Madhya Pradesh Court November 2009 Judgments
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All India Punjab National Bank Officers' Association and Ors. Vs. Chai ...
Court: Madhya Pradesh
Decided on: Nov-30-2009
Reported in: (2010)229CTR(MP)257
ORDERDipak Misra, J.1. Regard being had to the similarity of the controversy involved in this batch of writ petitions, they were heard analogously and are disposed of by a singular order. For the sake of clarity and convenience, the facts in Writ Petn. No. 3222 of 2008 are exposited herein.2. The petitioner, All India Punjab National Bank Officers' Association, is grieved by the deduction of tax at source by the authorities of the bank, the respondent Nos. 1 to 3 in respect of interest-free loan given to the members of the officers' association. The respondent Nos. 1 to 3 have issued a circular for taxing the said loans as the rate of interest being charged from the members of the association is less than the lending rate of the SBI. It is contended that Rule 3 of the IT Rules, 1962 (for short 'the 1962 Rules') has been amended by Notification No. 271 of 2007, dt. 7th Nov., 2007 and is made applicable for the asst. yr. 2008-09 that is, the financial year 1st April, 2007 to 31st March, ...
Banli Alias Santosh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-26-2009
Reported in: 2010(1)MPHT309
ORDERPiyush Mathur, J.1. This criminal revision has been preferred on being aggrieved by the order passed on dated 11-8-2009 by the Sessions Judge, Gwalior, in Sessions Trial No. 206/09, whereby an application filed for determination of the age of accused Banti alias Santosh, s/o Malkhan Singh Parihar, for declaring him to be a Juvenile has been rejected.2. The prosecution has submitted a charge-sheet/challan against the petitioner/accused Banti alias Santosh under Section 302/34 of the Indian Penal Code read with Section 25/27 of the Arms Act as petitioner-Banti and co-accused Soni had caused injuries to one Uma on dated 25-7-2009 who died due to gun shot injuries.3. The petitioner has submitted an application on dated 14-7-2009 before the Sessions Court, during the pendency of the Sessions Trial that his age is less than 18 years and as such, he should be tried by the Juvenile Court/Juvenile Board in terms of the provisions of the Juvenile Justice (Care & Protection of Children) Act,...
Ramniwas Sharma Vs. Jasoda Bai (Smt.) and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2009
Reported in: 2010(1)MPHT124
ORDERAbhay M. Naik, J.1. This revision is directed against judgment and decree dated 4th December, 08, passed by the Court of Additional Judge to the Court of First Additional District Judge, Gwalior in Civil Suit No. 29-A/08, filed under Section 6 of the Specific Relief Act, 1963.2. Plaintiffs instituted a suit, mainly, with the allegations that the suit house situated at Narayani Bai Ki Ganji, Shinde Ki Chhawni, Bijali Ghar, Lashkar Gwalior bearing Municipal Number 1174 Ward No. 32 (old number 1046 Ward No. 32 and earlier number 943 Ward No. 23) was owned and possessed by the plaintiffs which was entered into the municipal record in the name of Sunderpal, husband of the plaintiff No. 1 and father of plaintiff Nos. 2 to 6. Plaintiffs used to reside in the suit house. However, due to the absence of facility of water and electricity and further due to its dilapidated condition, plaintiffs kept there old domestic material inside and put a lock over it and shifted to their another house i...
Jugaroo Alias Virendra Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2009
Reported in: 2010(1)MPHT331
ORDERA.K. Shrivastava, J.1. By filing this petition under Articles 226 and 227 of the Constitution of India the detenu petitioner has challenged the pregnability of the order passed by the District Magistrate, Gwalior (respondent No. 2) taking the petitioner in detention under Section 3(2) of the National Security Act, 1980 (in short 'the Act').2. Vide order dated 23rd April, 2009 (Annexure P-1) passed in Case No. NSA/07/2009 by exercising powers conferred to the District Magistrate under Section 3 (2) of the Act, the petitioner has been detained because his liberty is prejudicial to the maintenance of public order.3. The Superintendent of Police (respondent No. 3) vide its letter dated 31-3-2009 (Annexure R-1) submitted and informed the District Magistrate that looking to the criminal and antisocial activities of the petitioner resulting into disruption of tempo of life of public at large, it is recommended to proceed against him under the provisions of the Act. In the said letter, no...
Dr. Kirti Saxena (Smt.) Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2009
Reported in: 2010(1)MPHT349
ORDERS.C. Sharma, J.1. The petitioner before this Court a retired Government servant has filed this present petition for issuance of appropriate writ, order or direction directing the respondents to finalize her terminal dues. The petitioner is also aggrieved by the recovery initiated by the respondents against her.2. The contention of the petitioner is that she was appointed as a Lecturer on 27-10-1965 and the post of Lecturer was later on redesignated as Assistant Professor. It has been further stated that she was promoted as Professor in the year 1985 and later on in the year 2003 she was promoted as Principal of Degree College. The petitioner has further stated that prior to her retirement she has also worked as Assistant Director, Education. The petitioner on completion of 62 years of age has attained the age of superannuation on 30th April, 2007. The petitioner's further contention is that she was awarded a Ph.D. degree on 31-7-1998 and two advance increments were sanctioned vide...
