Madhya Pradesh Court June 2009 Judgments
Sahibram Dhingra (Died) Through L.R. Narendra Dhingra Vs. Shivshankar ...
Court: Madhya Pradesh
Decided on: Jun-30-2009
Reported in: 2009(4)MPHT148
Abhay M. Naik, J.1. This appeal has been preferred by the defendant/tenant against a decree for eviction granted by the Courts below in concurrent manner under Section 12(1)(c) of the M.P. Accommodation Control Act, 1961.2. Plaintiff/respondent instituted a suit in the capacity of power of attorney holder of Bhagwan Das Goyal for eviction and recovery of arrears of rent with allegations that the suit house situated at A-B Road, Kamlaganj, Hanuman Colony, Shivpuri is owned by the principal (Le., Bhagwan Das Goyal) which was occupied by the defendant/appellant for residential purpose on rent @ Rs. 250/- p.m. Appellant lastly paid the rent on 6-5-2004 and obtained receipt therefor, wherein he acknowledged balance of Rs. 4,000/- towards arrears of rent. Son of the defendant/appellant, contrary to the purpose of tenancy converted one room of tenanted premises for non-residential purpose and opened a STD/PCO Centre with Registration No. 07492-503031 07492-503031 . The STD/PCO dealership was ...
Tag this Judgment!Aman Trading Company, Vs. Vyavisayik Evam Audhyogik Sahakari Bank and ...
Court: Madhya Pradesh
Decided on: Jun-30-2009
Reported in: 2009(4)MPHT472
ORDERS.C. Sharma, J. 1. Regard being had to the similitude of the controversy involved in this batch of writ petition they were heard analogously together and disposed of by this singular order. For the sake of convenience the facts in Writ Petition No. 408/2009 are exposited herein.2. The petitioner before this Court has filed this present writ petition being aggrieved by the action of the respondent-Bank in issuing notice under Section 13(2) under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The contention of the petitioner is that the petitioner-Company has availed financial assistance from the respondent-Bank and as the account became irregular a notice was issued on 2-9-2008 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 directing him to discharge his full liability by depositing Rs. 10,14,811/-. The petitioner has further stat...
Tag this Judgment!idris Beg and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jun-30-2009
Reported in: 2010(1)MPHT304
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 18-12-1998 passed by the learned Additional Sessions Judge, Sironj, District Vidisha, in Sessions Trial No. 15/93 convicting the appellants under Sections 147, 302/149 and 323/149, IPC and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment, this appeal has been filed by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973.2. In brief the case of the prosecution is that on 25-9-1992 at 11.30 a.m. in the field of Babu Khan, all the accused persons including the appellants carrying lathis in their hands dealt lathis blows on the persons of Rafique (hereinafter referred to as 'the deceased'), complainant Rajamiyan. Raja Khan and Sharif Khan. It is said that Shabbir Khan gave his field on batiya to Raja Khan. However, appellants Idris and his family members were not permitting said Raja Khan to cultivate the land and were saying to them...
Tag this Judgment!Nagar Panchayat Vs. Shanti Bai and ors.
Court: Madhya Pradesh
Decided on: Jun-30-2009
Reported in: 2010(1)MPHT356
Abhay M. Naik, J.1. Short facts giving rise to this appeal are that the plaintiff/appellant instituted a suit for declaration and perpetual injunction with allegations that the land comprised in Survey No. 903 in area 0.073 hectare and Survey No. 904 in area 0.721 hectare, situated in Village Aron belonged to the State of Madhya Pradesh. It was granted to Gram Panchayat Aron in the year 1965 for plantation. Gram Panchayat occupied the said land by performing plantation. Adjacent to it, other land comprised in Survey No. 905, 906, 907 and 909 is situated which belongs to defendant/respondent Nos. 1 to 5. On formation of Nagar Palika Aron and thereafter of Nagar Panchayat, Aron, land belonging to Gram Panchayat, Aron stood vested in the plaintiff. It is further alleged that a change was made in the field map by the Revenue Inspector, Aron on 3-12-1994 on account of order dated 11-11-1994 passed by Additional Collector in Case No. 20-A/74-73:74 and of Tehsildar Aron dated 1-12-1994 bearin...
Tag this Judgment!Samandar Singh S/O Badrilal Dhakad Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-26-2009
Reported in: 2009CriLJ3708
A.K. Shrivastava, J.1. This judgment shall also govern the disposal of Criminal Death Reference No. 1/2008 (State of M.P. v. Samander Singh), referred to this Court by learned trial Judge under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence passed against the appellant.2. Feeling aggrieved by the judgment of conviction and order of sentence dated 22-11-2008 passed by the learned First Additional Sessions Judge, Guna in Sessions Trial No. 122/06, convicting the appellant under Sections 376(2)(f) and 302 of IPC and thereby sentencing him to suffer Life Imprisonment and fine of Rs. 10,000/- and in default of payment of fine to suffer further R.I. of two years and to suffer death sentence and fine of Rs. 10,000/- respectively, this appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973.3. In brief, the case of the prosecution is that the deceased was the daughter of Meharban Singh and Shantibai. On 7-2-2006, the decea...
