Court : Madhya Pradesh
..... in favour of appellant for his appointment as panchayat karmi and as per resolution dated 25.12.2007 appellant was appointed on 25.12.2007 so there was no question of any other appointment under section 86(2) of the panchayat act. (2) that the appellant was a local candidate while respondent no.6 was not a local ..... action of the chief executive officer under section 86(2) of the panchayat act and consequential orders for appointment of panchayat karmi. (m) respondent shashikant vishwakarma also filed a writ petition before the single bench for quashment of order dated 28.12.2007 by which the appellant herein was appointed by the panchayat and for a direction ..... for fresh consideration. thereafter a reminder was sent on 01.12.2007 to the panchayat to select the panchayat karmi within seven days. (h) as no selection was made till 24.12.2007, the collector had invoked the provisions of section 86(2) of the panchayat act and vide letter dated 18.11.2008 directed the chief executive officer .....
Tag this Judgment!Court : Madhya Pradesh
..... of the borrowing company could ::14. :: not plead ignorance of the entire transaction (everest advertising (p) ltd. v. state, govt. of nct of delhi, (2007) 5 scc 5.referred to).21. learned senior counsel, still making reference to a decision of the division bench in dolly devendrakumar shah versus state of m.p. 1984 ..... were responsible for the conduct of the business of the company. (iii) vicarious liability can be inferred against a company registered or incorporated under the companies act, 1956 only if the requisite statements, which are required to be averred in the complaint/petition, are made so as to make the accused therein vicariously ..... upon a complaint made on behalf of the respondent viz. madhya pradesh state industrial development corporation (for brevity mpsidc .), a government company registered under the companies act.3. common averments made in the complaints may be summarized as under the petitioner, being the chairman, was the in- charge of and responsible for the conduct .....
Tag this Judgment!Court : Madhya Pradesh
..... therefore, the petitioner as the executive chairman could not plead ignorance of entire transaction (everest advertising (p) ltd. v. state, govt. of nct of delhi, (2007) 5 scc 5.referred to). under these circumstances, as opined in paresh p. rajda v. state of maharashtra air 200.sc 2357.it would be inappropriate to ..... were responsible for the conduct of the business of the company. (iii) vicarious liability can be inferred against a company registered or incorporated under the companies act, 1956 only if the requisite statements, which are required to be averred in the complaint/petition, are made so as to make the accused therein ..... garg, upon complaints made on behalf of the respondent viz. madhya pradesh state industrial development corporation (for brevity mpsidc .), a government company registered under the companies act.3. common averments made in the complaints may be summarized as under the petitioner, being the executive chairman, was the in-charge of and responsible for the .....
Tag this Judgment!Court : Madhya Pradesh
..... the present petition wherein they had only assailed the validity of the sale deeds executed in favour of respondent nos.2 to 5 and it was only subsequently by an amendment made in the petition on 29.3.2010 on an application, i.a no.3566-w/1999 filed on 1.10.1999, that the petitioners assailed the resolution ..... an observation to the effect that the state and its authorities may examine the second contention of the petitioners regarding violation of the provisions of section 109 of the municipalities act in respect of sale of the chhat (terrace) made by the municipal council in case the petitioner, if so advised, approaches the state and in case it does ..... p-8a, pursuant to which auction notice was published from 4th to 10th january 1994. in the meanwhile, the state government enacted the m.p. nagar sudhar nyas (nirsan) act, 1994 which came into effect from 1.8.1994 as a consequence of which the town improvement trust was dissolved and all the assets and liabilities of the town improvement .....
Tag this Judgment!Court : Madhya Pradesh
..... turn up. hence, the present suit has been filed praying a decree of specific performance of contract.6. after the written-statement was filed by the defendant, the plaintiff amended his plaint and pleaded that the f.a. no.387/1996 5 transaction was not of loan not the defendant was in need of any money. it has also been ..... was taken by the defendant, the conduct itself disentitles him from opposing the suit of specific performance of contract.26. however, under section 16(c) of the specific relief act the plaintiff is still required to prove his readiness and willingness. i am not at all impressed by the submission of learned counsel for the appellant that the plaintiff was ..... by the parties that the suit property would be sold to the plaintiff.13. by inviting my attention to section 16(c) of the specific relief act, 1963 (in short the specific relief act .) it has been put forth by learned counsel that the plaintiff is not only required to plead that he is ready and willing to perform his .....
