Court : Madhya Pradesh
..... housing co-operative society and others versus tulsiram [2005(4) mplj 174 .r.p.no.541/2011 shri jagat guru shankarachariya sameer electronics swami swaroopanand saraswatiji maharaj 2 before considering the rival contention of the parties, it would be appropriate if factual position in the case is stated :- (a) the petitioner herein filed a suit for eviction against the respondent seeking eviction on various grounds, as are enumerated under section 12 of m.p.accommodation control ..... office is directed to restore the file of civil revision no.249/2008 and to place it before the appropriate bench, who will hear the parties and decide the matter, in accordance with law. ..... however on the date fixed for evidence i.e.25.3.2006, the respondent herein had remained absent and was proceeded exparte. ..... thereafter the exparte evidence was recorded and on 20.5.2006, an exparte judgment and decree was passed. .....
Tag this Judgment!Court : Madhya Pradesh
..... we have considered the case and find that the appeal is pending since 2006 and will take some time to be decided and looking to the factual position and contention as stated by the appellant, that no overt act was attributed to the appellant, the appellant who was on bail during trial and had not misused liberty, we find it appropriate to allow the application and suspend the sentence of the appellant and release him on bail, on the ..... the learned counsel for the state does not dispute this factual position that in the fir and statements recorded under section 161 of the criminal procedure code, no specific act was attributed to the appellant siyaram, but all the witnesses had stated that the appellant siyaram was further armed with lathi. ..... appellant submitted that in the fir and the statement of the witnesses under section 161 of the criminal procedure code, it is alleged that siyaram was present on the spot armed with lathi, but no overt act was attributed to the appellant siyaram for inflicting any injury on the person of deceased hasai or on the person of kamlesh. ..... firs.application was considered and rejected on 26/10/2006, second application was dismissed as none had appeared on 11/03/2011 on behalf of the ..... that the appellant is in custody since 31/07/2006 the date on which the impugned judgment was passed, while before it during the trial he was on bail and had never misused the ..... is submitted that the appeal 2 would take time for hearing being the appeal of the year 2006. .....
Tag this Judgment!Court : Madhya Pradesh
..... amount of tax, interest and penalty under the madhya pradesh general sales tax act, 1958 (no.2 of 1959) (repealed act).madhya pradesh commercial tax act, 1994 (no.5 of 1995) (repealed act).madhya pradesh vat act, 2002 (no.20 of 2002).central sales tax act, 1956 (no.74 of 1956) and the madhya pradesh sthaniya kshetra me mal ke pravesh par kar adhiniyam, 1976 (no.52 of 1976):- (i) is disputed by a dealer and the dispute is pending before the high court for adjudication; (ii) hardship is being caused ..... (1) the settlement authority shall pass an appropriate order, including waiver of the whole or part of the interest and the penalty levied and included in the amount payable by the dealer, on every application for settlement after affording an opportunity of hearing to the dealer. ..... in view of the aforesaid, we find it appropriate to dispose of this matter with following directions:- (i) that, the settlement authority shall expedite the matter and make an endeavour to decide/settle all the matters expeditiously as far as possible within a period of 6 months from the ..... & others decided on 12.12.2011, a division bench of this court considering similar controvers.held thus:- the case of the petitioner is that as per section 24-b of the m.p.value added act, 2002, the petitioner has moved an application before the competent authority for settlement of its case for the years from 2003 to 2006-07. .....
