Court : Madhya Pradesh
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, ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010(1)MPHT252
ORDERP.K. Jaiswal, J.1. Heard on admission.This is a tenant's appeal under Section 100, CPC challenging the legality and validity of judgment and decree dated 2-7-2009 passed by XIX Additional District Judge, Jabalpur in Civil Appeal No. 20-A/2009, confirming the judgment and decree passed by IV Civil Judge Class-I, Jabalpur in Civil Suit No. 246-A/2006 whereby the suit of the respondent was decreed under Section 12(1)(c) and (f) of the M.P. Accommodation Control Act, 1961 (in short 'the Act').2. Shankar Lal Bahre, father of the respondent had let out the suit accommodation consisting of a shop bearing House No. 1219, Ganjipura Main Road, Jabalpur to the defendant-appellant by creating tenancy in his favour for non-residential purposes and the defendant is using the same by doing business of medical store in the name and style of Vikas Medical Store. The tenancy of the appellant is monthly and starts from the first day of each calendar month and ends with the last date of the same mont...
Tag this Judgment!Court : Madhya Pradesh
1. This is a petition, under Section 482 of the Code of Criminal Procedure (for brevity ‘the Code’), for having the order-dated 23.03.2010 passed by Special Judge (under the Prevention of Corruption Act, 1988) (hereinafter referred to as ‘PC Act’) at Bhopal in Special Case No.1/08 rejecting the applications made by the petitioner for discharge nullified and also for quashing of the charge sheet, so far as it relates to him. 2. In that case, cognizance of the offences punishable under Sections 120B of the IPC and 13(1)(d) read with 13(2) of the PC Act has been taken against the petitioner, a superannuated officer of Indian Administrative Service, and co-accused Narsingh Mandal and Prakash Chand Sethi who, at the relevant point of time, wererespectively Chairman and Deputy General Manager (Store and Purchase) of M.P. State Road Transport Corporation (hereinafter referred to as “the Corporation”). 3. Relevant allegations, as contained in the charg...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2012CrLJ2008
G.D. Saxena, J. (1) As the grievance raised in the aforesaid two petitions is identical and same, they are heard together and disposed of by this common order. (2) For facility of reference, facts are being taken from Misc. Cri.Case No. 7348/11. (3) Present petition (Misc. Cri. Case No. 7348/11) is preferred by the petitioners/accused under Section 482 of Cr.P.C. having been aggrieved by an Order dated 26th September, 2011. By the aforesaid order, the petitioner/accused No1. OTG Global Finance Ltd. Company was acquitted of the charges under Section 138 of the Negotiable Instruments Act while setting aside the sentence for the alleged offence. However, the conviction recorded by the trial Magistrate and affirmed by the Appellate Court against the petitioners No.2 and 3 for the offence alleged was maintained with sentence of imprisonment of one month suffered by them. While summing up, it was also directed in para 34 of the order impugned which is extracted below:- “(34) Having re...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2012CrLJ2189
G.D. Saxena, J. (1) By preferring the aforesaid petitions under Section 482 of Cr.P.C., the petitioners, who are public servants, have approached this Court seeking order(s) setting aside and quashing the First Information Report, which has resulted into registration of Crime No.31/07 for commission of offence punishable under Sections 467, 468, 471,420 and 120-B of I.P.C. read with Section 15 of the Prevention of Corruption Act 1988 against them. Both the petitioners, namely, K.K. Shrivastava and R.N. Karaiya were appointed originally in the Public Health Engineering Department and subsequently were sent on deputation to the Municipal Corpn., on the posts of Assistant Engineers. At the relevant time, they were holding additional charge of Executive Engineers in the Maintenance Div. No.1. Gwalior. The petitioner Ajaya Pandvia at the relevant time was working as Assistant Engineer in Public Health Engineering under Municipal Corporation Gwalior whereas petitioner R.B. Shrivastava was w...
Tag this Judgment!Court : Madhya Pradesh
Ajit Singh, J. Order 1. This order shall also dispose of Writ Petition Nos.6322, 6355, 4880, 4890, 10244, 3887 and 612, all of 2010. All these petitions were heard together because they relate to a common issue. 2. There is an old fruit and vegetable market known as “Nav Bahar Sabji Mandi” since last 20/25 years in the city of Bhopal. The Sabji Mandi is, in fact, situated in the heart of city. With the passage of time, the population of the city has increased manifold. This has resulted into huge congestion and lack of space for fruit and vegetable traders in the Sabji Mandi. The State Government therefore, taking note of the difficulties of such traders, by notification dated 9.11.2000 issued under section 3 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (in short, “the Adhiniyam”) for the first time established a new market yard for fruit and vegetable traders having 56 acres of land at a place called Karond in Bhopal. On 22.12.2006 the Krishi Upaj Ma...
