Madhya Pradesh Court April 1986 Judgments
Devsingh and ors. Vs. S.D.M. and ors.
Court: Madhya Pradesh
Decided on: Apr-29-1986
Reported in: 1987CriLJ458
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dated 4-2-1986 passed by the learned Sub-Divisional Magistrate, Tarana, District Ujjain, whereby the petitioners' three applications respectively for cross-examination, for analysis of the water and for challenging the jurisdiction to pass repetitive orders Under Section 144 of the Code of Criminal Procedure 1973 (for short 'the Code') have been dismissed.2. The circumstances giving rise to this petition are these. The learned Sub-Divisional Magistrate, Tarana on 6-12-1985 passed an ex parte order Under Section 144(1) of the Code preventing inhabitants of the villages on the banks of river Kalisindh from fetching or taking water for the purpose of irrigation, from the reservoir at Birgod. The petitioners challenged that order in this Court in Criminal Revn. No. 351 of 1985. This Court found that the learned Sub-Divisional Magistrate without affording any opportunity of hearing to the persons concerned had ...
Tag this Judgment!M.P.S.R.T. Nigam and anr. Vs. Ramkala and ors.
Court: Madhya Pradesh
Decided on: Apr-26-1986
Reported in: 2(1986)ACC193
P.D. Mulye, J.1. The appellants have filed this appeal under Section 110(d) of the Motor Vehicles Act against an Award dated 31st August, 1979 passed by the Member of the Motor Accident Claims Tribunal, Indore in claim case No. 35/78 whereby he has awarded a total compensation of Rs. 22,500/- (Rupees Twenty two thousand five hundred) plus costs and interest to the claimant-respondent, even though they had put up a claim of Rs. 1,20,300/- (Rupees on Lakh, twenty thousand, three hundred) as compensation.2. The facts giving rise to this appeal may be stated in brief; thus Respondent No. 3 Sorambai is the widow of the deceased Ranjit and respondents 1 and 2, who are minor, are their children.3. Bus No. MPK-5060 was owned by Appellant No. 1 of which on the relevant day of the accident which took place on 2-2-1978, the appellant No. 2 was its driver, in the employment of Appellant No. 1.4. On 2-2-78 the deceased Ranjit was proceeding on a bicycle by the left side of the road near Gram Kadwal...
Tag this Judgment!Prabhulal Vs. Gram Panchayat, Guradiya Deda and ors.
Court: Madhya Pradesh
Decided on: Apr-25-1986
Reported in: AIR1986MP200
ORDER1. The petitioner was elected to the post of Sarpanch of Gram Panchayat Guradiya Deda, District Mandsaur. In a meeting of the Panchayat held on 29-8-1983 a no-confident^ resolution was passed against the petitioner. According to the petitioner, he preferred an appeal challenging the said resolution before the Sub-Divisional Officer. The appeal was dismissed on 28-11-1983 vide Annexure-B. Aggrieved thereby the petitioner filed this petition under Article 226 of the Constitution, for quashing the resolution Annexure-A.2. The case was heard by a Division Bench which by separate orders expressed that the matter be referred to a larger Bench as it involves a re-consideration of an earlier order of Division Bench of this Court in Sojharmal Sawandas v. Municipal Council, Kharsia, 1964 MPLJ 293. Accordingly this Full Bench was constituted by Hon'ble the Chief Justice, In the petition the impugned resolution dt 29-81983 was challenged on different grounds, but at the time of hearing before...
Tag this Judgment!Keshkal Co-operative Marketing Society Ltd. Vs. Commissioner of Income ...
Court: Madhya Pradesh
Decided on: Apr-25-1986
Reported in: (1987)55CTR(MP)229; [1987]165ITR437(MP)
This is a reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') made at the instance of the assessee for our answering the following questions of law :'(i) Under the facts and circumstances of the case, whether the activity of purchasing paddy from the members, milling it and selling the same amounted to marketing of the agricultural produce of the members as contemplated under section 80P(2)(iii) of the Income-tax Act, 1961 ?(ii) Under the facts and circumstances of the case, whether the amount of Rs. 1,66,763 required to be transferred to the reserve fund under section 43(2) of the Madhya Pradesh Co-operative Societies Act, 1960, was an allowable deduction either as a business expenditure or as having been diverted by an overriding title ?'The assessee is a co-operative marketing society registered under the M. P. Co-operative Societies Act (hereinafter referred to as 'the Societies Act'). The assessee, apart from the business of rice-milli...
Tag this Judgment!K.P. Sons Vs. Sales Tax Officer and anr.
Court: Madhya Pradesh
Decided on: Apr-24-1986
Reported in: [1987]67STC38(MP)
B.M. Lal, J.1. The order passed in this petition shall also govern the disposal of connected Miscellaneous Petition No. 1289 of 1982 (K.P. Sons, Katni v. Kuril and, Two Ors.).2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner-firm which is a dealer, registered under the M. P. General Sales Tax Act, 1968 (hereinafter referred to as the Act) and the Central Sales Tax Act, respectively, challenges the constitutionality of the amendment introduced in Section 2(o) of the Act by adding an explanation w. e. f. 1st September, 1976 by Act No. 48 of 1976 whereby the definition of 'sale price' has been made exhaustive so as to include the value or cost of packing material or container in the sale price of goods when such goods are sold along with packing material or container, irrespective of whether such price or cost or value is charged separately or not.3. The petitioner-firm further challenges the notification dated 1st October, 1978 (annexure D) issue...
