Court : Madhya Pradesh
Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No.4041/2013 are narrated hereunder. In the present case, short point is involved whether under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act, 2002), the Chief Judicial Magistrate is competent to take action keeping in view the Section 14 of the SARFAESI Act, 2002. Learned Government Advocate at the outset has drawn attention of this Court towards the judgment delivered by the Full Bench of Madras High Court in case of K. Arockiyaraj V. Chief Judicial Magistrate, Srivilliputhur and Anr., reported in AIR 2013 MADRAS 206. Paragraph Nos.24, 25, 26 and 27 of the aforesaid judgment read as under:- 24. 'The Executive Magistrate' is mentioned in Section 20, which reads as follows: "20. E...
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Heard on this first application for bail under Section 439 of the Cr.P.C filed on behalf of the applicants Pramod and Shaikhar in Crime No.287/2015 registered by P.S. Mungwani, District-Narsinghpur for offences punishable under Sections 341, 323, 354, 354-A read with Section 34 of the IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012. As per the prosecution case, the prosecutrix, who is 15 years of age, was going alone to answer call of nature at about 5:30 a.m behind the High School. She was intercepted by accused persons Pramod and Shaikhar. Shaikhar said that he liked her and Pramod picked her up and they were taking her away. When the prosecutrix raised an alarm, her aunt who was passing by, reached the spot. At the same time, the watchman of the school also reached the spot, thereafter, the applicants escaped from the spot. It has been submitted on behalf of the applicants that the charge-sheet in the case has been filed. The applicants have been in custod...
Tag this Judgment!Court : Madhya Pradesh
With the consent of parties, the mater is heard finally. In this writ petition, under Article 227 of the Constitution of India the petitioner has assailed the validity of the ex parte interim order dated 16.11.2015, by which, the Industrial Court has stayed the order passed by the Registrar, Trade Union dated 31.10.2015 and has fixed the case for final arguments on 15.12.2015. 2. Facts giving rise to filing of the writ petition, briefly stated, are that petitioner is a registered. Trade Union under the Trade Unions Act, 1926. The petitioner as well as respondent No.1 are the Trade Unions Registered under the provisions of the Trade Unions Act. It is the case of the petitioner that respondent No.1 is a Union sponsored by the Management of the Undertaking and is no longer enjoying the support and faith of the majority of the workmen of the industry. The petitioner-union submitted an application under section 17 of the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to...
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S.R. Waghmare, J. 1. These two petitions are taken up together since they arise out of the same cause of action and are therefore, decided by this common order, which shall govern both the petitions. 2. By Writ Petition No. 4941/2014 under Article 227 of the Constitution of India, the Dy. Director of Income Tax (Investigation) Ujjain is aggrieved against the order dated 23/4/2014 passed by the JMFC, Badnagar, Ujjain in Case No. 01/2014, whereby the JMFC ordered that security be paid for the supurdgi of the cash and silver that were to be handed over to the petitioner Income Tax. 3. Whereas, Writ Petition No. 5602/2014 under Article 226 read with Article 19(g) of the Constitution of India has been filed by Rupam, Rajendra P. Gorecha and Nayan Kothari against the Income Tax Department being aggrieved by withholding of the silver bullion without any authority of law. 4. Briefly stated the facts of the case are that on 11.3.2014, information was received by the petitioner department from t...
Tag this Judgment!Court : Madhya Pradesh
The petitioner before this Court has filed the present petition by way of Public Interest Litigation. The petitioner's contention is that he is a social worker and has no personal interest in the matter. He is aggrieved by posting of Patwaris by the Collector, Shivpuri in the year 2014. The petitioner's contention is that there were 38 posts available and 39 Patwaris were appointed meaning thereby one person is in excess. Ithas been further argued that the Collector has not followed the prescribed procedure for appointing the Patwaris as per the M.P.Land Revenue Code. The petitioner has prayed for the following relief. A. That as per direction Annexure P-1, P- 2 and P-3 the inquiry against misconduct of the Joint Collector Smt.Neetu Mathur be directed to be conduct by the authority above rank of Collector which is Additional Commissioner Gwalior and Commissioner Gwalior and the posting list of the Patwari which has been issued by the Joint Collector Shivpuri dated 01.03.2014 by her own...
