Court : Madhya Pradesh
..... in m.a. no.01/2009 affirming and confirming the order dated 13.10.2008 passed by the rent controlling authority in case no.1- a/90(1)2007-08 rejecting the application filed by the appellant for increasing the rent.2. undisputedly, the respondents are the tenants of the appellant and are in occupation of a ..... clear that the landlord is permitted to lawfully increase the standard rent and recover other charges from the tenant. while sub section (1) of section 8 of the act, permits the landlord to lawfully increase the rent by 10% every year in case he has incurred expenditure on decoration, improvement, addition, alteration or repairs of the accommodation ..... locality and condition of the accommodation, amenities provided therein and the standard rent payable in respect of similar accommodations in the locality. section 10(5) of the act, provides that the standard rent fixed by the rent controlling authority would be for a tenancy of 12 months and the monthly rent in such cases would be .....
Tag this Judgment!Court : Madhya Pradesh
..... immediately after 6 pm, but it was lodged in the midnight. counsel for appellant placed reliance on a decision of apex court in ramdas and others vs. state of maharashtra (2007) 2 scc 17.wherein it has been held that though mere delay in lodging of the report may not be itself be fatal to the case of the prosecution, but ..... has also been said that slides were prepared, but no fsl report has been filed. counsel also submitted that trial court has placed reliance on section 114-a of evidence act and has legally presumed that there was no consent at all, but section 114-a applies to offence punishable under section 376(2) of ipc only and not offence ..... submitted that the prosecutrix was a consenting party. he submitted that as per prosecution story, the alleged intercourse was committed at about -5- 3 pm in the afternoon , and the act of the prosecutrix was that she was sleeping without locking the gate and she did not resist and make any alarm. no injuries were found on the body of the .....
Tag this Judgment!Court : Madhya Pradesh
..... the single bench of this court as well as the jharkhand high court. in case of dharambir (supra), hon'ble the apex court has mentioned the effect of amendment in the act in the appeals pending before various courts. it was mentioned in the judgment that the age of the accused be considered on the date on which the offence ..... 9. in the case of shah nawaz (supra), hon'ble the apex court has referred the procedure of computation of age as mentioned in the rule 12 of the rules, 2007. in that rule, exclusion of next procedure is given, if the document presented by the accused refers to the previous provision of - 8 - criminal revision no.1053 of ..... burhanpur, as per the provisions of section 7 (a) of the juvenile justice (care and protection of children) act, 2000 (hereinafter it will be referred to as 'the act') and rule 12 of the juvenile justice (care and protection of children) rules, 2007 (hereinafter it will be referred to as 'the rule') and after getting the enquiry done, it was directed .....
Tag this Judgment!Court : Madhya Pradesh
..... lies. if such disadvantages may be of equal strength, the relative strength of each party s case as shown from documents and affidavits may be assessed. if relevant competiting factors are equally balanced, prudence may lie in maintaining the status quo. these principles are to be generally observed in the grant of temporary injunctions, but there ..... as null and void on the ground that it was a collusive decree and, therefore, the appellants could not be non-suited by applying section 52 of the act, which specifically carves out an exception in respect of collusive decrees.13. the learned senior counsel for the appellants further stated that the appellants have enumerated several ..... that it is a collusive decree and has specifically taken a plea that they are not prohibited from doing so under section 52 of the transfer of property act, and that the aforesaid issue and other related issues have to be decided on merits after the written statement is filed, issues are framed and evidence is .....
Tag this Judgment!Court : Madhya Pradesh
..... also considered and i find that there is no merit in all the three applications and they deserve to be dismissed.22. application under order vi rule 17 cpc to amend the written-statement has been filed raising the question of jurisdiction. f.a. no.741/2009 (12) according to learned counsel for appellant since the plaintiff is a retired ..... rs.1250/- per month but according to defendant the same is rs.150/- per month. the learned trial court fixed the provisional rent @rs.500/- per month on 22.11.2007 and from this date within the time fixed by learned trial court, the defendant is regularly depositing the rent in the court and if that would be the position he ..... that instant suit has also been filed for eviction on the ground envisaged under section 12(1)(a) of the act and this ground can be adjudicated by the civil court only. hence, the application under order vi rule 17 cpc to amend the written-statement as well as application under order xli rule 27 cpc are hereby rejected. so far as .....
