Court : Madhya Pradesh
Reported in : 2007(1)MPLJ429
Arun Mishra, J.1. This appeal has been preferred by the defendant aggrieved by reversal of judgment and decree passed by Trial Court. The Trial Court has dismissed the suit filed by the plaintiff/respondent for bonafide requirement of starting of the business by Manoj Jain based on 12(1)(f) of M.P. Accommodation Control Act (hereinafter referred to as 'Act'). The Appellate Court has found that the plaintiffs required the suit accommodation bonafide for starting of the business by Manoj Kumar Jain. The alternative accommodation pointed out by the defendant cannot be said to be reasonable suitable alternative accommodation for that purpose.2. Plaintiffs Rupa Bai and Manoj Kumar Jain came to the Court averring that house was owned by Rupa Devi situated at Ganj Gate, Sadar Bazar, Murar, District Gwalior having Municipal No. 133/34. The defendant was in occupation of the disputed shop @ of Rs. 300/- per month. Same was required bonafide by the plaintiff for business of electricity goods by ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPLJ352; (2007)6VST412(MP)
ORDERS.K. Seth, J.1. This order shall also govern disposal of W.P. No. 280 of 1998 as a common question of law involves in both cases.2. A short but an interesting point is involved in both these cases. The question is what would be the rate of sales tax payable on the sale of coal ash (cinders). The assessment period is from October 1,1987 to September 30, 1988.3. Petitioner, a registered dealer under the provisions of the M.P. General Sales Tax Act, 1958 (for short, 'the Act'), carries on business of manufacture and sale of textile items. It has a factory located in industrial area now at Dewas. Petitioner purchased coal for use in the factory. That coal is burnt in the boiler and half burnt coal in the form of 'coal ash' is discharged from the boiler. The petitioner sold the coal ash. The controversy is what would be the rate of tax payable on the sale of the coal ash. According to the petitioner the sales tax is payable at the rate of four per cent under entry 1 of Part IV of Sched...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT463; 2008(1)MPLJ401
ORDERAbhay M. Naik, J.1. Facts leading to the petition are that the petitioner joined as 'Kulpati' (Vice Chancellor) of Awadhesh Pratap Singh Vishwavidyalay (hereinafter referred to as 'APS University' for brevity) on 15-9-2003 for a period of four years. Hon'ble Governor of State of Madhya Pradesh in the capacity of 'Kuladhipati' (Chancellor) of the APS University constituted a Committee for making enquiry with respect to various allegations relating to administrative, financial and academic irregularities against the petitioner. It was found prima facie that further enquiry was required against the petitioner within the meaning of Sub-section (3) of Section 14 of M.P. Vishwavidyalay Adhiniyam, 1973 (hereinafter referred to as 'University Act' for short). Accordingly, an order was passed on 23-9-2006 by the 'Kuladhipati' to make an enquiry in public interest vide Annexure A-l. Petitioner was provided with an opportunity to prove his case before the enquiry committee. The Committee lev...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2008)BC546
ORDERRajendra Menon, J.1. M/s. A.S. Motors Pvt. Ltd. a company registered under the Companies Act, 1956, represented by Shri Sanjay Garg Director, has filed this petition under Article 226/227 of the Constitution, challenging communications made vide Annexure P/l dated 25.1.2007 by respondent Nos. 2 to 5 cancelling a contract granted for collection of user fee in National Highway No. 3, imposing of penalty of Rs. 2,41,097/- and forfeiting the performance security to the tune of Rs. 2,20,00,125/-, and letter Annexure P/2 dated 27.1.2005 issued by respondent Nos. 2 to 5 to respondent No. 6. Bank seeking revocation of a Bank guarantee for Rs. 2,20,00,125. Brief facts necessary for disposal of this petition are that National Highways Authority of India is incorporated under the National Highways Authority of India Act, 1988 (hereinabove referred to as 'Act 1988'). It is a Statutory Authority discharging functions as contemplated under the Act, 1988. The Act of 1988 and the National Highway...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT228
ORDER1. Heard.2. Office has raised an objection that the appellant is required to make payment of Court fee ad valorem, while the appellant has paid fixed Court fee Rs. 1,50,000/- claiming benefit of the Court Fees (Madhya Pradesh Amendment) Act No. 6/2008 (hereinafter referred to as 'Amendment Act' for short).3. Learned Counsel for appellant submitted that by the Amendment Act a maximum Court fee on appeal has been fixed at Rs. 1,50,000/-, as per Section 3 amending Schedule I Clause 1-A providing maximum Court fees and the office objection that the appellant should make payment of ad valorem Court fee is not correct. He has placed reliance to the Apex Court judgment in Lakshmi Ammal v. K.M. Madhavakrishnan and Ors. : [1979]1SCR68 , and submitted that where there is doubt in respect of payment of Court fee benefit must go to the subject. In the present case, when there is a doubt in respect of payment of Court fees, the appellant is entitled for benefit of the Amendment Act. It is subm...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP222
