Madhya Pradesh Court April 1994 Judgments
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Babulal Vs. Surendra Kumar Patidar and ors.
Court: Madhya Pradesh
Decided on: Apr-07-1994
Reported in: AIR1995MP84
ORDERA.R. Tiwari, J. 1. The petitioner was the objector before the District Magistrate, Khar-gone (respondent No. 2) against the grant of permission to respondent No. 1 to exhibit films through VCR in diverted land SN 316 area Order 129 hectares situated in Kasba Kasravad Bujurg. The objections were overruled and change of place was allowed by respondent No. 2 by order dated 25-1-1994 (Annexure N). This order is under challenge in this petition. 2. Facts in brief are that earlier licence was granted on the basis of relevant rules framed under the M.P. Cinema (Regulation) Act, 1952 on 18-4-1991 {Annexure A) to exhibit films in the house of one Pannalal Patidar for the period ending on 31-12-1991. Thereafter on 15-11-1991 a show cause notice (Annexure B) was issued to suspend the license on the ground of unauthorised alteration of place of exhibition i.e. the place, just 70/80 ft. away from New Nimar Talkies. The respondent No. I accepted the fault on 28-12-1991 (Annexure C) and prayed f...
Vikas Vs. All Concerned
Court: Madhya Pradesh
Decided on: Apr-07-1994
Reported in: AIR1995MP131
ORDERS.K. Dubey, J.1. This is a revision petition under Section 115 of the Code of Civil Procedure, against the order dated 13-1-1994, passed by Civil Judge, Class I, Sironj, District Vidisha in Misc. Case No. 4 of 1993, dismissing the application filed by the petitioner under Section 276 of the Indian Succession Act, 1925, for short, the 'Act', for grant of probate.2. The application for grant of probate was filed by the petitioner in the Court of Civil Judge, Class I, on the basis of the will executed on 29-7-1989 in favour of the petitioner relating to the amount of the fixed deposit receipts valued at Rs. 31,000/-.3. Civil Judge, Class I is appointed as delegate of the District Judge by the High Court under Section 268 of the Act and under Section 10(1) of the M. P. Civil Courts Act, 1958, to grant probates and letters of administration in non-contentious cases within the Local limits of the area, as prescribed. In the petition for grant of probate after issue of citation, no objec...
Food Corporation of India and anr. Vs. D.K. Roadlines
Court: Madhya Pradesh
Decided on: Apr-05-1994
Reported in: AIR1994MP155; 1994(0)MPLJ902
K.L. Issrani, J.1. The present appeal is against the order dated 29-1-1994 passed by the Court of IXth Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No. 3-A/94 (D. K. Headlines v. Food Corporation of India), injuncting the appellants not to call any tenders or enter into any agreement to that effect till the tender of the plaintiff-respondent is disposed of by them.2. According to the appellants for long route transport work of the appellants --Food Corporation of India, the District Manager at Jabalpur had invited quotations from the local parties. In the tenders invited, the respondent also submitted his tender. The tenders were opened on 30-11-1993 and the District Manager at Jabalpur, the appellant No. 2, submitted his recommendations to the Regional Manager, appellant No. 1, at Bho-pal as he is the final authority in the matter, the appellants further submit that the appellants in a meeting held on 7-12-1993 took adecision to invite fresh tenders at the l...
Commissioner of Income-tax Vs. Smt. Rama Devi Jaiswal
Court: Madhya Pradesh
Decided on: Apr-05-1994
Reported in: [1996]219ITR753(MP)
U.L. Bhat, C.J.1. These are applications filed by the Revenue under Section 256(2) of the Income-tax Act, 1961. The dispute relates to assessments for the years 1971-72, 1972-73 and 1973-74 as also penalty proceedings for the year 1973-74.2. The respondent's husband, the late Ganesh Prasad Jaiswal, filed a return for the assessment year 1972-73 on February 29, 1973, on behalf of his Hindu undivided family. He showed the income of Rs. 32,634. The income was an income from immovable property as well as income from two foreign liquor shops and share of income from three firms. On January 20, 1975, he filed a revised return showing the income of Rs. 29,570 as an individual and contending that there was a partial partition of the Hindu undivided family on March 30, 1970. According to his version, in the partial partition, the movables were divided amongst the members while the immovable property was left undivided. He did not maintain regular books of account. On February 10, 1974, certain ...
Hans Dal Mill Vs. Sales Tax Commissioner
Court: Madhya Pradesh
Decided on: Apr-05-1994
Reported in: 1994(0)MPLJ936
ORDERT.S. Doabia, J.1. This is an application under Section 44(4) of the M. P. General Sales Tax Act, 1958 (hereinafter referred to as the 1958 Act) by a dealer dealing in the business of whole pulses and broken pulses. In this application, the assessee wanted three questions of law to be referred to this Court but at the time of arguments, he restricted his submissions to seek a reference with regard to the questions mentioned at S. No. (B) and (C). The English rendering of the questions of law has been given in the petition and these are reproduced below :-'(B) Whether S.T.O. alone is competent authority to impose order of penalty under Section 7(6) of the Entry Tax Act and hence the impugned penalty is illegal and without jurisdiction?(C) Whether the impugned penalty can be said to be just and legal as it has been imposed by ignoring the Explanation that omission to affix seal as required by Section 7(1) of the Act in respect of transactions relating to manufactured broken Dal was a...
Goverdhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-05-1994
Reported in: 1995CriLJ633
J.G. Chitre, J. 1. The appellant has filed this appeal for impugning the order of conviction and sentence recorded against him by the learned Sessions judge Mandsaur in S.T. No. 10 of 1988 by which the appellant has been convicted for an offence under Section 366, IPC and has been sentenced for R.I. for four years.2. The prosecution case in brief is that on 7-1-88 the appellant gave a message to Sadhana daughter of P.W.2 Nandkishore that her father Nandkishore had called her to Pashupati Nath temple at Mandsaur. Believing that message, Sadhana left her parents' house. Thereafter, the appellant and Sadhana went to Mandsaur and at Mandsaur, after taking DARSHAN of Lord Pashupatinath, the appellant told her that she should marry with him otherwise, he would put her to defamation which would make it difficult for her to marry. Thereafter, the appellant took her to a Notary, stationed at District Court premises and got an affidavit sworn declaring that she was marrying the appellant. The pr...
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