Court : Madhya Pradesh
Reported in : AIR1962MP301
Krishnan, J.1. This is an appeal by the plaintiff from the judgment and decree dismissing his suit for compensation, in respect of a consignment belonging to him, of a boiler and attached parts, carried by the Railway from Kanpur to Sehore, parts of which on arrival were found to have got broken, and parts missing. The questions for decision at this stage are,(i) Whether the suit was bad, (a) for non-compliance with the provisions of Section 77, Railways Act, the claim being preferred in writing more than after six months from the date of delivery of the goods for carriage; (b) for non-joinder, as party, either of the two railway administrations i.e. Northern Railway administration to which the goods were delivered by the consignor and the Central Railway administration over which the goods had to be carried during the latter part of the transport; (c) for limitation under Article 30, and the effect, if any, of the defendant's not having pleaded that the suit had been filed beyond the ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ126; [2006]145STC639(MP)
ORDERR.V. Raveendran, C.J.1. These two petitions involving common questions of fact and law are heard together and disposed of by this common order. Though the respondents are common, the petitioners are different. The petitioner in the first petition is Nemi Chand Jain ('N.C. Jain', for short) and the petitioner in the second petition is S.C.J. Kochhal.2. Section 4 of the M.P. Vanijyik Kar Adhiniyam, 1994 ('the Act', for short) relates to constitution of Tribunals. By Amendment Act, 2003, the word 'Tribunal' has been substituted by the expression 'Appellate Board'. Section 4 provides that subject to such rules as may be made in that behalf, the State Government may, by notification, with effect from a date specified therein, constitute a Tribunal to exercise the powers and perform the functions conferred on the Tribunal by or under this Act. Rule 4 of the M.P. Vanijyik Kar Niyam, 1995 ('the Rules', for short) as it originally stood, provided that the Tribunal shall consist of three or...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1984MP77
J.S. Verma, J.1. Petitioner No. 1 (hereafter referred as petitioner Company) is a company incorporated under the Companies Act and petitioner No. 2, V. K. Khanna, is one of its Directors. Respondent No. 1, M. P. Housing Board, is a body corporate, which has been established under Section 3 of the M. P. Griha Nirman Mandal Adhiniyam, 1972 (hereafter referred as the 'Adhiniyam') The M. P. Housing Board has constructed a six storey building on the Agra Bombay road at Indore. This building was given by the Housing Board to the petitioner company for running a hotel, known as 'Suhag Hotel' therein, on the terms and conditions contained in the agreement (Annexure-A) dated 9-1-1978.2. During the occupation by the petitioner-Company of this building as a licensee, contravention of the terms and conditions of the aforesaid agreement (Annexure-A), particularly those relating to payment of the licence fee was alleged by the Housing Board and not denied by the petitioner-Company. Accordingly, a no...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1992MP318; 1992(0)MPLJ953
1. By this petition under Article 226 of the Constitution, the petitioner has made a prayer for directing the respondent No. 2 the Madhya Pradesh Electricity Board, (in short, the 'Board'), to reconsider the tenders, including that of the petitioner, but excluding the one submitted by the respondent No. 4 M/s D.C. Industrial Plants Services Ltd., (in short, the 'DCIPS'), 'for complete Design, Manufacture, Assembly, Testing at Manufacturer's work, Supply, Handling all along, Erection, Testing and Commissioning etc. of Ash Handling System for Sanjay Gandhi Thermal Power Station (2 x 210 MW) at Birsinghpur Pali-P.O., Distt. Shahdol (M.P.) as fully described in Tender Specification' in response to its tender notice dated 23-5-1990 (Annexure D), as amended by Addendum dated 4-9-1990 (Annexure F); after quashing its decision dated 14-6-1991 (Board's Annexure 5) for awarding the contract to the respondent No. 4 DCIPS and the Letter of Intent dated 21-6-1991 (Annexure J) issued in its favour.2...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP101; 2004(1)MPLJ38
ORDERArun Mishra, J.1. Petitioners have filed the present writ petition for issue of writ of certiorari for quashing the order (Annexure-I) dt. 6-10-1990 passed by the Divisional Forest Officer, the order (Annexure-J) passed by the Conservator of Forest on 6-10-1990 and the order (Annexure-K) passed by the learned Sessions Judge on 4-4-1991 and also the seizure memo of truck No. CPQ-5990.2. Petitioner No. 1 is a manufacturer of Bidi. Petitioner No. 2 Shri Munna Khan is the owner of the Truck No. CPQ-5990 and is a transporter. Tendu leave being forest produce, the State of Madhya Pradesh has framed Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (hereinafter referred to as the 'Adhiniyam'). Similar Acts are enacted in other States. Petitioner submits that the operation of the Act is confined to the particular State concerned. Adhiniyam of Madhya Pradesh is a complete Code in itself. Section 5 put restriction on purchase or transport of tendu leaves except in the manner pre...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP104; 2004(1)MPLJ188
