Madhya Pradesh Court August 1994 Judgments
Dr. (Smt.) Mradula Sharma Vs. State of Chief Commissioner, M.P. Bharat ...
Court: Madhya Pradesh
Decided on: Aug-31-1994
Reported in: AIR1995MP88
ORDERT.S. Doabia, J.1. This is a petition under Articles 226 and 227 of the Constitution of India. In this petition, a prayer has been made for issuing a direction for expunging certain observations made in letter marked as P5 to P10.2. A preliminary objection has been taken by the respondents that the respondent M.P. Pradeshik Scouts and Guides does not fall within the definition of the term 'State' as contemplated by Article 12 of the Constitution of India. It has been contended that the respondent-organisation is a society registered under the Societies Registration Act, 1860 (hereinafter referred to as the 'Act') and as such, it would not be amenable to writ jurisdiction.3. As noticed above, the respondent No. 2 against whom a direction is being sought is a society registered under the Act. It has several office bearers and some functionaries of the State are also associated with this society. The president of the society is supposed to be a citizen of this country and he holds the...
Tag this Judgment!Bijli Karmachari Sangh and ors. Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1994
Reported in: [1995(70)FLR304]; (1995)IILLJ395MP
T.S. Doabia, J.1. This order shall govern disposal of W.P. No.932 of 1993 (Udai Wacha Sunder v. M.P. Electricity Board and W.P. No. 1003/92 (Smt Sita Devi v. M.P. Electricity Board and Ors.) also. Facts have been taken from W.P. No. 467 of 1993.2. This is a petition under Article 226 of the Constitution of India. One Laxman Das, father of petitioner No. 3. was in the employment of the M.P. Electricity Board. While in service, he died. The death took place on May 17, 1979. Even though the petition has been filed by three petitioners, the claim to appointment on compassionate grounds is made by the petitioner No. 3 alone. This claim is being denied by the Board on the ground that as per the policy of the Board, the benefit of appointment on compassionate grounds can be granted only to that legal heir where the deceased employee had rendered less than 15 years of service.3. The learned counsel for the petitioners has argued that this cut off period of 15 years has no relation with the ult...
Tag this Judgment!Commissioner of Sales Tax Vs. Irfan and Co.
Court: Madhya Pradesh
Decided on: Aug-31-1994
Reported in: [1994]95STC608(MP)
U.L. Bhat, C.J.1. The Board of Revenue, Madhya Pradesh, has referred the following questions at the instance of the Revenue under Section 44 of the M.P. General Sales Tax Act, 1958 :'(1) Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the consideration paid by the dealer to the Forest Department was in lieu of the sale of mahul patta to the deafer and not as licence fees as contended by the Revenue ?(2) Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that no manufacturing process is involved in the packing of mahul patta and as such no new commodity has come into existence which can be subjected to tax ?'2. The assessment in question relates to two periods, namely, March 9, 1977 to December 31, 1977 and January 1, 1978 to December 31, 1978. The licensee is a dealer in mahul patta. For the two periods aforesaid, he had taken on contract from the State Government the right to collect mahul patta fr...
Tag this Judgment!State of Madhya Pradesh Vs. Anilkumar Birdichand JaIn and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1994
Reported in: 1995(0)MPLJ452
R.D. Shukla, J.1. This appeal, by the State, is directed against the judgment of acquittal, passed by the Additional Sessions Judge, Shajapur, in Sessions Trial No. 43/86, whereby the accused respondents have been acquitted of the offence punishable under Sections 302, 201 and 109/34 of the Indian Penal Code, for having committed murder of Sanjay son of Basantkumar, a child aged about 12 years, between 20th September 1985 at about 11 a.m. to morning of 21-9-1985 and causing disappearance of the body by severing the head, leg and burning it with the help of kerosene.2. The brief stated facts are that .Sanjay Kumar was a student of a school. On 20th September 1985, as usual, he left for school at 11.00 a.m., but he did not come back in the evening at 5.00 p.m., as such a search was made by the members of the family i.e., brother Vijay Kumar and father Basant Kumar. Thereafter, they lodged report of Gumshudgi at 10.40 p.m. vide P/40 in police station Susner.On 20th September 1985 at about...
Tag this Judgment!Khemchand Motilal Tobacco Products Ltd. and ors. Vs. Union of India (U ...
Court: Madhya Pradesh
Decided on: Aug-31-1994
Reported in: 1995(0)MPLJ309
ORDERU.L. Bhat, C.J.1. A common question arises for consideration in this batch of writ petitions, namely whether the amended paragraph 26(2) of the Employees' Provident Funds Scheme, 1952 (for short, 'the Scheme'), framed under Section 5 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act'), is valid. Hence these writ petitions are being disposed of by a common order2. M P No. 432/91 is filed by manufacturer of Soya Products. M. P. No. 1230/91 is filed by Association of Lime Manufacturers and a Lime Manufacturer. M. P. No. 743/91 and M. P. No. 3030/91 are filed by Paper Manufacturers. M. P. No. 2680/91 is filed by Cement Manufacturers. M. P. No. 3664/91 is filed by an Engineering and Construction Contractor. The remaining petitions are filed by Bidi manufacturers.3. The Act, as originally conceived, was to provide institution of Provident Funds for employees of factories and other establishments. Scope of the Act was subsequently extended to p...
