STATE OF M.P. Vs. ANSHUMAN SHUKLA
LAWS(SC)-2014-8-30
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on
August 06,2014
STATE OF M.P.
Appellant
VERSUS
ANSHUMAN SHUKLA
Respondents
Referred Judgements :-
NAGAR PALIKA PARISHAD,MORENA V. AGRAWAL CONSTRUCTION CO [REFERRED TO]HUKUMDEV NARAIN YADAV VS. LALIT NARAIN MISHRA [REFERRED TO]
MUKRI GOPALAN VS. CHEPPILAT PUTHANPURAYIL ABOOBACKER [REFERRED TO]
UNION OF INDIA VS. POPULAR CONTRUCTION CO [REFERRED TO]
NASIRUDDIN VS. SITA RAM AGARWAL [REFERRED TO]
Cited Judgements :-
KAPIL AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(MPH)-2017-5-45] [REFERRED TO]D UMARANI W/O MALLIKARJUNA RAO VS. DISTRICT COLLECTOR, KARIMNAGAR [LAWS(APH)-2015-5-11] [REFERRED TO]
STATE OF TAMIL NADU AND OTHERS VS. M/S. RAJAM ENGINEERING CONTRACTORS BY ITS PARTNER K. JEEVA AND OTHERS [LAWS(MAD)-2018-4-1484] [REFERRED TO]
STATE OF TAMIL NADU AND OTHERS VS. ANNANMAR CONSTRUCTION REP. BY ITS PARTNER A. THIRUGNANAM AND OTHERS [LAWS(MAD)-2018-4-1567] [REFERRED TO]
M/S PATEL BROTHERS VS. STATE OF ASSAM AND ORS. [LAWS(SC)-2017-1-19] [REFERRED TO]
DECD NARAYANDAS VS. GOPALDAS [LAWS(MPH)-2015-9-172] [REFERRED TO]
UNION OF INDIA VS. GUJARAT STATE ELECTRICITY CORPORATION LIMITED [LAWS(GJH)-2016-10-13] [REFERRED TO]
ADDITIONAL COMMISSIONER OF SALES TAX VAT-III VS. JONSON AND JONSON LTD. AND ORS. [LAWS(BOM)-2014-11-158] [REFERRED TO]
STATE OF HIMACHAL PRADESH AND OTHERS VS. TRITRONICS INDIA PRIVATE LTD [LAWS(HPH)-2018-6-44] [REFERRED TO]
DECD.NARAYANDAS VS. GOPALDAS [LAWS(MPH)-2015-8-161] [REFERRED TO]
ANJALI JAISWAL VS. CHIEF ELECTION AND RETURNING OFFICER [LAWS(MPH)-2023-8-146] [REFERRED TO]
STATE OF MADHYA PRADESH VS. M/S VIGYASHREE INFRASTRUCTURE LTD. [LAWS(MPH)-2018-10-55] [REFERRED TO]
TELECOMMUNICATIONS CONSULTANTS INDIA LTD VS. MADHYA PRADESH RURAL ROAD DEVELOPMENT AUTHORITY AND ANOTHER [LAWS(MPH)-2018-10-1] [REFERRED TO]
GANESAN REP BY ITS POWER AGENT G. RUKMANI GANESAN VS. THE COMMISSIONER, THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD [LAWS(SC)-2019-5-12] [REFERRED TO]
SYED ZALIL AKHTAR VS. ZILA SAHKARI KRISHI AVAM GRAMIN VIKAS BANK [LAWS(SC)-2016-1-140] [REFERRED TO]
SUPERINTENDING ENGINEER VS. EXCISE AND TAXATION OFFICER [LAWS(SC)-2019-10-92] [REFERRED TO]
GOVERNMENT OF MAHARASHTRA VS. BORSE BROTHERS ENGINEERS & CONTRACTORS PVT. LTD [LAWS(BOM)-2020-12-254] [REFERRED TO]
KIRAN ENTERPRISE VS. STATE OF TRIPURA [LAWS(TRIP)-2020-12-27] [REFERRED TO]
JUDGEMENT
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(1.)Civil Appeal No.3498 of 2008 arises out of order dated 30.6.2005 in C.R.No.1330 of 2003 passed by the Division Bench of the Madhya Pradesh High Court at Jabalpur relying on the judgment and order dated 13.4.2005 passed by the Full Bench of the Madhya Pradesh High Court in C.R.No.633 of 2003 etc. The connected Civil Appeal No.1145 of 2009 arises out of judgment and order dated 4.7.2006 passed by the Division Bench of the Madhya Pradesh High Court at Jabalpur in C.R.No.1 of 2006.
(2.)Civil Appeal No.3498 of 2008 was heard by a Division Bench of this Court, wherein by way of judgment dated 12.05.2008, it was opined that the case of Nagar Palika Parishad, Morena v. Agrawal Construction Company,2004 2 MPJR 55 was not correctly decided and, thus, the matter required consideration by a larger bench. It was further opined that the record of the case be placed before the Hon'ble the Chief Justice of India for constituting an appropriate Bench. That is how this matter has come up for consideration before us.
(3.)As both the appeals are identical, for the sake of convenience, we would refer to the necessary facts of C.A.No.3498 of 2008 which are stated hereunder: The respondent filed a petition under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as "the Act of 1983") raising certain claims about the works contract executed between the parties. The petition was partly allowed by the Madhya Pradesh Arbitration Tribunal vide its award dated 18.6.2003. An amount of Rs.6,05,624/- with interest @12% per annum was awarded from 24.04.1998 till the date of realisation.
(2.)Civil Appeal No.3498 of 2008 was heard by a Division Bench of this Court, wherein by way of judgment dated 12.05.2008, it was opined that the case of Nagar Palika Parishad, Morena v. Agrawal Construction Company,2004 2 MPJR 55 was not correctly decided and, thus, the matter required consideration by a larger bench. It was further opined that the record of the case be placed before the Hon'ble the Chief Justice of India for constituting an appropriate Bench. That is how this matter has come up for consideration before us.
(3.)As both the appeals are identical, for the sake of convenience, we would refer to the necessary facts of C.A.No.3498 of 2008 which are stated hereunder: The respondent filed a petition under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as "the Act of 1983") raising certain claims about the works contract executed between the parties. The petition was partly allowed by the Madhya Pradesh Arbitration Tribunal vide its award dated 18.6.2003. An amount of Rs.6,05,624/- with interest @12% per annum was awarded from 24.04.1998 till the date of realisation.
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