Madhya Pradesh Court May 1994 Judgments
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Zebunnisa Wd/O Sheikh Hakeem Vs. District Magistrate and anr.
Court: Madhya Pradesh
Decided on: May-13-1994
Reported in: 1995(0)MPLJ417
ORDERM.V. Tamaskar, J.1. The petitioner is mother of the detenu Alloo alias Alim son of Sheikh Hakeem, resident of Naya Mohalla, P. S. Omti, Jabalpur.2. The District Magistrate, Jabalpur being satisfied that with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of public order, in exercise of powers under Section 3(3) of the National Security Act passed an order dated 12-10-1993.3. Copy of the grounds was served on detenu. They are six in number. Along with the copy of the grounds, the detenu was also served with the copies of other documents. The order of detention dated 12-10-1993 was approved by the State Government, vide order dated 23-10-1993. The same was placed before the Advisory Board. The Advisory Board found that there was sufficient material for detention and forwarded its report to the Government which confirmed order of the detention of the detenu for a period of one year from the date of detention, vide order dated 19-11-1993.4. Learn...
Smt. Zebunnisa Vs. District Magistrate and anr.
Court: Madhya Pradesh
Decided on: May-13-1994
Reported in: 1995CriLJ2624
M.V. Tamaskar, J.1. The petitioner is mother of the detenu Alloo alias Alim son of Sheikh Hakeem, resident of Naya Mohalla, P.S. Omti, Jabalpur.2. The District Magistrate, Jabalpur being satisfied that with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of public order, in exercise of powers under Section 3(3) of the National Security Act passed an order d/-12-10-1993.3. Copy of the grounds was served on detenu. They are six in number. Along with the copy of the grounds, the detenu was also served with the copies of other documents. The order of detention dt. 12-10-1993 was approved by the State Government, vide order dt. 23-10-1993. The same was placed before the Advisory Board. The Advisory Board found that there was sufficient material for detention and forwarded its report to the Government which confirmed order of the detention of the detenu for a period of one year from the date of detention, vide order dt. 19-! 1-1993.4. Learned counsel for...
Rubber Products Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: May-13-1994
Reported in: 1995(75)ELT280(MP)
ORDERA.R. Tiwari, J.1. An erstwhile partnership firm M/s Rubber Products claims that it is now a proprietary concern owning a factory at village Sejvaya, District Dhar for manufacture of Rubber foam sheets and plywood. M/s. Dayal Laminates of Makai Nagia, manufacturer of paper surfaced Hard board and decorative laminate is said to be a private limited Company registered under the Companies Act. The department felt that M/s. Rubber Products an alleged proprietary concern owned by one R.N. Kapur is nothing but a front company i.e. M/s. Dayal Laminates (P) Ltd. owned by Sahebdass and Gurucharandas and that martrecious (sic) segregation has been designed in a ruse to earn eligibility of the exemption from payment of duty in terms of the Notification No. 175/86 dated 1-3-1986.2. Pursuant to the report of the intelligence, the Central Excise Officers conducted simultaneous raid on 9th and 10th October, 1991 on the alleged two units and seized documents. After show clause notice and order of ...
D.K. Paliwal and ors. Vs. Editor, Dainik Bhaskar and ors.
Court: Madhya Pradesh
Decided on: May-12-1994
Reported in: 1994(0)MPLJ807
ORDERT.S. Doabia, J.1. Pen may be mightier than sword but its wielder cannot be permitted to cause ripples in the serene and smooth flow of the stream of justice. The goodness of the motive to expose an evil is not the criterion in cases of contempt committed by members of Fourth Estate. Law in its wisdom considers it of greater consequence that the stream of justice be kept clear and pure and it must in the name of public interest and public justice strike a blow on him who challenges its supremacy. Before we proceed to notice the factual and legal position with a view to determine whether the respondents have in fact fouled the very source and the stream we would like to quote what Davis, C. J. said in the leading judgment of Full Bench in Emperor v. P. C. Tarapore, AIR 1940 Sind 239 :'It is immaterial whether the attack on the Judge is with reference to a case about to be tried or actually under trial or recently adjudged : in each instance the tendency is to poison the fountain of ...
D.K. Paliwal and ors. Vs. Editor, Dainik Bhaskar News Paper and ors.
Court: Madhya Pradesh
Decided on: May-12-1994
Reported in: 1994CriLJ2933
T.S. Doabia, J.1. Pen may be mightier than sword but its wielder cannot be permitted to cause ripples in the serence and smooth flow of the stream of justice. The goodness of the motive to expose an evil is not the criterion in cases of contempt committed by members of Fourth Estate. Law in its wisdom considers it of greater consequence that the stream of justice be kept clear and pure and it must in the name of public interest and public justice strike a blow on him who challenges its supremacy. Before we proceed to notice the factual and legal position with a view to determine whether the respondents have in fact fouled the very source and the stream we would like to quote what Davis, C.J. said in the leading judgment of Full Bench in Emperor v. P.C. Tarapore, AIR 1940 Sind, 239 : (1941 (42) Cri LJ 1).It is immaterial whether the attack on the Judge is with reference to a case about to be tried or actually under trial or recently adjudged : in each instance the tendency is to poison ...
