Court : Madhya Pradesh
Reported in : 2002(3)MPHT1
ORDERS.S. Saraf, J. 1. The factual matrix and the question of law involved being similar, this petition and the following petitions were heard analogously and are being disposed of by this common order. (i) W.P. No. 3525/2001 (Sanjay Kumar Mishra and Ors. v. State of M.P. and Ors.) (ii) W.P. No. 3531/2001 (M.P. High Court Bar Association, Jabalpur and Anr. v. Union of India and Ors.) (iii) W.P. No. 3551/2001 (Kamal Joshi and Ors. v. State of M.P. and Ors.) (iv) W.P. No. 3554/2001 (Nemi Chand Nema and Ors. v. State of M.P. and Ors.) (v) W.P. No. 3597/2001 (Madhya Pradesh Class-III Government Association v. Union of India and Ors.) (vi) W.P. No. 4129/2001 (Madhya Pradesh Class-III Government Employees Association and Ors. v. State of Madhya Pradesh and Ors.). 2. These petitions under Articles 226 and 227 of the Constitution of India have been filed to quash the following:-- (i) The Notification No. F-A-4-2-2001-I(1)-2171, dated 25-7-2001 issued by the respondent/State of M.P. whereb...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
Dipak Misra, J. 1. In this writ petition it is imperative to bestow our anxious consideration on the long debate and deliberation that took place consuming quite a speck of time relating to contentious issues which took us in the time machine as the subject related to the past, creating defiant walls and artificial palisade and some times brought us to the present in capitivative fascination having an ineffaceable sense and purpose of modernity and progressiveness which, at times generated a feeling of puzzlement but definitely the incrassation and intenseness of proponements cannot be surveyed with disposition of a disregardant. We are deliberating and articulating about the 'vedas' the 'Apaurusheya'. The Vedas, as has been said, are the means for attaining knowledge, happiness through wisdom and self realisation which are beyond the sphere of perception or inference. So it is said :'PRATYAKSHYEANNU MANENA YASTU POYO NA ENAM BIDANTI VEDANA TASHMAD VEDASYA VEDATA'Possibly, for this rea...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT229
ORDERA.K. Gohil, J.1. The applicant has filed this repeat application under Section 439, Cr.PC for grant of bail, as his earlier application (M.Cr.C. No. 2377/01) was dismissed on 18-6-01, as not pressed.2. The submission of the learned Counsel for the applicant is that the applicant is in custody in connection with Criminal Complain Case No. 366/01, which has been registered by the A.C.J.M., Mhow, on a complaint made by the J.M.F.C., Mhow, under Sections 107, 109, 119, 120B, 177, 192, 193, 195, 196, 197, 198, 200, 201, 205, 215, 220, 221, 416, 419, 467, 468 and 471 of the IPC.3. In nutshell, the allegation against the accused in the aforesaid complaint was that a crime, bearing No. 304/2000 was registered at Police Station, Manpur and on the basis of which a Criminal Case No. 309/2000, under Section 34 read with Section 49B of the Excise Act read with Sections 420 and 484, IPC was pending before the J.M.F.C., Mhow, in which one Kailash s/o Meghraj Wadhwani was declared absconder and a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP98; 2002(2)MPHT10
ORDERDipak Misra, J. 1. The pivotal issue that arises for consideration in this writ petition preferred by a learned member of the Bar whether the members of the State Bar Council of Madhya Pradesh are entitled to continue even after expiry of their term, as envisaged under the Advocates Act, 1961 (hereinafter referred to as 'the Act'). The said issue being cardinal and dominant, I shall only confine to the aforesaid issue as the learned counsel appearing for the petitioner as well as the learned counsel for the respondents confined to the said facet, the singular and significant case.2. The facts which have been brought on record need not be dilated upon in detail, as the facts which are essential and necessitous for disposal of this writ petition have been conceded to by Mr. N.C. Jain, learned senior counsel appearing for the petitioner and Mr. Rajendra Tiwari, learned senior counsel for the State Bar Council of Madhya Pradesh as well as for the Bar Council of India. None of the othe...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
