Madhya Pradesh Court August 1994 Judgments
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Union of India (Uoi) Vs. Laxmi Pati and anr.
Court: Madhya Pradesh
Decided on: Aug-26-1994
Reported in: II(1995)ACC600; 1995MPLJ28
U.L. Bhat, C.J.1. First respondent's husband, late S.C. Pati, was travelling in train No. 143 Up 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. 1,00,000/- as compensation and directed the Railways to pay the amount with interest at the rate of 6 per cent from the date of application till payment. The direction for payment of interest is challenged by 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 Mr. Abhay Sapre, Advocate, who has been...
Priya Darsan Agarbatti Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-25-1994
Reported in: (1995)IILLJ1084MP; 1995(0)MPLJ326
ORDERU.L. Bhat, C.J.1. The five petitioners are engaged in manufacture of Agarbatti in Sagar district. They have filed this writ petition challenging Annexure-G order dated March 31, 1986 passed by the Labour Court, Sagar (Minimum Wages Authority).2. Minimum Wages were fixed for the employees working in Agarbatti industry under the provisions of Minimum Wages Act, 1948, for the first time by notification Annexure-R/1 dated June 26, 1983. There was a dispute between some of the manufacturers including the petitioner on the one hand and their employees on the other regarding the rate of wages payable. The dispute was referred to the M.P. Industrial Tribunal, Indore by the State Government under Section 10(1) of the Industrial Dispute Act, 1947. The reference was numbered as 1 of 1979. During the pendency of the reference, the parties settled their dispute. The Tribunal, on the basis of the settlement passed two awards - one between petitioners Nos. I to 4 herein and the union representin...
Mohan Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-23-1994
Reported in: 1995(0)MPLJ62
ORDERU.L. Bhat, C.J.1. Revision petitioner has been convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short) and sentenced to undergo R.I. for six months and to pay fine of Rs. 1000/- with default sentence. The conviction and sentence have been affirmed by the Sessions Court in appeal. Hence this revision.2. Revision petitioner was running a Kirana Shop. PW 3, Food Inspector exercising jurisdiction over Pithora block visited the shop, disclosed his identity and desired to purchase Gur from the shop for the purpose of analysis, purchased the sample of Gur and dealt with the same in accordance with the provisions of the Act and the rules framed thereunder. A part of the sample was sent to the Public Analyst who reported that the sample did not conform to the standards prescribed and was, therefore, adulterated. A copy of the report with intimation was forwarded to revision petitioner, after the Food Inspector lo...
Sukhlal Ramlal Gond Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-23-1994
Reported in: 1995(0)MPLJ266
ORDERU.L. Bhat, C.J.1. Revision petitioner has been concurrently found guilty of the offence punishable under Section 34(f) of the M. P. Excise Act and sentenced to undergo rigorous imprisonment for one month and to pay fine of Rs. 200/- with default sentence.2. On 13-10-1988, PW 3 Excise Sub-Inspector received information that revision petitioner was manufacturing illicit liquor in his house. PW 3 proceeded with his staff and two witnesses PWs 1 an 2 to the house of the revision petitioner and found 30 liters of Mowha liquor and 54 Kgs. of Mowha in his possession. His son was also found to be in possession of some quantity of liquor and Mowha. He was separately prosecuted and convicted. The articles found in the possession of revision petitioner were seized under Ex. P/9 seizure list. PW 3 took samples of the liquor in three bottles and destroyed the remaining part of the liquor. In due course, he filed charge-sheet before the Court concerned and produced the documents and the samples...
Sukhlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-23-1994
Reported in: 1995CriLJ1234; 1995MPLJ69
ORDERU.L. Bhat, C.J.1. Revision petitioner has been Concurrently found guilty of the offence punishable under Section 34(f) of the M.P. Excise Act and sentenced to undergo rigorous imprisonment for one month and to pay fine of Rs. 200/- with default sentence.2. On 13-10-1988, P.W. 3 Excise Sub-Inspector received information that revision petitioner was manufacturing illicit liquor in his house. P.W. 3 proceeded with his staff and two witnesses P.Ws. 1 and 2 to the house of the revision petitioner and found 30 liters of Mowha liquor and 54 Kgs. of Mowha in his possession. His son was also found to be in possession of some quantity of liquor and Mowha. He was separately prosecuted and convicted. The articles found in the possession of revision petitioner were seized under Ex.P/1 seizure list. P.W. 3 took samples of the liquor in three bottles and destroyed the remaining part of the liquor. In due course, he filed charge-sheet before the Court concerned & produced the documents and the sa...
