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Judgment Search Results Home > Cases Phrase: rationale Court: madhya pradesh Year: 1999 Page 1 of about 14 results (0.047 seconds)

Jul 22 1999 (HC)

Satish Kumar Upadhyaya Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Jul-22-1999

Reported in : AIR2000MP92; 1999(2)MPLJ669

..... ) of the m.p. municipalities act. 1961 which provides that the president against whom no confidence motion is to be moved, shall not preside over the meeting. there is a rationale or principle behind such a provision. the person who is facing charges should not preside in the meeting of the committee. during the course of the deliberations and discussions in .....

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Feb 18 1999 (HC)

Mani JaIn Vs. Sub-divisional Forest Officer-cum-authorised Officer and ...

Court : Madhya Pradesh

Decided on : Feb-18-1999

Reported in : 1999(2)MPLJ81

..... made by any person either to the high court or to the sessions judge, no further application by the same person shall be entertained by the other of them.'the rationale behind it to prevent multiplicity of revision petitions in criminal matters. but the present controversy does not fall under the criminal procedure code and would not invite the bar of second revision .....

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Feb 18 1999 (HC)

Smt. Mani JaIn Vs. Sub-div. Forest Officer and ors.

Court : Madhya Pradesh

Decided on : Feb-18-1999

Reported in : 1999CriLJ1800

..... by any person either to the high court or to the sessions judge, no further application by the same person shall be entertained by one or other of them. the rationale behind it to prevent multiplicity of revision petitions in criminal matters. but the present controversy does not fall under the cr. p.c. and would not invite the bar of .....

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May 14 1999 (HC)

Amarsingh S/O Madhavsingh Raghuvanshi Vs. Rajesh S/O Bhagirath and ors ...

Court : Madhya Pradesh

Decided on : May-14-1999

Reported in : 2001ACJ1003; 1999(2)MPLJ482

orderj.g. chitre, j.1. shri m.s. chouhan, counsel for the petitioner. shri p.k. gupta, counsel for insurance company/respondent no. 3, which was the contesting party in respect of said claim in context with an accident took place by use of a motor vehicle.the matter is finally decided at this stage with the consent and desire of advocates appearing for contesting parties as this aspect is connected with speedy disposal of the claims which are being tried by m.a.c.t. and which are placed before lok adalat.2. in the present matter the petitioner had filed a claim for getting compensation on account of injury sustained by the use of a motor vehicle. the claim petition was laid before lok adalat for speedy disposal keeping in view the benevolent spirit of the enactment. the petitioner and opponent no. 3 amicably settled the dispute in lok adalat and an award was passed. after said award was passed the petitioner moved an application, for the purpose of getting the entire amount of the award as he wanted to repay the loan of rs. 40,000/- which he had obtained for the purpose of his medical treatment in choithram hospital, indore, by pointing out that the creditor has issued notice to him demanding repayment of the said loan and threatening him that in the event of failure of the payment there would be a suit filed against him in the court.3. few facts need to be stated for understanding the grievance of the petitioner. the tribunal which was cession over the claim petitions had .....

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May 04 1999 (HC)

Gujarat Ambuja Cement and ors. Etc. Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Decided on : May-04-1999

Reported in : AIR2000MP194; 2000(2)MPHT112

dipak misra, j. 1. coal is sometimes called black diamond, of course, contextu-ally. euphemistically it is also called 'dark diamond'. archeological evidence indicates that coal was burnt in funeral pyres during the bronz age (3000-4000). great philosopher and thinker aristotle refers to coal in his book 'mateorology'. in the modern context the term 'coal' has gained immense significance and importance as far as industrial world is concerned. classification is sometimes viewed as a controversy in perpetuity for some reason or the other. it creates a stir in the atmosphere and gathers momentum to knock at the doors of justice for proper estimation. the authorities deal with the coal as their monopoly by prescribing grades and fixing the rates as they feel just but the dissatisfaction among the consumers arises because they feel that injury has been caused to justice which requires to be remedied by the courts.2. the moot question that arises for consideration in this batch of writ applications is whether imposition of 10% premium of the price given in table-ii of the notification dated 1-1-89 issued under the provisions of the colliery control order as promulgated under section 16 of the essential commodities act, 1955 under item no. 20 is justified by the collieries supplying coal to the consumers in the country in connection with a, b, c and d grades of coal sold to them ?3. before we proceed to answer the core question, we may hasten to state here that the matter was .....

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Feb 05 1999 (HC)

Samta Construction Co. Vs. Pawan Kumar Sharma, Deputy Director of Inco ...

Court : Madhya Pradesh

Decided on : Feb-05-1999

Reported in : [2000]244ITR845(MP)

dipak misra, j. 1. the justifiability of the action of the deputy director of income-tax (investigation) and the commissioner of income-tax, respondents nos. 1 and 2, respectively, herein, requisitioning the bank draft of the petitioner in exercise of power under section 132a of the income-tax act, 1961 (hereinafter referred to as 'the act'), on december 14, 1996, is called in question in the present writ petition preferred under article 226 of the constitution of india by the petitioner, a partnership firm.2. the essential facts which require narration for the present litigation are that the petitioner firm is engaged in the business of executing various kinds of work, and contract operation of quarrying of sand on lease basis from the government of madhya pradesh. as set forth in the petition, the partnership-firm submitted earnest money of rs. 72,60,000 (seventy two lakhs sixty thousand only) in a joint venture along with others with themadhya pradesh matsya vikas nigam limited (hereinafter referred to as 'the nigam') in connection with a bid for fishing rights for sagar gandhi dam. it is stated that due to paucity of time the petitioner could not channelise funds through its bank for which he had to obtain loans from various persons. loans were advanced by them by way of bank drafts drawn in favour of the 'nigam'. initially, the tender was awarded in favour of the petitioner it being the highest bidder but afterwards the same was withdrawn by the department of fisheries .....

