Madhya Pradesh Court February 1986 Judgments
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Mumtaz Begum Vs. Mubarak Hussain
Court: Madhya Pradesh
Decided on: Feb-10-1986
Reported in: AIR1986MP221
T.N. Singh, J.1. Pappu is a sweet child, aged about four years, living today with his father. His mother has petitioned this Court for a writ of habeas corpus, claiming custody of the boy. Parties appeared before us and we heard them in camera. Their statements were also recorded. We also tried to talk to the child in camera in the absence of counsel and parties. We reserved order, because we considered it a fit case to be deliberated unfit for instant decision.2. We confess, we saw light in Veena Kapoor, (AIR 1982 SC 792) and Mohini, illumining for us the path so that we could avoid bricks and breaches. Light also came to us from Shah Bano and Jorden Dienadeh. Petitioner's counsel, Shri Apte, relied on Gohar Begun, (AIR 1960 SC, 93), while Shri A.B. Mishra, appearing for the respondent, relied on two decisions of Allahabad High Court, to which we would advert in due course. Directive Principles of the Constitution, as also emerging international norms of Human Right jurisprudence must...
Nainaram and anr. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Feb-10-1986
Reported in: 1987CriLJ1981; 1987MPLJ685
T.N. Singh, J.1. Two lifers, brothers, were released on bail by this Court by an order passed on 8-11-1983 in Misc. Petition No. 426 of 1983 pending consideration of their case for 'premature release' by the State Government. They are suffering incarceration since 19-8-1975 though their conviction took place on 26-2-1976 in Sessions Trial Nos. 161, 162 and 163 of 1975. Bail, because the State Government had failed to render a decision on the question within the period of three months, was allowed for the purpose by the Court. Eventually, on 20-9-1984, by a communication addressed to the Inspector-General of Prisons (Annexure P/1), the State Government conveyed to him its decision that his 'recommendation for premature release of the petitioners under '14 years Rule' was found unacceptable'. Thereafter, the petitioners found themselves lodged again in the Gwalior Central Jail, from where they have moved this Court.2. State has filed return to refute, in particular, petitioners' contenti...
Advani Oerlikon Limited Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-07-1986
Reported in: 1987(14)ECC94; 1987(13)LC448(MP); 1988(36)ELT423(MP)
1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners seek a writ of certiorari for quashing the orders contained in Annexures 'D', 'F' and 'H' dated 5-6-1975, 24-12-1975 and 15-4-1981, passed by respondent No. 2 Assistant Collector, Central Excise, Raipur, Appellate Collector, Central Excise, New Delhi and Joint Secretary and Additional Secretary, Government of India, Ministry of Finance, respectively, and further by issuing a writ of mandamus, the respondents be directed to refund the amount of Rs. 1,03,676.40 p. together with interest at the rate of 18 per cent from the date of collection till payment.2. In short, the petitioners' case is that petitioner No. 1 Advani-Oerlikon Ltd. is a company registered under the Companies Act and carries on business of manufacturing welding electrodes and the petitioner No. 2 is the Director and shareholder of petitioner No. 1. Welding electrodes are excisable product and an item under Tariff Item No. 50 to t...
Dr. Ravi Agrawal Vs. M.P. Rajya Parivahan Nigam, Bhopal and anr.
Court: Madhya Pradesh
Decided on: Feb-06-1986
Reported in: AIR1987MP48
R.K. Varma, J.1. This is a miscellaneous appeal under Section 110-A Motor Vehicles Act, 1939, filed by the claimant-appellant against the award dt. 8-12-1982 passed in Claim Case No. 162/80 by the learned Member, Third Motor Accidents Claims Tribunal, Indore.2. The appellant-claimant, who was posted as an Assistant Surgeon/Casualty Medical Officer at M. Y. Hospital, Indore, at the relevant time, filed the present petition for compensation amounting to Rs. 86,500/-for bodily injuries sustained by him in a motor accident which took place on Bombay-Agra Road near the building of G.P.O. Indore. On 22-2-1980, non-applicant 2 was driving the bus No. MFC 7368 belonging to non-applicant 1 from Bhagora to Indore and when the bus crossed the G.P.O. cross-road at about 10.00 a.m., a collision took place between the gate of the said bus and the scooter driven by the claimant on Bombay-Agra Road, resulting in grievous injuries to the claimant on his right hand, left thumb and left patella.3. The le...
Poppy Corporation Vs. Deputy Commissioner of Sales Tax, UjjaIn Divisio ...
Court: Madhya Pradesh
Decided on: Feb-06-1986
Reported in: [1987]65STC360(MP)
ORDERR.K. Varma, J.1. This is a petition under Article 226/227 of the Constitution of India filed by the petitioner-assessee which is a registered partnership firm. The petitioner-firm is a dealer of poppy husk and poppy seeds duly registered under the provisions of the Central Sales Tax Act, 1956. For the period Diwali, 1978, to Diwali, 1979, i.e., 1st November, 1978, to 20th October, 1979, the petitioner-firm was assessed to pay Central sales tax Rs. 18,266.45 in respect of the assessment order dated 30th September, 1982, passed by respondent No. 2 (annexure B). The petitioner filed a revision before respondent No. 1 under Section 39 of the Madhya Pradesh General Sales Tax Act, 1958. The petitioner in the said revision placed reliance upon a notification dated 19th October, 1982 (annexure D), issued by the State Government generally exempting poppy husk from the payment of sales tax for the period from 11th June, 1979, to 8th February, 1982 and contended that this exemption would be ...
