Court : Madhya Pradesh
Reported in : 2003(1)MPHT42
ORDERS.L. Kochar, J.1. In our country to have our own house is virtually a dream at least for Classes III and IV employees. The State Govt. in the year 1996 liberalized grant of advances to employees from their GPF A/cs., but unfortunately these teachers have been put to trial though they have taken advances as per GPF Rules.By this common order Criminal Revision No. 434/2002 (Laxminarayan Tiwari v. State); Criminal Revision No. 435/2002 (Kailashchandra v. State); Criminal Revision No. 436/2002 (Narayan v. State); Criminal Revision No. 506/2002; in all these revisions applicants are teachers and in Cr. R. No. 537/2002 (Radhakant v. State); Cr. R. No. 538/2002 (Radhakant v. State); Cr. R. No. 539/2002 (Radhakant v. State); Cr. R. No. 540/2002(Radhakant v. State) and Cr. R. No. 541/2002 (Radhakant v. State) wherein applicants are Block Education Officers, are also being disposed of. Accountant Keshav Joshi has not filed any revision against the impugned order.2. The aforesaid Criminal Re...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP190; 2002(4)MPHT343; 2002(4)MPLJ354
ORDERS.P. Khare, J.1. This is a revision by the plaintiffs under Section 115, CPC against the order by which their appeal under Order 43 Rule 1 (r), CPC challenging the order of the rejection of their application for temporary injunction under Order 39 Rules 1 and 2, CPC filed in the suit, has been dismissed.2. A preliminary objection has been raised on behalf of the respondent No. 3 that the present revision is not maintainable in view of the proviso to Section 115(1), CPC. Reliance is placed by him on the decision of this Court in Sawal Singh v. Smt. Ramsakhi, 2002(4) M.P.H.T. 200 = 2002 (II) MPJR 169. This objection has been raised in several other revision petitions pending before this Court. Therefore, arguments were heard at length. Sarvashri Ravish Agrawal, Sr. Advocate, R.P. Agrawal, Sr. Advocate, R.P. Jain, R.S. Tiwari, P.D. Tiwari, Alok Aradhe and Ajay Mishra, Advocates have also addressed this Court on this point.3. The proviso to Section 115(1), CPC reads as under:--'Provid...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
Dipak Misra, J.1. The term 'Law' is applied and taken recourse to herald the incandescent attributes of civilisation with stupendous felicity and the advancement of society is conditioned by the appropriate legal evolution. Sometimes the law is conceived as 'jus naturale', at times as 'jus civile' and some other times it is equated with 'jus honorarium'. But the term 'jus' is always important. 'Jus' should never succumb to 'Joss'. That is why it has been said that the law is not the study of words alone but a penetration into the study of nature within and nature without which are projected through words that have the moving power of life. For that Simon pure reason William Shakespeare spoke : 'The Law hath not been dead, though it hath slept'. We have embarked upon the subject with the aforesaid prefatory note as our essay and venture is to find out whether by substitution of Section 100A of the code of Civil Procedure, 1908 (in short 'the Code') the Legislature by taking recourse to ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(1)MPHT466
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India challenging the notice dated 13-10-1995 of the respondent No. 1 calling for applications to fill up the post of Principal and for a direction to promote the petitioner on that post.2. It is not in dispute that a College known as 'Pandit Loknath Shastri Sanskrit Mahavidhyalaya' (hereinafter to be referred to as the 'College') is being run by respondent No. 1 Municipal Corporation, Jabalpur which is affiliated to respondent No. 6 Avadhesh Pratap Singh Vishwavid-hyalaya, Rewa. The pattern of education in the College is known as 'PrachyaVidhya Pranali'. Sanskrit and other subjects are being taught to the students under this system. The political science is one of them. Hindi is also being taught. Petitioner Mamta Rani Mishra is 'Acharya' in Sanskrit and M.A. in Political Science. She is working as a Lecturer in the College from 19-2-1983. In Writ Petition No. 2602 of 1994 by order dated 30...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2003)183CTR(MP)33; [2005]274ITR582(MP)
Arun mishra, J. :1.In this writ petition petitioner assails the order p. 10, dt. 23rd Dec., 1997, communicated on 16th Aug., 2001, passed under Section 264 of the IT Act, 1961, for the accounting year 1993-94 dismissing the revision filed by the petitioner against the order p. 7 passed under Section 139(9) of the IT Act, 1961 (hereinafter referred to as 'the Act, 1961').2. The facts shorn of unnecessary details indicate that petitioner is a Government company registered under the Indian Companies Act, 1956, (hereinafter referred to as 'the Act, 1956') and formed by the State Government for the purpose of development of agricultural activities for providing various agricultural inputs at reasonable rates to the farmers by manufacture and also by way of trading in various items connected with agriculture and village development.3. Petitioner submitted its return of income for the accounting year 1993-94 in the asst. yr. 1994-95 on 30th Nov., 1994, declaring loss of Rs. 5,03,250 on estima...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(2)MPHT188