Tag this Judgment!Commissioner of Income-tax Vs. Smt. Madhu Kanta Ben
Court: Madhya Pradesh
Decided on: Apr-23-1986
Reported in: [1988]172ITR437(MP)
J.S. Verma, Actg. C.J.1. This is an application under Section 256(2) of the Income-tax Act, 1961, for a direction to the Income-tax Appellate Tribunal to state the case and refer to this court for decision certain questions of law formulated in the application.2. Having heard both sides, we are satisfied that a question of law does arise out of the Tribunal's order which requires a decision of this court. No doubt, a similar question has been decided by this court in Narsibhai Patel v. CWT : [1981]127ITR633(MP) with reference to the assessment made under the Wealth-tax Act, 1957. However, it will have to be examined whether the relevant provisions of the Income-tax Act are the same as the corresponding provisions in the Wealth-tax Act or there is any difference therein which raises a question of law for our decision.3. Consequently, this application is allowed. We direct the Income-tax Appellate Tribunal to state the case and refer to this court for decision the following question of l...
Tag this Judgment!Hemlata Devi and ors. Vs. Gurudayal and ors.
Court: Madhya Pradesh
Decided on: Apr-23-1986
Reported in: 2(1986)ACC129
R.K. Varma, J.1. This order shall also govern the disposal of Misc. Appeal No. 57/76 (Gurudayal Singh and Ors. v. Smt. Hemlata Devi and Ors.).2. The present appeal by the two legal representatives of the deceased Bhupendra who died as a result of accident with Truck No. MHS 6461 is directed against the award dated 22-1-1976 passed by the learned Member, Motor Accident Claims Tribunal, Indore. The other connected appeal aforesaid has been filed by the Truck owner, driver and the insurer against the said award.3. The case of the claimants-appellants was that on 30-6-1974 at about 11.00 a.m., one Shyaralal was coming from the side of Dewas on his scooter, driving along Agra-Bombay Road, The deceased Bhupendra was sitting behind him on his scooter. Near the Burmah Shell Petrol Pump, while Shyamlal was driving his scooter, the driver-respondent No. 2 came driving the truck MHS 6461 rashly and negligently and dashed the truck against the scooter from behind. As a result of this collision, Bh...
Tag this Judgment!Madhumilan Syntex (P) Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-21-1986
Reported in: 1988(15)ECC258; 1987(11)LC434(MP); 1987(32)ELT489(MP)
G.G. Sohani, J.1. This is a petition under Articles 226 and 227 of the Constitution of India praying for the issuance of a writ of certiorari to quash the order dated 27-5-1985 passed by the Collector of Customs and Central Excise (Appeals) under Section 35A(3) of the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act') in appeals No. 134-135-C.E./APPL. IND/84.2. The material facts giving rise to this petition, briefly, are as follows :-(a) Petitioner No. 1 is a company incorporated under the Companies Act, 1956. Petitioner No. 2 is the Managing Director of that company. The petitioner company carries on the business of manufacturing cellulosic spun yarn at its factory at Biora, District Rajgarh.(b) The excise duty payable in respect of manufacture of cellulosic spun yarn is specified in Tariff Item No. 18(01) of the First Schedule to the Act. The relevant entry is as follows :'18. III. Cellulosic spun yarn :yarn, in which man-made fibre of cellulosic origin predom...
Tag this Judgment!Mahendrakumar Tiwari Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-21-1986
Reported in: 1987CriLJ1450
ORDERK.L. Srivastava, J.1. This petition under the Criminal P.C. 1973 (for short 'the Code') is directed against the order dt. 14-10-1985 passed by the Additional Sessions Judge, Jhabua in Sessions Trial No. 321 of 1985 whereby in exercise of powers under Section 319 of the Code he has ordered that the applicant and Anr. be also proceeded against for the offences in question.2. The facts giving rise to the application are these. On a prosecution launched by the police against them, the Judicial Magistrate first class, Thandla found that the accused Sammun and Joyala had committed offences one of which is exclusively triable by the Court of Session. The case was accordingly committed under Section 209 of the Code'and the sessions trial referred to above came to be registered.3. In the Sessions Court an application was filed on behalf of the State that the applicant Mahendra Kumar Tiwari and one Moise had also committed the offences under Sections 366 and 493, IPC4. On a perusal of the s...
Tag this Judgment!Range Forest Officer Vs. Rodilal
Court: Madhya Pradesh
Decided on: Apr-21-1986
Reported in: 1987CriLJ1314
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dt. 4-3-1986 passed by the Additional Sessions Judge, Neemuch Camp Manasa, in Criminal Revision No. 44 of 1986 whereby he has ordered that interim custody of the tractor and trolly in question be delivered to the non-applicant.2. Facts giving rise to this revision petition are these. On 5-1-1986 the tractor driver was found with tractor bearing registration No. C.P.U. 5973 along with its trolly No. C.P.U. 5974 in the reserved forest area in District Mandsaur transporting forest produce without transit pass amounting to an offence under Section 36 of the Indian Forest Act, 1927 (for short 'the Central Act') and other offence constituted by contravention of the transit Rules 1961 framed thereunder.3. The offences were accordingly registered against the driver. The tractor and the trolly were seized and intimation under j Section 52(4) of the Central Act as substituted by Madhya Pradesh amendment in the Centr...
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