Tag this Judgment!Court : Madhya Pradesh
..... amount of tax, interest and penalty under the madhya pradesh general sales tax act, 1958 (no.2 of 1959) (repealed act).madhya pradesh commercial tax act, 1994 (no.5 of 1995) (repealed act).madhya pradesh vat act, 2002 (no.20 of 2002).central sales tax act, 1956 (no.74 of 1956) and the madhya pradesh sthaniya kshetra me mal ke pravesh par kar adhiniyam, 1976 (no.52 of 1976):- (i) is disputed by a dealer and the dispute is pending before the high court for adjudication; (ii) hardship is being caused ..... (1) the settlement authority shall pass an appropriate order, including waiver of the whole or part of the interest and the penalty levied and included in the amount payable by the dealer, on every application for settlement after affording an opportunity of hearing to the dealer. ..... in view of the aforesaid, we find it appropriate to dispose of this matter with following directions:- (i) that, the settlement authority shall expedite the matter and make an endeavour to decide/settle all the matters expeditiously as far as possible within a period of 6 months from the ..... & others decided on 12.12.2011, a division bench of this court considering similar controvers.held thus:- the case of the petitioner is that as per section 24-b of the m.p.value added act, 2002, the petitioner has moved an application before the competent authority for settlement of its case for the years from 2003 to 2006-07. .....
Tag this Judgment!Court : Madhya Pradesh
..... the view that the aforesaid contention ought to have been taken note of by the high court, as it was not available to the petitioner at the time of hearing of petition on 12.4.2012, it would be appropriate if the petitioner moves an application before the writ court seeking review/recall or modification of the order dated 12.4.2012 passed in w.p.no.8653/2011, but for the same purpose, we do not find any reason to entertain ..... it appears that an appeal under section 19 of the micro small and medium enterprises development act, 2006 (hereinafter referred to as 'act' for short) read with section 34 of the arbitration and conciliation act, 1996 was filed, which is w.p.no.21923/2012 sterlite technologies ltd the micro small enterprises facilitation council & others pending ..... sought following reliefs in this petition :- (i) to issue writ/writs, order/orders.direction/ directions of appropriate directing the respondent no.1 to consider and decide the application for recall of order dated 31.07.2010 on ..... as the matter has already been considered and decided by this court, it would not be appropriate for this court to entertain another petition merely on the ground that one application seeking review/recall of the order dated 31.7.2010 annexure ..... (ii) to issue writ/writs, order/orders.direction/ directions of appropriate nature holding that the order dated 31.07.2010 passed by the respondent no.1 in favour of the respondent no.2 is not est in eyes of law for the facts and reasons mentioned .....
Tag this Judgment!Court : Madhya Pradesh
..... if the legal rights accruing to petitioner are not paid by respondent no.2 it is not appropriate for this court to initiate action for contempt, as the dispute with regard to submission of claim of petitioner was not subject matter for adjudication in the matter under section 372. ..... accordingly, granting liberty to petitioner to claim monetary benefit accruing in accordance to law before appropriate forum this application is disposed of. ..... the only question which was considered in the proceedings held under section 372 of indian succession act was as to whether petitioner are entitled to inheritance of the deceased. ..... proceedings were held under section 372 of the indian succession act and succession certificate was directed to be granted to petitioner in civil revision no.469/2006. .....
Tag this Judgment!Court : Madhya Pradesh
..... amount of tax, interest and penalty under the madhya pradesh general sales tax act, 1958 (no.2 of 1959) (repealed act).madhya pradesh commercial tax act, 1994 (no.5 of 1995) (repealed act).madhya pradesh vat act, 2002 (no.20 of 2002).central sales tax act, 1956 (no.74 of 1956) and the madhya pradesh sthaniya kshetra me mal ke pravesh par kar adhiniyam, 1976 (no.52 of 1976):- (i) is disputed by a dealer and the dispute is pending before the high court for adjudication ..... (1) the settlement authority shall pass an appropriate order, including waiver of the whole or part of the interest and the penalty levied and included in the amount payable by the dealer, on every application for settlement after affording an opportunity ..... in view of the aforesaid, we find it appropriate to dispose of this matter with following directions:- (i) that, the settlement authority shall expedite the matter and make an endeavour to decide/settle all the matters expeditiously as far as possible within a period ..... that after settlement of the dispute no penal action shall be initiated against the assessee under any act administered by the department after an order of settlement has been passed under this section. ..... , a division bench of this court considering the similar controvers.held thus : the case of the petitioner is that as per section 24-b of the m.p.value added act, 2002, the petitioner has moved an application before the competent authority for settlement of its case for the years from 2003 to 2006-07. .....
