Madhya Pradesh Court March 1992 Judgments
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In Re: Kriti Plastics Pvt. Ltd.;
Court: Madhya Pradesh
Decided on: Mar-31-1992
Reported in: 1992(0)MPLJ671
A.G. Qureshi, J. 1. This order shall govern the disposal of Company Petition No. 10 of 1990 (Kriti Plastics Pvt. Ltd.), Company Petition No. 11 of 1990 (Kasta Extrusions Pvt. Ltd.) and Company Petition No. 12 of 1990 (Purti Pipes and Processors Pvt. Ltd.). These three petitions have been filed by three different private limited companies duly incorporated under the Companies Act, 1956. The object of the petitions is to obtain sanction of this court to compromise or arrangement whereby Kasta Extrusions Pvt. Ltd., and Purti Pipes and Processors Pvt. Ltd. will amalgamate with another company, Kriti Plastics Pvt. Ltd. According to the scheme of amalgamation, the transferor-companies are Kasta Extrusions Pvt. Ltd., Indore and Purti Pipes and Processors Pvt. Ltd. also having its office at Indore and the transferee-company is Kriti Plastics Pvt. Ltd., which has also its office at Indore. The transferee-company, Kasta Extrusions Pvt. Ltd., is engaged in the business of manufacturing rigid PVC ...
Arjunsingh Ganeshram Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-30-1992
Reported in: 1993(0)MPLJ485
ORDER1. Heard counsel.2. Vires or no vires, the matter need not prolong any further in this Court. We have been hearing time and again that the vires of Rule 88 of Central Motor Vehicle Rules, 1989 is being considered at the Main Seat. We have taken a different view on examination of the provisions of Section 59 of the New Act and reading that along with Section 217 of the Act. Obviously, Rule 88 was framed to give effect to the provisions of Section 59 and that position is being kept in view. We extract the Rule : --'88. Age of motor vehicle for the purpose of national permit. -- (1) No national permit shall be granted in respect of a goods carriage which is more than nine years old at any point of time. (2) A national permit shall be deemed to be invalid from the date the vehicle covered by the permit completes nine years from the date of its initial registration. Explanation. -- For the purpose of this rule, the period of nine years shall be computed from the date of initial registr...
Tulsabai and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-30-1992
Reported in: 1993CriLJ368
ORDERS.K. Dubey, J.1. By this petition under S. 397 read with S. 482, Cr. P.C. the petitioners have prayed for quashing of the charges under Ss. 302/34 and 307/34, IPC, framed on 18-5-1990 in Sessions Trial No. 15/1990, by First Additional Sessions Judge, Vidisha.2. The two petitioners with two other co-accused, Rajesh, the son of petitioner No. 1, and Dewansingh, the husband or petitioner No. 2, have been booked for offences under Sections 323, 324, 325, 307 and 302/34, IPC, registered as Crime No. 121/1989, by Police Station Gulabganj, District Vidisha, on a report lodged by one Bhuribai.3. The case of the prosecution, in brief, is thus: On 29-11-1989 at about 11 a.m. in village Khejra, when Randhirsingh, Bhuribai's son, was stacking grass in the Kheda, co-accused Dewansingh, armed with a Farsa, and Rajesh, armed with an axe, came and objected to the stacking of the grass in the Kheda, as the Kheda belonged to them the accused also started abusing. On it Randhirsingh asked them not t...
Suresh Neema Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-30-1992
Reported in: 1993(43)ECC149; 1992(61)ELT59(MP)
V.D. Gyani, J.1. By this petition under Article 226 of the Constitution, the petitioner, who has been detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short 'the COFEPOSA Act'), in implementation of detention order dt. 8-1-1992 filed as Anns. A and B to the petition, challenges his detention and prays for issuance of a writ of Habeas Corpus.2. Facts leading to the passing of detention order and filing of this petition have been detailed in the grounds of detention Ann. 'C'. Acting on information the officers of Central Excise, Indore, searched silver Refinery of one Keshav Kumar on 15-10-1991 which yielded 192 slabs of silver weighing 154.012 kg. Keshav Kumar on being questioned could not produce any document in support of his legal acquisition of silver slabs in question. It was, therefore, reasonably believed to be foreign origin and illegally smuggled into the country. Thus liable to confiscation under the provisions...
Hasmukhlal Vs. Assistant Commissioner of Income-tax and ors.
Court: Madhya Pradesh
Decided on: Mar-27-1992
Reported in: [1992]198ITR437(MP)
R.K. Verma, J.1. This order shall also govern the disposal of M.C.C. No. 426 of 1991 (Praveen Kumar Bagadia v. Assistant Commissioner of Income-tax).2. By this petition, the petitioner sought review of the order dated November 11, 1991, passed in M. P. No. 1417 of 1991 (see : [1992]195ITR50(MP) ).3. Briefly, the facts leading to this review are as follows :The assets of the petitioner, i.e., jewellery and other valuable articles, were seized under Section 132 of the Income-tax Act and were retained by the respondents by virtue of the order made under Section 132(5) of the Act whereby the petitioner's liability to tax, interest and penalty for the years 1986-87, 1987-88 and 1988-89 were assessed, the heaviest liability being for the year 1988-89 amounting to over Rs. 55,00,000 on a summary assessment. The assets were released to the petitioner by respondent No. 1 acting under the proviso to sub Section 132(5) of the Act upon the petitioner furnishing bank guarantees equivalent to the va...
