Madhya Pradesh Court March 2002 Judgments
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Rajendrasingh @ Sonu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-07-2002
Reported in: 2002(5)MPHT74; 2002(3)MPLJ315
ORDERS.L. Kochar, J.1. This revision is filed against the order dated 1st February, 2002 passed by III ASJ, Mhow in S.T. No. 594/96 rejecting the application of the applicant filed under .Section 24 of the Juvenile Justice Act (Old Act).2. Contention of the Counsel for the applicant is that on the basis of the school certificate, date of birth of the applicant is 9-9-1982 whereas the date of incident is 9-7-1996. Hence on the alleged date of the incident, he was 16 years of age and for this purpose he has filed High School Certificate as well as other mark-lists, but the Trial Court has rejected the application on the ground that he has filed the application at belated stage.3. Mr. Girish Desai, Dy. Advocate General appearing for the State submits that on the basis of legal position as pronounced in the judgment reported in Bhola Bhagat v. State of Bihar, AIR 1998 SC 236, that once the application is filed on behalf of the accused/applicant about his age, the trial Court is bound to en...
Munnalal Arya Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-06-2002
Reported in: 2002(3)MPHT118; 2002(3)MPLJ193
ORDERArun Mishra, J.1. The petitioner is challenging the constitution of the President-in-Council of Municipal Council, Tikamgarh. The President-in-Council was re-constituted on 24-10-2000. Out of the councillors, seven members were taken in President-in-Council as reflected in the notification (Annexure P-5). One person was taken from the Scheduled Castes, one from Other Backward Classes. Two women were included as Members. The constitution of the President-in-Council is governed by M.P. Municipalities (The Conduct of Business of the President-in-Council and the Power and Function of the Authorities) Rules, 1998. Rule 4 provides for constitution of President-in-Council which is quoted below:--'Rule 4. Constitution of President-in-Council.-- (1) In every Municipal Council and every Nagar Panchayat, the President-in-Council shall consist of President and seven members in case of Municipal Council and President and five members in case of Nagar Panchayat.(2) All the seven members in the ...
Radhika Prakashan P. Ltd. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Mar-06-2002
Reported in: [2002]256ITR265(MP); 2002(3)MPLJ317
Arun Mishra, J.1. The petitioner is seeking the issue of writ to the respondents to accept the declaration under 89 of the Finance (No. 2) Act of 1998 for the assessment year 1990-91 which was filed on January 28, 1999, under the 'Kar Vivad Samadhan Scheme'.2. The petitioner is a company engaged in publication of a newspaper 'Swadesh'. The petitioner filed the return of income on December 31, 1990, declaring loss of Rs. 1,09,240. The Assessing Officer completed the assessment under Section 143(3) of the Income-tax Act, 1961, on March 31, 1993, on a total income of Rs. 2,78,760. The Assessing Officer made a total addition of Rs. 3,88,000 to the disclosed income. Aggrieved by the order of the Assessing Officer, an appeal was preferred before the Commissioner of Income-tax (Appeals), Bhopal. The Commissioner of Income-tax (Appeals), Bhopal, confirmed the various additions made by the Assessing Officer. Aggrieved by the order of the Commissioner of Income-tax (Appeals), Bhopal, the petitio...
Shri Radhika Prakashan Pvt. Ltd. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Mar-06-2002
Reported in: 2002(4)MPHT47
ORDERArun Mishra, J. 1. Petitioner is seeking the issue of writ to the respondents to accept the declaration under Section 89 of the Finance Act No. 2 of 1998 for assessment year 1990-91 which was filed on 28-1-99 under 'Kar Vivad Samadhan Scheme'.2. The petitioner is a company engaged in publication of newspaper 'Swadesh'. Petitioner filed the return of income on 31st December, 1990 declaring loss of Rs. 1,09,240/-. The Assessing Officer completed assessment under Section 143(3) of Income Tax Act on 31st March, 1993 on a total income of Rs. 2,78,760/-. The Assessing Officer made total addition of Rs, 3,88,000/-to the disclosed income. Aggrieved by the order of the Assessing Officer, an appeal was preferred before the Commissioner of Income Tax (Appeal), Bhopal. The Commissioner of Income Tax (Appeal), Bhopal confirmed the various additions made by the Assessing Officer. Aggrieved by the order of Commissioner of Income Tax (Appeal), Bhopal, petitioner filed an appeal to the Income Tax ...
Union of India (Uoi) and ors. Vs. Shri Vilas Ramesh Chand Tarhate and ...
Court: Madhya Pradesh
Decided on: Mar-06-2002
Reported in: 2002(3)MPHT474; 2002(3)MPLJ475
ORDER1. Invoking the extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India, the petitioners, namely, the Union of India and the functionaries of the Railway Administration, have called in question the sustainabilily of the order dated 17-10-2001 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (in short 'the Tribunal') in Original Application No. 508/2001.2. The facts as perceivable from the order passed by the Tribunal and the petition presented before this Court are that the respondent No. 1, Vilas Ramesh Chand Tarhate instituted Original Application No. 508/2001 under Section 19 of the Administrative Tribunals Act, 1985, before the Tribunal questioning the soundness of order dated 19-7-2001 whereby he had been transferred from Jabalpur to Mumbai. It was putforth before the Tribunal that the applicant therein was working as Chief Law Assistant and was posted at Jabalpur with effect from 11-5-2000. Earlier he had been transferr...
State of M.P. and anr. Vs. R.K. Rai and anr.
