Court : Madhya Pradesh
Reported in : (1990)IILLJ416MP
ORDERT.N. Singh.J1. Dedicated to the hallowed memory of the legendary heroine of the First War of Independence, Maharani Laxmibai, is the National College of Physical Education at Gwalior, popularly called LNCPE. Established by the Union Ministry of Education and Culture., its management currently vests in the Sports Authority of India, successor to the erswthile Society for the National Institute of Physical Education and Sports, shortly, SNIPES.2. From what has come on record, it is established that the petitioner was working as Resident Audit Officer at the Bhilai Steel Plant in the year 1985 when he appeared at an interview held on 14th April 1985 for the post of Administrative Officer at LNCPE, Gwalior. From Annexure R/1 it is disclosed that he was selected and was offered appointment in the said post, said to be a 'permanent post', on the following, among other, terms and conditions:'4. You will be on probation for a period of two years from the date of your joining and during wh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)192CTR(MP)421; [2004]270ITR60(MP)
A.M. Sapre, J.1. This is a reference made at the instance of the Revenue under Section 27(3) of the Wealth-tax Act, 1957, 'for answering the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in confirming the order of the Commissioner of Wealth-tax (Appeals) holding that the value of the land should not be added while valuing the property on the rent capitalisation method ?' 2. The question arises out of the assessment year 1986-87. In short and in substance, the question arose before the assessing authority (wealth-tax) as to what should be the mode of valuation for determining the immovable properties of the assessee. This question arose while valuing the property which was in possession of the tenants of the assessee. The Valuation Officer, while making the valuation, applied the method of rent capitalisation and further proceeded to add the value of the land on which the property was constructed. It is against this method...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT43; 2000(3)MPLJ66
Shambhoo Singh, J.1. This judgment disposed of Cr.A. No. 532/93 and 543/93 as they are directed against the judgment & Order dated 5-10-93 passed by IVth A.S.J. Dhar in S.T. No. 183/91 whereby all the appellants were convicted for offence under Section 148 I.P.C. and appellants Punja & Malsingh for offence under Section 302 I.P.C. and appellants Khuman, Ansingh, Bhavsingh and Gobariya for offence under Sections 302/149 I.P.C. and sentenced to 3 years R.I. and life imprisonment respectively.2. The prosecution case, in brief, was that on 12-2-91 Banesingh (P.W. 3), his brother Bahadur (P.W. 5), their father deceased Bhagiya, Bhagiya's nephew Limji (P.W. 4), Rupla (P.W. 8), appellants and acquitted accused Nansingh, Mukut, Dhaniya had gone to Harsinga Tekri to see 'Shivratri-Mela' and to worship God Shiva. In this 'Mela', thousands of tribal people armed with weapons come in groups. They consume liquor, dance, sing and beat drums. The appellants and the complainant party had animosity as ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT247; 2001(3)MPLJ348
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of mandamus commanding the respondents to declare the results of the petitioner and further to declare him to have passed in the subject of English.2. The facts as have been unfolded arc that the petitioner was prosecuting his studies in Higher Secondary School, Hinauti, Distt. Rewa. He filled up his form for appearing in the Higher Secondary School Certificate Examination and admit card was issued for the said purpose. He appeared from the examination centre, namely, non-Government Degree College, Lalgaon, Centre No. 1. As averred in the writ petition the petitioner completed his examination and was hopeful for being successful. It is setforth in the petition that the petitioner's result was published in the newspaper as well as in the booklet and it was reflected therein that he had passed the examination i...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT441; 2002(2)MPLJ125
ORDERA.M. Sapre, J. 1. The question involved in this writ is a short one. The question is whether respondent No. 4 was qualified to bid for the dealership of Bharal Petroleum Corporation for commodity popularly known as LPG or in other words, whether respondent No. 4 was eligible for being considered for the dealership of Bharat Petroleum Corporation for LPG The question arises on following facts on which the petitioner has sought this relief in this writ under Articles 226 and 227 of the Constitution of India. 2. The respondent No. 1 is a Government of India undertaking. By advertisement published in News Paper dated 21-8-2000 (Annexure A), the respondent No. 1 invited application from candidates for grant of dealership of distribution of LPG cylinders for several districts in State of M.P. One such district was Shajapur. The respondent No. 1 had prescribed several conditions as an eligibility criteria for applying for the said dealership. In other words, candidates fulfilling the pre...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ706