Ravi Agrawal Vs. M.P. Rajya Pariwahan Nigam and anr.
Court: Madhya Pradesh
Decided on: Feb-06-1986
Reported in: 1(1986)ACC476
R.K. Varma, J.1. This is a miscellaneous appeal under Section 110-A of the Motor Vehicles Act, 1939 filed by the claimant-appellant against the award dated 8-12-1982 passed in Claim Case No. 162/80 by the learned Member, Third Motor Accident Claims Tribunal, Indore.2. The appellant-claimant, who was posted as an Assistant Surgeon/Casualty Medical Officer at M.Y. Hospital, Indore at the relevant time, filed the present petition for compensation amounting to Rs. 86,500/- for bodily injuries sustained by him in a motor accident which took place on Bombay-Agra Road near the building of G.P.O. Indore. On 28-2-1980, the non-applicant No. 2 was driving the bus No. MPC 7368 belonging to the non-applicant No. 1 from Bhagora to Indore and when the bus crossed the G.P.O. cross-road at about 10,00 a.m., a collision took place between the gate of the said bus and the scooter driven by the claimant on Bombay-Agra Road, resulting in grievous injuries to the claimant on his right hand, left thumb and ...
Premier Vegetable (Pvt.) Ltd., Jaora Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-04-1986
Reported in: AIR1986MP258
ORDERV.D. Gyani, J. 1. By this petition under Article 226 of the Constitution of India, the petitioner prays for a writ, quashing the order dt. 28-8-81 (Annexure-D) passed by the respondent No. 3 in Revision No. 81-11/78 as also the order dt. 14-4-78 (Annexure-C) passed by the S. D. O. Jaora in Revenue Case No. 35-C-132/75-76. 2. That M/s. Jaora Oil Mills Jaora was sold by auction and the petitioner purchased the same for Rs. 5,61,000/- on 7-2-76. The sale-certificate issued in favour of the petitioner is filed as Annexure-A to the petition. A copy of the sale-certificate was sent to the Sub-Registrar Jaora for registration. 'The petition was filed on 16-4-82 and the petitioner's initial averment was to the effect that the Sub-Registrar sent it (copy of the sale-certificate) to the Sub-Divisional Officer who was invested with the powers of Collector for recovery of stamp duty of Rs. 47,685/-from the petitioner. 'It was averred that the Sub-Registrar registered the copy of the sale-cert...
Commissioner of Income-tax Vs. P.S. Kalani
Court: Madhya Pradesh
Decided on: Feb-04-1986
Reported in: (1986)53CTR(MP)300; [1986]159ITR681(MP)
Sohani, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to separate deductions under Section 16 on salary received from the three employers during the account year although the deductions so allowed may thus exceed Rs. 3,500?'2. The material facts giving rise to this reference, briefly, are as follows:The assessment year in question is 1979-80. The assessee was during the relevant accounting year in the employment of three persons. From two employers, the assessee received salary of Rs. 6,000 and Rs. 24,750 respectively while from the third employer, the assessee received only perquisite consisting of furnished accommodation, the value of which was assessed at Rs. 12,000. Th...
Sardar Mahendra Pal Singh and anr. Vs. Prakash Chand Goyal and ors.
Court: Madhya Pradesh
Decided on: Feb-04-1986
Reported in: 2(1986)ACC265; 1987MPLJ182
B.M. Lal, J.1. By this miscellaneous first appeal presented Under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) the appellants who are the owner and driver respectively have challenged the award passed by the Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal) whereby a sum of Rs. 17,000/- has been awarded in favour of the claimants i.e. the present respondent Nos. 1 to 8.2. The short facts leading to this appeal are as under : Late Shri Shikhar Chand Goyal (hereinafter referred to as the deceased) was running a business of cattle-feed (Bhusa), Coal and other articles. His business activity included transposition of cattle feed from Seoni to Bhilai and Coal/Charcoal from Bhilai to Seoni. For similar purpose on the fateful day of 6-6-1977, the deceased hired a truck No. MHG 3227 of which the appellant No. 1 is the owner and Appellant No. 2 is the driver and respondent No. 9 is the insurer.3. After loading the truck with coal/cha...
Baboolal Vs. Kankar Mujare and ors.
Court: Madhya Pradesh
Decided on: Feb-03-1986
Reported in: AIR1988MP15; 1987MPLJ146
K.K. Adhikari, J. 1. The petitioner, who is a voter shown in the Electoral Rolls for the Constituency No. 184, Paraswada, in District Balaghat, Madhya Pradesh, by this petition challenges the election of the respondent 1, the relumed candidate, under the provisions of Section 100(1)(a) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) on the ground that the respondent No. 1 was disqualified from being chosen as a candidate within the meaning of Section 8(2) of the Act.2. The undisputed material facts are as under : -(a) The respondents contested the election as rival candidates to the Madhya Pradesh Vidhan Sabha from the Paraswada Legislative Constituency in the election held in the year 1985. The election was notified on 30-1-1985 and the last date for filing of the nomination papers was 6-2-1985. The scrutiny of the nomination papers took place on 9-2-1985 while the electorate went to polls on 2-3-1985 and the result was announced on 5-3-1985 declarin...
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