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Madhya Pradesh Court September 1993 Judgments

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Sep 09 1993

Birla Jute and Industries Ltd. and ors. Vs. Union of India (Uoi) and a ...

Court: Madhya Pradesh

Decided on: Sep-09-1993

Reported in: 1994(69)ELT14(MP); 1993(0)MPLJ924

ORDERP.P. Naolekar, J. 1. This is a petition under Articles 226 and 227 of the Constitution of India; whereunder the petitioners have challenged the validity of show cause notice dated 29-5-1992, issued by the Collector of Central Excise, Raipur, raising demands invoking the extended period of limitation provided for under the proviso to Section 114(1) of the Central Excises and Salt Act, 1944 (1 of 1944) (hereinafter referred to as the 'Act'). The show cause notice issued on 29-5-1992 relates to the period 1-4-1987 to 31-3-1992 containing allegations in respect of two units viz. M/s. Satna Cement Works, Satna and M/s. Birla Vikas Cement, Satna, both of which belong to M/s. Birla Jute and Industries Ltd.2. The petitioner No. 1 Birla Jute and Industries Ltd. is an existing company within the meaning of the Companies Act, 1956, having its registered office at Calcutta, West Bengal. The Company owns, inter alia, the cement division which comprises cement plants at Satna in M. P., Chittorg...


Sep 09 1993

Bhagwati Prasad and anr. Vs. Teermal Borla

Court: Madhya Pradesh

Decided on: Sep-09-1993

Reported in: I(1994)ACC295; 1994ACJ700

R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 4.4.1984 of the Motor Accidents Claims Tribunal, West Nimar, Mandleshwar, passed in Claim Case No. 23 of 1983 whereby the respondent has been awarded a compensation of Rs. 12,000/- with interest at the rate of 12 per cent per annum for the death of his son, Dongarsingh, who died in an accident by tractor on 27.8.1982.2. The brief history of the case is that respondent filed a petition before the Tribunal with the assertions that on 27.8.1982 his son, Dongarsingh, aged about 7 to 8 years was playing in front of his house, a tractor driven by non-applicant No. 2, i.e., Shantilal came on the spot. It was being driven at a high speed and without blowing any horn it ran over Dongarsingh who sustained injuries and died on the spot. He demanded Rs. 1,00,000/- as compensation for the same.3. The non-applicants-appellants here are father and son. They denied the claim and pleaded that the accident never occurred from ...


Sep 03 1993

Dr. Rupal Bandi Vs. State of M.P. and anr.

Court: Madhya Pradesh

Decided on: Sep-03-1993

Reported in: AIR1994MP103

V.S. Kokje, J.1. This order shall govern the disposal of M.P. No. 1125/93, Dharmendra Jhawar v. State of M. P., M.P. No. 1161/93 Dr. Ashmeet Choudhary v. State of M.P., M.P. No. 1173/93 Dr. Vijay v. State of M.P. and M.P. No. 1400/93 Dr. Samir v. State of M.P. which were heard together as they involved common points.2. The Petitioners in all the aforesaid cases were candidates at the Entrance Examination held for admission to Post Graduate Courses in the Government Medical Colleges of the State of Madhya Pradesh. The Examination is referred to hereafter as Pre-P.G. Examination.3. The petitioner in this case, has had a meritorious record throughout his educational career. After passing the M.B.B.S. Examination in the year 1992 he commenced his one year compulsory rotating internship on 1st June, 1992. The Petitioner in M. P. No. 1125/93, Dr. Dharmendra Jhawar has also been a meritorious student throughout his educational career. He completed his M.B.B.S. Course in the year 1992 and comm...


Sep 02 1993

Sudhir Kumar JaIn Vs. Union of India (Uoi) and ors.

Court: Madhya Pradesh

Decided on: Sep-02-1993

Reported in: 1995(51)ECC82

ORDERM.W. Deo, J.1. By this petition under Article 226 of the Constitution of India, the petitioner, who has been detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act'), challenges his detention order dated 12.11.1992, Annexure 'P-1' in English and Annexure 'P-2' of even date in Hindi and prays for issuance of a writ of Habeas Corpus. 2. The material facts leading to the passing of the detention order and the filing of this petition are detailed in Annexure 'P-3' of the petition and the petition itself. They are as follows: The petitioner was an occupant of a truck bearing registration number CII-6177 which was driven by another person as a driver. The said truck was intercepted by the sales tax authorities near Indore and was found to have 199 smuggled silver slabs bearing foreign markings. The sales tax authorities informed the Customs and Central Excise Head Quarters, Indore the same day, i....


Sep 02 1993

Humera Bhanu and ors. Vs. Cholan Roadways Corporation

Court: Madhya Pradesh

Decided on: Sep-02-1993

Reported in: II(1995)ACC378

K.A. Thanikkachalam, J.1. C.M.A. No. 546 of 1985 is directed against the award passed in M.C.O.P. No. 170 of 1984, whereas C.M.A. No. 547 of 1985 is directed against the award passed in M.C.O.P. No. 173 of 1984, on the file of the Motor Accident Claims Tribunal, Tiruchirappalli. The appellants in C.M.A. Nos. 546 and 547 of 1985 are minor daughter and wife and minor children of the deceased respectively.2. The brief facts which are necessary for the disposal of these appeals are as under:On 14.2.1984 at about 6 p.m. one Syed Ghouse was riding on his motor cycle, bearing registration No. TNJ 2592 with his daughter Humera Bhanu (appellant in C.M.A. No. 546 of 1985) as pillion rider. They were proceeding towards East on the left side of the road. At that time, the bus bearing the registration No. TMN 4749, belonging to the respondent-Corporation, was coming behind the motor cycle. The bus was driven by the driver in a rash and negligent manner. The motor cycle was going in a normal speed o...


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