Tag this Judgment!Board of Secondary Education Vs. Rakesh Kewat and anr.
Court: Madhya Pradesh
Decided on: Jun-26-2009
Reported in: 2009(5)MPHT178
ORDERDipak Misra, J.1. In this appeal preferred under Section 2 or the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 defensibility of the order dated 23-3-2009 passed by the learned Single Judge in W.P. No. 12969/08 is called in question.2. The facts which are requisite to be exposited are that the writ petitioner, the respondent No. 1 herein, invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ of mandamus to the Board of Secondary Education, Bhopal (for short 'the Board') to declare his result of Class XII Examination which he had undertaken in March, 2008. In consequential relief it was prayed that on declaration of such result if it is found that the petitioner was entitled to appear in the supplementary examination to give a direction to revaluate the answer scripts or to permit him to appear in the supplementary examination and to issue a further direction for taking provisional admi...
Tag this Judgment!Sheikh Aashif Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-25-2009
Reported in: 2010CriLJ140
S.L. Kochar, J.1. The appellant has preferred this appeal under Section 374(2) of the Cr.P.C. against the impugned judgment and order passed by learned Additional Sessions Judge, Burhanpur in S.T. No. 234/2007 judgment dated 11-8-2008 whereby convicted the appellant under Section 307 and 332 of I.P.C. and sentenced to undergo R.I. for 7 years 3 and fine of Rs. 2,000/- in default whereof to undergo R.I. for 1 year 6 months and R.I. for 3 years and fine of Rs. 1,000/- in default whereof to undergo R.I. for six months respectively.2. In nut shell, the prosecution case as I placed before the trial Court is that on 1-9-3 2007 appellant was convicted under Section 25(1)(B)(b) of the Arms Act in Criminal Case No. 3556/06 by learned Judicial Magistrate, First Class, Burhanpur and sentenced to R.T. for 2 years with fine of Rs. 500/-. At the time of pronouncement of judgment complainant (PW 1) Shiv Kumar Yadav was reader and witnesses Saeed, Deposition writer, Rukmani Shah Execution clerk, Rajen...
Tag this Judgment!Rambhajan and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-23-2009
Reported in: 2009CriLJ4745
R.C. Mishra, J.1. In this appeal, the judgment-dated 17-1-1995 passed by Sessions Judge, Jabalpur in S. T. No. 465/89 is the subject matter of challenge. By virtue of the judgment, the appellants, who are respectively father-in-law, brother-in-law, mother-in-law and sister-in-law of Shashiprabha (since deceased), stand convicted and sentenced as under with the direction that the sentences shall run concurrently:--------------------------------------------------------------------------No. & name of Convicted under Sentenced tothe appellant Section--------------------------------------------------------------------------1. Rambhajan 306 of the I.P.C. undergo R.I. for 5 years.---------------------------------------------------2. Premnarain 498A of the I.P.C. undergo R.I. for 6 months.--------------------------------------------------------------------------3. Smt. Kamlabai 306 of the I.P.C. undergo R.I. for 3 years.---------------------------------------------------4. Smt. Mamta 498A of t...
Tag this Judgment!Commissioner of Income-tax Vs. Dawoodi Bohra Jamat
Court: Madhya Pradesh
Decided on: Jun-22-2009
Reported in: [2009]317ITR342(MP); [2009]184TAXMAN222(MP)
Prakash Shrivastava, J.1. This order will govern the disposal of Income-tax Appeals Nos. 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 128, 129, 130, 140, 141, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 175 of 2008 and 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 of 2009.2. In this order, we have noted the facts from I. T. A. No. 86 of 2008 for convenience. It is not disputed by counsel appearing for the respective parties that all the appeals are on the same facts involving identical issue.3. This appeal has been filed by the Department under Section 260A of the Income-tax Act, 1961 ('the Act' hereafter), against the common order dated March 28, 2008, passed by the Income-tax Appellate Tribunal (ITAT) in I.T.A. No. 615/Ind/07-Dawoodi Bohra Jamat v. CIT [2009] 317 ITR (AT) 133 (Indore) and connected appea...
Tag this Judgment!K.D. Wires P. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jun-22-2009
Reported in: [2009]319ITR359(MP)
A.M. Sapre, J.1. This is an appeal filed by the assessee under Section 260A of the Income-tax Act, 1961 against an order dated April 11, 2001, passed by the Income-tax Appellate Tribunal, Indore Bench in I.T.A. No. 78/Ind/2000. This appeal was admitted for final hearing on the following substantial question of law:Whether the Income-tax Appellate Tribunal was justified in confirming the findings recorded by Commissioner of Income-tax (Appeals) without resorting to recording its own findings on each and every issue raised, projected and argued before the said Tribunal.2. Shri S.C. Bagadia, learned senior Counsel with Shri D.K. Chhabra, learned Counsel for the appellant (assessee) and Shri R.L. Jain, learned senior Counsel with Ku. Veena Mandlik, learned Counsel for the respondent (Revenue).3. In our opinion, the appeal also involves one additional substantial question of law and, hence, with the consent of learned Counsel for the parties and by taking recourse to the provisions of Secti...
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