D.P.S. Chauhan, J.1. It is a State appeal under Section 377 of the Code of Criminal Procedure for enhancement of sentence filed against the judgment and order dated 11-7-1988, passed in S.T. No. 9/88 by the Additional Sessions Judge, Rajnandgaon wherein the accused was acquitted of the charge as levelled against him under Section 302, Indian Penal Code and instead he was convicted under Section 304 Part-II, Indian Penal Code and sentenced to a fine of Rs. 3000/- only and in default of payment of fine, the accused was required to undergo simple imprisonment of one year.2. The incident in question relating to the conviction of accused Kamla Shanker is dated 11th October, 1987 occurred in village Mohra. Accused Kamla Shankar was running a Bhatti (distillery) and on 11-10-1987 while Kanhaiya, the deceased was going on cycle from village Motipur to Mohara accused Kamla Shankar stopped him at his distillery and after stopping him offered liquor to him which he consumed along with other eatab...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990CriLJ1017
S.D. Zha, J.1. This judgment shall also govern disposal of Criminal Revision No. 24 of 1986 (Prabhawati v. Ghanshyam) presented by complainant Prabhawati for enhancement of sentence.2. The Convict-appellant challenges his conviction under Sections 354, 380 and 506 (B), I.P.C. and sentences of one year, one year R.I. and fine of Rs. 100/- in default one month further R. I. and six months R.I. respectively for the same awarded by Shri Section M. Naw-lakha, Additional Judge to the Court of Sessions Judge Mandsaur at Garoth, by his judgment dated 13-8-1985.3. The challan was put up against the appellant by S.H.O. Gandhi Sagar, District Mandsaur, for offences under Sections 459, 376 read with Sections 511 and 380, I.P.C. The case of the prosecution is that in the night intervening 20th-21st June, 1984 at midnight at village Navli, Prabhawati w/o. Jagannath (P.W. 1) was sleeping alone in her house. Her husband had gone away to Kota and his elder brother's son Rajesh (P. W. 3) was sleeping ne...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT105
ORDERJ.G. Chitre, J.1. Heard Shri Saraf at length. Perused the order which is being assailed by this L.F.A. Shri Saraf pointed out that learned Single Judge has not property considered the provisions of Section 15(6) of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (in short called 'Adhiniyam' for convenience). He further submitted that the learned Single Judge has drawn conclusion that husband of appellant Smt. Mani Jain was present in the said truck bearing No. MP-09-D-6091 when that was apprehended by Shri Pavan Joshi and other Forest employees. Shri Saraf submitted that as the learned Single Judge did not properly considered the Writ Petition, the appellant has been constrained to file this appeal. He prayed that the said order be set-aside by admitting this LPA for final hearing.3. Shri Kemkar pointed out that the learned Single Judge has considered all necessary facets of the matter and there is absolutely no error whatsoever in the judgment and order which is being assail...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP190; 2002(4)MPHT343; 2002(4)MPLJ354
ORDERS.P. Khare, J.1. This is a revision by the plaintiffs under Section 115, CPC against the order by which their appeal under Order 43 Rule 1 (r), CPC challenging the order of the rejection of their application for temporary injunction under Order 39 Rules 1 and 2, CPC filed in the suit, has been dismissed.2. A preliminary objection has been raised on behalf of the respondent No. 3 that the present revision is not maintainable in view of the proviso to Section 115(1), CPC. Reliance is placed by him on the decision of this Court in Sawal Singh v. Smt. Ramsakhi, 2002(4) M.P.H.T. 200 = 2002 (II) MPJR 169. This objection has been raised in several other revision petitions pending before this Court. Therefore, arguments were heard at length. Sarvashri Ravish Agrawal, Sr. Advocate, R.P. Agrawal, Sr. Advocate, R.P. Jain, R.S. Tiwari, P.D. Tiwari, Alok Aradhe and Ajay Mishra, Advocates have also addressed this Court on this point.3. The proviso to Section 115(1), CPC reads as under:--'Provid...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ2709
D.P.S. Chauhan, J.1. It is a State appeal under Section 377 of the Code of Criminal Procedure for enhancement of sentence filed against the judgment and order dated 11 -7-1988, passed in S.T.No. 9/98 by the Additional Sessions Judge, Rajnandgaon wherein the accused was acquitted of the charge as levelled against him under Section 302, IPC and instead he has convicted under Section 304, Part-II, I.P.C. and sentenced to a fine of Rs. 3000/- only and in default of payment of fine, the accused was required to undergo simple imprisonment of one year.2. The incident in question relating to the conviction of accused Kamla Shanker is dated 11th October, 1987 occurred in village Mohra. Accused Kamla Shanker was running a Bhatti (distillery) and on 11-10-87 while Kanhaiya, the deceased was going on cycle from village Motipur to Mohara accused Kamla Shanker stopped him at his distillery and after stopping him offered liquor to him which he consumed along with other eatables. During this period th...
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