Court : Madhya Pradesh
Reported in : 2002(2)MPHT117
ORDERS.P. Srivastava, J. 1. The petitioner who was posted as an Assistant Teacher in Primary School, Prathmik Vidyalaya (Balak), Joura Khurd, District Morena, was transferred vide the order dated 30-6-2000 passed by the Zila Shiksha Adhikari, District Morena and posted in the same capacity in Prathmik Vidyalaya, Palpura, District Morena, challenged the said order before the Madhya Pradesh State Administrative Tribunal, Gwalior, without any success as the Tribunal vide its order dated 7-7-2000 relying upon the directions issued by the State Government vide the circular dated 7-6-2000 and observing that there was nothing to show that the order stood vitiated on account of arbitrariness, malafides or was against any statutory rules dismissed the application of the petitioner filed under Section 19 of the Administrative Tribunals Act. 2. Feeling aggrieved the petitioner has now approached this Court seeking redress, praying for the quashing of the impugned orders or in the alternative to r...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1992)ILLJ362MP; 1992(0)MPLJ214
ORDERT.N. Singh, J.1. Persistant denial for long seven years of her claim for family pension made the desparate widow letter- petition this Court a year ago. Gopal, her husband, died on April 21, 1979. Then began her struggle for survival to feed and rear five minor children, besides nursing one in the womb and keeping her own body and soul together.2. Glimpses of her agonising travail came to be noticed by this Court when her petition dated October 4, 1989 was listed on November 11, 1989. Office was directed to issue notices to respondents 1 and 2 (Secretary, M.P. Electricity Board (hereinafter, MPEB or Board), Jabalpur and Divisional Engineer, MPEB, Gwalior respectively) and respondent No. 3, Regional Provident Fund Commissioner, Indore. To expedite disposal, the notices were made returnable in four weeks and were directed to be served on Standing Counsel for the respondents - Shri K.N. Gupta and Shri N.P. Mittal, respectively. On January 16, 1990, Shri Gupta filed a joint return of ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Being aggrieved by the Judgment and decree dated 31.7.1995 in Civil Suit No. 85-A of 1995 passed by 9th Additional District Judge, Jabalpur by which the plaintiffs have been declared to be the owners of the house in dispute and defendants have been directed to pay mesne profits of Rs. 2,200/- per month to plaintiffs, defendants No. 1 and 3 to 13 have preferred this appeal under Section 96 of the Code of Civil Procedure.2. It is not in dispute that Dwarkadas Bhatia was the owner of House situated at Lordganj, Jabalpur. The plaintiffs are his heirs. It was a big house. It is not disputed that house of Dwarkadas Bhatia was auctioned in two parts; one part in Civil Suit No. 39-B/48, which was purchased by Gyanchand on 27.6.1951, sale was confirmed on 18.10.1951 and thereafter, sale certificate was issued on 16.1.1952 by First Civil Judge Class II, Jabalpur. Second part of the house was auctioned on 16.11.1953, sale was confirmed on 24.3.1954 and thereafter sale certificate was issued in...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990LC120(MP); 1989(40)ELT42(MP)
ORDER1. The petitioner No. 1 in this petition carries on business of stitching HDPE Woven sacks and petitioner No. 2 carries on the business of printing HDPE woven sacks. According to the petitioners, they received from their customers HDPE fabrics for stitching HDPE woven sacks and then do the job of printing on the stitched sacks. The petitioners are paid only for the job work of stitching and printing done by them. The Central Government in exercise of the powers conferred by Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944, by Notification No. 223/86-C.E., dated 3.4.1986, exempted woven sacks of Polymers of ethylene or propylene or its combination thereof, falling under the heading No. 46.01 or 63.01 of the Schedule from the whole of the duty of Excise specified in the said Schedule. The aforesaid notification was amended by Notification No. 453/86-C.E., dated 20-11-1986 by which a provision was added to the aforesaid notification, whereby the exemption contained in the not...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT418; 2001(2)MPLJ361
ORDERFakhruddin, J. 1. This revision petition is directed against the order passed by the Rent Controlling Authority, Gwalior dated 21-6-1999, in Case No. 37/86-87/907, whereby the Authority directed that the tenant (non-applicant before the Authority) shall handover the vacant possession of the suit-property to the landlady/applicant, within a period of two months, failing which, it is open for the landlady/applicant to get the recovery of the possession, in accordance with law. It was further directed that the tenant/non- applicant shall pay the rent atthe rate of Rs. 400/- per month to the landlady/applicant till the date of handing over the possession. By the aforesaid impugned order, the Authority also directed the payment of Rs. 9,600/- to be made to the tenant/non-applicant, as compensation, by the landlady/applicant, at the time of taking over the possession from the tenant.2. The brief facts giving rise to the case arc that the landlady/applicant has a non-residential accommod...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP238; 1968CriLJ1561; 1968MPLJ489
