing appropriate writ in the nature of certiorari to quash the entire proceeding of the land acquisition with respect of land situated at ..... on making certain query from the petitioner's counsel that in view of alternate remedy how this petition could be entertained by ignoring the aforesaid provision of the act, on which the counsel could not satisfy me by showing any of the provision of the act, either legal position or the precedent according to which this petition could be entertained and decided by this court. ..... besides the aforesaid the prayer for issuing appropriate writ in the nature of mandamus directing the respondent no.1 to proceed in accordance with ..... am of the considered view that after passing the award under section 11 of the act the petitioner has a remedy of filing the reference under section 18 of the act or in any case he has a right to challenge the award before the appellate court under section 54 of the act. ..... p.4).under the rti act with respect of such 2 agreement some information was requisite ..... on record that with respect of the disputed land along with others the notifications under section 4 and 6 of land acquisition act. .....
Tag this Judgment!Court : Madhya Pradesh
..... made clear that this order shall not come in the way of the petitioner to approach the appropriate forum under the aforesaid statutory provisions of the act with appropriate proceeding with respect of the dispute raised in this petition. ..... order the petitioner has filed this petition under article 226 of the constitution of india for issuing appropriate writ in the nature of certiorari to quash the entire proceeding of the land acquisition with respect of land situated at ..... on making certain query from the petitioner's counsel that in view of alternate remedy how this petition could be entertained by ignoring the aforesaid provision of the act, on which the counsel could not satisfy me by showing any of the provision of the act, either legal position or the precedent according to which this petition could be entertained and decided by this court. ..... besides the aforesaid the prayer for issuing appropriate writ in the nature of mandamus directing the respondent no.1 to proceed in accordance with ..... am of the considered view that after passing the award under section 11 of the act the petitioner has a remedy of filing the reference under section 18 of the act or in any case he has a right to challenge the award before the appellate court under section 54 of the act. ..... p.4).under the rti act with respect of such 2 agreement some information was requisite ..... on record that with respect of the disputed land along with others the notifications under section 4 and 6 of land acquisition act. .....
Tag this Judgment!Court : Madhya Pradesh
..... has not conducted the enquiry properly and after pointing out these facts to the disciplinary authority, no steps were taken by the disciplinary authority to remove such defects and get the enquiry conducted in appropriate manner as per the regulations and when after passing of the order by the disciplinary authority, the appellate authority was apprised of all these facts, nothing was done by the said appellate authority also ..... in case of kuldeep singh (supra), the apex court has considered the aspect where delinquent employee was not extended opportunity of defence in appropriate manner, in complete violation of the provisions of the rules under which the enquiry was conducted and reached to the conclusion that such an ..... technical rules of procedure contained in the code of civil procedure, 1908 and the provisions of the evidence act, 1872 do not apply in a domestic enquiry, however, the principles of natural justice require to be observed ..... the ministry of finance so issued on 21.07.1984 has been supplied to the petitioner under right to information act wherein it is mentioned that such matters are required to be sent to the chief vigilance officer. ..... it was contended by him that he was acting as branch manager at the relevant time, has granted sanction of certain loan and the procedure which he adopted for granting sanction of the loan was normally being followed by the bank and ..... normally the courts are not to act as appellate authority in the matter of departmental proceedings .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT208
..... after giving due consideration to the facts and circumstances of each case, for deciding just and appropriate sentence to be awarded for an offence, the aggravating and mitigating factors and circumstances in which a crime has been committed are to be delicately balanced on the basis of really relevant circumstances in a dispassionate manner by the court. ..... state of california 402 us 183 : 28 l ed 2d 711 (1971) that no formula of a foolproof nature is possible that would provide a reasonable criterion in determining a just and appropriate punishment in the infinite variety of circumstances that may affect the gravity of the crime. ..... 3 lakkhu alias lakhan singh is concerned, looking to his overt act and the overt acts of the co-accused who were acquitted by the trial court, the case against the appellant no. ..... state of karnataka reported in 2006(2) car (sc) 882, in which it is held that basing conviction on testimony of single eye-witness, the court must be satisfied that testimony of such eye-witness is of such sterling quality that court finds it safe to base a conviction solely on ..... reported in 2006(1) vidhi bhasvar 134 (sc) that:6. ..... reported in 2006(1) mpwn 122, in which it was laid down that direct evidence of single witness not reliable, then conviction cannot be based upon his evidence. ..... such act of balancing is indeed a difficult task. ..... the act of the appellants deserves no sympathy as has been held by the apex court in the case of state of m.p. v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(66)ECC66; 1999LC832(MP); 1999(114)ELT791(MP)
..... instead of doing so before the appropriate forum it had chosen to file this petition forestalling all further proceedings under the excise act. ..... the petitioner company free to file objections to the impugned show cause notices within a month and on so doing the assistant collector concerned shall examine the pleas taken and after hearing the assessee pass appropriate orders in this matter. ..... petitioner company is manufacturing various types of nylons and polyester yarn which is subjected to excise duty under the central excise act.2. .....
Tag this Judgment!