S.S. Jha, J.1. This appeal is filed by the appellants-State challenging the judgment delivered by the Single Bench in Writ Petition No. 1165/2002 decided on 29-1-2003.2. Brief facts of the case are that respondent Rambabu Agrawal had filed a civil suit for specific performance of contract. Suit was decreed and the Court directed the defendant to execute the sale-deed of the property at Rs. 50,000/-, Sale-deed was executed through Court for a consideration of Rs. 50,000/-. The sale-deed was presented for registration valuing the property at Rs. 50,000/- and stamp duty was paid accordingly. Sale-deed was presented before the Registrar. Registrar without registering the document wrote a note that market value of the property is less than the market value fixed, and referred the matter to the District Registrar and Collector of Stamps, Gwalior under Section 47A(1) of the Indian Stamp Act, 1899. Collector of Stamps issued notice for the purpose of assessing the market value of the property ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
S.P. Srivastava, J.1. Finding a mist of confusion in the scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, in regard to the exclusion of the jurisdiction of the Civil Court in the matters relating to various rights which may require adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this Court, two learned Single Judges of this Court thought it appropriate to refer the questions of law framed by them for being considered and answered by a Full Bench so that the position in law may be clarified and this is how this matter has come up for consideration before the present Full Bench constituted by Hon'ble the Chief Justice.2. One of the learned Single Judges while hearing the aforementioned four second appeals involving the substantial question of law as to whether in view of the provisions of Section 57 of the Madhya Pradesh Land Revenue Code, the Civil Court h...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT382
ORDERArun Mishra, J.1. Learned Single Judge has made a reference in this revision. Following question has been referred for consideration in the Division Bench:-Whether the 'Food Inspector' Shri S.C. Gupta, could function as a Food Inspector in local area of Mandideep in absence of a notification assigning him the local area of Mandideep ?Learned Single Judge has referred the matter for consideration of the aforesaid question in the backdrop of the fact that it was contended on behalf of the accused that there was no notification issued by the State Govt. assigning the area of Mandideep to Shri S.C. Gupta, hence he could not function as Food Inspector in the local area of Mandideep. Reliance was placed upon Section 9(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954').2. Learned Single Judge has observed that it is necessary to issue notification to assign the local area to Food Inspector so that any person is free to verify whether his ap...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP117; 2004(1)MPLJ285
ORDERArun Mishra, J.1. This bunch of 12 writ petitions is filed by the State Government assailing the order Annexure P/6 passed by the Board of Revenue dated 3-4-2002.2. Sale deeds were presented by the purchasers for registration, the sale deeds are styled in the form of deed of assignment cum sale deed. Different sale deeds were executed each for a consideration of Rs. 4,16,667/-, plot value was shown at Rs. 3,50,000/-, structure value Rs. 66,667/-, stamp duty paid was Rs. 32,620/-. The sale deeds were registered by the Sub-Registrar (Registration), Jabalpur and transactions were recorded. Sub-Registrar opined that valuation of the land and building in the instrument is not proper and adequate and forwarded the same to the Collector of Stamps for determination of the market value of the property and the proper stamp duty payable thereon as per memo P/2 dated 29-6-1999. In the opinion of the Registering Officer each of the property ought to have been assessed at Rs. 38,77,000/- in acc...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. By means of this public interest litigation, a Non-government organization, namely 'Narmada Bachao Aandolan' seeks to highlight the plight of land oustees, majority of whom, belong to weaker section of the society. The aforesaid land oustees are being uprooted for construction of Upper Beda Dam on river Beda, a tributary of holy river Narmada which is also known as 'Reva' in central India and is the fifth largest river in the Indian subcontinent. It is worth mentioning that Narmada River has huge water potential and has 41,000 m. cum of average annual flow. In order to utilize the water potential of the river Narmada and to provide the water for drinking as well as irrigation purposes to areas which face the problem of water scarcity, several dams and canals have been constructed on river Narmada and on its tributaries; one of them is Upper Beda dam with which we are concerned in the case in hand.2. The petitioner claims to be an organization of the oustees working for last twenty y...
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