Court : Madhya Pradesh
Reported in : AIR1982MP97
Oza, J. 1. This miscellaneous criminal case was filed by the applicant State against an order dated 4-8-1977 passed by Additional Sessions Judge, Chhindwara in Criminal Revision No. 36 of 1076.2. This petition was initially heard by learned single Judge of this Court who by his order dated 14-5-1981 observed that the complaint was dismissed because of the decision of a Division Bench of this Court and as the learned Judge felt that it needs re-consideration, the matter was placed before Hon'ble the Chief Justice and, therefore, it has been placed before this Bench.3. Facts necessary for disposal of this miscellaneous criminal case are that a complaint (Criminal Case No. 2638/73) for certain contraventions of the provisions of the Mines Act. 1953 was filed in the Court of Chief Judicial Magistrate, Chhindwara on behalf of the State (Government of India) by the Regional Inspector of Mines (now designated as Joint Director of Mines, Safety, Nagpur Region, Nagpur) against the non-applicant...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ2113; 2002(1)MPLJ596
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court the petitioner has prayed for to call for the record and after examination of the same to issue a writ in the nature of mandamus commanding the respondents Nos. 1 to 4 to take cognizance of the complaint filed by the petitioner and after due investigation file chargesheet against the respondent No. 5 for the offence committed by him. The further prayer in the writ petition is to issue appropriate direction to the respondents No. 1 to 4 to provide sufficient protection to the petitioner as there is threat to his life.2. The facts as have been undraped are that the petitioner is the Vice President of Harizan Adivasi Bass Udyog Sahakari Samiti Maryadit, Balaghat, having its registration No. 44/449. The said Co-operative Society is committed for the upliftment and development of downtrodden members of Scheduled Castes Community. It is entitled for financial assistance and running its affairs from the Zila Sahakar...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ506
ORDERDipak Misra, J.1. The centroidal issue that emerges for consideration in this writ petition preferred under Article 226 of the Constitution of India is whether the respondent No. 1 is entitled under law to hold the post of Member of Jila Panchayat, Chhindwara though he was elected in the election held in December, 2004 from Ward No. 19 of Jila Panchayat, Chhindwara reserved for Other Backward Classes.2. The facts which are requisite to be stated for adjudication of this writ petition are that the petitioner is a resident of Ward No. 7 and his name finds place at Serial No. 407 of the voters list of Gram Markahand which comes under the Zila Panchayat, Chhindwara. The respondent No. 1 was elected as Sarpanch of Gram Panchayat, Navegaon Makaria in the year 1994. During his tenure the villagers made number of complaints to the Sub-Divisional Officer alleging that he has misappropriated the Government fund. An inquiry was made and a show-cause notice was issued by the Sub-Divisional Of...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]54STC25(MP)
ORDERG.P. Singh, C.J.1. This order shall also dispose of Misc. Petition No. 1695 of 1982. These petitions under Article 226 of the Constitution involve the construction of entry No. 1(i) in Part V of Schedule II to the M.P. General Sales Tax Act, 1958. The petitioners contend that puffed rice and beaten rice, which are also known as murmura, lal and poha, are taxable under the aforesaid entry at the rate of 3 per cent and not under the residuary entry in Part VI at the rate of 10 per cent as contended by the department.2. The period involved in both the petitions is from 1st November, 1978, to 21st October, 1979. In Misc. Petition No. 259 of 1983, the Assistant Commissioner of Sales Tax, Durg, by order dated 30th November, 1982, assessed the petitioner on sales of murmura and poha at the rate of 10 per cent. He also assessed sales of paddy husk called konda at the rate of 4 per cent. In the other petition (Misc. Petition No. 1695 of 1982), the Additional Sales Tax Officer, Durg, by ord...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005CriLJ1328
ORDERAjit Singh, J.1. This revision, by the State, is directed against the order dated 24-2-1998 passed in Criminal Appeal No. 1/1997 by the First Additional Sessions Judge (Special Judge), Khandwa, whereby he has discharged the accused/non-applicant of the offence under Section 7, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988.2. According to the prosecution case, the non-applicant was posted as clerk, Grade I, in the Land Record Section of the Office of Collector, Khandwa. In that Section one Shaila Pare was posted as Clerk, Grade II. On 11-9-1996 Shaila Pare made an oral complaint to Shri S.K. Vashisth, Collector Khandwa, against the non-applicant that he is demanding Rs. 200/- as illegal gratification to process her application for the withdrawal of Rs. 40,000/- from her General Provident Fund Account. Shri Vashisth, in order to verify her complaint, himself signed two currency notes of Rs. 100/- each in front of other officers and gave the same to her. Sha...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2001]115TAXMAN393(MP)
