Madhya Pradesh Court July 1992 Judgments
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Madrusingh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-30-1992
Reported in: 1993CriLJ1584
A.R. Tiwari, J.1. This judgment shall also govern the disposal of Criminal Appeal No. 227/85, filed by the appellants Shanker Singh and Madrusingh who are also appellants, along with four others in this appeal, preferred against the same judgment.2. This appeal has been directed against the judgment dated 10-5-85 in Sessions Trial No. 23/85, rendered by Tenth Additional Sessions Judge, Indore thereby convicting appellant Baliram under Sections. 147 and 302/149 and remaining appellants under Sections. 148 and 302/149 of the Indian Penal Code and sentencing them to suffer imprisonment for life as also Rigorous Imprisonment for two years with a direction that these will run concurrently. Co-accused Bhagirath died during the trial.3. Briefly stated the prosecution case at the trial was that the first wife of the deceased Peerasingh was abducted by Bhagirath (now dead) which had led to an incident of assault on Bhagirath by Peerasingh and his companions. Bhagirath sustained injuries in this...
Subhash Chandra Bhandari Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jul-28-1992
Reported in: 1994(46)ECC143
ORDERA.R. Tiwari, J.1. Being detained in pursuance to the order F.No. 673/9/92-Cus-VIH dated 2.1.1992, passed by the Joint Secretary to the Government of India, the Ministry of Finance, Department of Revenue, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act'), the petitioner detenu through his wife Smt. Bharati Bhandari resident of Indore has assailed the aforesaid order under Article 226 of the Constitution of India praying for the issuance of a writ of habeas corpus for restoration of his liberty.2. Adumberated in brief, the facts relevant to this petition are that the petitioner (detenu) had negotiated with one Rameshbhai to transport the goods from Indore to Delhi in his jeep on Rs. 3,000/-per trip as hire charges. The aforesaid jeep No. MP-89A-9007 was intercepted on Delhi-Mathura road at about 16.00 hours on 16.12.1991, and 27 slabs of silver packed in gunny bags were recovered from a ...
Jamunadas Khanchand Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Jul-27-1992
Reported in: 1993(0)MPLJ462
ORDERR.C. Lahoti, J.1. The Tribunal (Board of Revenue) has drawn up a statement of the facts of the case and referred questions of law arising therefrom for the opinion of this Court under Section 44(1) of M.P. General Sales Tax Act, 1958. On receipt of the reference, the assessee and Commissioner of Sales Tax were both noticed. Though the Commissioner of Sales Tax has made appearance through the Government Advocate, the assessee has chosen to remain absent in spite of having been served with notice of the date of hearing, followed by S. P. C. issued to him for a fixed date of appearance. Indeed, the office reports, that the assessee has not taken steps for preparation of the paper-books which are required to be prepared as per rules so as to enable hearing of the reference before the Division Bench.2. It is clear that the assessee is in default duo. He has not only defaulted in appearance; he has also defaulted in taking steps for preparation of the paper-books. Needless to say, the r...
Union of India (Uoi) Vs. Banshidhar Gopiram
Court: Madhya Pradesh
Decided on: Jul-26-1992
Reported in: 1993(0)MPLJ430
K.M. Agarwal, J.1. This second appeal by the defendant against the reversing Judgment and decree of the lower appellate Court was admitted for hearing on 30-4-1986 on the following two substantial questions of law :--'(1) Whether the notices Ex. P-3 and Ex. P-4 sent by Ramdas are legal and valid notices?' '(2) Whether on the facts and circumstances of the case, the reversing of the decree is proper?' 2. On 17-4-1975, 60 drums of Ground Nut oil were handed over at Salt Coutors on Southern Railway for being carried to Satna on the Central Railway vide invoice No. 2, Railway Receipt No. 213483 dated 17-4-1975. The Railway Receipt was endorsed in favour of the respondent, a partnership firm, which took delivery of the goods on 6-5-1975 at Satna. At the time of taking delivery, it was found that one drum was completely empty and five drums were leaking. As per shortage certificate (Ex. P-2), there was a shortage of 683 kg. of Ground Nut oil, valued at Rs. 5,634.75 paise. After service of no...
Mahadev Bangale Vs. Shanta Bangale and anr.
Court: Madhya Pradesh
Decided on: Jul-24-1992
Reported in: II(1993)DMC537
K.L. Issrani, J.1. The present revision petition is under Section 401 read with Section 482 Cr. P.C., for setting aside the order dated 29.2.1988 passed by Shambhu Singh, 6th Additional Sessions Judge, Bhopal, in Criminal Revision No. 204 of 1987 granting maintenance to the non-applicants under Section 125 Cr. P.C.2. Admittedly, the non-applicant No. 1 is the legally wedded wife of the applicant and the non-applicant No. 2 Kumari Deepali is the legal daughter of the applicant and the non-applicant No. 1.3. The Trial Court had granted maintenance at the rate of Rs. 250/-per month to each of the non-applicants, but the lower revisional Court has reduced the maintenance amount on the revision of the applicant to Rs. 125/- per month from the date of application i.e. 7.2.1985.4. The submission of the learned Counsel for the applicant is that as per Agreement (Ex. D-1), the non-applicant No. 1 is living separately of her own accord and she is not entitled to any maintenance. Moreover, the ap...
