Court : Madhya Pradesh
Reported in : 2010(1)MPHT217
ORDERP.K. Jaiswal, J.1. This order will dispose of two writ petitions, they being Writ Petition Nos. 3623 and 10326 of 2007. In both the writ petitions, the petitioner challenges the order dated 13-2-2007 passed by the Registrar, Public Trust, Damoh in Revenue Case No. 3-B/113 (1)/2002-2003, wherein the Registrar declared the Disciples of Christ Church Committee, Damoh as Public Trust.2. Petitioner-Julious Prasad of W.P. No. 3623 of 2007 is the Secretary of Disciples of Christ Church Committee, Damoh (M.P.), which is affiliated to Indian Church Council Disciples of Christ, a society registered under the M.P. Societies Registrikaran Adhiniyam, 1959, having Registration No. 286. The entire affairs of the Society are being managed by the Council. It consists of nine members who are known as elders, who have been managing the affairs of the Church. Somewhere in the 1895 the Church was constructed on Nazul Sheet No. 41, Plot No. 86 situated at Damoh. As per revenue record, out of total area...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)226CTR(MP)372
ORDERDipak Misra, J.1. These three appeals preferred under Section 260A of the IT Act, 1961 (for brevity 'the Act') were listed for default for not filing the application for condonation of delay supported with affidavit. At that juncture, a query was made from Mr. Sanjay Lal whether the High. Court can condone the delay when an appeal is preferred beyond the time prescribed under Section 260A of the Act in view of the decision rendered by the apex Court in CCE v. Hongo India (P) Ltd. and Anr. : (2009) 223 CTR (SC) 225 : (2009) 5 SCC 791. Mr. Alok Aradhe, learned senior counsel and Mr. Sumit Nema, learned Counsel were appointed as amicus curiae.2. Be it noted, there is no dispute over the fact that the appeals have been preferred beyond the period of limitation.3. The centripodal question that emerges for consideration is whether the High Court can condone the delay and if the delay is not condonable, there is no justification for granting time to file an application for condonation of...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2009]97SCL383(MP)
ORDERViney Mittal, J.1. This order shall dispose of two writ petitions, being WP No. 1998 of 2001 and WP No. 1743 of 2001, as both the writ petitions have arisen out of the orders passed by the Insurance Ombudsman. WP No. 1998 of 2001 has been filed by Oriental Insurance Company Ltd. (hereinafter referred as the 'Insurance Company'), challenging the order dated 4-12-2000, passed by the Ombudsman, whereby the preliminary objection raised by the Insurance Company regarding the assumption of jurisdiction by the Ombudsman has been rejected, and also raising a further challenge to the award dated 10-4-2001, whereby the Ombudsman has directed the payment of Rs. 17,92,194, along with interest, to M/s. Ruchi Worldwide Ltd. (hereinafter referred as the 'complainant-company'). WP No. 1743 of 2001 has been filed by the complainant-company, requesting for a writ of mandamus and for issuance of directions to the Insurance Regulatory Authority of India, as well as the Insurance Company, to make the ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009CriLJ3708
A.K. Shrivastava, J.1. This judgment shall also govern the disposal of Criminal Death Reference No. 1/2008 (State of M.P. v. Samander Singh), referred to this Court by learned trial Judge under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence passed against the appellant.2. Feeling aggrieved by the judgment of conviction and order of sentence dated 22-11-2008 passed by the learned First Additional Sessions Judge, Guna in Sessions Trial No. 122/06, convicting the appellant under Sections 376(2)(f) and 302 of IPC and thereby sentencing him to suffer Life Imprisonment and fine of Rs. 10,000/- and in default of payment of fine to suffer further R.I. of two years and to suffer death sentence and fine of Rs. 10,000/- respectively, this appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973.3. In brief, the case of the prosecution is that the deceased was the daughter of Meharban Singh and Shantibai. On 7-2-2006, the decea...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT418
ORDERA.K. Patnaik, C.J.1. In this batch of writ petitions filed under Article 226 of the Constitution, the common questions which arise for decision are that how far is it permissible under the Constitution for the State to control and regulate admissions and fees in private unaided professional educational institutions in the State of Madhya Pradesh.2. The background facts are that in Unni Krishnan v. State of Andhra Pradesh : (1993) 1 SCC 645, a five Judge Bench of the Supreme Court held that there was no fundamental right to professional education which flows from Article 21 of the Constitution but framed a scheme in the nature of guidelines which the appropriate Governments and recognising and affiliating authorities were to implement as conditions for grant of permission, recognition or affiliation under which the seats in professional colleges were to be divided into free seats and payment seats and a common entrance test was to be conducted by the State Government and the first ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP232; 2009(5)MPHT114
S.K. Gangele, J.1. The appellant has filed this appeal under Order 43 Rule 1(u) of the Code of Civil Procedure 1908, against the Judgment and decree dated 29-9-2006, passed by the II Additional District Judge (FastTrack), Sheopur, in Civil Miscellaneous Appeal No. 31-A/2006, quashing the compromise order dated 10-9-2000 passed by the Lok Adalat in Case No. 1/2000 in Civil Suit No. 186-A/1998.2. The plaintiffs Kashmir Singh, Ummed Singh, Sarvan Kumar Singh and Ramkrishna Singh filed a suit for declaration and permanent injunction. In the aforesaid suit initially the State of M.P. Tahsildar, one Sundara and Mahila Bhanwari Bai were defendants. Mahila Bhanwari Bai was the defendant No. 4. Subsequently, the name of defendant No. 3 Sundara, S/o Keshara, has been deleted. The plaintiffs pleaded in the suit that father of the plaintiffs Kalyan Singh had been in possession of the suit land and his possession was recorded up to Samvat 2027. He died on 6th June, 1991 and thereafter name of Deval...
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 : AIR2009MP169
Dipak Misra, J.1. Questioning the defensibility and substantiality of the order dated 14-8-2007 passed by the learned single Judge in Writ Petition No. 14605/ 2006, the present intra-Court appeal has been preferred under Section 2(1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005. The writ appeal was heard by a Division Bench which referred to the facts in issue, the provisions contained in the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Act') especially Section 50 of the said enactment, the stand and stance taken by the contesting parties and the interveners, the view expressed by the learned single Judge and the interpretation placed by him on the proviso added to Sub-section (4) of Section 50 of the Act by the M.P. Nagar Tatha Gram Nivesh (Sansodhan) Adhiniyam, 2004 on 29-12-2004, the interpretation sought to be placed by the learned senior counsel appearing for the Indore Development Authority (in short 'the Authority') and the proponemen...
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 : 2009(4)MPHT453
ORDERViney Mittal, J. 1. This issue projected for determination before this Court is:2. Whether for the purpose of carrying on the business of producing and selling of Bt cotton hybrid seeds, a permission from the Director of Agriculture of the State Government or from the State Biotechnology Co-ordination Committee (SBCC) is required ?3. The facts leading to the aforesaid question may be noticed4. The petitioner-Seeds Association of Madhya Pradesh, Indore (hereinafter referred to as 'petitioner-Association'), is a society registered under the provisions of Societies Registration Act, 1860, and is an association of persons involved in the business of the manufacture/production and sale of the seeds. Members of the petitioner-Association are also involved in the manufacture of Bt cotton hybrid seeds variety, which is a hybrid variety of seeds developed through gene transfer technology. According to the petitioner-Association, its members engaged in the dealings of aforesaid Bt cotton hy...
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