#M.P. High Court Gwalior

[tezlivenews]

मध्यप्रदेश हाईकोर्ट ने ग्रुप D के सैकड़ों पदों पर निकाली भर्तियां, जानें पूरी प्रक्रिया

मध्यप्रदेश हाईकोर्ट ने ग्रुप D के सैकड़ों पदों पर निकाली भर्तियां, जानें पूरी प्रक्रिया

MP High Court Group D Recruitment 2021: मध्य प्रदेश हाईकोर्ट (MP High Court) में नौकरी पाने का सुनहरा मौका है. हाईकोर्ट ने नोटिफिकेशन जारी कर ग्रुप डी के 708 पदों पर भर्तियां निकाली हैं. 8वीं और 10वीं पास कर चुके उम्मीदवार इन पदों के लिए आवेदन करने के योग्य हैं. ऑनलाइन आवेदन की प्रक्रिया 9 नवंबर 2021 से शुरू हो गई है. कुछ पदों पर उम्मीदवारों का चयन भर्ती परीक्षा के आधार पर होगा, तो कुछ पदों पर…

[postolo]

MP HC | Court refuses to exercise writ jurisdiction in light of alternate remedy of appeal before STAT

Madhya Pradesh High Court: An application filed before a Bench of Sheel Nagu, J., by petitioner for grant of permit for the corridor route, i.e. Narsinghgarh to Barai via specified places was dismissed by respondent, i.e. Secretary, State Transport Authority. Hence, petitioner filed this petition under Article 227 of the Constitution invoking supervisory jurisdiction.

It was found that petitioner had an alternative statutory remedy of approaching the State Transport Appellate Authority at Gwalior. Petitioner had referred to the case of Waheed Khan v. Transport Department, WP No. 7703 of 2018, and submitted that there are no disputed questions of fact involved and since the order of the Secretary, STA, Gwalior is passed in violation of the statutory provision, the High Court can interfere.

High Court was of the view that the right interpretation of the Gazette is through the attending facts and circumstances of this case and the question to be decided which in the considered opinion of the Court involves disputed questions of fact, cannot be gone into under the writ jurisdiction. Since the statutory remedy was available the Court refused to exercise its writ jurisdiction and relegated the matter to the State Transport Appellate Authority at Gwalior. [Harish Kumar v. State of M.P., WP 25955 of 2018, dated 24-01-2019]

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[muralimohan]

corporate laws - tax laws - whether the CIT has express power to cancel/withdraw/recall the registration certificate once granted by him under Section 12A of the Act and, if so, under which provision of the Act? = It is not in dispute that an express power was conferred on the CIT to cancel the registration for the first time by enacting sub-Section (3) in Section 12AA only with effect from 01.10.2004 by the Finance (No.2) Act 2004 (23 of 2004) and hence such power could be exercised by the CIT only on and after 01.10.2004, i.e., (assessment year 2004-2005) because the amendment in question was not retrospective but was prospective in nature. - All the three High Courts after examining the issue, in the light of the object of Section 12A of the Act and Section 21 of the General Clauses Act held that the order of the CIT passed under Section 12A is quasi judicial in nature. Second, there was no express provision in the Act vesting the CIT with power of cancellation of registration till 01.10.2004; and lastly, Section 21 of the General Clauses Act has no application to the order passed by the CIT under Section 12A because the order is quasi judicial in nature and it is for all these reasons the CIT had no jurisdiction to cancel the registration certificate once granted by him under Section 12A till the power was expressly conferred on the CIT by Section 12AA(3) of the Act w.e.f. 01.10.2004. We are of the considered view that the view taken by the abovementioned three High Courts in the respective cases is in conformity with law and we accordingly approve the said view taken by these High Courts in three aforementioned decisions. Needless to say, the CIT would be free to exercise his power of cancellation of registration certificate under Section 12AA(3) of the Act in the case at hand in accordance with law.