ORDERBy filing this writ under articles 226 and 227 of the Constitution, the petitioner claims following relief :'7(a) By an appropriate writ, direction or order the respondent No. 4 be directed not to accept the valuation made by the respondent No. 3 vide Annexure P2;(b) By an appropriate writ, direction or order, it be held that the reference made by the respondent No. 2 vide Annexure P 1 to the respondent No. 3 is without jurisdiction, unwarranted and not sustainable in law and, therefore, deserves to be quashed.'In order to appreciate the controversy involved in this writ and the issue urged, few facts which lie in a narrow compass that led to filing of the petition need mention.2. The petitioner, an assessee, as defined under section 2(7) of the Income Tax Act, 1961 (hereinafter referred to as the Act) is engaged in the business of construction of multistoreyed buildings and allied construction. The petitioner has filed the return of their income for the assessment year 1999-2000 ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT318
ORDERA.K. Patnaik, C.J.1. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10-10-2007 of the Collector, Hoshangabad detaining him under the National Security Act, 1980 (for short 'the Act').2. The facts as briefly stated in the writ petition are that the petitioner contested election for the post of Councillor, Municipal Council, Itarsi on 24-11-2004 and was declared elected from Ward No. 17 securing maximum number of votes. On 18-4-2007, the Collector Hoshangabad issued an order of externment of the petitioner under the M.P. Rajya Suraksha Adhiniyam, 1990 expelling him from Hoshangabad, Harda, Betul, Narsinghpur, Sehore and Raisen Districts for a period of one year on grounds mentioned in the order. The petitioner challenged the order of externment before the High Court and the High Court directed the stay of the order of externment. Thereafter, the Police arrested the petitioner under Section 110 of the Code of Criminal Pr...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1956CriLJ1327
Chaturvedi, J. 1.This is an appeal filed by the Government under Section 417, Criminal P.C., against the order and judgment of the Additional District Magistrate, Ujjain in Criminal Case No. 2 of 1953 acquitting; the respondent Siddhanath of an offence under Section 171F, Penal Code.2. The learned Government Advocate while arguing the appeal made it quite clear that the appeal has been filed for getting an authoritative pronouncement from this Court on the question whether the prosecution is bound to prove the guilty intent, mens rea, in cases of personation at an election. It was added that the Government are not pressing for any deterrent sentence on the respondent in case he is found guilty of the offence of personation under Section 171 P, Penal Code.3. The case related to the 1952 election of the Legislative Assembly and the Parliament Lob Sabha, The name of Gangaram s/o Haresingh aged 50 was recorded in the voters' list as a voter for these two elections. The said Gangaram fell s...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT449
ORDERS.P. Srivastava, J. 1. Feeling aggrieved by the judgment and order passed by the learned Single Judge whereunder allowing the writ petition filed by the contesting respondent the punishment of removal from service imposed upon him has been set aside substituting reversion for the same for one step below the post held by him with a further directing requiring the appellant to pay him fifty per cent of the back wages which he would have earned on the reverted post, the employerhas now come up in Letters Patent Appeal seeking redress praying for the reversal of the impugned order. 2. We have heard the learned counsel for the appellant as well as the learned counsel representing the contesting respondent and have carefully perused the record. 3. The facts in brief, shorn of details and necessary for the disposal of this appeal lie in a narrow compass. A common disciplinary proceeding under the provisions of the Central Ware Housing Corporation (Staff) Regulations, 1986, was initiated ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1980)IILLJ322MP; 1980MPLJ251
ORDERA.R. Nakar, J.1. This is a revision against the order dated 16-5-1979, passed by the First Additional District Judge, Gwalior in Civil Miscellaneous Appeal No. 29 of 1979, against the order passed by the Seventh Civil Judge, Class II, Gwalior on 1-5-1979.2. The facts of the case are that the plaintiff Prakash Chandra Saxena has filed a suit for declaration and cancellation of the order of his transfer dated 3-1-1979 with the allegation that he is in permanent Government service since 1948. He is a gazetted officer since 1962 and he was transferred as gazetted Government servant to different places. The record of his service is clean and without blemish. He was transferred on 31st August, 1977 on the post of the Principal, Government Higher Secondary School, J. A. Sindh, Lashkar, Gwalior, on humanitarian grounds. He alleges that Madhya Pradesh Government, under the pressure of the Sindhi Society, by its order dated 27-10-1978, with an intention to give undue advantage to one Sumanl...
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