Court : Madhya Pradesh
Reported in : [2000]241ITR216(MP)
R.S. Garg, J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the action of the respondents in issuing the commission under Section 131(1)(d) of the Income-tax Act, 1961, to the Valuation Officer and to quash the notices dated March 5, 1998, and June 25, 1998, issued by the Valuation Officer and to direct the Assessing Officer-respondent No. 1 to accept the valuation report submitted by the petitioner while disclosing her income under the Voluntary Disclosure of Income Scheme, 1997.2. The brief facts necessary for disposal of the petition are that the petitioner, who is carrying on business of repairs of electrical fittings, etc., is assessed to income-tax by respondent No. 1. For the assessment year 1996-97, she filed a return showing an income of Rs. 43,950. According to her, she started raising a construction of the property in the financial year 1993-94 and completed it by 1995-96. According to the petitioner, she had invested an...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ951
ORDERD.M. Dharmadhkari, J. 1. The petitioner is an Army officer, holding presently the rank of Lt. Col. Under this petition under Article 226 of the Constitution of India, he challenges and seeks quashing of the impugned show cause notice, proposing his termination from service issued on 19-7-1989 (Annexure A 4), by Chief of Army Staff and conveyed by Director General, Discipline and Vigilance (for Adjutant General), in purported exercise of powers under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954 (hereinafter referred to as 'the Act' and 'the Rules').2. The learned counsel appearing for the petitioner has assailed the impugned show cause notice, on more than one grounds, but in our opinion the main question regarding competence of the Chief of the Army Staff, to take recourse to the procedure of termination of services under Rule 14 of the Rules, when the Court Martial of the petitioner for the alleged misconduct amounting to offence, was barred by limi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000CriLJ4899; 2000(1)MPHT241
ORDERR.S. Garg, J.1. By this petition under Section 439 read with Section 167(2) of the Code of Criminal Procedure the applicants who have been arrested by the Police Mandideep in connection with Crime No. 227/98 for committing offences punishable under Sections 467, 471, 478, 487 read with Section 109 I.P.C. and Sections 34, 36 and 39 of M.P. Excise Act have prayed for grant of bail.2. Undisputedly, the accused persons were arrested on 27-12-98 for transporting illicit liquor. The prosecution case is that the applicants in a tanker of Indian Oil Company which is generally used for carrying and transporting L.P.G. were transporting the liquor without any authority. The prosecution case is that the accused persons and others after forging certain documents used the same for transporting the liquor and as each of them was involved in commission of the crime, they were required to be arrested. Undisputedly, the accused persons were arrested on 27-12-98. It is also not in dispute before me...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990CriLJ1129
Y. B. Suryavanshi, J. 1. The judgment in Criminal Appeal No. 1079 of 1984 (Ghurriya (5) Rohini Baiswar and 2 Ors. v. State of M.P.) shall govern disposal of Misc. Cri. Case No. 1458 of 1985 (Chakradhar Singh v. Ghurriya @ Rohini Baiswar and 2 Ors.), as they arise out of common judgment, dated 15-10-1984 in S.T. No. 33/83. Ghurriya @ Rohini Baiswar and Rameshwar @ Lolwa have preferred this appeal against their convictions under Section 302/34 I.P.C. and Under Section 376 I.P.C. Each of them has been sentenced to undergo imprisonment for life and seven years R.I., respectively, with a direction that the sentences shall be concurrent. The third appellant Buddhsen has been convicted Under Section 201 I.P.C. and sentenced to undergo three years R.I. In Misc. Cri. Case No. 1458/85 the applicant Chakradhar Singh, Sub-Inspector, who has investigated this case, has prayed for expunging certain adverse remarks made in the above judgment.2 It is not in dispute that the appellant Rameshwar is son ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT394
ORDERS.P. Khare, J.1. This is a writ petition under Article 226 of the Constitution of India for quashing order dated 12-44989 (Annexure P-2) by which the services of the petitioner have been terminated.2. It is not in dispute that the petitioner was working as Lance Naik in the Army. His number was 7771580 X L/NK (MP). He was appointed on 7-7-1979. He was married to Smt. Subhadrabai in the year 1973. On 25-5-1987 a show-cause notice was issued to the petitioner. A copy of that show-cause notice is Annexure R-4. In this notice it was alleged that the petitioner has remarried Prabhabai. The petitioner submitted a reply dated 5-12-1988 (Annexure R-6). In this reply the petitioner has admitted that he has remarried on 21-7-1986. The petitioner was also prosecuted for the offence punishable under Section 494, IPC on a complaint filed by his first wife. The petitioner has been acquitted of the charge under Section 494, IPC by judgment dated 26-5-2001 of the Judicial Magistrate First Class, ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(4)MPHT482