corporate laws – tax laws – whether the CIT has express power to cancel/withdraw/recall the registration certificate once granted by him under Section 12A of the Act and, if so, under which provision of the Act? = It is not in dispute that an express power was conferred on the CIT to cancel the registration for the first time by enacting sub-Section (3) in Section 12AA only with effect from 01.10.2004 by the Finance (No.2) Act 2004 (23 of 2004) and hence such power could be exercised by the CIT only on and after 01.10.2004, i.e., (assessment year 2004-2005) because the amendment in question was not retrospective but was prospective in nature. – All the three High Courts after examining the issue, in the light of the object of Section 12A of the Act and Section 21 of the General Clauses Act held that the order of the CIT passed under Section 12A is quasi judicial in nature. Second, there was no express provision in the Act vesting the CIT with power of cancellation of registration till 01.10.2004; and lastly, Section 21 of the General Clauses Act has no application to the order passed by the CIT under Section 12A because the order is quasi judicial in nature and it is for all these reasons the CIT had no jurisdiction to cancel the registration certificate once granted by him under Section 12A till the power was expressly conferred on the CIT by Section 12AA(3) of the Act w.e.f. 01.10.2004. We are of the considered view that the view taken by the abovementioned three High Courts in the respective cases is in conformity with law and we accordingly approve the said view taken by these High Courts in three aforementioned decisions. Needless to say, the CIT would be free to exercise his power of cancellation of registration certificate under Section 12AA(3) of the Act in the case at hand in accordance with law.

1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.6262 OF 2010

Industrial Infrastructure Development

Corporation(Gwalior) M.P. Ltd. ….Appellant(s)

VERSUS

Commissioner of Income Tax,

Gwalior …Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1. This appeal is directed against the final

judgment and order dated 14.03.2007 passed by

the High Court of Madhya…

[blogkartikjain510-blog]

FARMERS IN INDIA                        SAVIOUR NEEDS SAVING !!

Suicide by farmers have become extremely common in our country. It has become so common that when we come across any news like, “Two farmers committed suicide in Madhya Pradesh” or any other news expressing the same in newspaper, Television etc., we tend to overlook the information. This is not out of disrespect for farmers but because of the existence of the problem for more than a decade and therefore ignorance of such news have become an involuntary action or a reflex action of ours. Farming is the most ancient practice of the world. Farming in India dates back even before the time of Lord Krishna. Wikipedia defines farming as the practice or activity or business of growing crops and raising livestock. The people who pursue this practice as occupation are known has farmers. It is estimated that more than 50% of population or 600 million people are engaged in farming. Also, 70% of the population directly or indirectly depend on agriculture. It is its ancient nature and population involved in this that makes this occupation as the primary occupation of the country. But, one would wonder why farmers who once loved this occupation have stared killing themselves because of this occupation? What have made farmers commit suicide? How can it be stopped ? All these questions are needed to be answered if we want to come to the right solution.

It has been estimated that over 3 lakhs farmers have committed suicide since 1995 and around 60% of these death have happened in last 10 years from 2007 to 2017. In every 30 minutes a farmers kills himself in some part of the country. A majority of them were concentrated in five major agricultural states of the country – Maharashtra, Madhya Pradesh, Andhra Pradesh, Karnataka and Chhattisgarh.  Farmer’s suicides have been steadily increasing over the years. On an average, around 15,400 farmers ended their lives each year between 1995 and 2003. This number increased to more than 16,000 between 2004 and 2012. Farmer suicides account for 11.2% of all suicides in India. Since the vast majority of population depends on agriculture, the suicides of farmers have posed a serious concern for India. Still, there has been no long term solution available for this problem.

The latest activity by farmers that have drawn worldwide attention towards them was the major strike organised by farmers. The strike was mainly organised in major agricultural states like Maharashtra, Madhya Pradesh etc. Most of the time strike went violent with vast destruction of public property. This has brought worldwide condemnation for the farmers’ community. Many think that their action was not justified. Yes, the violence caused by their action may not be justified but the strike was completely justified. Before making our mind on which side we are, we should be aware about the social-economic conditions faced by the farmers in day to day life. Also, you can’t clap with only one hand and it is true for violence.

There is no hiding from the fact that agriculture sector is facing crises. The environmental conditions have posed many problems for the farmers. But, this has not exacerbated their problem. The farmer’s suicides have largely been attributed to debt, drought, crop failure or poor returns. The social-economic factors like expenses related to health care, marriage, dowries, high interest rate etc. have worsened the existing plight of farmers. According to the National Sample Survey organisation (NSSO) report of 2013, the average Indian farmers make Rs.6400 per month and their expenditure is around Rs.6200 per months. During these 4 years, their income has nearly increased while expenditure has increased considerably. Thus, forget about paying off debts, they barely make money to feed themselves.