Nannu @ Mumtaz Mohammad Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-1992
Reported in: 1992(0)MPLJ993
A.R. Tiwari, J.1. This appeal has been directed against the judgment, delivered by the Sessions Judge, Ratlam in Sessions Trial No. 143/86 on 3-8-1987 thereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life.2. Briefly stated, the prosecution case at the trial was that on 1-2-1986, the appellant and Rajan alias Abdul Wahab (since acquitted by the Trial Court) acted in preconcert and jointly murdered in broad day light one Ayub by assaulting him with a knife in Pathan Toli Mohalla at Jaora. The report (Ex.P/1) was lodged by Sayed Habib (PW-1). The post mortem was performed by Dr. Dhannalal Rathore (PW-11) who gave the report (Ex.P/17). Clothes were seized. The report of Chemical Examiner is Ex.P/16. The knife was seized from the appellant on 4-2-1986 vide seizure memo Ex.P/3. After completion of investigation, challan was filed. The appellant as also the acquitted accused were charged under Section 302 and in the alte...
Hope Textiles Ltd. and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-23-1992
Reported in: [1992(65)FLR770]; (1993)ILLJ603MP
V.S. Kokje, J.1. This is a petition filed by and on behalf of M/s. Hope Textiles Ltd., a company registered under the Companies Act carrying on business of manufacturing textiles in a unit known by the name of the company. On June 6, 1986, a lay-off was declared in the unit of the petitioners' company. An application for permission to lay-off under Section 25M of the Industrial Disputes Act (for short 'the Act'), was made by the company on June 7, 1986. The application was rejected by respondent No. 2 on June 25, 1986. The petitioner company filed certain objections to the aforesaid order dated June 25, 1986, and hearing was to be held on August 2, 1986, on the objections. On that date the petitioner company also moved an application for summoning witnesses to support its stand. This prayer was rejected and on August 2, 1986 itself permission to lay-off was refused. The petitioner company moved a fresh application for permission for lay-off and filed it on September 19, 1986. This appl...
Ambikeshwar Prasad Dubey, Advocate Vs. Hon'ble Chief Justice Shri S.K. ...
Court: Madhya Pradesh
Decided on: Jul-23-1992
Reported in: 1992(0)MPLJ553
ORDERK.M. Agarwal, J.1. Petitioner by Shri L. S. Baghel, Advocate.2. On being questioned, how the Union of India has been shown as Respondent No. 1 in this petition, the learned counsel fairly conceded that no relief has been claimed against it and accordingly wanted to delete the name of Respondent No. 1 from the array of Respondents. Accordingly, we direct that the name of Respondent No. 1 be deleted from the array of respondents during the course of the day.Later on :-3. After deleting the name of the respondent No. 1, Union of India, in pursuance of the order earlier made today, the learned counsel for the petitioner made a prayer for taking up the case for Admission. Prayer allowed and arguments heard on Admission.4. By this petition under Article 226 of the Constitution, the petitioner, who claims to be an Advocate of this Court, has made a prayer for directing the respondents to prepare the roster of this High Court on 20th of each month and for a period of one month. A further ...
New Shakti Iron and Steel Rerolling Mills Vs. State of Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Jul-23-1992
Reported in: 1993(0)MPLJ101
ORDERS.K. Jha, C.J. 1. In this petition purported to have been filed under Articles 226/227 of the Constitution of India, the question that falls for our consideration is as to whether the petitioner is liable to pay any sum by way of purchase tax under the provisions of the M. P. General Sales Tax Act (Sales Tax Act for the sake of brevity), 1958, if it is liable to pay entry tax under the provisions of the M. P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (Entry Tax Act for the sake of brevity) and if so, at what rate.2. The petitioner is a registered dealer under the Sales Tax Act. It manufactures steel, mild steel, rods and alloyed goods, its factory being located at Indore Estate, Man war Road, Indore. For the purpose of manufacturing the aforesaid goods, the petitioner purchases iron scraps, ingots and billets as raw material. Admittedly sales tax is payable on the finished goods at the rate of 4% under Section 6(1) of the Sales Tax Act, read with Entry 1 of Part I...
P.C. Rajput Vs. State Govt. of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-22-1992
Reported in: AIR1993MP107; 1994(0)MPLJ387
M.V. Tamaskar, J.1. This revision shall also govern the disposal of Civil Revision No. 481 of 1988 (State Govt. of Madhya Pradesh v. P. C. Rajput).2-3. The applicant/claimant had entered into a contract with the State Govt. of Madhya Pradesh on 26-10-1983 for construction of masonry structures on the right bank of the main cannal of Kolar Project in (Cms. 6 to 11 including the gap filling in masonry structure. The work also included construction of five road bridge Section The work was to be completed by 26-10-1984. The period of contract was 12 months.4. The work order was issued on 27-10-1983. After the completion of twelve months i.e. 26-10-1984 the same was extended on request of the claimant/applicant and remained in operation till 29 months up to 28-6-86. However, the contract was terminated on 28-3-86 on the refusal of the applicant/contractor to execute the work vide Ex. P-3. The construction cost of masonry structure of B.B.M.C. of Kolar Project in Kms. 6 to 11 including the g...
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