Tag this Judgment!Court : Madhya Pradesh
..... the court in view of the following background facts (i) before marriage, pratibha had a brilliant academic career and passed b.a. examination in the first division in the year 2007. (ii) at the time of marriage, she had not been suffer- ing from any disease and (iii) before approving the marriage proposal, the re- spondent no.1 ..... did not say anything about misrepresentation as to pratibha s post graduation in science and none of the in- dependent witnesses viz. bhupendra tiwari and ram pratap yadav had acted as mediator to the marriage. in such a situa- tion, it was not possible to presume that the petitioner had made any misrepresentation as to educational qualification or ..... 2260.mere branding of spouse as schizophrenic is not sufficient for estab- lishing the ground of mental disorder as contemplated in sec- tion 13(1)(iii) of the act and degree of mental disorder of the spouse must be proved to be such that petitioning spouse can- not reasonably by expected to live with other.19. there is .....
Tag this Judgment!Court : Madhya Pradesh
..... report, ann. p-20 and ann.-p-21, the possession of the disputed land was found with the petitioners and pursuant to such report through application dated 15.11.2007, (ann. p-22) the petitioners, besides the grounds taken in initial application, (annexure p-19) filed in compliance of the order of this court, (annexure p ..... to balance competing interests, keeping in mind that the interests of justice and public interest coalesce generally. a court of equity, when exercising its equitable jurisdiction must act so as to prevent perpetration of a legal fraud and promote good faith and equity. an order in equity is one which is equitable to all the parties ..... compensation, then came to knot first time that the aforesaid land has been declared as government land under the provision of urban land (ceiling & regulation ) act 1976, in short the act . and pursuant to it, the compensation was not granted to them.4. on the aforesaid information, the petitioners obtained the copy of khasra panchshala, then .....
Tag this Judgment!Court : Madhya Pradesh
..... have effect outside the state of 10 w.p no.9903/2010 chhattisgarh and thereby give the state enactment an extraterritorial operation. section 2(f) of the amended act defines off- campus centre . which means a centre of the university established by it outside the main campus (within or outside the state) operated and maintained ..... /recognised by the university out of m.p. be directed that they shall not invite fresh application for new admission in any course for the academic year 2006-2007. however, admissions given in the earlier session would continue in accordance with the memorandum of understanding till duration of completion of respective course. it is put forth ..... directed all the universities within the state of tamil nadu that m.phil and ph.d courses should not be offered through distance education from the academic year 2007-08, inspite of which the petitioners 19 w.p no.9903/2010 have been awarded m.phil and ph.d marksheets by the madurai kamraj univestity, chennai and .....
Tag this Judgment!Court : Madhya Pradesh
..... have effect outside the state of 10 w.p no.9903/2010 chhattisgarh and thereby give the state enactment an extraterritorial operation. section 2(f) of the amended act defines off- campus centre . which means a centre of the university established by it outside the main campus (within or outside the state) operated and maintained ..... /recognised by the university out of m.p. be directed that they shall not invite fresh application for new admission in any course for the academic year 2006-2007. however, admissions given in the earlier session would continue in accordance with the memorandum of understanding till duration of completion of respective course. it is put forth ..... directed all the universities within the state of tamil nadu that m.phil and ph.d courses should not be offered through distance education from the academic year 2007-08, inspite of which the petitioners 19 w.p no.9903/2010 have been awarded m.phil and ph.d marksheets by the madurai kamraj univestity, chennai and .....
Tag this Judgment!Court : Madhya Pradesh
..... have effect outside the state of 10 w.p no.9903/2010 chhattisgarh and thereby give the state enactment an extraterritorial operation. section 2(f) of the amended act defines off- campus centre . which means a centre of the university established by it outside the main campus (within or outside the state) operated and maintained ..... /recognised by the university out of m.p. be directed that they shall not invite fresh application for new admission in any course for the academic year 2006-2007. however, admissions given in the earlier session would continue in accordance with the memorandum of understanding till duration of completion of respective course. it is put forth ..... directed all the universities within the state of tamil nadu that m.phil and ph.d courses should not be offered through distance education from the academic year 2007-08, inspite of which the petitioners 19 w.p no.9903/2010 have been awarded m.phil and ph.d marksheets by the madurai kamraj univestity, chennai and .....
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