A.K. Shrivastava, J.1. This appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 against his judgment of conviction and order of sentence dated 14-11-1990 passed by the 1st Additional Sessions Judge, Shahdol in Sessions Trial No. 27 of 1989 convicting the appellant under Section 332, IPC and sentencing him to suffer rigorous imprisonment of six months and fine of Rs. 1,000/-, in default of payment of fine amount further rigorous imprisonment of two months.2. In brief the case of the prosecution is that on 28-3-1988 at 13.30 hours when complainant N.L. Shivhare (P.W. 1), Executive Engineer of P.W.D. was discharging his official duty at that juncture accused/appellant Rakesh Tiwari arrived in his office and showered filthy abuses of mother and sister as he (appellant) was transferred and a departmental enquiry was set up against him. Thereafter he uplifted a wooden rack and gave its blow on the person of the complainant, though he tried ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP166
Vijayvargiya, J.1. This petition under Article 226 of the Constitution arises out of the following facts :Petitioner 1 owns a loading vehicle (Matador) bearing Registration No. CPF 9973 and carries on the business of carrier by hiring out the said vehicle. On 29-11-1982 the said vehicle was in charge of petitioner 2 who is the brother of petitioner 1 and was given on hire to one Shri Chiranjilal. The vehicle was checked by the officers of the Forest Department at Indore Checking Post. 86 logs of sagwan wood, which is a specified forest produce under the M. P. Van Upaj (Vyapar Viniyaman): Adhiniyam, 1969 (hereinafter referred to as the State Act were found in the said vehicle, and were seized. The vehicle was also seized by the Checking Party, On 17-12-1982 the Divisional Forest Officer, Dhar respondent 1, passed an Order (Annexure 'A') determining Rs. 30,000/- as the value of the vehicle and further directing that if the said amount was not paid within 90 days, the vehicle will be trea...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)IILLJ416MP
ORDERT.N. Singh.J1. Dedicated to the hallowed memory of the legendary heroine of the First War of Independence, Maharani Laxmibai, is the National College of Physical Education at Gwalior, popularly called LNCPE. Established by the Union Ministry of Education and Culture., its management currently vests in the Sports Authority of India, successor to the erswthile Society for the National Institute of Physical Education and Sports, shortly, SNIPES.2. From what has come on record, it is established that the petitioner was working as Resident Audit Officer at the Bhilai Steel Plant in the year 1985 when he appeared at an interview held on 14th April 1985 for the post of Administrative Officer at LNCPE, Gwalior. From Annexure R/1 it is disclosed that he was selected and was offered appointment in the said post, said to be a 'permanent post', on the following, among other, terms and conditions:'4. You will be on probation for a period of two years from the date of your joining and during wh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ163
ORDERShacheendra Dwivedi, J.1. This revision petition has been preferred by the complainant-injured persons against the accused persons-non-petitioners, being aggrieved by the order of not framing charge against the non-petitioners for offence under Section 307, Indian Penal Code. The order that has been challenged by the complainant-petitioners is of framing of charges against the non-petitioners by the 3rd Addl. Sessions Judge, Vidhsha, under Sections 323/149, 324/149 and 326/149, Indian Penal Code.2. Briefly stated the facts leading to filing of this revision petition are that an incident of marpit took place in village Bhatoli, District Vidisha over at dispute of an agricultural land. On the date of the incident, the Revenue Inspector and a patwari had gone to the village for spot inspection and for verification of possession on the land. For that purpose, when a notice was being given to the non-petitioner Hariram and Jaswantsingh, they refused to sign the notice and all the accus...
Tag this Judgment!Court : Madhya Pradesh
K.K. Trivedi, J. 1. This judgment will also govern the disposal of Writ Petition No.16805/2013, Writ Petition No.21669/2013, Writ Petition No.21953/2013, Writ Petition No.220/2014, Writ Petition No.1571/2014, Writ Petition No.1998/2014, Writ Petition No.2066/2014, Writ Petition No.2067/2014, Writ Petition No.2068/2014, Writ Petition No.2070/2014, Writ Petition No.2071/2014, Writ Petition No.2072/2014, Writ Petition No.3262/2014, Writ Petition No.5984/2014 and Writ Petition No.19985/2013. As the common question is involved including the interpretation of Sub-clause (5) of Regulation 8 of National Council for Teacher Education Regulations, 2009 (hereinafter referred to as the NCTC Regulation 2009 for brevity), for the convenience facts are taken from this petition only. 2. The present petition under Article 226 of the Constitution of India is directed seeking the following reliefs :- (a) This Hon ble Court be pleased to issue appropriate writ/order/direction including a writ of certiorar...
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