Court: Madhya Pradesh
Decided on: Mar-06-2002
Reported in: 2002(5)MPHT573; 2002(2)MPLJ569
ORDERBhawani Singh, C.J.1. The respondent-R.K. Rai was appointed as Additional Treasury Accountant in District Treasury, Jabalpur, by order dated 13-4-1973. While he worked in the Stamps Section from 19-4-1973 to 11-7-1973, misappropriation of Rs. 80,961.50 paise was detected. Consequently, he was charged for the lapse followed by appointment of the Enquiry Officer. Ultimately, the Disciplinary Authority, by order dated 24-7-1986, ordered reversion of the respondent to the post of Assistant with immediate effect for two years, the respondent having been found guilty of the lapse along with the Treasury Officer for loss of Rs. 80,961.50 paise.2. The respondent challenged the order of the Disciplinary Authority before the Appellate Authority, which did not pass any order though the Disciplinary Authority - Director of Treasury & Accounts, modified the order of reversion dated 24-7-1986, inflicting punishment of withholding of four annual increments with cumulative effect from 24-7-1986, ...
Shri Radhika Prakashan (P) Ltd. Vs. Union of India Through Chairman, C ...
Court: Madhya Pradesh
Decided on: Mar-06-2002
Reported in: (2002)174CTR(MP)498
ORDERArun Mishra, J.Petitioner is seeking the issue of writ to the respondents to accept the declaration under section 89 of the Finance Act No. 2 of 1998 for assessment year 1990-91 which was filed on 28-1-1999, under 'Kar Vivad Samadhan Scheme'.2. The petitioner is a company engaged in publication of newspaper 'Swadesh'. Petitioner filed the return of income on 31-12-1990, declaring loss of Rs. 1,09,240. The assessing officer completed assessment under section 143(3) of Income Tax Act on 31-3-1993, on a total income of Rs. 2,78,760. The assessing officer made total addition of Rs. 3,88,000 to the disclosed income. Aggrieved by the order of the assessing officer, an appeal was preferred before the Commissioner (Appeals) Bhopal. The Commissioner (Appeals), Bhopal confirmed the various additions made by the assessing officer. Aggrieved by the order of Commissioner (Appeals), Bhopal, petitioner filed an appeal to the Tribunal, Indore Bench, Indore registered as ITA No. 503/Ind/1994. The ...
Khadak Singh Vs. Hulkar Singh @ Chota Singh
Court: Madhya Pradesh
Decided on: Mar-05-2002
Reported in: 2002(2)MPHT500; 2002(2)MPLJ450
P.C. Agarwal, J. 1. This is a plaintiffs second appeal against the reversing judgment of District Judge, Seoni.2. Khadak Singh (appellant) has been Bhumiswami of Khasra No. 15/1, area 1.86 hectares of Village Imaliya (to be called as suit land). As per plaint, Khadak Singh (appellant) is an old and physically infirm person. He was in need of money hence he gave the suit land on Theka to Hulkar Singh (the respondent) for the years 1988-89 and 1989-90 on yearly premium of Rs. 4.000/-. It is claimed that Khadak Singh (the appellant) is illiterate person whose signatures were taken on some paper by Hulkar Singh (the respondent). It is claimed that despite Khadak Singh's demand Hulkar Singh (the respondent) did not return back possession of the suit land to him; hence Khadak Singh (the appellant) applied to the Naib-Tehsildar who dismissed the application, hence this civil suit for possession.3. Hulkar Singh (the respondent) claimed that in July 80 Khadak Singh (the appellant) had agreed to...
Smt. Mary G. Sunny Vs. Sunny George
Court: Madhya Pradesh
Decided on: Mar-05-2002
Reported in: 2002(3)MPHT121; 2002(3)MPLJ497
ORDER1. Smt. Mary G. Sunny (38) filed an application under Sections 10/22, Indian Divorce Act, 1869, alleging cruelly on the part of Sunny George (40). Marriage took place on November 27, 1989 at St. Mary's Orthodox Church, Edanad, Distt. Alleppey, Kerala, according to prevalent Christian Marriage rites and customs. Although the District Judge, Bhopal tried the matter, respondent did not appear to contest the application. Consequently, same has been allowed by order dated February 22, 2000. Decree for divorce has been passed. However, in terms of Section 17 of the Act, it is referred to this Court for confirmation.2. During the course of hearing, it was found that the Indian Divorce Act, 1869 (4 of 1869) has been amended by the Indian Divorce (Amendment) Act, 2001. Sub-section (2) of Section 1 of the amended Act provides for coming into force of Indian Divorce (Amendment) Act, 2001 on such date as the Central Government may, by notification in the Official Gazette, appoint. Notificatio...
Smt. Renu Vs. Hiralal @ Harish
Court: Madhya Pradesh
Decided on: Mar-05-2002
Reported in: 2002CriLJ2599; II(2002)DMC450; 2002(3)MPHT340; 2002(3)MPLJ320
ORDERS.L. Kochar, J. 1. This revision has been preferred against the order dated 6-11-2001 passed by IX Addl. Sessions Judge, Indore in Cr. Revision No. 498/2001 thereby setting aside the order of grant of interim maintenance passed in Misc. Cr. Case No. 39/2000 on 12-7-2001 by the Judicial Magistrate First Class, Indore Shri N.C. Godha. 2. Necessary facts for disposal of this revision are that the applicant/wife had filed an application under Section 125 of the Code of Criminal Procedure for grant of maintenance alleging that after the marriage, she was ill-treated for demand of dowry and the non-applicant/husband deserted her without any valid reason. The applicant/wife is compelled to live with her mother. She has no source of income to maintain her whereas the non-applicant/husband Heeralal is a businessman having a Kirana Store and is also doing the work of Commission Agent. She had demanded Rs. 3,000/- per month as maintenance and filed a separate application for interim maintena...
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