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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Sorted by: old Court: madhya pradesh Page 1 of about 8 results (0.064 seconds)

Aug 21 2008 (HC)

Narmada Bachao Andolan Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 2009(1)MPHT99

..... that since the investigations are being carried out pursuant to the firs already lodged and the one man commission of inquiry under the commissions of inquiry act, 1952 has been appointed by the state government, the court should not direct an investigation by the cbi.13. mr. dharmendra sharma, learned counsel appearing for the nca, submitted that no relief whatsoever has been ..... representatives of the petitioner organisation and considering that 686 fake registrations have been alleged under the srp, the state government has by notification dated 18-7-2008 issued under section 3 of the commissions of inquiry act, 1952, appointed shri n.c. nagraj, a retired district & sessions judge as a single man commission of inquiry, to make an inquiry into the allegations ..... court in the first and second narmada bachao's cases (supra), the supreme court has held that rehabilitation and resettlement of oustees of the sardar sarovar project is part ..... the state government and for information of the houses of the state legislature. hence, the high court will have virtually no role to play on the report of the one-man commission appointed by the state government under section 3 of the 1952 act by the notification dated 18-7-2008 if and when submitted.21. by the two judgments of the supreme .....

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Jun 19 2007 (HC)

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... also to punish them.3. the aforementioned act of filing of the application by the respondent and issuance of notice by the court against the petitioners has been assailed by the petitioners on various grounds. the grounds and decisions thereon are as under:(a) that, the ..... be a ground for quashing the proceedings because as provided by sub-section (2) of section 28 of the act, the court/learned magistrate is not prevented from laying down its own procedure for disposal of an application under section 12 of the act.(e) the proceeding has also been assailed on the ground that no report from the protection officer under section ..... cr.pc claiming maintenance from him and also she has filed another application under section 9 of the hindu marriage act for seeking a decree of restitution of conjugal rights against the petitioner no. 1. these applications are pending in the family court, gwalior. on these grounds, the respondent has prayed in the application for taking legal action against the petitioners and ..... cr.pc. the truthfulness or otherwise of the facts mentioned in the application can be decided by the learned magistrate after due inquiry under the procedure as prescribed by the act. hence, the proceeding based on the application cannot be quashed by this court at this stage on these two grounds.(c) that, as provided by section 2(q) of the .....

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Sep 21 2007 (HC)

Mallika Srinivasan and ors. Vs. Mani Prakash Sharma and ors.

Court : Madhya Pradesh

Reported in : I(2008)BC504

..... 24 of the agreement. on 26.7.2006 company filed a complaint annexure p/9 against the complainant under section 138 of the act in the court of jmfc, goharganj.3-c. instead of choosing to attend and defend the court at goharganj, the complainant has chosen to lodge the fir and thereafter filed the complaint dated 31.7.2006. the company vide ..... on the other hand the attendant circumstances indicate that the fir was to preempt the filing of the criminal complaint against the complainant under section 138 of the negotiable instruments act. the high court, therefore, was well within its power in quashing of the fir as otherwise it would tantamount to the abuse of the process of the ..... was sent and when the payment was not made by the complainant, company filed a complaint under section 138 of the act in the court of metropolitan magistrate bombay in the year 2001. impugning this complaint under section 138 of the act one writ petition was filed by the complainant quashing the same but the same was rejected on 14.6.2002. no ..... observed that the petition of complainant does not contain elements of cheating. it is evident that the complainant filed the complaint in court suppressing material facts of pending criminal proceedings under section 138 of the negotiable instruments act and dismissal of writ petition. if the complainant disclosed all the facts and did not suppress material facts the learned magistrate would have been .....

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Jan 03 2008 (HC)

Narmada Constructions Vs. Western Coalfields Ltd.

Court : Madhya Pradesh

Reported in : 2008(4)ARBLR246(MP)

..... 1996, objections preferred by contractor have been dismissed, aggrieved thereby the contractor has come up in appeals in this court.4. shri v.r. rao, learned senior counsel, has submitted that act of 1996 was not applicable, arbitration clause was invoked before the act of 1996 was made applicable, thus, counter-claim was not included within the connotation of dispute between the parties ..... sum of rs. 2,70,08,114.56. wcl applied for making the award rule of the court whereas the contractor filed objections under section 34 read with section 20 of arbitration and conciliation act, 1996 (hereinafter referred to as 'the act of 1996'). the district court set aside the award as per order dated 09.08.1997. said order was assailed in this ..... arbitrator had the jurisdiction to entertain the counter-claim filed by wcl, it was also held by this court that act of 1996 was applicable as such the case was remitted to the district court to hear and decide it afresh, thereafter impugned orders have been passed on 21.02.2002, award has been held to be executable in view of section 36 ..... court by way of filing ma nos. 1190/1997 and 1191/1997. the appeals were allowed, decision rendered by .....

