Madhya Pradesh Court November 1989 Judgments
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Sesh Narayan Bajpai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-03-1989
Reported in: 1990CriLJ1486
B.C. Varma, J. 1. This petition raises a question of general importance as to scope of Section 10(3) of the Criminal Procedure Code, 1973 and the right and jurisdiction of Sessions Judge in a given Sessions Division to transfer applications to another Additional Sessions Judge for disposal. The matter arises thus:2. Mandla is a Sessions Division with headquarters at Mandla. The Sessions Judge sits at Mandla where one more Additional Sessions Judge funcitons. Recently, an Additional Sessions Judge has also been posted at Dindori which is a Tahsil place within the jurisdiction of Sessions Division Madla. By office order dated 7-7-1989, the Sessions Judge, Mandla, in exercise of powers under Section 10(3) of the Criminal Procedure Code, 1973, directed that the bail applications and also applications for grant of interim stay arising out of the cases in Revenue Tahsil Dindori shall be filed before the Additional Sessions Judge, Dindori. After those applications are. heard, the cases be sen...
Madhya Pradesh State Road Trans. Corpn. Vs. Mahila Choti Bai and anr.
Court: Madhya Pradesh
Decided on: Nov-03-1989
Reported in: 1991ACJ160
R.C. Lahoti, J.1. This is an appeal under Section 110-D of Motor Vehicles Act, 1939 arising out of an interim award passed under Section 92-A of the Act by the Claims Tribunal. The appellant has been ordered to pay a compensation of Rs. 15,000/- with interest at the rate of 12 per cent per annum from the date of application till the date of payment. The grievance raised by the appellant is that Section 92-A of the Act does not contemplate payment of interest and hence the impugned interim award is liable to be set aside to the extent to which it directs payment of interest.2. The provisions relating to the Claims Tribunals and award by them on applications for compensation are to be found placed in Chapter VIII of Motor Vehicles Act, 1939. Jurisdiction to award interest on a claim being allowed by the Claims Tribunal was conferred by Section 110-CC of the Act. The provision, as it originally stood, provided that the court or Tribunal allowing a claim for compensation made under that Ch...
Parmali Wallace Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Nov-02-1989
Reported in: [1991]81STC440(MP)
B.C. Verma, J.1. At the instance of the dealer, Parmali Wallace Ltd., Bhopal, the Board of Revenue has referred the following question to this Court for answer :'Whether, in the facts and circumstances of the case, the sale price of Rs. 21,699 could be included in the taxable turnover of the applicant when the goods were returned by the purchaser on the ground that they were not according to the specifications stipulated by the purchaser after the period of six months as stipulated in Section 8A(1)(b)(ii) of the Central Sales Tax Act, 1956 ?'2. Relevant facts are that the applicant, Parmali Wallace Ltd., is a registered dealer and deals in the manufacture of wooden parts of certain electrical machines. These are made to orders according to specifications desired by the purchasers. One of the terms of the deal between the applicant-dealer and the purchasers of those parts is that if the parts manufactured and sold by the applicant to those purchasers do not conform to the specifications...
Jugal Kishore and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-02-1989
Reported in: 1990CriLJ2257
ORDERGulab C. Gupta, J. 1. The applicants accused persons by this application Under Section 482, Cr.P.C. seek quashing of proceedings in Criminal Case No. 1119/86, pending before Shri R.K. Pandey, Judicial Magistrate, Class I, Sagar alleging that they are frivolous and vexatious and amount to abuse of the process of the said Court.2. Facts appearing in case diary show that the applicants are alleged to have committed house trespass into the house bearing No. 258/3, Gujarati Bazar, Sagar and have thus committed the offence punishable Under Section 448/34, I.P.C. It also appears that one Rajendra Kumar Dubey claiming to be the owner of the said house, lodged a report at the City Kotwali, Sagar on the basis of which the F.I.R. was recorded. Statement of applicant Jugal Kishor was also recorded by the Investigating Officer during the course of investigation. The applicant Jugal Kishor told the Investigating Officer that he was tenant of the house in question since last about 48 years and w...
Shivraj Tobacco Company Pvt. Ltd. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-02-1989
Reported in: 1991CriLJ156
ORDERGulab C. Gupta J.1. By this application under Section 482 Cr. P.C. 1973, the applicant-accused person facing trial before the Judicial Magistrate for adulteration of 'Pan Masala', contrary to the provisions of Prevention of Food Adulteration Act, (hereinafter referred to as the Act) and the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rule), invokes extraordinary jurisdiction of this Court to quash proceedings in the said criminal trial.2. The applicant is a registered firm engaged in the business of production and manufacture products known as Pan Masala. It is alleged that on 25-8-1985 Shri P. D. Khare, Food Inspector, Shahdol purchased, for analysis, a sealed container of Pan Masala manufactured by applicant from the shop of one Laxman Prasad Gupta at Rajendra Gram district Shahdol and seized the same in accordance with law. The said Pan Masala was forwarded to the Public Analyst appointed under the Act for analysis. The Public Analyst, by his rep...
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