ORDERDipak Misra, J. 1. The centrum, issue that we are obligated to advert to in this batch of writ petitions, which are inseggregable and inseverable, is 'education' that makes a man a complete human being in its conceptual essence and connotativecontinuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'Vidya' in the following terms:--'VIDYA NAAM NARASYA ROOPAMADHIKAMPRACHHANNA GUPTAM DHANAMVIDYA BHOGAKARI YAASHAH SUKHAKARIYIVIDYA GURUNAM GURUHVIDYA BANDHUJANO VIDESHGAMANEVIDYAPARAM DAIVATAMVIDYA RAJASUPUJYATE NAHI DHANAMVIDYA BIHINAH PASHUH.'A free translation of the aforesaid verse would mean that education is the most resplendent exposition of a man and in it inheres the concept of quintessential treasure. It is the bedrock of all happiness, fame and pleasure. Education is the preceptor of the teacher and acts as a dear friend in travel and is the supreme God, the creative intelligence. It is education but not money which is honoured and respected in the roy...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT179
A.K. Mishra, J. 1. Petitioners are workers' union. The prayer made in the instant writ petition is to quash the award passed by the arbitrator Shri Digvijay Singh, Chief Minister of M.P. relating to dispute of removal of daily wages employees.Main question for consideration in the writ petition is whether Public Works Department and other departments of State of M.P. can be treated 'industry' under Section 2(j) of Industrial Disputes Act, 1947.2. The services of the daily rated workmen employed in Madhya Pradesh after 31-12-1988 in different departments of State of M.P. and various local authorities were ordered to be terminated by the Govt. of M.P., a memorandum (P-1) dated 14the February, 2000 was issued for removing all the daily wage employees appointed after 31-12-88 on the ground that a memorandum dated 15-9-89 was issued which contained direction not to fill up the posts which were vacant as on 1st January, 1988 and the ban on making the appointments out of contingency fund was ...
Tag this Judgment!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 : AIR2002MP166; 2000(2)MPLJ1
Dipak Misra, J.1. Invoking the extraordinary Jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, Associated Cement Companies Ltd., has prayed for issue of writ of certiorari for quashment of demand dated 19-10-95, Annexure-P-6 and further to declare that respondent No.2,Minicipal Council, Kymore is not entitled to impose any export tax on petitioner's finished goods which are despatched by rail to any destination and further to restrain them from levying such tax,2. The facts as have been depicted in the petition are that the petitioner is a Limited Company registered under the provisions of Indian Companies Act, 1956 and has its registered office at Bombay. It is enganged in the business of manufacturing cement. It has its factory at Kymore in Tahsil Vijayraghavgarh in the district of Jabalpur. The village Kymore, as pleaded, owes its existence because of the petitioner and Eternit Everest Limited which has set up its cement plant adjacen...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT188
ORDERN.K. Jain, J. 1. 1. The judgment impugned is passed in appeal (Cr. Appeal No. 7/97) by. Addl. Sessions Judge, Narsinghgarh, where by the learned A.S.J. while affirming applicant's conviction under Section 39 of the Indian Electricity Act read with Section 379, IPC, has set aside the sentence of 6 months RI, passed by Judicial Magistrate Second Class, Narsinghgarh in Criminal Case No- 392/99 and instead sentenced the accused-applicant to pay fine Rs. 10,000/- and in default to undergo 4 months SI. 2. Having heard learned counsel for the applicant and the PP for the respondent-State in my judgment, not only the judgment passed by the Appellate Court below, but also the one of the Trial Magistrate should be quashed. 3. The offence under Section 39 of the Indian Electricity Act, 1910 as substituted by the Act No. 31 of 1986 is now punishable with imprisonment for a term which may extend for 3 years or with fine, which shall not be less than Rs. 1,000/- or with both. Earlier to this Am...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
S.P. Srivastava, J.1. Finding a mist of confusion in the scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, in regard to the exclusion of the jurisdiction of the Civil Court in the matters relating to various rights which may require adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this Court, two learned Single Judges of this Court thought it appropriate to refer the questions of law framed by them for being considered and answered by a Full Bench so that the position in law may be clarified and this is how this matter has come up for consideration before the present Full Bench constituted by Hon'ble the Chief Justice.2. One of the learned Single Judges while hearing the aforementioned four second appeals involving the substantial question of law as to whether in view of the provisions of Section 57 of the Madhya Pradesh Land Revenue Code, the Civil Court h...
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