Prabhudayal Goyanka Vs. Dr. Ravish Chandra Pandey and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2009
Reported in: 2010(1)MPHT377
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 5-10-2007 passed by Rent Controlling Authority, Ujjain (which shall be referred as 'RCA') in Case No. 15-A/90 (7-A)/95-96 whereby an order of eviction was passed against the petitioner, the present petition has been filed.2. Short facts of the case arc that predecessor-in-title of the respondent/Dr. Ravish Chandra Pandey filed a petition for eviction under Section 23 (A) of M.P. Accommodation Control Act (which shall be referred hereinafter as 'Act') on 29-3-1990 alleging that the deceased/respondent is the owner of the house bearing house No. 108, Nazar Ali Marg, Phutta Darwaja, in front of Singh Bhawani Mandir, Ujjain. It was alleged that in the said accommodation petitioner is residing as tenant @ Rs. 50/- per month. It was alleged that deceased is a retired Government employee and is landlord of the category defined under Section 23-J of the Act. It was alleged that the suit accommodation which is residential is required by th...
Randhir Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-23-2009
Reported in: 2010(1)MPHT267
Rajendra Menon, J.1. Challenging his conviction under Sections 376 and 450 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for 7 years and fine of Rs. 1000/-, in default Rigorous Imprisonment for 6 months, and Rigorous Imprisonment for 5 years and fine of Rs. 500/-, in default Rigorous Imprisonment for 3 months, this appeal has been filed by the appellant under Section 374 (2) of the Code of Criminal Procedure.2. It is the case of the prosecution that on 27-11-1993, prosecutrix (P.W. 3) was sleeping in her house alongwith her children. At about 1.30 in the night intervening 27/28-11-1993, appellant entered the house forcibly, took away the prosecutrix to a place near the well, about 10-15 steps away from her house, committed rape on her and ran away. Prosecutrix is alleged to have informed her landlord and neighbour Ram Daroga (P.W. 4), thereafter she went to the Police Station and lodged a report on the next day, in the morning itself. On the basis of the ...
Rajendra Verma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-18-2009
Reported in: 2010(1)MPHT364
ORDERPiyush Mathur, J.1. This is an application under Section 439 of Cr.PC made in connection with Crime No. 278/09 registered by Police Station Cant, District Guna. Under Sections 392, 395, 120-B of IPC read with Sections 25 and 27, Arms Act.2. The Prosecution/Investigating Agency has registered Crime No. 278/09 under Sections 392, 395, 120-B of IPC read with Sections 25 and 27 of the Arms Act against the present applicant in relation to an incident of Dacoity committed, on date 13-7-09 in the evening hours at about 9:15 p.m. at Village Jodia, in a Bus carrying passenger from Ashok Nagar to Guna.3. A prompt report of the incident was lodged by one Jameel Khan, Driver of the Bus on date 13-7-09 at 22:00 hrs. with the Police Station by complaining that four unknown persons were travelling in the Bus and out of those four persons two persons who were sitting on the Bonut of the Bus took out a Country Made Pistol and place on the Temporal Region (Head) of the Driver and rest of the person...
Tehmina Qureshi Vs. Shazia Qureshi
Court: Madhya Pradesh
Decided on: Nov-13-2009
Reported in: 2010(1)MPHT133
ORDERIndrani Datta, J.1. This petition has been preferred by the petitioner invoking extraordinary jurisdiction of this Court conferred under Section 482 of Code of Criminal Procedure for setting aside order dated 31-3-2009 passed by JMFC Gwalior and for quashing the proceedings of Cr. Case No. 2694 of 2009, pending against the petitioner in the Court of Judicial Magistrate, Gwalior.2. Facts in nutshell giving rise to this petition are that respondent has filed one application under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in brevity 'the Act of 2005') against petitioner and others in the Court of JMFC, Gwalior. Learned JMFC, after registering the application, issued notice to the petitioner and others. Hence, this petition challenging that order of registering the application and issuing notice to the petitioner is filed on the following grounds:(I) that, as provided by Section 2(q) of the Act, such application under Section 12 of the Act cannot be filed aga...
Chandra Shekhar Sahu Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-13-2009
Reported in: 2010(1)MPHT273
ORDERA.K. Patnaik, C.J.1. The petitioner is a member of a Co-operative Society known as 'Cherital Sahkari Upbhokta Bhandar, Damoh Naka, Jabalpur' and has filed this writ petition praying inter alia for direction to remove the respondent No. 5 from the post of Chairman of the District Central Co-operative Bank Limited, Jabalpur (respondent No. 4).2. The facts relevant for disposal of this writ petition are that the respondent No. 2, Registrar Co-operative Societies, issued an election programme of the District Central Co-operative Banks in the State of Madhya Pradesh. For the elections of the District Central Co-operative Bank Ltd., Jabalpur, a list of members was issued on 10-9-2007. In the list of members, Nunsar Vrihattakar Seva Sahkari Samiti Maryadit was shown to be a member. The case of the petitioner is that Nunsar Vrihattakar Seva Sahkari Samiti Maryadit has not paid its dues to the District Central Co-operative Bank Ltd., for more than twelve months and was, therefore, a defaul...
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