Tag this Judgment!Court : Madhya Pradesh
Sanjay Yadav, J. 1. This order shall lead to final disposal of writ petition Nos. 459/2009 – M/s. Maihar Cement v. Union of India and others; 460/2009M/ s. Maihar Cement v. Union of India and others; 461/2009M/ s. Maihar Cement v. Union of India and others; 463/2009M/ s. Maihar Cement v. Union of India and others; 464/2009M/ s. Maihar Cement v. Union of India and others; 466/2009M/ s. Maihar Cement v. Union of India and others; 468/2009M/ s. Maihar Cement v. Union of India and others; 470/2009M/ s. Maihar Cement v. Union of India and others; 472/2009M/ s. Maihar Cement v. Union of India and others; 473/2009M/ s. Maihar Cement v. Union of India and others; 474/2009M/ s. Maihar Cement v. Union of India and others; 4083/2009M/ s. Maihar Cement v. Union of India and others; 4086/2009M/ s. Maihar Cement v. Union of India and others and 14784/2008 M/s. Maihar Cement v. Union of India and others as the issue raised in these writ petitions being similar. 2. Issue which crops up for consi...
Tag this Judgment!Court : Madhya Pradesh
HIGH COURT OF MADHYA PRADESH : AT JABALPUR WP 4394/2010(S) RAMDAS VAIDYA Versus THE STATE OF MADHYA PRADESH WP 4402/2010(S) MUNNA Versus THE STATE OF MADHYA PRADESH WP 485/2007(S) KESr.CHANDRA AGRAWAL Versus THE STATE OF MADHYA PRADESH WP 4391/2010(S) RAMA Versus THE STATE OF MADHYA PRADESH WP 4393/2010(S) SHAKUN Versus THE STATE OF MADHYA PRADESH WP 4399/2010(S) RAMSHREE Versus THE STATE OF MADHYA PRADESH 2 WP 4400/2010(S) SUKHRANI Versus THE STATE OF MADHYA PRADESH WP 4403/2010(S) PARWATI Versus THE STATE OF MADHYA PRADESH WP 4410/2010(S) PUNIYA Versus THE STATE OF MADHYA PRADESH WP 4412/2010(S) CHANDRAKALA Versus THE STATE OF MADHYA PRADESH WP 11835/2010(S) SURESH KUMAR MISHRA Versus THE STATE OF MADHYA PRADESH WP 6449/2011(S) RAMKISHORE DUBEY Versus MUNICIPAL CORPORATION, SAGAR. WP 6450/2011(S) DURGA PRASAD RAJAK 3 Versus MUNICIPAL CORPORATION, SAGAR. WP 6452/2011(S) SATYANARAYAN NAMDEO Versus MUNICIPAL CORPORATION SAGAR. Present : Honble Shri Justice Rajendra Menon. --------------...
Tag this Judgment!Court : Madhya Pradesh
1 AFR HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR DIVISION BENCH Criminal Reference No.2/2011 IN REFEENCE Received from III Additional Sessions Judge (Fast Track Court), Narsinghpur, M.P.. Versus 1. Rahul Rajak, s/o Ashok Rajak, aged about 25 years, resident of Near Shyam Talkies, Narsinghpur (M.P.).2. Ashok Kumar, s/o Bhawani Prasad Vishwakarma, aged 37 years, resident of Ganesh Nagar, Bargi Colony, Narsinghpur, Police Station, Tehsil and District Narsinghpur (M.P.).3. Satish Parochi, s/o Imrat Lal Parochi, aged 28 years, resident of Housing Board Colony, Police Station, Narsinghpur (M.P.). ---------------------------------------------------------- For the State: Shri Umesh Pandey,Govt. Advocate. For the Complainant: Shri Surendra Singh,Sr. Advocate, with Shri Ashwani Kumar Dubey, advocate. For the Respondents/: Shri S.C. Datt, Sr. Advocate, Accused with Shri Siddharth Datt,Advocate, Shri R.S. Patel, Shri Alok Vagrecha, advocates. ------------------------------------------...
Tag this Judgment!Court : Madhya Pradesh
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR. Writ Petition No.8223/2012 Bhupendra Singh -Versus- The State of M.P.and otheRs.PRESENT : Honble Shri Justice K.K.Trivedi. Shri Anil Khare, learned Senior counsel Assisted by Ms.Nmrata Kesharwani, learned counsel for the petitioner. Shri Piyush Dharmadhikari, learned Govt. Advocate for respondents No.1 and 3. Shri Manas Verma, learned counsel for the respondent No.2. ORDER (28.6.2012) 1: The petitioner, an Assistant Engineer of Municipal Corporation, Jabalpur, has come before this Court ventilating his grievance against the order dated 16.5.2012 issued by respondent No.1, by which a modification in the posting order of the petitioner is done and instead of transferring him to Municipal Corporation Ujjain, he is posted in the office of the Divisional Deputy Director, Urban Administration, Jabalpur 2 Division Jabalpur, with a condition that he will be posted only in the office and will not be assigned any field duty, on the groun...
Tag this Judgment!