Court : Madhya Pradesh
Decided on : Dec-20-2014
1. This writ petition take exception to the order dated 09.09.2014 passed by the respondent No.2 as also the final order dated 25.09.2014 passed by the respondent No.1 accepting the proposal made for recall of the petitioner as President of the Municipal Council, Harda. Undisputedly the petitioner was elected as President of the said Municipal Council and such election was notified in the year 2011. The Municipal Council, Harda consists of 30 wards and 30 members have been elected as Councillors. Such notification of election was issued on 9 th November, 2011 in the M.P. Gazette (Extraordinary). 2. It is the contention of the petitioner that in terms of Section 47 of the Madhya Pradesh Municipalities Act, 1961 (herein after referred to as 'Act'), a proposal was made by 23 Councillors before the Collector for recall of the petitioner. The fact stated in the said application/proposal was that the manner of working of the petitioner was not in the interest of the Municipal Council and, th...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-19-2014
1. This petition filed under Article 226 of the Constitution is directed against the order dated 19.8.2014, whereby the petitioners were held to be disqualified for membership of the committee. The consequential order of the same date, Annexure P-1, is also called in question, whereby it was held that the elected Board of Directors has ceased to function for want of quorum. Accordingly, in place of Board of Directors, an Administrator is appointed. 2. The case of the petitioners is that the petitioner-Board was constituted for five years pursuant to an election held on 4.4.2008. The term of the Board was five years, i.e., up to 3.4.2013. Before the Board could complete its tenure, it was suspended on 9.12.2009. This suspension order was challenged before this Court in WP No. 4536/2011. The Division Bench by order dated 30.1.2014 (Annexure P/4) set aside the said suspension order. The said order of this Court was unsuccessfully put to test before the Apex Court in SLP No.10826/2014. The...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-25-2014
1. Rejection of application seeking amendment in the application for setting aside Arbitration Award under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'AC Act') by order dated 14.2.2014 by the Seventh Additional District Judge, Bhopal has led the objector to an Award file this writ petition under Article 227 of the Constitution of India. 2. Undisputed facts borne from the record are that a contract for consultancy and its implementation services for third party evaluation and quality control/assurance for construction of building costing about Rs.75,372.31 lakh in accordance with specifications and relevant I.S. Codes using funds provided by Rajya Shiksha Kendra Bhopal was entered into between the petitioner and respondent on 29.1.2007. 3. That, on there being certain allegations of contractor entering into certain unlawful activities in respect of payment of first and second bills, an enquiry was caused. Pending the outcome of said enquiry, respondent-contra...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-25-2014
Sanjay Yadav, J. 1. Difference of opinion as to whether an order dated 18.11.2011 passed in W.P. No.14740/2008 : Ashok Kumar vs State of M.P. and others and the batch of writ petitions, viz. W.P. No.1796/2007, 3437/2007, 3804/2007, 3822/2007, 8611/2008 and 14738/2008 could be reviewed for the reasons mentioned in Review Petitions : R.P. No. 124/2012 and R.P. 306/2012, has paved the path for laying the matter before this Court for an opinion as to "whether in the facts and circumstances of the case, the review petitions are to be allowed or dismissed". 2. The writ petition called in question the validity of provisions of the Court Fee (M.P. Amendment) Act, 2008 in so far as it substitutes Article 11 a(i) in the second schedule appended to the Court Fee Act, 1870, stipulating "(ii) In article 11, for clause (a) and entry relating thereto, the following clause and entries relating thereto shall be substituted, namely : (a) when presented to the High Court (i) by the claimant for enhance...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-07-2014
1. Shri Sanjay K. Agrawal, learned counsel for petitioner. Shri Pushpendra Yadav, learned counsel for respondent No. 2 on caveat. 2. Since the affected party is already represented, the matter is finally heard with the consent of learned counsel for the parties. 3. Order dated 27-9-2014 passed by M.P. State Co-operative Tribunal, Bhopal is being assailed vide this petition under Article 227 of the Constitution of India. 4. Vide impugned order, a Revision preferred under section 77(14) of the M. P. Co-operative Societies Act, 1960 (hereinafter referred to as 1960 Act) filed by respondent No. 2-Bhopal Co-operative Central Bank Ltd. against the order dated 15-9-2014 passed by Additional Registrar (Judicial), Co-operative Societies, Bhopal has been allowed by setting aside the impugned order. 5. That, before Additional Registrar (Judicial), petitioner while invoking powers under 80-A of the 1960 Act sought quashment of order dated 23-8-2014 passed by Registering Officer appointed by the Ma...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-04-2014
