Court : Madhya Pradesh
Reported in : AIR2003MP171
..... should be construed not as theorems of euclid. 'judge learned hand said, 'but words must be construed with some imagination of the purposes which lie behind them' (see lenigh valley coal co. v. yensavage, 218 fr 547). the view was reiterated in union of india v. filip tiago de gama of vadem vasco de gama, air 1990 sc 981.'26. mr .....
Tag this Judgment!Court : Madhya Pradesh
1. The first mentioned of these two connected writ petitions being W.P. No. 6628/2011 has been filed by the present Chairman of the Bar Council of Madhya Pradesh. The second connected petition being Writ Petition No. 6372/2011 has been filed by a Member of the said Bar Council. Both the petitions have been filed for the same relief2 on virtually the same grounds. They have been heard together and are consequently being disposed of by this common order. Two broad questions have been raised (A) whether the Rule 122-A framed under section 15 of the Advocates Act, 1961 is ultra-vires, and (B) whether the second resolution (Annexure R/6 to the Bar Council’s return) dated 16-04-2011 in the meeting of the Bar Council is invalid. The relevant facts are given below. 2. Shri Rameshwar Neekhra was elected as a Member of the Madhya Pradesh State Bar Council in 2008. Shri Neekhra was elected as Chairman of the Bar Council by its members on 31.8.2008. 3. For prescribing (i) the manner of...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP1; 1973MPLJ819
S.P. Bhargava, J.1. The facts leading to the presentation of this petition by Rameshchandra Bahoti may be briefly stated thus. The petitioner is admittedly a registered graduate of the University of Indore. He passed his M. Com. Degree Examination in the year 1967. In that very year, Shri Vaishnav Arts & Commerce College. Indore, also called as Shri Vaishnav College of Commerce, was started at Indore in the month of August. The petitioner received a let-ter (Annexure A) from the Joint Secretary of the said College in which it wasrequested that he may at his convenience and according to his aptitude deliver some lectures to the students of that college. By his reply dated 3rd August, 1967 (also marked Annexure A) the petitioner accepted the said offer in these words:'It is really very kind of you to extend an invitation for delivering a few lectures to the students. I shall be happy to do so subject to the limitations of time and according to my convenience.' 2-3. Annexure R-2 filed wit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP24; [1984]56CompCas146(MP)
K.N. Shukla, J.1. Both these appeals by the rival parties arise out of the award made by the Motor Accidents Claims Tribunal, Ratlam is Claim Case No. 4 of 1974 dated 13-2-1978. These appeals came up for hearing before a Division Bench of this Court where a question arose whether the Claims Tribunal was right in directing that payments received by the claimants on account of the Life Insurance Policy of the deceased. Provident fund, family pension, gratuity and ex gratia payment were deductible from the total amount of compensation assessed on account of the death of the deceased. The Division Bench noted the difference of opinion expressed by different High Courts on this question and referred the appeals for decision by a larger Bench. The appeals have, therefore, been placed before the Full Bench for decision.2. The accident in which Iqbal Bahadur Mathur lost his life occurred on 12-7-1973 at about 10.00 p.m. on the main street, of Ratlam city. On the night of the accident, the moto...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004(102)FLR468]; (2004)IILLJ1101MP; 2004(3)MPHT96; 2004(2)MPLJ348
Kumar Rajaratnam, C.J.1. The factual matrix, the centripodal polemic, the arguments urged, the justification provided, picture frescoed and the lis spiralled being common in all these appeals they were heard analogously and are disposed of by this common order. To appreciate the vital and constitutive issues that arise in these cases it is apt and appropriate to refer to the facts in L.P.A. No. 89/1998 so that the expose of facts would become clear.2. The appellants (who were the petitioners in the Writ petition No. 3236/1997) (hereinafter referred to as 'the petitioners') invoked the inherent and equitable jurisdiction of this Court under Article 226 of the Constitution of India putting forth a case that they have been employed as electricians since 1987 as workmen under National Thermal Power Corporation (in short 'the Corporation') for maintenance of Korba Super Thermal Power Project colonies. The Corporation and its functionaries have not directly employed the petitioners but they ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP146