Tag this Judgment!Court : Madhya Pradesh
..... keeping in view the aforesaid, the writ petition is disposed of with a direction to the respondent no.2 to consider the claims made by the petitioner and to pass appropriate order and to disburs.the amount within a period of two months from the date of receipt of certified copy of the order passed today. ..... this being so, the petitioners may approach appropriate forum ventilating their grievance against the order dated 23.8.2006 by explaining as to how and why they could not challenge the said order within time before the authority. ..... it is stated by the learned counsel for the respondent no.1 that the similar writ petitions i.e.wp no.19943/2012 and wp no.1016/2013 are pending consideration before this court, and therefore it would be appropriate to hear this writ petition also along with the aforesaid writ petitions. ..... it is not in dispute that such order of suspension of membership could be challenged in a dispute before the appropriate authorities under the madhya pradesh cooperative societies act. ..... the writ petition was filed by the respondent no.7 herein seeking to challenge action of the respondents of issuing order dated 5.5.2006 under section 86(2) of the madhya pradesh panchayat avam gram swaraj ahiniyam, 1993 (herein after referred to as 'the act').learned single judge after obtaining the counter affidavit considered the total averments made by the parties and reached to the conclusion that the power under section 86(2) of the act was wrongly exercised by the authorities. .....
Tag this Judgment!Court : Madhya Pradesh
..... when a detailed appeal was filed by the petitioners before the competent appellate authority, instead of considering the appeal in appropriate manner, the appellate authority virtually re-produced the entire grounds raised by the appellants in their memo of appeal and passed the order in paragraphs 5 and 6 of the impugned order in the following manner : 5. ..... it is further contended that at any rate neither the provisions of cantonment act, 2006 were applicable not could the provisions of public premises eviction act, 1971 be made applicable in the present claim made by the petitioners. ..... it is further contended that when an appeal in detail was filed against such action of respondents, appellate authority instead of deciding the appeal in appropriate manner dismissed the same on imaginary grounds. ..... this court again completely failed to understand as to how the provisions of public premises eviction act, 1971 would be attracted in such a case where the erection of the building is done in terms of the provisions of 1924 act or 2006 act. ..... from this it is clear that when the appeal was filed before the respondent appellate authority by the petitioners, the same was not rightly considered in appropriate manner as prescribed under the relevant act. ..... it is contended that since appropriate action was not taken, the respondents- authorities were head strong, were dealing in arbitrary manner with the application submitted by the petitioners, the action taken on their part was vitiated. .....
Tag this Judgment!Court : Madhya Pradesh
..... in view of this letter, learned counsel for the applicant submitted that presently he does not press this application for contempt, but reserves his right to do so, in case no appropriate action is taken by the respondents within a reasonable time. ..... it appears that during the pendency of the said contempt petition, a letter has been issued by the chief minister on 26-07-2006 to look into the matter of the applicant and other such assistant teachers.copy of the letter has been filed as annexure c-8. ..... in the present case, the contention of the applicants is that the matter was disposed of in view of letter dated 26.07.2006 of the chief minister, while it was a fake one, we find that the interest of justice shall meet, if the aforesaid order is recalled and the matter is heard finally. ..... to appreciate the aforesaid contention, it would be appropriate if the order dated 09.05.2007 is reproduced, which reads thus:- "09-05-2007 ..... this application is filed for recall/modification of order dated 09.05.2007 in contempt petition no.932/2006 on the premises that the contempt case was finally disposed of in view of a letter of chief minister dated 26.07.2006 while aforesaid letter was a fake one and on the basis of the alleged letter, the matter could not have been disposed of finally. ..... this is a contempt petition filed under section 12 of the contempt of courts act read with article 215 of the constitution of india, on the ground that the order passed by this court has not been complied with. .....
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