Court : Madhya Pradesh
Reported in : AIR2004MP182
Dipak Mishra, J.1. Expressing the view that the issues involved are of immense significance and placing reliance on the decisions rendered in the cases of Abdul Taiyab Abbasbhai Mall, v. The Union of India, AIR 1977 Madh Pra 116 (FB) and Balkrishan Das v. Harnarayan. 1979 MPLJ 644 : (AIR 1980 Madh Pra 43) (FB), wherein it has been held that the existence of two earlier conflicting decisions on the same point is not condition precedent to make a reference for a decision of a question by a larger Bench, the Division Bench referred the matter in entirety to be adjudicated by a larger Bench and that is how the batch of cases has been placed before us.2. The bunch of matters can be categorised into two compartments, one batch assail is to certain provisions and rules of the M.P. Municipal Corporation Act. 1956 (for brevity 'the Act') as ultra vires and in the other challenge is to the certain provisions of M.P. Municipalities Act, 1961 (in short the Municipalities Act) and the rules framed ...
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 : AIR2003MP233; 2004(3)MPLJ216
Dipak Misra, J.1. In the days of yore it was vocally pronounced with immense emphasis that a drum beat may travel to a maximum limit of four miles but the utterances made by one man, through men, is capable of reaching people who are thousand miles away. The medium of man's expression has no limitation. In the modern world the media has irrefragably earned the status of inevitable and indispensable fourth pillar. Freedom of speech and expression has gained immense significance and its utility, by no stretch of imagination, can ever be marginalised and its importance be reduced but, an unavoidable and significant one, there are certain limitations which are imposed by law within the permissible, reasonable or rational, acceptable and non-arbitrary limits. Cinema as a medium of expression and as a mode of entertainment has reached an enviable status in the scientific world. The Indian cinema has a different conception from its inception inasmuch as myths, historical events, poignant nove...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
ORDERDipak Misra, J. 1. In course of adjudication of proceedings in a Court of Law sometimes vexed questions and complex situations do emerge which demand imperative penetration and intensive discernment to clear the maze and pave a luminous path through the labyrinthine so that the litigants precisely know their exact podium and become able to ventilate their grievances as permissible in law before the right forum without remaining in a state of uncertainty and in-definiteness. Certitude ushers in the quintessential virtues of law in an organized society and the absence of the same creates a shambolic situation which is not only unwarrantable but also law is at loath and averse to countenance the same. The cases at hand fresco a picture which not only creates a stir and an unusual ado to judicial discipline but also provokes and in a way accelerates the institutional syllogistic rethinking to have a deeper and greater probe into the arena of controversy. The spinal issue spiralled to ...
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
Reported in : AIR2003MP117; 2003(2)MPLJ86
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment and decree dated 28-9-1995 passed by learned XIth, Additional Judge to the Court of District Judge, Indore in civil suit No. 78-A/90 decreeing the suit of plaintiff for specific performance of contract, the defendants/appellants have preferred this appeal.2. The facts shorn on unnecessary details lie in a narrow compass. In brief the case of plaintiff is that, he is the tenant in the house bearing municipal No. 268 (New No. 381), situated at M.G. Road, Indore, the owner of which is appellant Vijay Bahadur (hereinafter referred to as the appellant No. 1).3. The appellant No. 1 agreed to sell his house to the plaintiff for a consideration of Rs. 40,000/- (Rupees forty thousand only) and executed a document of agreement of Sale (Ex. P/1) on 6-12-1988 and received Rs. 15,000/- (Rupees Fifteen Thousand only) as an advance money from the plaintiff/respondent. It was agreed between the parties in the said agreement that appellant No. 1 ...
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...
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 : 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 : 2002(4)MPHT360; 2002(3)MPLJ504
S.S. Jha, J.1. This Letters Patent Appeal is filed against the judgment and decree passed in First Appeal No. 10 of 1982 arising out of the judgment and decree dated 19-6-82 passed by Third Additional Judge to the Court of District Judge, Gwalior.2. Objection is raised by the respondents as to maintainability. The appeal was finally heard and decided on 4-9-96 [1997(1) Vidhi Bhasvar 255]. After its decision an application for restoration was filed as some of the respondents were not served and appeal came up for hearing. After restoration of appeal the case was listed again and objection is raised that in view of amendment in Section 100A of Code of Civil Procedure this appeal is not maintainable. This appeal is filed against that order.3. It is to be examined whether the appeal is now maintainable in view of amended Section 100A of Code of Civil Procedure came into force w.e.f. 1st July, 2002. Section 100A is reproduced below:--'100A. No further appeal in certain cases.-- Notwithstand...
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