..... it is impossible to precisely define the expression 'public purpose'. in each case all the facts and circumstances will require to be closely examined in order to deter-mine whether a 'public purpose' has been established, prima facie the government is the best judge as to whether 'public purpose' is served by issuing a requisition order ..... have to be carefully examined in its own setting of time arid circumstances. if the scheme is of agrarian land reforms, the ownership of an individual in forests, mines, waste lands, etc., may be expropriated, which otherwise may not be permissible if taken by it-self.similarly, if the scheme is of housing the homeless, ..... maintained that prohibition with a view to state monopoly was the only practical and reasonable manner of regulation. ...... (underlining there in single quotation marks ' ' -- ed. is mine).these observations were cited with approval by mukherjea, j., (as he then was) in air 1954 sc 728 at p. 738; and in my view they have full .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ2807
..... in a court of law that the prime minister was guilty of corruption, the president has power to give sanction to prosecute him under the prevention of corruption act.(underlining mine)39. i have found in preceding paragraph of my judgment that the 'doctrine of necessity' cannot be invoked so as to enable the governor to exercise his own discretion. judgment ..... police establishment under the lokayukta to prosecute shri b.r. yadav and shri rajendra kumar singh under section 120b of the i.p.c.sd/- dr. bhai mahavir,governor.(underlining mine)15. it is the stand of the petitioners that the council of ministers having taken a decision not to sanction the prosecution, governor of the state acted beyond his power .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ439
ORDERM.V. Tamaskar, J.1. The order in this petition shall also govern the disposal of M.P. No. 2557/83, Gwalior Rayon Mfg. and Anr. v. The State of U. P. and Ors., M.P. No. 3353/84, Chadha Re-rolling Mills v. The Addl. Asstt. Commr. of Sales Tax and Anr., M.P. No. 1179/85, Chadha Re-rolling Mills v. The Addl. Asstt. Commr. of Sales Tax, M.P. No. 2898/94, Kailash Auto Builders v. The State of M. P., M.P. No. 2276/85, Chadha Re-rolling Mills v. The Addl. Commr. of Sales Tax, M.P. No. 3458/85, The Tata Iron and Steel Co. v. The State of M. P., M.P. No. 1840/89, Sunil Trading Co. v. The State of M. P., M.P. No. 704/92, M. P. State Co-operative Marketing Federation Ltd. v. The State of M. P., M.P. No. 696/93, Bharat Heavy Electricals Ltd. v. The State of M. P., M.P. No. 2409/85, Kamal Dal Mill v. The State of M. P.2. The petitioners challenge the validity of Section 7(5) of M. P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (Act No. 50/76) (hereinafter called the Entry Tax Act...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP227; 2008(3)MPHT315
ORDER1. Feeling aggrieved by the order dated 29-3-2001 passed by the Probate Court (Xlth Additional District Judge, Jabalpur) in MJC No. 73/99 granting the probate certificate to deceased respondent Smt. Girja Bai, present appellant has knocked the door of this Court by filing this appeal under Section 299 of the Indian Succession Act, 1925 (in short 'the Act').2. The facts shorn of unnecessary details lie in narrow compass. An application under Section 276 of the Act was filed by deceased respondent Smt. Girja Bai before the Probate Court stating therein that she got married to Chhadami Lal Choudhary on 10-9-1972 and the marriage was solemnized in accordance with the customs, rite and usage as well as according to the traditions prevailing in the Choudhary Community to which she belongs. From the wedlock of Girja Bai and Chhadami LaL Choudhary, three children were born they are Ku. Janki Bai, Sohanlal and Ku. Asha. Further it has been stated in the application that earlier her husband...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP169
..... substance, in favour of the land owners.(viii) the doctrine of delay and laches gets attracted in view of the law laid down by the apex court-in pure industrial coke and chemicals ltd. : air 2007 sc 2458 (supra) and the doctrine of subserving larger public interest has no room whatsoever.(ix) the authority can proceed to take appropriate action under ..... delay and laches. a statutory authority is required to act in quite promptitude. at this juncture, we may refer to the decision in chairman, indore vikas pradhikaran v. pure industrial coke and chemicals ltd. and ors. : (2007) 8 scc 705 : air 2007 sc 2458 wherein it has been held as under:46. where, however, a scheme comes into force, although it .....
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