Court : Madhya Pradesh Jabalpur
1. In W.P. No. 7352/2007, prayer has been made for quashing order (P-4) dated 11.4.2007 passed by Principal Secretary, Department of Medical Education, Madhya Pradesh, Bhopal. Prayer has also been made to direct the respondents to permit the petitioner institution to practice and impart education in alternative system of Electro Homeopathy System of Medicine in accordance with law. Prayer has also been made to issue mandamus directing respondents State to formulate the rules and regulation as well as guidelines by bringing regulatory legislation for Electro-Homeopathy System as per direction of Delhi High Court passed in W.P. No. 4015 of 1996.2. In W.P. No. 2242/2007 prayer has been made to quash order dated 22.1.2007 and communications dated 6.2.2007 and 3.2.2007 issued by the respondents. Further prayer has been made to permit the petitioner institution/College established at Baihar, Balaghat to function and direct the respondents to grant registration to the petitioner institution.3...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
ORDERDipak Misra, J. 1. The centrum, issue that we are obligated to advert to in this batch of writ petitions, which are inseggregable and inseverable, is 'education' that makes a man a complete human being in its conceptual essence and connotativecontinuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'Vidya' in the following terms:--'VIDYA NAAM NARASYA ROOPAMADHIKAMPRACHHANNA GUPTAM DHANAMVIDYA BHOGAKARI YAASHAH SUKHAKARIYIVIDYA GURUNAM GURUHVIDYA BANDHUJANO VIDESHGAMANEVIDYAPARAM DAIVATAMVIDYA RAJASUPUJYATE NAHI DHANAMVIDYA BIHINAH PASHUH.'A free translation of the aforesaid verse would mean that education is the most resplendent exposition of a man and in it inheres the concept of quintessential treasure. It is the bedrock of all happiness, fame and pleasure. Education is the preceptor of the teacher and acts as a dear friend in travel and is the supreme God, the creative intelligence. It is education but not money which is honoured and respected in the roy...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ342
ORDERS.K. Chawla, J.1. The question involved in this writ petition is, whether a petitioner can justly invoke the equality clause enshrined in Article 14 of the Constitution of India to seek Court's direction to the State commanding it to do an illegal act in favour of the petitioner, if only because the State in its. action committed the same kind of illegal acts in favour of some others? Couched in this verbiage, the question admits of a simple anwser in the negative. But the learned counsel for the petitioner tried to make out a plausible case of hostile discrimination against the petitioner.2. First the facts. Dr. Kamlesh Kumar Udenia is an M.B.B.S. and Assistant Surgeon in the employment of the State of Madhya Pradesh since 14-4-1988. After having worked in outlying Government hospitals, he is working in the Department of Medicine in G. R. Medical College and J. A. Group of Hospitals, Gwalior since November, 1989 vide Annexure P-IV On 1-6-1992, the Director of Health Services, Mad...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP114; 2003(1)MPLJ375
ORDERArun Mishra, J.1. The relief of the petitioner in the instant writ petition is to direct respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to amend the degree of the petitioner from that of M. D. (Pathology and Microbiology) to M. D. (Pathology). The petitioner further prays to direct respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to adopt the line of action as adopted by Devi Ahilya Vishwa Vidyalaya, tndore as per notification (Annexure P/8) dated 19-2-1998. The petitioner also prays to direct the M.P. Medical Council, Bhopal to register the petitioner for additional qualification in M. D. (Pathology). 2. Petitioner avers that he did M.B.B.S. and thereafter M.D. (Pathology and Microbiology). These degrees were granted by Rani Durgavati Vishwa Vidyalaya, Jabalpur. The petitioner made an application to the M.P. Medical Council, Bhopal for registration of his additional qualification of M.D. (Pathology). M.P. Medical Council, Bhopal refused to register the petit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(1)MPLJ115
S.C. Pandey, J.1. This is defendant's second appeal against the judgment and decree dated 29-7-1989, passed in Civil Appeal No. 63-A of 1988 confirming the decree passed by the trial Court.2. The relevant facts necessary for the determination of this appeal are as follows :-The respondent filed a Civil Suit No. 84-A of 1984 in the Court of Civil Judge, Class-I, against the appellant. This suit was for specific performance of the agreement dated 11-8-1994 whereby the appellants agreed to convey a building site of 15' x 40' abutting Khurai-Bina Road to the respondent. The consideration for the sale of the plot was Rs. 19,000/-. Subsequently, the respondent applied for amendment of his plaint claiming that he was entitled to claim Rs. 2,000/- by way of damages for removal of a shutter from the plot by the appellants and also claimed that a decree for demolition of roof on suit plot put by the appellants. The value of second relief was not disclosed. It appears that the trial Court allowed...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ113