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May 02 1999 (HC)

M/S. Samta Construction Vs. Pawan Kumar Sharma and ors.

Court : Madhya Pradesh

Decided on : May-02-1999

Reported in : (1999)155CTR(MP)405

orderdipak misra, j.:justifiability of the action of the deputy director of income tax (investigation) and commissioner of income tax there respondents nos. 1 and 2, respectively, herein, requisitioning the bank draft of the petitioner in exercise of power under section 132a of the income tax act, 1961 (hereinafter referred to as 16 'the act') on 14-12-96 is called in question in present writ petition preferred under article 226 of the constitution of india by the petitioner, a partnership firm.2. the essential facts which require narration for the present litigation are that the petitioner firm is engaged in the business of executing various kinds of work and contract operation of quarrying of sand on lease basis from the government of m. p. as set forth in the petition the partnership firm submitted earnest money of rs. 72,60,000/- (seventy two lacs sixty thousand) only in a joint venture along with others with m. p. matsya vikas nigam limited (hereinafter referred to as 'the nigam') in connection with a bid for fishing rights for sagar gandhi dam. it is stated that due to paucity of time the petitioner could not channelise funds through its bank for which he had to obtain loans from various persons. loans were advanced by them by way of bank drafts drawn in favour of the 'nigam'. initially the tender was awarded in favour of the petitioner it being the highest bidder but afterwards the same was withdrawn by the department of fisheries and the earnest money deposited was .....

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Sep 06 1999 (HC)

Yogendra Singh Vs. State of M.P. Through P.S.

Court : Madhya Pradesh

Decided on : Sep-06-1999

Reported in : 2000(1)MPHT409

orderdipak misra, j.1. maxwell in his treatise on interpretation of statute (tenth edition) page 284 in his inimitable style postulated thus :'the tendency of modern decisions, upon the whole is to narrow materially the difference between what is called a strict and a beneficial construction. all statutes are now construed with a more attentive regard to the language and criminal statutes with a more rational regard to the aim and intention of the legislature, than formerly. it is unquestionable right that the distinction should not be all together erased from the judicial mind, for it is required by the spirit of our free institutions that the interpretation of all statutes should be favourable to personal liberty.'the purpose of referring to the aforesaid passage is due to the fact that the learned counsel for the petitioners have impressed upon this court to interpret section 438 of the code of criminal procedure (hereinafter referred to as 'code') in such a manner so that it would be 'favourable to personal liberty'. their submission, in essence, is that in absence of any rider in the language of section 438 of the code, it should be allowed to have free play without any confines and circumscription. it is well accepted that individual liberty is a priceless treasure, a well cherished ideal and a ripened gift of a cultured and progressive society to the individual. but the question that falls for consideration in the present case is whether a person who takes liberty with .....

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Oct 06 1999 (HC)

Dharampal Singh Pall Vs. Central Board of Direct Taxes and ors.

Court : Madhya Pradesh

Decided on : Oct-06-1999

Reported in : [2001]250ITR629(MP)

s.p. khare, j. 1. this is a petition under article 226 of the constitution of india challenging the letter no. ccit/mp/119(2 )(b)/t/r-357/96-97/7244(2), dated february 14, 1997 (annexure-p/4) of the chief commissioner of income-tax which has been communicated to the petitioner by letter dated february 20, 1997 of the commissioner of income-tax, jabalpur, by which the application for condonation of delay in claiming the refund of income-tax under section 119(2)(b) of the income-tax act, 1961, has been rejected.2. the petitioner is a contractor. income-tax has been deducted at source from his income as a contractor. he claims that the amounts of rs. 75,623, rs. 76,417 and rs. 66,024 for the years 1991-92, 1992-93 and 1993-94, respectively, are refundable to him. he has filed the returns in the year 1996. he applied for condonation of delay. that application has been rejected by respondent no. 1--central board of direct taxes, new delhi, as communicated to the petitioner by the impugned orders. notices have been served on the respondents. their standing counsel took time to file the return but it has not been filed. the arguments of both sides were heard.3. the main ground on which the impugned orders have been attacked is that no reasons have been disclosed for rejecting the application of the petitioner for condonation of delay. it is mentioned in the letter dated february 14, 1997, that 'after careful consideration the board has rejected the request of shri dharam pal singh .....

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Oct 14 1999 (HC)

Brij Bhal Singh Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Decided on : Oct-14-1999

Reported in : AIR2000MP265

orderdipak misra, j. 1. in both these writ petitions challenge being to the award of licences in favour of respondent no. 10; one pertaining to tea, coffee, sweets, namkeen and fruit stall and the other for vegetarian and non-vegetarian refreshment room at manikpur railway station, they were heard analogously and are disposed of by this common order. it is worthwhile to note here that the challenge in w.p. no. 3186/99 is on a wide spectrum whereas in w.p. no. 3281/99 the assailment relates to short-listing of the competitors, as a result of which the petitioner therein, has been thrown away at the very threshold.2. the litigation has a history. an advertisement was published on 10-11-96 inviting tenders for catering snacks and food respectively. in pursuance of the said advertisement number of applications were made by the desiring persons for grant of licences. the applications were scrutinised by the screening committee and after scrutiny the screening committee sent the matter to the selection committee. the selection committee appreciating the factual matrix and the date furnished to it selected the present respondent no. 10. feeling aggrieved by such selection the writ petitioner in w.p. no. 3186/99, brij bhal singh, had preferred w.p. no. 4394/97 before this court. it was averred in the earlier writ petition that the selection committee had adopted different standard altogether contrary to the policy in force and the selection being dehors the policy required to be .....

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