Judgments - Madhya Pradesh High Court
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
Gyanchand Jain Vs. State of Madhya Prdesh
Balmukund Singh Gautam Vs. Smt. Neena Vikram Verma
Dr. Saiyad Ghazanafar Ishtiaque Vs. State of Madhya Pradesh and others
Law laid down - 1. Once the petitioner appointed on the post of Unani Chikitsa Adhikari under Rule 6 of Madhya Pradesh Health Services (Recruitment) Rules 1967, which gives power to the State Government to appoint a person without consultation with Madhya Pradesh Public Service Commission and said power is duly endorsed by Rule 3 of Madhya Pradesh Public Service Commission (Limitation of Functions) Regulations, 1957 then the said appointment of petitioner would be treated as regular appointment. 2. Once the petitioner Full Judgment
State of M.P. Vs. Latoori Vs. Ors.
Law Laid Down - 1. Mere relationship of the witnesses to the deceased do not per se render them partisan, especially when the version of eye-witness otherwise inspires confidence despite minor contradictions, embellishments and omissions. 2. Detailed graphic and elaborate disclosure of the incident is not per se an indication of witness being tutored or the prosecution story being manufactured. Full Judgment
Lallu alias Dashrath Baghel Vs. State of MP.
State of M.P. Vs. Rajendra Kumar Jain
Law Laid Down - “Whether a daily-wager who is declared permanent by way of classification, by the employer, merely on completion of 240 days of service as daily-wager, without any judicial intervention is entitled to claim salary alongwith increments in the regular pay-scale admissible to a civil post or is merely entitled to salary equivalent to the minimum of the regular pay-scale without increments and in this backdrop whether the impugned orders granting benefit of regular pay-scale with increments are liable to be Full Judgment
SUNFLAG IRON & STEEL CO. LTD. Vs. STATE OF MADHYA PRADESH
Law Laid Down - In absence of any averment by the petitioner in respect of completion of stage of third sub-menu (Attach Documents); the attaching documents and/or the bid acknowledgment not received from the system as per the tender conditions, it cannot be said that the decision to declare that the petitioner did not submit technical bid online lacks bona fide. The decision taken by the Technical Evaluation and Tender Approval Committee, which is a committee of experts cannot be interfered Full Judgment
Siddharth Dev Singh Vs. State of M.P. and others
Law laid down - "Whether as per proviso (i-a) of Section 51(1) any opportunity of hearing is required to be given before exercising the power of suo moto review - Held- Yes. "Whether any opportunity of hearing is required to be given before obtaining sanction from the higher authority for exercising the powers- Held- Yes. Full Judgment
SHIVANI SINGH Vs. THE STATE OF M.P. AND OTHERS
Raghuveer Singh and Others Vs. State of Madhya Pradesh
Law laid down - (1) Where witnesses make inconsistent statements in their evidence either at one stage or at two stages, testimony of such witnesses become unreliable and unworthy of credence and in absence of special circumstances, no conviction can be based on the evidence of such witnesses. (2) Material improvements of version of eye-witness from FIR to the version given in the Court, said evidence cannot be taken into consideration. (3) Failure on part of investigating agency to recover any bloodstained Full Judgment
M/s Goel Roadways Vs. State of M.P. & Another
Law Laid Down - The argument of the petitioner that the respondent could pick and choose a particular property to assess the net worth of the tenderer is not acceptable as the respondents cannot resort to such method to assess the net worth of the tenderer. The decision taken by the Technical Evaluation and Tender Approval Committee, which is a committee of experts cannot be interfered with while exercising writ jurisdiction of this Court, as this Court while exercising power of judicial Full Judgment
Naushad Ali Versus Mubarak Ali @ Bhura
Law laid down - Revision against the order passed in an election petition under the M.P. Municipalities Act, 1961, Security deposit alongwith memo of Revision Petition under Rule 19(2) of Rules 1962 is mandatory. Security amount has to be deposited alongwith the revision petition. High Court has no discretion to condone the latches. Full Judgment