ORDERD.M. Dharmadhikari, J.1. The petitioner No. 1- Smt. Usha Raje is the daughter of ex-ruler of Indore State - Maharaja Yeshwant Rao Holkar. Petitioner No. 2 is the husband of the petitioner No. 1. Petitioner No. 3 called Princess Usha Trust was constituted by an indenture of trust created by the late ex-ruler executed by him on 10-4-1950. The petitioner No. 4 - Devi Ahilyabai Educational Trust was constituted by a trust-deed executed on 18-12-1973 by Princess Usha Devi who transferred all the properties to the charitable trust.2. Maharaja Yeshwantrao Holkar, the ex-ruler was the owner of all the lands within the Holkar State which included agricultural lands. Before 1950 the Indore Land Revenue and Tenancy Act, 1931 governed the law relating to the land tenures in the erstwhile Holkar State. 'Under Section 27 of the said Act of 1931 the entire land of Holkar State was the property of Maharaja and no person could get any portion of the land without a lawful authority from him. The sa...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1995MP1
U.L. Bhat, C.J.1. Certain common questions have been raised in these writ petitions and they have been heard together and are being disposed of by this common judgment.2. Petitioners in various petitions are owners of motor vehicles such as trucks, jeeps, tractors, stage carriage vehicles etc. On the allegation that these vehicles have been used for removing forest produce contrary to law, they have been seized by Forest Officers or Police Officers and confiscation proceedings have been intiated orabout to be initiated against them. In most of the cases, action is being taken under the provisions of the Indian Forest Act, 1927 (for short, Central Act), as amended by the Indian Forest (M. P. Amendment) Act, 1983, (for short, 1983 Act). In a few of the cases, action is being taken underthe M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969, i.e. M. P. Act 9 of 1969(for short, 1969 Act), as amended by the Amending Act 15 of 1987. In most of the cases, by interim orders, vehicles have been ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP282; [1959]10STC117(MP)
ORDERP.V. Dixit, J.1. This reference under Section 13(1) of the Madhya Bharat Sales Tax Act, 1950, has come up before me for hearing on a difference of opinion having arisen between my learned brothers Newaskart., and Samvatsar J., who first heard the reference, The facts and circumstances in which the reference has been made, have been stated in the opinion expressed by my learned brothers. It is not necessary for me to repeat all these facts & circumstances. The relevant facts, however, can be very shortly stated. Section 11 of the Madhya Bharat Sales Tax Act gives a right of appeal to an assessee against any assessment or order of refund or penalty to the prescribed authority.It also prescribed the form in which an appeal is to be preferred, the procedure for its hearing, limitation for filing an appeal, the powers of the appellate authority and inter alia says that every order passed in appeal under the Section shall, 'subject to the powers of revision conferred by Section 12 of th...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP66; [2003(4)JCR320(MP)]; 2003(2)MPLJ290
K.K. Lahoti, J.1. Defendants have filed present appeal challenging the judgments and decrees passed by the Courts below by which suit filed by the respondent No. 1/ plaintiff was decreed for Rs.15.400/-.2. Short facts of the case are that plaintiff entered into an agreement with appellants for transportation of goods from Itarsi Railway station to the godowns of appellants. For this purpose respondent No.1 submitted a guarantee through respondent No.2 New Bank of India. Contention of the plaintiff was that he has completed the work as per conditions of the agreement and was entitled for refund of bank guarantee and in spite of several requests, appellants have not refunded the guarantee amount. On these grounds suit was filed for recovery of Rs.16,900/-.3. Appellants denied the claim contending that plaintiff has committed breach of the agreement. He has not transported 120 bags of sugar in time to godown of defendant at Pipariya and there was delay in transporting the aforesaid sugar....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(5)MPHT327; 2002(4)MPLJ572
ORDERArun Mishra, J.1. Petitioner in this writ petition is seeking quashment of the order (P-12) dated 4-4-2001 issued by the Superintendent Engineer, Madhya Pradesh State Electricity Board, Chhindwara, and the bills (P-10 and P-11) dated 16-8-2001. This challenge is based on the ground that Captive Power Policy, 2001 issued on 20th February, 2001, by the State Government is not applicable with respect to the petitioner Unit.2. As per Captive Power Policy, 2001, captive power plant shall have to be used by the consumer to whom permission is granted. After issue of this notification, he shall be bound to draw atleast 50% of electricity from Madhya Pradesh Electricity Board out of its total monthly requirement. The bills have been raised by the M.P: Electricity Board applying new policy in case of petitioner.3. The petitioner is a company having its factory at Village Sausar, District Chhindwara, manufacture HDPE/PP Woven Fabrics, Bags and Master Batches, For running of the factory, the ...
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