Bafati Vs. Ram Gopal and ors.
Court: Madhya Pradesh
Decided on: May-11-1994
Reported in: AIR1995MP119
ORDERShacheendra Dwivedi, J. 1. The present petition has been preferred under Article 227 of the Constitution of India. A brief narration of facts is necessary before dealing with the points of controversy.2. The respondent No. 1 had filed a suit for the eviction of the petitioner from the suit premises on the grounds of Section 12(1)(c)(f)(k)(o) of the M.P. Accommodation Control Act, 1961. The evidence was recorded in the suit, but the suit was, later on, compromised on 22-12-1972. A decree was drawn, in accordance with the terms of compromise.3. Under the Compromise decree, the petitioner was required to deliver possession of a specified portion out of the suit premises by 31-12-1972 and the remaining portion was to be vacated within a period of five years from 1st of January, 1973.4. Acting upon the terms of the compromise decree, the petitioner had vacated the specified portion of the suit accommodation before 31-12-1972. However, the possession of the remaining accommodation remai...
Shakir S/O Moriya Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-11-1994
Reported in: 1994(0)MPLJ685
ORDERU.L. Bhat, C.J.1. The petitioner has been detained by order of the respondent No. 2 under Section 3(2) of the National Security Act, 1980 (hereinafter called 'the Act' for short) (Annexure P/2) passed on 22-7-1993. The grounds of detention were served on 25-7-1992. The detenu did not make a written representation. The matter was referred to the Advisory Board. The detenu was made to appear before the Advisory board on 18-8-1993. The Advisory Board gave him a personal hearing and reported that there is sufficient cause for detention. The State Government by order dated 3-9-1993 confirmed the detention and fixed the period of detention as twelve months. Petitioner filed this habeas corpus petition challenging the legality of the order of detention.2. The writ petition was heard at the Gwalior Bench of the High Court. On behalf of the petitioner two contentions were urged before the Bench.The first contention was that the order of confirmation was passed mechanically and without appl...
Shakir Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-11-1994
Reported in: 1994CriLJ2775
ORDERU.L. Bhat, C.J.1. The order of the Court was delivered by U.L. Bhat, C.J.- The petitioner has been detained by order of the respondent No. 2 under Section 3(2) of the National Security Act, 1980 (hereinafter called 'the Act' for short) (Annexure P/2) passed on 22-7-1993. The grounds of detention were served on 25-7-1992. The detenu did not make a written representation. The matter was referred to the Advisory Board. The detenu was made to appear before the Advisory Board on 18-8-1993. The Advisory Board gave him a personal hearing and reported that there is sufficient cause for detention. The State Government by order dated 3-9-1993 confirmed the detention and fixed the period of detention as twelve months. Petitioner filed this habeas corpus petition challenging the legality of the order of detention.2. The writ petition was heard at the Gwalior Bench of the High Court. On behalf of the petitioner two contentions were urged before the Bench. The first contention was that the orde...
Baddibai and ors. Vs. Balvindra Singh and ors.
Court: Madhya Pradesh
Decided on: May-11-1994
Reported in: II(1995)ACC439; 1995ACJ448
R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 19.11.1985 of the Motor Accidents Claims Tribunal, Jhabua, passed in Claim Case No. 66 of 1984 whereby the claimants-appellants were awarded compensation of Rs. 15,000/-for the death of Somji Parmar, resident of Machhaliya.2. This is not in dispute that claimant-appellant Baddibai is the widow of Somji and claimant-appellant Nos. 2 to 6 are the sons and daughters of deceased Somji.Somji died in the motor accident on 1.11.1984 at about 1.00 p.m. in village Machhaliya. It is alleged that Somji was standing in front of the tea-stall, meanwhile truck No. GDR 15684, driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3 came with a high speed. It struck Somji who sustained injuries and died in consequence thereof. This claim petition was filed on 19.11.1984. Respondent Nos. 1 and 2 remained exparte before the Tribunal and they remained so here also. Respondent No. 3, insurance compan...
Eastern Air Products Pvt. Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: May-10-1994
Reported in: 1995(0)MPLJ14
ORDERM.V. Tamaskar, J.1. A composite reference is made by the Board of Revenue for the Assessment years 1-10-1977 to .30-9-1978 and 1-10-1979 to 30-9-1980.2. The applicant is engaged in the manufacture of industrial gases. He had effected the entry of cylinders for packing gas sold by him to various customers. The applicant's contention before the assessing authority was that the cylinders used for packing of industrial gas were not packing material and as such not exigible to tax, under M. P. Sthaniya Kshetra Me Mal Ke Pravesh Per Kar Adhiniyam, 1976, for short Entry Tax Act. The assessing authority negatived the contention as also the appellate authority.3. In the second appeal Board of Revenue accepted the submission of assessee that the cylinders did not fall under Entry 'Packing Material', but on the other hand will fall under entry, 'Plant and Machinery' as such, during the assessment period entry of cylinders was not exigible to Entry Tax. The assessee placed reliance on Commiss...
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