Court : Madhya Pradesh
Reported in : AIR2004MP122; 2003(4)MPLJ424
Dipak Misra, J. 1. The petitioner, a resident of District Dindori, who was elected unopposed as a 'Panch' from Village, Mohda in the last Gram Panchayat election describing himself as a social worker, and pro bono publico, has filed this public interest litigation with numerous prayers which are essentially relatable``1e to removal of encroachers from the land situated in the reserved forest in the District, Dindori, to take appropriate action who have indulged themselves in illicit felling of trees, to clear the approach road to Village, Mohda by evicting the encroachers, to remove the unauthorized persons from the cattle-grazing area, to command the State Pollution Control Board to take appropriate action to save environment and restore ecology of the reserved forest and to pass such other order/ orders as may be deemed fit and proper in the facts and circumstances of the case.2. The facts as have been undraped are that the Village, Mohda is situated in the Tahsil and District Dindor...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ1157
ORDERS.C. Pandey, J.1. The applicant has filed this revision under Section 397 of the Code of Criminal Procedure challenging the order dated 29th May, 1998 passed in special case No. 12/87.2. The applicant is facing trial for commission of offences which are liable to be punished by Section 468, 471, 120B of IPC and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act of 1988') or instead of the charges under aforesaid sections of the Act of 1988 under Section 5(1)(d) (for short 'the Act of 1947).3. The facts for determination of this revision are as follows. The applicant was serving as an Under Secretary in the Revenue Department of the State of Madhya Pradesh as an employee of the executive services of the State in 1984. In that capacity he was attached to Shri Muni Prasad Shukla, the Revenue Minister. It is alleged by the prosecution that the applicant by his acts and omissions helped Motor Parts Dealers Welfare Association, J...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP167; 2006(2)MPHT45; 2007(1)MPLJ181
ORDERS.S. Jha, J.1. In this petition filed in public interest, petitioner has challenged the action of the respondents in permitting non-forest activities in the forest area. Though this petition related to a limited area to be developed by the Special Axea Development Authority (SADA) respondent No. 6 and has challenged the development plan of the said Authority in which forest area is being utilised for non-forest activities for construction of Counter Magnet City and permission of mining in the forest area, during the course of arguments, this being a public interest litigation, the Court has enquired about the non-forest activities in the district of Gwalior and issuance of mining lease to various persons on the forest land. In view of the contradictory reply by the Department of Forest and Revenue, a committee was constituted which was headed by Justice R.B. Dixit, a retired Judge of this Court, Committee submitted its report. State was not satisfied with the said report and furth...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP108; 1991(0)MPLJ5
Faizan Uddin, J.1. The order passed in this petition will also govern the disposal of Misc. Petn. No. 3560 of 1989 Dr. (Smt.) Anshu Gupta v. State of M.P. as both the petitions raise a common question of law and facts for determination by this Full Bench.2. Differing with the view expressed by the earlier two Division Benches of this Court, in Dr. (Mrs.) Anju Gupta v. State of M. P., M.P. No. 666 of 1981, decided on 4-8-1981 and Smt. Tanuja Singh v. State of M.P., M.P, No. 1169 of 1988, decided on30-8-1988; another Division Bench of this Court has made this reference to examine and decide the constitutional validity of Rules 3 and 4 of 1984 Revised Rules framed by the Government of Madhya Pradesh, for selection of the candidates for appointment as House Job Officers in the Medical Colleges of the State. That is how this petition has been placed before this Full Bench.3. Before we refer to the impugned Rules, it would be appropriate to briefly state the facts, in the context of which, t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP25
A.G. Qureshi, J.1. The petitioners in this petition have passed their M.B.B.S. examination in September, 1987 and completed their internship on 17-11-1988. They also completed their house job in the Department of Paediatrics in the M. Y. Group ofHospitals attached to M. G. Medical College, Indore 17-11-1989. They are, therefore, desirous of getting admission in P. G. degree course in Paediatrics or in the alternative P. G. diploma course in Paediatrics leading to the diploma in DCH. According to the petitioners, in the Department of Paediatrics inthe M. G. M. Medical College, Indore, there are 11 seats in the post graduate courses. 5 of them are for degree course leading to degree of M. D. Paediatrics. Out of 5 seats, 3 are earmarked for merit candidates and one each for Assistant Surgeons and candidates coming from All India Pre P. G. quota. 6 seats arefor diploma course leading to diploma in DCH. Out of 6 seats, 2 seats each are reserved for merit candidates, Assistant Surgeons and A...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1963]47ITR833(MP)
DIXIT C.J. - This is a consolidated reference under section 66(1) of the Indian Income-tax Act, 1922. It arises out of the Income-tax Appellate Tribunals orders disposing of the appeals preferred by two assessees. The two questions that have been framed for our opinion are :'(1) Whether, in the facts and circumstances of this case, the sums of Rs. 1,64,352 and Rs. 3,91,381 received by the assessees, M/s. Shrikrishan Chandmal and Nandlal Bhandari & Sons (P.) Ltd., respectively, out of the sum of Rs. 6,40,000 distributed by Nandlal Bhandari Mills Ltd., amongst its shareholders is dividend and taxable as such in the hands of the respective assessees under the provisions of the Indian Income-tax Act, 1922 ?(ii) Whether, in the facts and circumstances of this case, the Appellate Assistant Commissioner could enhance the assessment, as made by the Income-tax Officer on the assessee company, either at the instance of the Income-tax Officer or suo motu under section 31(3) (a) of the Indian Inco...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP316; 1963MPLJ614
Dixit, C.J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951, (hereinafter referred to as the Act) from a decision of the Election Tribunal, Rajnandgaon, declaring the election of the appellant Satya Prakash to the House of the People from Bilaspur parliamentary Constituency void on the ground that the respondent Bashir Ahmed's nomination had been improperly and illegally rejected.2. The material facts are not in dispute. The appellant Satya Prakash, the respondent Bashir Ahmed ana three other persons were candidates for election to the House of the People from the Bilaspur Parliamentary Constituency. On 22nd January 1962, the date fixed for the scrutiny of nomination papers, one Ramashankar Tiwari, who had proposed the appellant, raised the objection that the respondent Bashir Ahmed's nomination was not valid as he was a shareholder in 'The Combined Transport Services (Pvt.) Ltd., Bilaspur,' (hereinafter referred to as the Company), which had entere...
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...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP171; 1990(0)MPLJ253
V.D. Gyani, J.1. By this petition under Article 226 of the Constitution of India, the petitioners (in all 23) have challenged the'Rules' for admission to Post-Graduate Degree and Diploma Courses in Medical Colleges of the State of Madhya Pradesh, as also the rules for allotment of House-jobs, in the Hospitals attached to the Medical Colleges in t-he State.2. It is an. admitted position at these admissions to Post-Graduate Courses are governed by executive instructions issued by the State Government under Article 162 of the Constitution of India, although they are titled as Madhya Pradesh Selection for Post-Graduate Courses (Clinical, Para-clinical and Non-Clinical Courses) in Medical Colleges of Madhya Pradesh Rules, 1984 (hereinafter referred to as P.G. Rules). The rules pertaining to Diploma Courses are referred to as 'Diploma Rules'. These rules have been annexed to the petition as Annexures P/1 and P/3. It may also be noted that though titled and called as 'Rules', they are not sta...
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...
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