Dipak Misra, J.1. The petitioner, a student of M.S. (General Surgery) of Netaji Subhash Chandra Bose Medical College which is an autonomous educational institution, had taken admission on 12-6-2006 by depositing the fee to the tune of Rs. 35.000/-. It is contended, that the State Government had framed a policy on 13-11-1989 laying a postulate that the children of the green card holders would be extended the benefit of exemption from fee in medical/engineering courses. The petitioner, as set forth, had applied for the benefit of exemption while prosecuting his study in the course of medical graduation. A circular, Ahnexure-P/5, dated 30-5-2003 was issued laying down the stipulation that the children of green card holders, who fall below the poverty line, prosecuting their studies in medical/engineering colleges, both Government and autonomous would be exempted from the tuition fee., The said circular was modified by the circular dated 28-10-2005 which deleted the prescription pertaining...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1950MP60; 1950CriLJ1352
ORDERKaul, C.J.1. Anant Bhaskar Lagu (who is-said to be a resident of Indore and Ujjain as he divides his time between the two please made the present application Under Section 491, Criminal P. 0, By a subsequent application it was prayed on his behalf that it might be treated as an application under Article 226 of the Constitution.2. The material facts are as follows: On lab April 1949, the District Magistrate, Indore, passed an order under Madhya Bharat Maintenance of Public Order Act, samvat 2005, 3.3 (1) that Lagu be detained for a period of three months. It is-alleged that in enforcement of this order the petitioner waa arrested but he escaped from police custody. On 3rd December 1949, a constable saw him in Indore distributing some leaflets as part of propaganda for the communist party an association which was- declared unlawful in Indore. He was ultimately arrested in Indore on the night between 14th and 15th December 1949. On 15th December 1949, the District Magistrate Indore p...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP133; 2008(1)MPHT534
ORDERK.K. Lahoti, J.1. The State has challenged order dated 14-2-2003 (Annexure P-1) passed by the Board of Revenue, M.P. Gwalior in Revision Case No. 1338/five/2000 by which the Board of Revenue set side the order passed by the Collector of Stamps, Jabalpur, in Case No. 196/B-105/95-06, dated 29-4-2000.2. The facts of the case are that:(a) A sale-deed dated 25-3-1996 was presented to the Sub-Registrar (Registration), Jabalpur by which a piece of land admeasuring 16650 square feet alongwith a house standing on it was transferred by Narendra Agrawal in favour of Smt. Dayalaxmi Sangni for a consideration of Rs. 8000/-. Aforesaid, valuation was put on the basis of judgment and decree passed by the Civil Court in Case No. 19-A/1993, dated 10-12-1993. The suit was decided between the parties by a compromise.(b) The Registering Authority, Sub-Registrar, Jabalpur was not satisfied with the market value put in the sale-deed for the purpose of payment of stamp duty and sent a proposal to the Co...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008CriLJ1559
S.L. Kochar, J.1. Appellants Nos. 1 and 2 in Cr. Appeal No. 1016/2006 and appellant Ramesh s/o Bapulal in Cr. Appeal No. 1284/2006 have challenged their conviction under Section 302 read with Section 34 and Section 201 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 5,000/- each and R.I. for seven years and fine of Rs. 1,000/- each respectively, in default of payment of fine on both counts to suffer additional R.I. for one year passed by the learned Sessions Judge, Shajapur in ST No. 189/2005 vide judgment dated 8-9-2006.2. It would be appropriate here to mention that the learned trial Court has also passed some strictures against the applicant Kiran Lashkarkar, Town Inspector, Investigating Officer in the aforementioned Sessions Trial and also directed holding of Departmental Enquiry against him. He, therefore, filed the aforesaid Criminal Revision for quashment of the aforesaid order. Thus, both the appeals and the criminal revision arising out of one a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ122; AIR2007MP232
Dipak Misra, J.1. This is an application for review/modification of the order dated 8-8-2005 passed in MA No. 226/1995. Suffice it to say, the said appeal was preferred under Section 23 of the Railway Claims Tribunal Act, 1987 (for brevity 'the Act') whereby the Union of India had called in question the pregnability of the judgment dated 30-10-1998 passed by the Railway Claims Tribunal, Bhopal Bench, Bhopal (in short 'the tribunal') in OA No. 5/98-A.2. This Court after referring to the definition contained under Section 123 (c) 'untoward incident' and the decision rendered in the case of P.A. Narayanan v. Union of India : [1998]1SCR899 expressed the opinion as under:10. In this context, we may fruitfully refer to the observations of the Apex Court made in the case of P. A. Narayanan v. Union of India : [1998]1SCR899 :There is common law duty of taking reasonable care which must be attached to all carriers including railways....Though the said observation was made on a different context...
Tag this Judgment!