Given the fact that they make no profit, the best possible option for them is to take loan. Most of the farmers till date take loan from lenders like saukar etc. at high interest rate, unaware of the fact that government is offering loan at low interest rate. With social –economic problems like drought, price crash etc. farmers don’t make enough money to pay off the debt. In the hope that next year will be a good harvest, they take more loan and this viscous cycle keep on going with loan mounting on and unable to take care of family, many choose to end their lives. Around 80% suicides are of male which suggest the fact that unable to take care of family adds major mental stress to male farmers forcing them to end their lives.

One way to stop this is to make good policies that benefits the farmers. But, the policies made by the government have also aggravated the plight of farmers. As pointed by the famous journalist P Sainath in a letter to Prime Minister Man Mohan Singh in 2013 that thousands of farmers are dying because of policies government make, not because of law courts. Government has changed but this is true even now.

Even the worst of the worst problems have got the solutions and so does the farmers’ problems. Farmers are needed to be advised and guided on best cultivation practices. Construction of seed houses for supporting farmers in buying seed. Providing training on appropriate methods of cultivation. Providing farmers with latest technological gears in water management, weather forecasting, irrigation systems etc. in fields. Helping farmers in renting fields. Providing loans to farmers at 0% interest rate. Construction of storage systems for products. Establishing effective price rates so that farmers get good price for the products. By providing scholarships and sponsorship for farmer’s children so that farmers do not need to sell the land to pay education. Ending practices like dowry etc. which burden farmers. In this way both good agriculture practice and education can be promoted.

This is an era of mobile phones and internet. Almost everyone has mobile phones even most of the farmers have got it. The best solution for effective price distribution of food items and spreading awareness of policies, tutorials etc. can be via mobile phones. Government should make an app which suggest the price at which each food item should be sold by farmers in the market. Government policies should flash in the app so that each and every farmer can know them. In this way, farmers can be made aware and manipulation of farmers can be stopped. Hence, use of latest technology can play a very effective role in healing farmers’ miseries.

On realising the severity of farmers’ problems, some NGOs have made their aim to provide better standards of living to the farmers. NGOs like APULKEE, SANJEEVANI, NAVDANYA etc. have proved that with right aim and right people, this serious problem can be brought to knees. Their efforts have been extremely successful in bringing relief in the farmers’ life. But, to have a permanent solution NGOs, government and citizen have to work together in bringing upliftment in farmers’ life.

FARMERS ARE THE TRUE SAVIOURS AND MAKE THEM FEEL THE SAME BECAUSE IF THEY WON’T EXIST THEN WE WON’T.

Kumar Kartik Jain

(Intern at prayaas corps)

About Author: I was born on 5th Octuber 1995 in Gwalior (M.P). My father is a business man and my mother is a house wife. I have one elder sister. I have completed my schooling from Gwalior my graduation from SGSITS, Indore(M.P).

www.prayaascorps.com

About Prayaas Corps: With a motto to stir and inspire the youth’s mind in schools and colleges for National consciousness and work for the cause of society, this independent student organization was formed in 2013 on the day of 12th January. Prayaas-India, as it was initially called took up the initiative of working for the elation of the people of the society in order to create a better future and children who wish to serve our Motherland.

[postolo]

Appointment of a person accused in a criminal case, held, rightly rejected by appointing authority

Madhya Pradesh High Court: The petitioner in the instant case had filed a petition before a Single Judge Bench of J.K. Maheshwari, J., being aggrieved by the order passed by the President, Board of Revenue, Gwalior, MP.

Facts of the case were that appointment of the petitioner was in question where Board of Revenue had set aside the order confirmed by SDO who recognized contesting parties for the post as sons of predecessors of the Kotwar. The qualifications required for appointment to the post in question were same for both of them. The Board held that the petitioner was not entitled for the appointment on the post of Kotwar due to the fact that he was accused in a criminal case and had been convicted for the same. The petitioner referred to the impugned order urging that respondent knew Marathi as was seen in his marksheet and according to the appointment criteria for Kotwar in State of M.P., language of transcription was required as Hindi, thus the appointment of the respondent was not proper. Thus, it was contended that the Additional Commissioner as well as the Board of Revenue committed an error by setting aside the orders passed by the Tehsildar and SDO.

High Court was of the view that just by the fact that in the marksheet, one of the subject of the respondent was Marathi did not show that he does not know Hindi language. The Court observed that criminal antecedents of the petitioner had not been taken note of by the appointing authority which was rightly considered by Board of Revenue. Therefore, the petition, being without merits, was dismissed. [Supa v. Deepa, WP-14219 of 2018, dated 02-11-2018]

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