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Sep 15 2008 (HC)

M.P. Transport Workers Federation and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2008(5)MPHT374

..... their lordships have expressed thus:12. it would be wrong to assume that there is an element of judicial arrogance in the act of the courts in striking down an enactment. the constitution has assigned to the courts the function of determining as to whether the laws made by the legislature are in conformity with the provisions of the constitution. ..... to discover a dormant or latent legislative policy to sustain an arbitrary power conferred on the executive.....(emphasis supplied)46. in ashok kumar thakur v. union of india : (2008)6scc1 , while dealing with the concept of guidelines and excessive delegation without there being proper guidelines in relation to delegation of power to the union government to determine as ..... article 14 as authorising or permitting discriminatory treatment of persons similarly situated.30. in hari chand sarda v. mizo district council and anr. : [1967]1scr1012 , the apex court declared lushai hills district (trading by non-tribals) regulations as ultra vires as the said regulations conferred upon the licensing authority unrestricted power of granting or refusing licence or its ..... economic beliefs for the judgment of legislative bodies'. moreover, while trespasses will not be forgiven, a presumption of constitutionality must colour judicial construction. these factors, recognized by our court, are essential to the modus vivendi between the judicial and legislative branches of the state, both working beneath the canopy of the constitution.22. in daya ram and anr .....

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Jan 25 2012 (HC)

K.K. Shrivastava Vs. Special Police Establishment Lokayukt Gwalior

Court : Madhya Pradesh

Reported in : 2012CrLJ2189

..... law. that is the doctrine which finds expression in the section which merely recognizes and preserves inherent powers of the high courts. all courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary ..... no prudent person can ever reach such a conclusion. the extraordinary and inherent powers of the court do not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. however, the court, under its inherent powers, can neither intervene at an uncalled for stage nor it can ' ..... the lokayukt organization. the charge-sheet against the petitioners/accused after grant of permission from the state government are filed before the special court and the court also took the cognizance on the charge-sheet papers. the trial against the accused are in progress. therefore, it is submitted that in ..... rule which would govern the exercise of inherent jurisdiction. no legislative enactment dealing with procedure can provide for all cases that may possibly arise. courts, therefore, have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by ..... others (air 1996 sc 722), state of m.p. vs. awadhkishore gupta and others (2004) 1 scc 691, cbi vs. k.m. sharan (2008) 4 scc 471, state of ap vs. arvappally venkanna and another (2009) 13 scc 443. (5) heard the learned counsel appearing on behalf of the .....

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Aug 23 2012 (HC)

Pramod Mishra Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... dall and flour mills 1992 (supp) 1 scc 150.6 3. gujarat housing board engineers assn. vs. state of gujarat (1994) 2 scc 24.4. pepsu road transport corporation, patiala vs. mangal singh and others 2011) 11 scc 702.5. state of t.n. and another vs. adhiyaman educational & research institute ..... that come under the higher education department is concerned, even though the central government issued the notification vide annexure p-2 dated 31.12.2008 and enhanced the age 11 of retirement and other benefits payable to the teacher and other staff members working in the institution of higher ..... by the department of higher education. it is stated that the policy of the central government as contained in the circular dated 31.12.2008 is only implemented in the regulation 2010 by applying it to technical institution. so far as technical institution like polytechnic college functioning under the ..... seen from the records that the government of india, ministry of human resources development department of higher education issued a notification dated 31.12.2008, annexure p-2, by which taking note of the condition and shortage of teaching staff in various universities/colleges and education institute a decision ..... by this court that the regulation 2010 is statutory in nature but as the regulation itself gives discretion to the state government in the matter of its implementation in the state of madhya pradesh with regard to 19 employees working in the government polytechnic institutes, the act of the state .....

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Jul 10 2015 (HC)

Commissioner of Income Tax Vs. M/s Mechmen 11-C, Bhopal

Court : Madhya Pradesh

..... any person other than the person whose premises had been searched or whose documents and other assets had been requisitioned under section 132a of the act. (emphasis supplied) 13. in a recent decision of the supreme court in the case of commissioner of income tax-iii vs. calcutta knitwears (supra), although the question considered was at what stage the assessing officer must ..... .), bearing appeal nos.cit(a)-i/bpl/it-275 to 281/2007-08. these appeals were decided by a common order passed by the first appellate authority dated 15.7.2008. before the appellate authority, amongst other grounds, the principal grievance was about the inappropriate assumption of jurisdiction under section 153c. with regard to that ground, the appellate authority relied on ..... its decision in the case of m/s chirchind hydro power limited it (ss) a no.171. 172 and 174/ind/2008 and also m/s gwalior tanks and vessels limited it(ss) a no.175 to 181/ind/2008. paragraph nos.78 to 82 of the said decision has been reproduced by the tribunal for dealing with the question about the ..... , indore bench at indore by filing separate appeals which were numbered as i.t(ss).a.nos.182 to 188/ind/2008 for the concerned assessment years. the respondent assessee also filed cross objection numbered as c.o.no.126/ind/2008 for a.ys. 2003-04. all the above numbered appeals and cross objection were disposed of together by a common .....

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