Sujoy Paul, J: 1. Parties were heard on IA No. 2952/2014, an application filed by respondent No. 5 under Section 81 (3) read with Section 86 of Representation of The People Act, 1951 (for brevity, the 'RP Act') for dismissing the petition, IA No. 2953/2014, an application filed under Order 7 Rule 11 (a) of CPC read with Order 6 Rule 16 CPC for dismissing the election petition and IA No. 3224/2014, another application filed under Section 81(3) read with Section 86 of the RP Act. 2. The petitioner, a member of Bhartiya Janta Party (BJP), submitted his nomination to contest the State Legislative Assembly Election of 2013. The nomination form was submitted for Constituency No. 11, Lahar district Bhind. The respondent No. 5 also submitted his nomination form with requisite affidavit for contesting the election. The nomination form and affidavit of respondent No. 5 was scrutinized by the officers of the Election Commission. The petitioner submitted his objection against the nomination form a...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-2014
1. This petition filed under Article 227 of the Constitution challenges the order dated 31.5.2012 whereby application for amendment preferred by the petitioner/employer is rejected by the Labour Court. 2. The services of the respondent were terminated by the petitioner Army Public School. The respondent raised an industrial dispute which, in turn, was referred to the Labour Court by the State Government. The respondent filed its statement of claim before the Labour Court. In turn, the employer filed his written statement. Thereafter, when matter was at the stage of evidence, the employer filed an application under Order 6 Rule 17 CPC (Annexure P-8) on 25.12.2011. It was opposed by workman by filing reply. By impugned order, the said application is rejected. 3. The Labour Court rejected the application by holding that the amendment is filed after commencement of trial and, therefore, it cannot be allowed. It is further held that if averments of amendment application are accepted, it wil...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-10-2014
S.K. Gangele, J. 1. The petitioners have filed this petition against the notice dt.5.1.2009 (Annexure P/1) issued by the Building Officer of the Municipal Corporation, Gwalior. The Officer directed the petitioner to remove illegal construction within a period of seven days, failing which appropriate action shall be taken for removal of the construction. 2. The petitioner No.1 is a Society registered under the Society Registration Act, 1950. A new Act was introduced in the year 1973 subsequently. The petitioner No.1 society has been running a school, which is 100 years old. On 30.10.1956, the State of Madhya Bharat, by way of Memorandum of Understanding granted perpetual lease of area on which the petitioner No.2 had possession on a rent of Rs.100/- per year. The school of the petitioner society is at Gwalior Fort and it is a boarding school for boys. 3. The School proposed for construction of a hostel building at Gwalior Fort within the location. It submitted an application to the Arch...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-07-2014
N.K. Gupta, J. 1. The applicant was convicted for commission of offence under Section 7(i) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954") vide judgment dated 8.2.2000 passed by the Chief Judicial Magistrate, Khandwa in Criminal Case No. 127/1991 and sentenced with six months' RI with fine of Rs.1000/-. In Criminal Appeal No. 32/2000, the learned First Additional Sessions Judge, Khandwa vide judgment dated 8.6.2000 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, this criminal revision is preferred by the applicant. 2. The prosecution case, in short, is that on 12.10.1990 the Food Inspector Ramsevak Mishra (PW-1) along with the flying squad went to the Tail Ghani (small scale oil mill) of the applicant, situated at Shivpuri Mohalla Mundi Tahsil Khandwa. At about 10:15 AM he found that in two drums the applicant had collected 200 kg groundnut oil. The Food Inspector proposed to take the sa...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-2014
S.C. Sharma, J: 1. The petitioners before this Court have filed this present writ petition being aggrieved by the alleged action of the Indian Army in closing / obstructing the alleged road which is adjoining to the defence land and the land belonging to the petitioners. 2. Contention of the petitioners is that they have purchased land vide registered sale deeds dt. 8/5/07 and 14/2/08 bearing Survey No. 864 admeasuring 0.715 hectares and 0.143 hectares respectively in village Telikhedi, Mhow, Distt. Indore. The adjoining land belongs to the Indian Army (Army Golf Club) situated in GLR Survey No. 168. It has been further stated that the Army Authorities in the year 1983 in order to utilise the land in question have entered into a lease agreement with the predecessor in title and a small culvert was also constructed to provide free access for the golfers on the land in question across river Gambhir. The lease deed was later on extended in the year 1998. In the month of April, 2008 the pe...
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