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K.K. Trivedi, J. 1. This pro bono publico under Article 226 of the Constitution of India by the petitioner is filed seeking following reliefs : I. to restore the land of members of tribal family, alleged to be taken, pursuant to lease deed executed by respondent no.6 and 7; II. to take appropriate action against respondent no.5 for abusing its statutory powers; III. to issue such appropriate writs/order as this Hon'ble Court deems fit in the facts and circumstances of the case. 2. We have reasons to record such a relief in view of the fact that this Court while passing order on application for amendment in the writ petition filed by the petitioner on 22.07.2015, dealt with various objections regarding the said amendment in the writ petition. In fact it is the submission of learned senior Counsel for respondents No.6 and 7 that the petition as carved for the aforesaid reliefs, is not maintainable before this Court in view of the law laid-down by the Apex Court in the case of Balco Empl...
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Heard. In this writ petition under Article 226 of the Constitution of India, the petitioner inter-alia seeks a direction to the respondents to treat the date of birth of the petitioner as 3.2.1960, which has been mentioned in the service record and to allow the petitioner to continue in service. Facts giving rise to filing of the writ petition briefly stated are that the petitioner was appointed on 22.9.1983 on the post of Loader. The petitioner was asked to submit the matriculation certificate on 5.7.1986 so that his case could be considered for promotion to the post of PIT Munshi. The petitioner thereafter was appointed on the post of PIT Munshi on probation on 7.10.1986 and thereafter by an order dated 29.3.1987, his services were regularized on the aforesaid post. The petitioner submitted an application on 27.5.2014 for correction of his date of birth on the basis of the Higher Secondary School certificate. However, the respondents treating the date of birth of the petitioner to be...
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1. In view of commonality of facts and issues involved, on the joint request, matters were analogously heard and are decided by this common order. Facts are taken from M.Cr.C.147/2014 2. In these petitions filed under Section 482 of Cr.P.C the petitioner has called in question the proceedings of complaint case No. 6199/2013. Shri Raja Sharma, learned counsel for the petitioner, submits that court below has erred in passing the order dated 06.07.2013 whereby complaint preferred by respondent under Section 138 of Negotiable Instrument Act ( NI Act) is directed to be registered. The present petitioner was served by issuing notice by registered and ordinary post. Criticizing this order, learned counsel for the petitioner submits that the respondent filed a complaint under Section 138 of NI Act. In para 4 and 5 of the complaint the description of cheques i.e. date, account number and amount etc were shown. It is further averred that said cheques were bounced. Bank gave finding that insuffic...
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Heard on I.A. No. 12644/2011, an application under Section 5 of the Limitation Act for Condonation of delay. 2. Looking to the grounds set out in the application, I find that good and sufficient ground is made out by the petitioners for condoning the delay. The delay in filing the appeal is hereby condoned. 3. Accordingly, I.A. No. 12644/2011 is allowed. 4. Also heard on the question of admission. The respondent was working on the post of Chowkidar in the petitioners' department since 01.04.1987 and was removed from service vide oral order dated 01.01.1995. The respondent has completed more than 240 days in a calendar year. The respondent has filed an application before the Labour Court challenging his order of termination on the ground that his oral termination from the service is illegal retrenchment and prior to termination of his service, he has neither been given any charge sheet nor matter is pending against him in respect of misconduct. No departmental proceedings initiated agai...
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A.M. Khanwilkar, CJ. 1. This petition filed under Article 226 of the Constitution of India takes exception to the order passed by the Debts Recovery Appellate Tribunal (hereinafter referred to as "Appellate Tribunal") dated 08.10.2004 (Annexure-P/1), as also by the Debts Recovery Tribunal (hereinafter referred to "Tribunal") dated 12.03.2004 (Annexure-P/3) and of the Recovery Officer dated 12.01.2004 (Annexure-P/2). The petitioner by amending the petition has asked for further appropriate writ or direction in relation to the order dated 28.10.2004 passed by the Recovery Officer in O.A. Execution No.14/2002. 2. Briefly stated, the petitioner is a Certificated Debtor. For recovering the amount from the petitioner, the Recovery Officer issued a public auction notice dated 15.11.2003, which was published on 10.12.2003 in the local newspapers. The auction notice refers to four properties, which were ordered to be sold in auction. Out of that, only two properties are situated at Raipur (Stat...
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