Court : Madhya Pradesh Jabalpur
..... . it was further submitted that municipal corporation, singrauli did not obtain prior permission of the state government as required under sub-section 5 of section 80 of the municipal corporation act, 1956 before disposal of the property. he has also relied on rule 7 of transfer of immovable property rules. it was further argued that respondents are bound by the doctrine ..... division bench of this court had expressed an opinion that when substantial question of law relating to interpretation of article 295 of the constitution and the provisions of the cantonments act, 1924 have been raised on behalf of civilian residents of mhow by the petitioner-association contending that it is the state of madhya pradesh and not the union of india .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... has been applied for, in our opinion, various aspects have to be considered including the effect of non filing of the application under section 5 of limitation act seeking condonation of delay. overall conduct of the applicant has to be considered during the trial, circumstances in which he was proceeded ex-parte. mere filing of ..... certified copy of the judgment and decree and to explain delay in filing application under order 9 rule 13 of cpc. section 12(2) of the limitation act provides for exclusion of time requisite for obtaining certified copies in certain cases. application under order 9 rule 13 is not mentioned therein. this court in zaibunnisa ..... appeared before the trial court, written statement was also filed. as the rent was not deposited, an application under section 13(6) of m.p. accommodation control act, 1961 was filed. the trial court ultimately ordered striking-off the defence of defendants/tenants. thereafter, defendants were proceeded ex-parte. the civil suit was filed in .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... medical college hospital.11. statement made by deceased to rajkumar (pw-2) and usha rani yadav (pw-5) was treated as oral dying declaration under section 32 of the evidence act. what was stated by the deceased was informed to police officer who recorded the first information report. learned counsel for the appellants submitted that these witnesses were got-up witnesses ..... that accused jittu facilitated the accused persons in causing the knife injuries to deceased by catching his hand. therefore, in our opinion, it cannot be held that he did not act in furtherance of the common intention of all. in a similar situation, supreme court in the case of major singh v. state of punjab air 2003 sc 342 held the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... and co-accused were charge-sheeted.8. learned special judge framed charges under sections 7 and 13(1)(d) read with section 13(2) of the prevention of corruption act against appellant. he abjured his guilt and pleaded that he was not competent to issue patta in favour of complainant. he never demanded bribe and stated that trap money was ..... shall be six months rigorous imprisonment for section 7 and one year rigorous imprisonment for section 13(1)(d) read with section 13(2) of the prevention of corruption act. sentence of fine is affirmed. both the sentences of imprisonment shall run concurrent.46. the appeal is dismissed, except to the extent of modification of sentence as noted above ..... in special case no. 3/1999, convicting him under sections 7 and 13(1)(d) read with section 13(2) of prevention of corruption act and sentencing him to rigorous imprisonment for two years with fine of rs. 3,000/-, in default, rigorous imprisonment for six months; and rigorous imprisonment for two years with .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... that on wrong premise the amount towards guarantee is being siphoned. with these allegations in the forefront, the appellant invoked section 9 of the act of 1996, seeking directions that respondent be restrained from invoking/encashing performance guarantee as also the guarantee furnished towards mobilisation advance.9. the court ..... agreed to give the contractor such a bank guarantee. now thereof we syndicate bank, a body corporate constituted under banking companies acquisition and transfer of undertakings act 1970, having its head office at manipal, karnataka (india), and having a branch office amongst other places at nehru place new delhi-110019 (hereinafter ..... defects and deficiencies whatsoever as pointed out by the project manager.(e) fails to follow the instructions, directions etc. issued by project manager.(f) acts or conducts in breach of the main agreement conditions executed between ssangyong and employer/engineer.(g) becomes bankrupt or insolvent or its progress payment from .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... was dismissed from service because of his conviction for an offence under section 498-a of the indian penal code read with sections 4 and 6 of the dowry prohibition act whereas by order dated 04-08-2006 the appeal preferred by the petitioner was dismissed.3. the order dated 15-06-2006 is in following terms : "jh 'kssysunz dqekj fclkfj .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... that his employment could not be transferred by the appellant university to the manipur university without his consent, notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. the contract of service entered into by the respondent was a contract with the appellant university and no law can convert that contract into a contract between the ..... respondent and the manipur university without simultaneously making it, either expressly or by necessary implication, subject to the respondent's consent. when the manipur university act provides for the transfer of the services of the staff working at the centre of postgraduate studies, imphal, to employment in the manipur university, it must be construed as a .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... was upon them to have offered the job to male dependant, i.e., son of the petitioner on his attaining 18 years. the respondents are thus not justified in acting in contravention to the stipulations of ncwa v and to the detriment of the welfare of the petitioner.10. in view of above decision, not granting employment to the ..... a right. but, even for the said purpose, keeping in view the fact that a beneficial provision is made under a settlement, the 'state' was expected to act reasonably. while so acting, it must provide for a period of limitation which is reasonable. apart from the fact that the period of limitation provided for in the circular letter with a power ..... is, therefore, open to guess. we expect a public sector undertaking which is a 'state' within the meaning of article 12 of the constitution of india not only to act fairly but also reasonably and bona fide. in this case, we are satisfied that the action of the respondent is neither fair nor reasonable nor bona fide.18. we have .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... that his employment could not be transferred by the appellant university to the manipur university without his consent, notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. the contract of service entered into by the respondent was a contract with the appellant university and no law can convert that contract into a contract between the ..... respondent and the manipur university without simultaneously making it, either expressly or by necessary implication, subject to the respondent's consent. when the manipur university act provides for the transfer of the services of the staff working at the centre of postgraduate studies, imphal, to employment in the manipur university, it must be construed as a .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... me through the documents filed, the representation submitted and the other material available on record petitioner tried to emphasize that the respondents have acted in a biased and malafide manner and only to harass and victimize the petitioner the impugned action is taken. it was argued by him that respondents have ..... overall service record of the petitioner. it is the case of the petitioner that in the present case compulsory retirement of the petitioner is nothing but an act for punishing the petitioner, without holding a proper enquiry, in violation of the principles of natural justice and, therefore, the same is unsustainable. by taking ..... of the petitioner that he is a group a officer and the establishment of respondent no.2 was initially registered as a society under the societies registration act, 1860. it was earlier known as maulana azad college of technology and was a regional engineering college functioning under the joint supervision of the central .....
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