Pandey, J.1. This case comes before us on a reference made by Newaskar and Sen JJ. who found themselves unable to concur in the view expressed in the following observations made by another Division Bench of this court in State v. Daulatsingh, AIR 1957 Madh Pra 72.'There are two answers to this contention. The present application for leave to appeal and the proposed appeal are by the State and not by the Forest Ranger, the complainant, Secondly, Sub-section (3) of Section 417, Criminal Procedure Code, confers the right of appeal to the complainant in a case instituted upon the complaint of a private person and not upon the complaint of a public servant or of a court. The prosecution on the complaint of a Court or of a public servant acting in the discharge of his official duties being one by the State, and the State having the right of appeal in any case under Section 417 (1), Criminal Procedure Code, the words 'complaint' and 'complainant' in Sub-section (3) can refer only to a private...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT527
ORDERA.K. Patnaik, C.J.1. The petitioners are residents of Revenue District Anuppur, which was carved out from Revenue District Shahdol with effect from 15th August, 2003 by notification dated 11th August, 2003 of the State Govt, issued under Sub-section (2) of Section 13 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the Code'). They have filed this petition under Article 226 of the Constitution of India challenging the elections of office bearers of Adim Jati Seva Sahkari Samiti Maryadit Lampus Kotma, Adim Jati Sewa Sahkari Samiti Maryadit, Devgawa & Adim Jati Sewa Sahkari Maryadit Bhalmudi.2. Several grounds have been taken in the writ petition challenging the election of the office bearers of the three Co-operative Societies, but we cannot consider all such grounds in view of the law laid down by Division Bench of this Court in Radhey Shyam Sharma v. Chairman Sewa/Vriha Sahakari Samiti Lashkar, Gwalior and Ors. 1989 MPLJ 208, that normally the High Court...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1963]47ITR895(MP)
PANDEY J. - This petition under articles 226 and 227 of the Constitutions is directed against an order dated May 27, 1961, by which the Appellate Assistant Commissioner, Indore, rectified under section 35 of the Indian Income-tax Act, 1922 (hereinafter called the Act), an order of his predecessor-in-office dated May 29, 1957. By the impugned order, the losses allowed to be carried forward and set off were restricted to those incurred in the taxable territories. In this manner, the losses for the assessments year 1948-49 carried forward and set off were reduced from Rs. 78,123 to Rs. 1,075 and those for the assessment year 1949-50 were similarly reduced from Rs. 3,762 to Rs. 123.In the assessment years 1948-49 and 1949-50, the petitioner, who was assessed as a non-resident, incurred losses for the most part in the respectively in the life insurance business carried on by it. From December 1, 1949, the petitioner started the business of insurance against fire also. In the proceedings for...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1975]35STC298(MP)
P.K. Tare, C.J.1. In this reference under Section 44(2) of the Madhya Pradesh General Sales Tax Act, 1958, the Board of Revenue, on a direction given by this court dated 15th January, 1969, in Miscellaneous Civil Case No. 233 of 1967, has referred the following two questions for our opinion :(1) Whether, on the facts and circumstances of the case, there was any material to enhance the gross turnover from Rs. 5,02,456 to Rs. 5,18,755 and whether the enhancement was legal and(2) Whether the sales of batasa, sugar-candy and chironjidana can be regarded as sales of sugar within the meaning of entry No. 41 of Schedule I to the Madhya Pradesh General Sales Tax Act, 1958 ?2. This reference had come up before a Division Bench of this Court, presided over by B. Dayal, C. J., and S.P. Bhargava, J., which by order dated 16th July, 1971, directed that the entire reference be placed before a Full Bench to consider whether the question decided by a Division Bench of this Court in Channulal Motilal v...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT92
Arun Mishra, J.1. The appeal had been preferred by the original plaintiff; Madhya Pradesh Electricity Board (MPEB), that has been succeeded by M.P. Power Generating Co. Ltd., Jabalpur during the pendency of the appeal. The Judgment and decree dated 9-10-2001 passed by the 12th Addl. District Judge, Jabalpur of dismissal of the suit filed for recovery of Rs. 19,35,410/- has been assailed in the appeal.2. The original plaintiff; MPEB filed suit for recovery of aforesaid amount for which it floated tender notice PRG/SGTPS/T-19 for complete Design, Manufacture, Assembly, Testing at Manufacturer's works, Delivery etc. of equipments and accessories given therein and as indicated in respective tender specification contained therein. The tender specification contained in Section-I; General Conditions of Contract, Tendering conditions, Soil and climatic conditions at site and site facilities available. Section-II contained General specification etc. Technical specification for Vertical Wet pit ...
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