K.K. Lahoti, J.1. Defendant aggrieved by judgment and decree passed by the Courts below has filed present appeal. Both the Courts below have found that the plaintiff/ respondent bona fidely needed the suit accommodation for business of his major son Kundanlal.2. This appeal was admitted on 2-8-2000 on following substantial questions of law :--'(i) Whether the Lower Appellate Court was right in holding that it did not matter to the case of the respondent if he did not in the witness box say in so many words that he required the suit shop bona fide for opening a shop of his son Kundanlal ? (ii) Whether the Court below failed to see that it was the requirement of the respondent Hajarilal and not that of his son which gave him right to evict the appellant and, therefore, it was incumbent upon the respondent to say so in the witness box, failing which, it can be presumed that there is no bona fide requirement ? (iii) Whether the evidence led by the appellant in respect of alternative accomm...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2003)179CTR(MP)547; [2003]260ITR358(MP)
S.B. Sakrikar, J.1. This judgment shall govern the disposal of the aforesaid appeals. In the aforesaid appeals, a common question of law is involved, as such, they have been heard together and being disposed of by the common judgment.2. The appellant-Union of India has directed the aforesaid appeals against the judgments dated June 25, 1992, and December 22, 1992, rendered by the ACJM (Economic Offences), Indore, respectively, in Criminal Case No. 95 of 1988 and Criminal Case No. 60 of 1990, whereby the learned magistrate acquitted the accused-respondents of the offences punishable under Section 276DD read with Section 278B of the Income-tax Act.3. In both the cases the accused-respondents, in the relevant year of assessment, received cash deposits from the persons in contravention of Section 269SS of the Income-tax Act. A prosecution was instituted against the respondents after issuing a show cause notice on the respective respondents. In Criminal Appeal No. 619 of 1993, the complaint...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(1)MPHT428; 2003(3)MPLJ308
ORDERS.P. Khare, J.1. This is an appeal by applicant Maihar Cement under Section 41 of the M.P. Vidyut Sudhar Adhiniyam, 2000 (hereinafter to be referred to as the 'Adhiniyam') against the order by which the M.P. Electricity Regulatory Commission (hereinafter to be referred to as the 'Commission') has declined to give consent to it to install additional 15 MW thermal captive power plant on its application under Section 21 of the Adhiniyam.2. It is not in dispute that the petitioner is a company registered under the Companies Act, 1956 and it is manufacturing cement at Maihar. It requires uninterrupted supply of electricity. It has been provided at HTconnection at 132 KV with a contract demand of 23 MVA by the M.P. Electricity Board (hereinafter to be referred to as the 'Board'). The petitioner company has already installed 'captive power plants' of 30.3 MW after obtaining consent of the Board under Section 44 of the Electricity (Supply) Act, 1948 (hereinafter to be referred to as the '...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP278; 2003(1)MPHT340; 2003(3)MPLJ2512
ORDERS.P. Khare, J.1. This is a revision by the applicants against the order by which their appeal challenging the order of the rejection of their application under Section 372 of the Indian Succession Act, 1925 (hereinafter to be referred to as 'the Act') has been dismissed.2. Both the Courts below have taken the view that the Court in which the application under Section 372 of the Act was presented has no territorial jurisdiction to decide the application. After hearing the learned Counsel for the petitioners this Court is of the opinion that the view taken by the two Courts below is erroneous and contrary to the provision made in Section 371 of the Act. The case of the applicants was that Motilal Tiwari was working as Section Commander in 11th Battalion at Bhilai. He died in a hospital in Jabalpur. It is clearly mentioned in the letter dated 19-5-2000 (Ex. P-2) of the Commandant, 11th Battalion, Bhilai that Motilal Tiwari was permanent resident of Village Marhi, District Satna and h...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP159
ORDERArun Mishra, J.1. The main question has arisen in the instant case is to the entitlement of the 'Laboratory Technician' to run the Pathology Laboratory and also about the 'qualifications' to be possessed by Laboratory Technician, Question is also whether visiting pathologist can be allowed to make the visit occasionally in the pathological laboratory and whether such laboratories can be said to be run by pathologist and can be allowed to be run.2. The question involved in the writ petition is of utmost importance for the health of human being, detection of ailments, curative process including medicinal treatment to be imparted depends on the various investigation reports to be furnished on laboratory tests by the pathological laboratories.3. Finding that the laboratory in question 'Maruti Clinical Pathology' has being run by non-qualified person. Prohibitory order Under Section 133 of the Cr. P.C. was passed by SDM restraining the running of laboratory. The S.D.M. Jabalpur took th...
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