Prakash Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-27-1992
Reported in: 1993CriLJ119
ORDERS.K. Dubey, J.1. The appellant, a convict under Section 324, IPC, has preferred this revision against the order of sentence of fine of Rs. 1000/-, in default, to three months' rigorous imprisonment, passed on 14-1-1988, by Third Additional Sessions Judge, Morena, in Criminal Appeal No. 87/1986, preferred against the judgment dated 25-2-1986 in Criminal Case No. 108/1984, passed by Judicial Magistrate, First Class, Sabalgarh.2. The incident occurred on 18-1-1985 following a quarrel between PW2 Anandibai, the injured, and acquitted co-accused Lalaram, the uncle of the applicant. A 'danda' of 'chabutra' fell down because of the dash by Lalaram. PW2 started abusing on altercation between the two and on saying of Lalaram the accused, applicant caused a simple injury to Anandibai with a 'Farsa', resulting in an incised wound, 3 1/2 cm x 1/2 x 1 1/2 cm on left middle of head (parietal). The trial Court convicted the applicant under Section 324, IPC, and sentenced him to six months' rigor...
Devidas Vs. Gyanwati Alias Sheel Rani
Court: Madhya Pradesh
Decided on: Mar-26-1992
Reported in: AIR1993MP14; I(1994)DMC131; 1992(0)MPLJ778
R.D. Shukla, J.1. This appeal is directed against the judgment and decree dated 22-1-1990 passed by Distt. Judge, Damoh in Civil Suit No. 22-A/88 whereby the petitioner's (appellant/husband) petition for divorce has been dismissed on the ground of condonation.2. The admitted facts of the case are that the petitioner Devidas was married to Gyanwati alias Sheela Rani somewhere in 1988. They were living together in the paternal house of the petitioner where his other relations (father, mother and brother) were also living. There was some dispute. A Panchyat was held. Thereafter petitioner and respondent separated from the joint family and lived together for about 7-8 months. During her residence as such the respondent was taken to her father's house by her father. She is living with her father till date.3. The petitioner filed a petition for divorce under Section 13 of the Hindu Marriage Act on 13-12-1988 with the allegations that while residing with him in his paternal house respondent t...
Diamond Industries Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Mar-25-1992
Reported in: 1994(0)MPLJ257
ORDERR.C. Lahoti, J.1. Under Section 44(1) of the M. P. General Sales Tax Act, the following question has been referred for opinion of this Court:-'Whether under the facts and circumstances of the case, the Tribunal was justified in holding that stiffed collar lining cloth will not fall under entry No. 6 of Schedule I appended to the Act?'2. The assessee deals in cloth and stiff collar lining. The period of assessment is 1-7-1978 to 30-6-1979. The assessee claims that stiff collar linings are 'cloth' and exempted from tax. The assessing authority held it not to be 'cloth', but liable to tax as stiff collar lining under the residuary entry. The opinion of the assessing authority has been upheld by the Board of Revenue.3. Entry VI in Schedule I describes goods exempted from tax which reads as under :-'6. All varieties of cloth manufactured in mills or on power looms or handlooms including processed cloth (but excluding hessian cloth)'.4. The term 'cloth' is not defined in the Act. It sha...
Manohar Lal Gupta Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-24-1992
Reported in: AIR1993MP52
ORDER1. Early hearing. Shri Ramji Sharma prayed of this matter and that is given to him. The petition is disposed of after hearing counsel on both sides at sufficient length.2. In the first place, Shri Ramji Sharma contended that respondent No. 2 was not to be considered in terms of Annexure P/6 because he is aged 22 years and the petitioner being aged 36 years was eligible to be considered thereunder for the grant of the quarry lease in question. His second contention is that though non-petitioner No. 2 made an application prior in time to the application of the petitioner, both applications had to be considered together and even if an order is passed granting quarry lease in favour of non-petitioner No. 2 reasons should have been communicated to the petitioner for refusing to grant him the lease. These are the maincontentions pressed before us today in this petition.3. In so far as the first contention is concerned, we find no merit in that contention for the short and simple reason ...
Nand Kishore Verma and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-23-1992
Reported in: 1993ACJ1287
T.N. Singh and R.C. Lahoti, JJ.1. Enhancement in this appeal is claimed of compensation awarded for the death of a child, aged 9 years, in a motor accident. The claimants are his father and minor sister. Admittedly, the mother of the child was also a claimant who died during the trial of the claim. She died, it is submitted, being overtaken by excessive grief, unable to withstand the emotional stress due to death of her only son.2. The Tribunal has made an award of Rs. 29,000/- in all and in this appeal the claimants have laid a tall claim for Rs. 7,52,000/-. We do not think that is justified but to some enhancement certainly the appellants are entitled and the claim to that extent is allowed for reasons to follow hereinafter.3. We are of the view that in dealing with this appeal wherein enhancement is claimed of the compensation awarded, it is not necessary to reconsider the question of rash and negligent driving of the vehicle in question. That finding of the Tribunal is binding on u...
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