Tag this Judgment!State of M.P. Vs. Anilkumar and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1994
Reported in: 1995CriLJ735
R.D. Shukla, J. 1. This appeal, by the stale, is directed against the judgment of acquittal, passed by the Additional Sessions Judge, Shajapur, in Sessions Trial No. 43/86, whereby the accused respondents have been acquitted of the offence punishable under Sections 302, 201 and 109/34 of the IPC, for having committed murder of Sanjay son of Basantkumar, a child aged about 12 years between 20th September 85 at about 11 a.m. to morning of 21-9-85 and causing disappearance of the body by severing the head leg and burning it with the help of kerosene.2. The brief slated facts are that Sanjay Kumar was a student of a school. On 20th September 85', as usual. He left for school at 11. 00 a.m., but he did not come back in the evening at 5.00 p.m., as such a search was made by the members of the family i.e., brother Vijay Kumar and father Basant Kumar. Thereafter, they lodged report of Gumshudgi at 10.40 p.m. vide p/40 in police station Susner.On 20th September 85 at about 9.30 a.m. an informat...
Tag this Judgment!Desraj S/O Ramgopal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-30-1994
Reported in: 1996(0)MPLJ1079
D.P.S. Chauhan, J.1. Having been convicted in S.T. No. 311/91 appellants Deshraj, Rajdhar and Buddha have by means of present appeal approached this Court for setting aside their conviction and sentence. Accused Deshraj and Rajdhar were convicted under Sections 394/397/34 and 450/34, Indian Penal Code and accused Buddha was convicted under Sections 394/397 and 450, Indian Penal Code.2. Appellants Deshraj and Rajdhar were sentenced to 7 years R. I. under Sections 394/397/34 and 3 years R.I. under Sections 450/34, Indian Penal Code and appellant Buddha was sentenced to 7 years R. I. under Sections 394/397, Indian Penal Code and 3 years R. I. under Section 450, Indian Penal Code.3. The occurrence in question took place in the night of 23/24th of May, 1990 at about 3 or 4 O' clock in the morning in the house of one Param in village Naroda, district Sagar. Report (Ex. P/l) of the incident was lodged on 24-5-1990 at P. S. Khurai at 13.30 hrs. by Param (P.W. 1).4. According to the learned cou...
Tag this Judgment!Union of India (Uoi) Vs. Smt. Laxmipati and anr.
Court: Madhya Pradesh
Decided on: Aug-26-1994
Reported in: 1995ACJ644; AIR1995MP90; 1995(0)MPLJ28
U.L. Bhat, C.J.1. First respondent's husband, late of S. C. Pati, was travelling in Train No. 143 U. P. Kalinga Express on 15-9-1984. Between Zalwara and Katni Railway Stations, the train met with an accident as a result of which S. C. Pati sustained injuries and died. First respondent, for herself and on behalf of her two minor children, filed an application Under Section 82(A) of the Indian Railways Act, 1890, before the Claims Commissioner appointed Under Section 82(B) of the Act (District Judge of the District). The Claims Commissioner, by Annexure P-2 order upheld the claim and awarded Rs. 1 lac as compensation and directed the railways to pay the amount with interest at the rate of 6% from the date of application till payment. The direction for payment of interest is challenged by the Union of India in this petition.2. The first respondent is absent. We have heard the learned Additional Central Government Standing Counsel. We have also heard Shri Abhay Sapre, Advocate who has bee...
Tag this Judgment!Commissioner of Income-tax Vs. Mohd. Ishaque, Mohd. Gulam
Court: Madhya Pradesh
Decided on: Aug-26-1994
Reported in: [1994]210ITR817(MP); 1995(0)MPLJ38
U.L. Bhat, C.J. 1. The Commissioner of Income-tax, Jabalpur, has filed this application under Section 256(2) of the Income-tax Act, 1961, seeking reference of the following question of law ;'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the expenditure of Rs. 40,930, incurred in replacing petrol engines by diesel engines was of a capital nature not allowable under Section 37 of the Income-tax Act ?'2. We have heard both sides.3. The matter arises in relation to the assessment year 1978-79. The respondent-assessee is a firm carrying on the business of manufacture and sale of bidis. The firm had a jeep fitted originally with a petrol engine. During the assessment year, the petrol engine was replaced by a diesel engine at a cost of Rs. 40,930. The assessee had claimed total expenditure of Rs. 1,32,294 together with petrol expenses of Rs. 15,298 as deductible revenue expenditure. The Assessing Officer did not advert to the cost of re...
Tag this Judgment!Peer Mohd. Vs. Hasinabee
Court: Madhya Pradesh
Decided on: Aug-26-1994
Reported in: I(1995)DMC209; 1995(0)MPLJ664
J.G. Chitre, J.1. The petitioner is hereby praying for invoking the powers of High Court under Section 482 of the Code of Criminal Procedure (hereinafter referred, to as 'Code').2. The marriage between the petitioner and the respondent took place at Gautampura, Indore, as per Muslim religious way and was performed by one KAZI Abdul Kuddus on 4.5.82. The petitioner averred in this petition that at the time of Saidm marriage the age of petitioner was a years and age of respondent was 6 years. After the marriage as record shows respondent Hasinabee resided with the petitioner in his house for about one year and thereafter they were separated. After exchange of notices, Hasinabee filed a petition for alimony in the Court of Judicial Magistrate. First Class, Depalpur and by order dated 22.7.88, the learned Magistrate allowed her application and granted alimony to her to the tune of Rs. 200/- per month payable by petitioner Peer Mohammed. He filed a revision petition against that order beari...
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