Court : Madhya Pradesh
Reported in : AIR1993MP214
S.K. Jha, C.J. 1. We have assembled today for the purpose of deciding only one incidental matter on which learned counsel for the parties insist. We give our ruling at the outset before we proceed further to hear the counsel for the parties on merits of the writ petition. That limited question as to the legality or propriety of the Governor either in his official capacity or by name described as the Governor, respondent No. 6 in the writ petition was warranted in law or was. precluded by virtue of the legal immunity attached to the Governor on account of his acts done or purported to be done in his official capacity under the provisions of Article 361 of the Constitution of India. While on the one hand, Shri N. C. Jain, learned counsel for the petitioner insists that Shri Kunwar Mehmood Ali, Governor of the State of Madhya Pradesh was a necessary party and no immunity could be enjoyed by him qua a Governor under Article 361 of the Constitution, It was not only proper but legal for him ...
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...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP116; 1977MPLJ227
Raina, J. 1. The petitioners, who are advocates practising in the High Court of Madhya Pradesh at Jabalpur, have filed this petition under Articles 226 and 227 of the Constitution challenging, inter alia the orders of Hon'ble the Chief Justice of the High Court of Madhya Pradesh (hereinafter referred to as 'the Chief Justice'), dated 5-2-1976.2. This petition raises an important question of jurisdiction of the High Court at its principal seat vis-a-vis the jurisdiction of the Benches at Indore and Gwalior. The present State of Madhya Pradesh was constituted under Section 9 of the States Reorganization Act, 195,6 (hereinafter referred to as 'the Act') with effect from the appointed day, that is, 1-11-1956, comprising of-(a) The territories of the former State of Madhya Pradesh, except the districts of Nagpur, Chanda, Bhandara, Akola Amravati, Yeotmal, Wardha and Buldana; (b) the territories of the former State of Madhya Bharat, except Sunel tappa of Bhanpura tahsil of Mandsaur district;...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP125; 2005(2)MPHT233
Dipak Misra, J. 1. In this appeal preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (for brevity 'the Act'), the appellant (hereinafter referred to as 'the claimant') has called in question the sustainability of the judgment passed on 25-6-2001 by the learned IXth Additional District Judge, Jabalpur in Arbitration Case No. 36/2000 whereby the Court allowed the application preferred under Section 34 of the Act filed by the respondents and set aside the award of the learned arbitrator.2. The facts which are discernible from the order of the learned Trial Judge, the memorandum of appeal and other documents brought on record and are necessitous to be stated are that the respondent No. 1 is a Company registered under the Indian Companies Act, 1956 and the respondent No. 2 is a subsidiary concern of respondent No. 1. The respondent No. 2 is engaged in manufacture of cement and as widespread business throughout the country. It carries on business through its agents and ...
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 : AIR1960MP86
Pandey, J. 1. I have had the advantage of reading the opinions of my Lord the Chief Justice and my learned brother, Naik J. I fully agree with the conclusions of my Lord the Chief Justice. I had not at first intended to record a separate opinion, but since the main question involved is important, I feel, upon reflection, that I ought to express my opinion.2. The question is whether the lands covered by Clauses (i) to (iv) as enumerated in paragraph 7 of the opinion of my Lord the Chief Justice were Khudkasht lands within the meaning of the Central Provinces Land Revenue Act, 1917 (II of 1917).3. Clause (5) of Section 2 of the Central Provinces Land Revenue Act, 1917, which defines khudkasht, is as under:''Khudkasht' means that part of the home-farm of a mahal which is cultivated by the proprietor as such and which is not sir-land: Explanation (1) -- Land allowed to lie fallow according to agricultural practice shall be deemed to be cultivated. Explanation (2) -- In this definition 'pro...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP129; 1981MPLJ244
G.P. Singh, C.J.1. By order dated 2nd April, 1980 the State Government made Rules for admission to 1st year M, B. B. S. course of medical colleges of Madhya Pradesh. These rules are not statutory. They were made in the exercise of the executive power of the State. The rules provide for holding of a Pre-Medical Examination for selection at candidates for admission to the Medical Colleges. The Pre-Medical Examination is held by a Board which is constituted by Rule 2. The selection for admission is made as provided in Rule 3 'from the merit-list prepared on the basis of the result of this examination.' No candidate can be admitted unless he has passed B. Sc. Part I or any equivalent examination. This is the minimum educational qualification prescribed by Rule 5 (1). Reservation of seats is provided for by Rule 7. There are 720 seats in all. Out of these, 15% seat19As are reserved for each of the categories of Scheduled Castes and Scheduled Tribes candidates, which means that 108 seats are...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP146
Naik, J. 1. My opinion in this case shall also govern the disposal of Miscellaneous Petitions Nos. 144, 145 and 154 of 1960.2. All these petitions raise a common question of law, were heard together and can be disposed of by a common order. They are all directed against the orders of the Collector, Damoh, requisitioning the godowns of the petitioners for what he alleged was 'a public Purpose', viz., for storage of Government foodgrains. The orders have been passed in exercise of the powers conferred on all the Collectors under Section 3 of the Madhya Pradesh Accommodation (Requisition) Act (No. LXIII of 1948) (hereinafter called the Act), read with Section 14 thereof by the State Government vide Home (General) Department Notification No. 2866/II-A (3), dated the 3rd July, 1959. The petitions seek to get the said orders quashed by a writ of certiorari or by any other appropriate writ, order or direction, inter alia, on the following grounds, which are being considered first as they are ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP245
Pandey, J. 1. This petition under Articles 226 and 227 of the Constitution is directed against two notices dated 5th December 1958, one for the period 7th November 1953 to 26th October 1954 (Annexure III) and another for the period 27th October 1954 to 5th September 1955 (Annexure IV), by which the Deputy Commissioner of Sales Tax, Jabalpur (respondent 3), who had entertained the petitioner's appeals against the assessment of sales tax on their turnover for the two periods proposed to tax the turnover of certain transactions made during those periods, which were said to be liable to tax under Section 4(6) of the Central Provinces and Berar Sales Tax Act, 1947 (hereinafter, called the Act) but were not taxed by the assessing authority.2. The facts giving rise to this petition may be briefly stated. The petitioners carry on the business of manufacturing and selling bidis on a large scale. They have their head office at Jabalpur where they are registered as a dealer for purposes of the Ac...
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