Madhya Pradesh Court July 1994 Judgments
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Commissioner of Income-tax Vs. Gupta Oil and Flour Mills
Court: Madhya Pradesh
Decided on: Jul-18-1994
Reported in: [1994]210ITR709(MP)
U.L. Bhat, C.J.1. This is a reference made at the instance of the Revenue by the Income-tax Appellate Tribunal, under Section 256(1) of the Income-tax Act, 1961. The following questions have been referred :'(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in coming to the conclusion that there was no change in the constitution of the firm after the death of Shri Ramcharan Omar, on August 28, 1977, when his wife joined the firm as partner ? (ii) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in granting registration to the firm for part of the period holding that the case is of a complete dissolution when there was no application in Forms Nos. 11 and 11A ?' 2. The respondent-assessee is not represented. We have heard the Central Government standing counsel.3. Ramcharan Omar was one of the partners of the assessee-firm. He died on August 28, 1977, during the accounting year...
Larsen and Toubro Ltd. Vs. the Director of Industrial Health and Safet ...
Court: Madhya Pradesh
Decided on: Jul-18-1994
Reported in: [1995(70)FLR191]; (1995)IILLJ158MP
A.R. Tiwari, J.1. The petitioner is a company registered under the Companies Act, 1956. It owns the factory and is engaged in manufacturing activity. The owner of the factory has a right to nominate someoneas 'occupier' of the factory for the purpose of obtaining licence to run a factory in terms of Section 6 of the Factories Act, 1948 read with Rules 4,6 and 7 of the M.P. Factories Rules, 1962. The owner of the factory duly nominated and designated S.R.R. Subramaniam its Managing Director to be the occupier in respect of the aforesaid factory at Pithampur. The licence was granted in Feb. 90. The Factory thereafter commenced production. The licence is renewable every year. It was renewed on March 17, 1993 (Annexure P/1). The Factories Act, 1948 was amended in 1987. The aforesaid person found it difficult to ensure day to day affairs on various procedural law and regulations relating to the factory. Consequently at meeting held on June 20, 1993 the Board of Directors of the petitioner p...
Usha Devi W/O Satish Chandra Malhotra and ors. Vs. State of Madhya Pra ...
Court: Madhya Pradesh
Decided on: Jul-15-1994
Reported in: 1995(0)MPLJ113
ORDERD.M. Dharmadhikari, J.1. The petitioner No. 1- Smt. Usha Raje is the daughter of ex-ruler of Indore State - Maharaja Yeshwant Rao Holkar. Petitioner No. 2 is the husband of the petitioner No. 1. Petitioner No. 3 called Princess Usha Trust was constituted by an indenture of trust created by the late ex-ruler executed by him on 10-4-1950. The petitioner No. 4 - Devi Ahilyabai Educational Trust was constituted by a trust-deed executed on 18-12-1973 by Princess Usha Devi who transferred all the properties to the charitable trust.2. Maharaja Yeshwantrao Holkar, the ex-ruler was the owner of all the lands within the Holkar State which included agricultural lands. Before 1950 the Indore Land Revenue and Tenancy Act, 1931 governed the law relating to the land tenures in the erstwhile Holkar State. 'Under Section 27 of the said Act of 1931 the entire land of Holkar State was the property of Maharaja and no person could get any portion of the land without a lawful authority from him. The sa...
Ramswaroop Nonelal Rajput Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-15-1994
Reported in: 1995(0)MPLJ638
P.N.S. Chouhan, J.1. Appellant Ramswaroop challenges his conviction under Section 302, Indian Penal Code and sentence of imprisonment for life awarded by Additional Sessions Judge, Panna, vide judgment, dated 12-1-1988, in S. T. No. 52/86.2. On 8-9-1986, an incident took place in the field known 'Rariya' belonging to Gambheer Singh (PW 1) within the jurisdiction of Gunaur Police Station, District Panna, in which the gun in the hands of the appellant was fired and deceased Chhutteraja was hit in the neck as a result of which he died, is not in dispute. It is also not disputed that the relations of the deceased and Gambheer Singh were inimical with the appellant as Gambheer Singh and deceased had actively supported Ayodhya Prasad in the election who defeated his rival the appellant. A few days prior to the incident, there was a quarrel between the deceased and Hari Bai who is related as SAMDHAN with the appellant.3. The prosecution case is that after the quarrel between the deceased and ...
Ramswaroop Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-15-1994
Reported in: 1995CriLJ1707
P.N.S. Chouhan, J.1. Appellant Ramswaroop challenges his conviction Under Section 302, IPC and sentence of imprisonment for life awarded by Additional Sessions Judge, Panna, vide judgment, dated 12-1-1988, in S.T. No. 52/86.2. On 8-9-1986, an incident took place in the field known 'Rariya' belonging to Gambheer Singh (P.W. 1) within the jurisdiction of Gunaur Police Station, District Panna, in which the gun in the hands of the appellant was fired and deceased Chhuteraja was hit in the neck as a result of which he died, is not in dispute. It is also not disputed that the relations of the deceased and Gambheer Singh were inimical with the appellant as Gambheer Singh and deceased had actively supported Ayodhya Prasad in the election who defeated his rival the appellant. A few days prior to the incident, there was a quarrel between the deceased and Hari Bai who is related as SAMDHAN with the appellant.3. The prosecution case is that after the quarrel between the deceased and Hari Bai a Pan...
