Court : Madhya Pradesh
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!Court : Madhya Pradesh
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!Court : Madhya Pradesh
Reported in : 2009(3)MPHT418
ORDERA.K. Patnaik, C.J.1. In this batch of writ petitions filed under Article 226 of the Constitution, the common questions which arise for decision are that how far is it permissible under the Constitution for the State to control and regulate admissions and fees in private unaided professional educational institutions in the State of Madhya Pradesh.2. The background facts are that in Unni Krishnan v. State of Andhra Pradesh : (1993) 1 SCC 645, a five Judge Bench of the Supreme Court held that there was no fundamental right to professional education which flows from Article 21 of the Constitution but framed a scheme in the nature of guidelines which the appropriate Governments and recognising and affiliating authorities were to implement as conditions for grant of permission, recognition or affiliation under which the seats in professional colleges were to be divided into free seats and payment seats and a common entrance test was to be conducted by the State Government and the first ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT387
Subhash Samvatsar, J.1. This writ appeal is preferred by the State being aggrieved by an order dated 13-3-08 passed by the learned Single Judge of this Court in W.P. No. 5143/06 (S) thereby allowing the petition filed by the present petitioner.2. Brief facts of the case are that the respondent was appointed on the post of Tehsil Organizer vide order dated 30-11-84 in the pay scale of Rs. 740-1180/-. This appointment was made in exercise of the powers conferred under the Adhiniyam known as Madhya Pradesh Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999 and the Rules were framed thereunder Section 21 known as Madhya Pradesh Gram Tatha Nagar Raksha Samiti Niyam, 2003. These rules govern the service condition of the respondent. As per the said Rules, no channel of promotion is provided from the post of Tehsil Organizer. However, the Govt. has prescribed a provision for grant of two higher pay-scales, firstly on completion of 12 years in service and secondly on completion of 24 years in servi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP232; 2009(5)MPHT114
S.K. Gangele, J.1. The appellant has filed this appeal under Order 43 Rule 1(u) of the Code of Civil Procedure 1908, against the Judgment and decree dated 29-9-2006, passed by the II Additional District Judge (FastTrack), Sheopur, in Civil Miscellaneous Appeal No. 31-A/2006, quashing the compromise order dated 10-9-2000 passed by the Lok Adalat in Case No. 1/2000 in Civil Suit No. 186-A/1998.2. The plaintiffs Kashmir Singh, Ummed Singh, Sarvan Kumar Singh and Ramkrishna Singh filed a suit for declaration and permanent injunction. In the aforesaid suit initially the State of M.P. Tahsildar, one Sundara and Mahila Bhanwari Bai were defendants. Mahila Bhanwari Bai was the defendant No. 4. Subsequently, the name of defendant No. 3 Sundara, S/o Keshara, has been deleted. The plaintiffs pleaded in the suit that father of the plaintiffs Kalyan Singh had been in possession of the suit land and his possession was recorded up to Samvat 2027. He died on 6th June, 1991 and thereafter name of Deval...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2009]94SCL317(MP)
ORDERRajendra Menon, J.1. This application has been filed under Section 391, read with Sections 392, 393 and 394 of the Companies Act (hereinafter referred to as the 'Act') read with Rules 9 and 79 of the Companies (Court) Rules, 1959 (hereinafter referred to as the 'Rules'). Prayer made in this application is to grant sanction to the proposed Scheme of Amalgamation and Arrangement from the effective date and with effect from the appointed day as notified and defined in the Scheme, as a going concern in accordance to the terms and conditions set forth in the Scheme.The Scheme in question, approval of which is sought for is filed as Annexure P/1 and is available at Pages 39 to 74, of the petition.2. Facts in brief, necessary for disposal of this petition, are that M/s. VA Tech Hydro India Private Limited is first petitioner and the transferee-company was originally incorporated as CG Elin Power Systems Private Limited in the State of Madhya Pradesh with effect from 28-11-1996. Subsequen...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT507
ORDERR.K. Gupta, J.1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of mandamus against the respondents to refund the amount of Commercial Tax unauthorizedly collected/recovered from the petitioner amounting to more than Rs. 12,00,000/- alongwith interest @ 12% per annum from the date of refund made by the respondent Board or State Tax Department till its payment to the petitioner.2. The facts leading to the present case are that the petitioner is engaged in the business of purchase of mill reject coal from Satpura Thermal Power Station which is run by M.P. State Electricity Board and other units. According to the petitioner it is state within the meaning of Article 12 of the Constitution of India. It is stated in the petition that the electricity is being generated and transmitted and the coal is one of the main ingredients. The coal is being purchased by the Board for its Thermal Power Station, Sarni from ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP222
Dipak Misra, J.1. The petitioner, a student of M.S. (General Surgery) of Netaji Subhash Chandra Bose Medical College which is an autonomous educational institution, had taken admission on 12-6-2006 by depositing the fee to the tune of Rs. 35.000/-. It is contended, that the State Government had framed a policy on 13-11-1989 laying a postulate that the children of the green card holders would be extended the benefit of exemption from fee in medical/engineering courses. The petitioner, as set forth, had applied for the benefit of exemption while prosecuting his study in the course of medical graduation. A circular, Ahnexure-P/5, dated 30-5-2003 was issued laying down the stipulation that the children of green card holders, who fall below the poverty line, prosecuting their studies in medical/engineering colleges, both Government and autonomous would be exempted from the tuition fee., The said circular was modified by the circular dated 28-10-2005 which deleted the prescription pertaining...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT324
ORDERArun Mishra, J.1. Writ Petition and the Civil Revision have been preferred by Krishi Upaj Mandi Samiti, Banapura, Tehsil Seoni Malwa, District Hoshangabad (hereinafter referred to as 'the Samiti'). In Civil Revision No. 238/08 order passed by Civil Judge, Class-II, Seoni Malwa, District Hoshangabad in Civil Suit No. 43-A/05 on 29-2-08 has been assailed whereas in W.P. No. 17381/07 orders passed by the Trial Court and the Appellate Court in the matter of interim grant of injunction have been assailed by the Samiti. Both the cases have been listed before the Division Bench as per order passed by Hon'ble the Chief Justice on 21-1-2009. Consequently, civil revision is also heard by us.2. The facts in short giving rise to the instant suit indicates that Chandra Shekhar Raghuvanshi has filed a suit for declaration and injunction against the Samiti, Director of Mandi Board, Bhopal and State of M.P. through Collector, Hoshangabad and for setting aside resolution passed by the Samiti dated...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP169
Dipak Misra, J.1. Questioning the defensibility and substantiality of the order dated 14-8-2007 passed by the learned single Judge in Writ Petition No. 14605/ 2006, the present intra-Court appeal has been preferred under Section 2(1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005. The writ appeal was heard by a Division Bench which referred to the facts in issue, the provisions contained in the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Act') especially Section 50 of the said enactment, the stand and stance taken by the contesting parties and the interveners, the view expressed by the learned single Judge and the interpretation placed by him on the proviso added to Sub-section (4) of Section 50 of the Act by the M.P. Nagar Tatha Gram Nivesh (Sansodhan) Adhiniyam, 2004 on 29-12-2004, the interpretation sought to be placed by the learned senior counsel appearing for the Indore Development Authority (in short 'the Authority') and the proponemen...
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