Tag this Judgment!Court : Madhya Pradesh
..... considered and i find that there is no merit in all the three applications and they deserve to be dismissed.22. application under order vi rule 17 cpc to amend the written-statement has been filed raising the question of jurisdiction. according to learned counsel for appellant since the plaintiff is a retired government employee therefore the only jurisdiction ..... 1000/- per month but according to defendant the same is rs.150/- per month. the learned trial court fixed the provisional rent @rs.500/- per month on 22.11.2007 and from this date within the time fixed by learned trial court, the defendant is regularly depositing the rent in the court and if that would be the position he ..... instant suit has also been filed for eviction on the ground envisaged under section 12(1)(a) of the act and this ground can be adjudicated by the civil court only. hence, the application under order vi rule 17 cpc to amend the written-statement as well as f.a. no.740/2009 (13) application under order xli rule 27 .....
Tag this Judgment!Court : Madhya Pradesh
..... the aforesaid reasons, the impugned judgment of conviction and sentence of appellant under section 302 of the indian penal code and section 25(1-b)(b) of the indian arms act is set aside. appellant is acquitted. he be released, if not required in any other case.27. appeal allowed. (rakesh saksena) (t.k. kaushal) judge judge shukla 14 high court ..... by sessions judge, panna in sessions trial no.86/2000 convicting him under section 302 of the india penal code and section 25 (1-b)(b) of the indian arms act and sentencing him to imprisonment for life with fine of rs.5000/- and rigorous imprisonment for one year with fine of rs.2000/-.2. in short, the prosecution case is .....
Tag this Judgment!Court : Madhya Pradesh
..... trustees of some other trust and deregistering such trust; (n) an order exonerating the trustees from technical breaches, etc; (o) an order varying, altering, amending or superseding any instrument of trust; (p) declaring or denying any right in favour of or against, a public trust or trustee or trustees or beneficiary thereof ..... the provisions of this section and other consequential provisions shall apply to all public trusts, whether registered or not or exempted from the provisions of this act under sub-section (4) of section 1. aforesaid provisions specifically provides that an aggrieved person can always approach to the charity commissioner who is empowered to ..... reliefs to the petitioners against the proposed sale. hence the petitioner should move either the charity commissioner or the appropriate court in accordance with the aforesaid act and this court should not entertain this petition as pil. the petition is accordingly dismissed. 9. as similar matter in respect of respondent trust .....
Tag this Judgment!Court : Madhya Pradesh
..... recognized association of the employees, for two consecutive terms i.e.2000-2002 and 2002-2004. 4- similarly, petitioner rasool shah, in w.p.no.16825/2007, was also working in the said university and was posted as field extension officer. he has also completed more than 20 years of service and was elected as ..... and the minister of the department concerned and, therefore, the chancellor should not interfere. this itself shows that the disciplinary authority namely the vice chancellor has not acted independently in the matter. the entire action is based on the advice given by the legal advisor and the consultation with the officers as indicated hereinabove in page ..... governing rules of judicial review are made out. it has been held that the ground of judicial review into such matter is that the disciplinary authority has acted on irrelevant considerations. the satisfaction recorded for dispensing with the inquiry is an abuse of the powers conferred upon it and the action is taken on .....
Tag this Judgment!Court : Madhya Pradesh
..... in favour of appellant for his appointment as panchayat karmi and as per resolution dated 25.12.2007 appellant was appointed on 25.12.2007 so there was no question of any other appointment under section 86(2) of the panchayat act. (2) that the appellant was a local candidate while respondent no.6 was not a local ..... action of the chief executive officer under section 86(2) of the panchayat act and consequential orders for appointment of panchayat karmi. (m) respondent shashikant vishwakarma also filed a writ petition before the single bench for quashment of order dated 28.12.2007 by which the appellant herein was appointed by the panchayat and for a direction ..... for fresh consideration. thereafter a reminder was sent on 01.12.2007 to the panchayat to select the panchayat karmi within seven days. (h) as no selection was made till 24.12.2007, the collector had invoked the provisions of section 86(2) of the panchayat act and vide letter dated 18.11.2008 directed the chief executive officer .....
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