Sweety Khandelwal and ors. Vs. Divisional Secretary, Board of Secondar ...
Court: Madhya Pradesh
Decided on: Jul-14-1994
Reported in: AIR1995MP64; 1994(0)MPLJ838
ORDERA.R. Tiwari 1. Twenty students of St. Raphael's Girls Higher Secondary School, Indore with insignia of 'loving service'. Irked by indomitable insistence of respondent No. 4 to implement own policy of evaluation in disregard of reiterated instructions of Joint Director, Public Instructions, Indore (Annexure P/14) arc before me in this petition under Article 226/227 of the Constitution of India for issuance of writ of mandamus to secure enforcement of Annexure P/14 and revision/declaration of results of 1993-94 examination on that basis. 2. Facts first. First fourteen, students were the candidates in examination of 9th Class and next six students appeared in examination of 11 th Class held by respondent No.4. The school though non-aided and religious minority institution, is affiliated with Board of Secondary Education, Bhopal. The respondent No. 2 issued circular dated 1-5-87 (Annexure P/l) to demand preparation of result on the basis of marks obtained in (Annual Examination. The c...
Gangacharan Baijnath Prasad Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1994
Reported in: 1994(0)MPLJ792
ORDERU.L. Bhat, C.J.1. The petitioners herein have been convicted for offences including the offence punishable under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life. They submitted applications through the Superintendent, Central Jail, Gwalior, praying for release on licence under Section 2 of the Madhya Pradesh Prisoners' Release on Probation Act, 1954, for short, the Act' and Rule 6 of the Madhya Pradesh Prisoners' Release on Probation Rules, 1964, for short, the 'Rules'. The State Government rejected the applications on consideration of the views of the Probation Board which acted on the recommendation of the District Magistrate. The respective orders of the State Government are under challenge in these cases.2. In Misc. Civil Case No. 47 of 1988, State v. Chandersingh and Anr. of the Indore Bench of the High Court, the Court took the view that an application for release has to be disposed of on consideration of the applicants' antecedents only prior t...
State of Madhya Pradesh Vs. Ramdeo Bichhalal Agrawal and anr.
Court: Madhya Pradesh
Decided on: Jul-13-1994
Reported in: 1995(0)MPLJ197
D.P.S. Chouhan, J.1. The respondents-accused were prosecuted under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short hereinafter referred to as 'the Act'). The sample of groundnut oil was taken from the shop of Ramdev Agrawal, who was running a business of General Merchandise and the respondent No. 2 was prosecuted as tin was sealed in his firm and it was purchaser and supplier. After the report of the Chemical Analyst, the Food Inspector filed a complaint before the Chief Judicial Magistrate, Ambikapur, District Surguja.2. The trial Court acquitted the respondent No. 2 on the ground that the prosecution has failed to establish that the Shyam Brand Oil was manufactured by the Firm known as 'Poonam Oil Industries' and further that the same was given to respondent No. 1 Ram Dev Agrawal for sale. In the absence of evidence on record, the respondent No. 2 was acquitted. Ramdev Agrawal was also acquitted by the trial Court vide its judgment and order dated 14-5-1985. ...
Baliram Latori Singh and anr. Vs. Prem Totaram and anr.
Court: Madhya Pradesh
Decided on: Jul-13-1994
Reported in: 1994(0)MPLJ993
ORDERS.K. Dubey, J.1. This is an application under Order XLI, Rule 1 of the Code of Civil Procedure for obtaining, a review of the judgment and the decree passed in Second Appeal No. 311 of 1973 on 2-9-1987 by R. M. Rustogi, J., who is no more in this world.2. Facts giving rise to this review petition are these. The plaintiffs/applicants filed a suit for declaration of title to agricultural land, as described in the plaint and for correction of entries in the annual village papers. According to the plaintiffs, the suit lands were khudcasht lands of their father who was Zamindar. The defendant cultivated the suit lands on Batai from Samvat 2001 to 2004 who then voluntarily gave up the possession of the suit lands in Samvat 2004. The defendant was, thus, in possession of the suit lands at the time of enforcement of the M. B. Zamindari Abolition Act, 1951. The plaintiffs contended that the defendant's name was wrongly entered as sub-tenant in the annual village papers in Samvat 2008. On 4...
Gangacharan Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1994
Reported in: 1995CriLJ383
U.L. Bhat, C.J.1. The petitioners herein have been convicted for offences including the offence punishable under Section 302, IPC and sentenced to undergo imprisonment for life. They submitted applications through the Superintendent, Central Jail, Gwalior, praying for release on licence under Section 2 of the Madhya Pradesh Prisoners' Release on Probation Act, 1954, for short, the 'Act' and Rule 6 of the Madhya Pradesh Prisoners' Release on Probation Rules, 1964, for short, the 'Rules'. The State Government rejected the applications on consideration of the views of the Probation Board which acted on the recommendation of the District Magistrate. The respective orders of the State Government are under challenge in these cases.2. In Misc. Civil Case No. 47 of 1988 (State v. Chandersingh) of the Indore Bench of the High Court, the Court took the view that an application for release has to be disposed of on consideration of the applicants' antecedents only prior to the commission of the cr...
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