Judgments
Surendra Pratap Singh Vs. State of Madhya Pradesh & Others
Law Laid Down - Simple self-serving statement that the petitioners are social workers is not sufficient to invoke the public interest writ jurisdiction of this Court unless the petitioners are able to produce on record to the satisfaction of the Court such social work in last couple of years is in the area in respect of which the public interest writ petition is filed. Public interest litigation in respect of acquisition of land at the instance of third person would not be Full Judgment
Narsingh v/s Vikram Viswavidyalaya
Jaheeruddin vs The State of Madhya Pradesh
Law Laid Down - Bail u/s. 438/439 of Cr.P.C. - Article 51-A of the Constitution of India - emphasis made on the compliance of fundamental duties. Full Judgment
Rashmi Boudh & others v. State of M.P. & others
Law Laid Down - Madhya Pradesh Junior Administrative Service (Recruitments and Service Conditions of Service) Rules, 2011 (for short “the 2011 Rules”) contemplate that the candidates should have served at least for five years as Patwari in permanent or officiating capacity. In terms of the Scheme of appointment and the 2011 Rules, the petitioners were appointed to the service only after completion of training and on qualifying the written examination. Therefore, the period prior to their appointment to the service cannot Full Judgment
Ramji Tiwari & others v. State of M.P. & others
Law Laid Down - No age is contemplated in respect of limited competitive examination either in Rule 6 or Rule 13 of Madhya Pradesh Junior Administrative Service (Recruitments and Service Conditions of Service) Rules, 2011 (“in short “the Rules”). Therefore, the Schedule-V of the Rules prescribing the age limit for filling of the posts of Naib Tehsildar from amongst the Patwaris or Revenue Inspectors is without any corresponding support from the substantive provisions of the Rules. In view of the said fact, Full Judgment
Shivnarayan Verma (Panchal) Vs. Anjuman Ismail Muslemin & others
Union of India & Others vs. M/s. K. Kapoor & P.R. Mahant Khandwa
Law laid down - It is a mandatory requirement to file original or certified copy of the agreement alongwith the application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the matter for arbitration in a pending suit. Full Judgment
Managing Director, M.P. Poorva Kshetra Vidhyut Vitran Co. Ltd and another Vs. Presiding Officer, Appellate Authority and another
Law laid down - The consumer, who is not indulged in an unathorised use of electricity on the basis of provisions of Section 126 of the Electricity Act, 2003, although having connected load beyond the sanctioned load, in such a situation, no penal tariff can be charged. Full Judgment
M/s Kesar Multimodal Logistics Ltd. Vs. Union of India & Others
Law Laid Down - The Reserve Bank of India has issued the circular dated 12.02.2018 in exercise of its statutory functions, therefore, the circular has a statutory force in view of the judgment of the Supreme Court reported as (2002) 1 SCC 367 (Central Bank of India vs. Ravindra and others) and therefore, there cannot be any estopple against a Statute. The decision of the Banks: as to whether the account of the petitioner should be treated under SDR mechanism or the Full Judgment
Dr. D.P. Singh & others Vs. State of Madhya Pradesh & Others
Law Laid Down - Even if there is a mistake in the advertisement in respect of available posts for general category or for reserved category candidates, that will not confer any cause of action upon the petitioners to dispute the selection process as the candidates have to be appointed in respect of posts available but generally not exceeding the posts advertised. The State would be well advised to calculate the backlog vacancies and to fill the seats keeping in view the advertisement Full Judgment
Dr. Avinash Mishra & others Vs. State of Madhya Pradesh & Others
Law Laid Down - The State has a right to assess the suitability of a candidate for appointment with or without interview. The State having exercised the jurisdiction in terms of Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (for short “the 1990 Rules”), it cannot be said that power of relaxation to do away with the interview is illegal. In exercise of power of judicial review, this Court examines the jurisdiction to relax the Rules. Since there is explicit power Full Judgment
Lalji Chaudhary Vs. The State of Madhya Pradesh
Manurai Samaj Dharshala Nyas Vs. The Registrar of Public Trust and another
M/S. COTT BEVERAGES INC. (ROYAL CROWN COLA INTERNATIONAL DIVISION) USA AND THREE OTHERS Vs. M/S. TRISTAR BEVERAGES PVT. LTD., INDORE
Law laid down - The criminal proceedings manifestly attended with malafide and/or where the proceeding is maliciously instituted with ulterior motive for wreaking vengeance on the accused and turning a civil litigation into a criminal litigation, deserves to be quashed. Full Judgment