Mohan Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-23-1994
Reported in: 1995CriLJ1196
ORDERU.L. Bhatt, C.J.1. Revision petitioner has been convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short) and sentenced to undergo R. I. for six months and to pay fine of Rs. 1000/- with default sentence. The conviction and sentence have been affirmed by the Sessions Court in appeal. Hence this revision.2. Revision petitioner was running a Kirana Shop. PW3, Food Inspector exercising jurisdiction over Pithora block visited the shop, disclosed his identity and desired to purchase Gur from the shop for the purpose of analysis, purchased the sample of Gur and dealt with the same in accordance with the provisions of the Act and the rules framed thereunder. A part of the sample was sent to the Public Analyst who reported that the sample did not conform to the standards prescribed and was, therefore, adulterer. A copy of the report with intimation was forwarded to revision petitioner, after the Food Inspector lod...
Kothari Brothers Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-1994
Reported in: AIR1995MP102; 1995(0)MPLJ241
U.L. Bhat, C.J.1. This is a Writ Petition seeking declaration that Section 3(1)(a) and Clause (4) of the proviso thereto are ultra vires to Constitution and to quash Annexures B to E and G to M Orders relating to levy of entry tax. Respondents have filed return.2, Petitioner is a registered firm carrying on wholesale textile business at Durg. It is stated that the firm supplies textiles to other dealers doing business in the local area of Durg and to dealers of Balaghat and Raipur which are places outside the local area of Durg. The petition relates to six assessments for various periods from 5-11-1975 to 24-11-1971 (sic). For the first period, petitioner raised preliminary objection against levy of entry tax. It was overruled by Annexure B Order. Assessment was completed vide Annexure C Order. Annexures D and E are the assessment orders for subsequent periods. Annexure G is the order by the revisional authority dismissing the revision filed against Annexure B order. Annexure H is the ...
UjjaIn Municipal Corporation Vs. Ramchandra Moolchand Sahu
Court: Madhya Pradesh
Decided on: Aug-22-1994
Reported in: 1995(0)MPLJ287
J.G. Chitre, J.1. The Ujjain Municipal Corporation (hereinafter referred to as Corporation) is hereby assailing the correctness, propriety and legality of order of acquittal of respondent passed by Judicial Magistrate First Class, Ujjain in Criminal Case No. 335 of 1980 by which he acquitted the respondent of the charge under Section 7(1) read with Section 16(l)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Food Adulteration Act).2. On 5-10-1979 p.m. (sic) the complainant Food Inspector Raghuvirsingh Sisodiya took the sample of buffalo milk when the said milk was in a pot commonly known in this region as Kadai. The said milk was kept on a hearth which was constantly heating it. After completing the formalities the sample was sent to Public Analyst for analysis. The said milk was found to be adulterated. After the report of the Public Analyst was received the respondent was prosecuted for the offences mentioned above.3. The Corporation examined R. S....
Prabhudas Kishoredas Tobacco Products Ltd. and anr. Vs. State of Madhy ...
Court: Madhya Pradesh
Decided on: Aug-22-1994
Reported in: 1995(0)MPLJ876
ORDERM.V. Tamaskar, J.1. This order shall also govern the disposal of Jila Bidi Rastriya Congress Union, Damoh and Anr. v. The State of Madhya Pradesh and another, M. P. No. 2811 of 1991.2-3. The petitioner No. 1 is a Company registered under the Companies Act, 1956, having its registered office at Ahmedabad (Gujarat) and Branch at Damoh (M.P.). It is engaged in manufacture of Bidis and has a factory' at Hindoria in Damoh district. Similarly, petitioner No. 2, a partnership firm, is also a manufacturer of Bidi with head office at Ahmedabad and Branch at Damoh and factory at Hindoria.4. The respondent No. 2 is Notified Area Committee constituted under Section 344 of the M.P. Municipalities Act. The State of Madhya Pradesh issued a notification imposing Terminal Tax under the authority conferred under Section 341(1) of the M. P. Municipalities Act, dated 2nd May, 1991, which is reproduced below :'Bhopal, the 2nd May, 1991.No. P.6-51-XV III-II-90. - In exercise of the powers conferred by ...
Raghuversinh Sisodia Vs. Ramchandra
Court: Madhya Pradesh
Decided on: Aug-22-1994
Reported in: 1995CriLJ592
J.G. Chitre, J.1. The Ujjain Municipal Corporation (hereinafter referred to as corporation) is hereby assailing the correctness, propriety and legality of order of acquittal or respondent passed by Judicial Magistrate First Class Ujjain in criminal Case No. 335 of 1980 by which he acquitted the respondent of the charge under Section 7(1) read with Section 16(1)(a)(i) of prevention of Food Adulteration Act, 1954 (hereinafter referred to the Food Adulteration Act).2. On 5-10-1979 p.m. the complainant Food Inspector Raghvirsingh Sisodiya took the sample of buffalo milk when the said milk was in a pot commonly known in this region as Kadai. The said milk was kept on a earth which was constantly heating it. After completing the formalities the sample was sent to public Analyst for analysis. The said milk was found to be adulterated. After the report of the Public Analyst was received the respondent was prosecuted for the offences mentioned above.3. The corporation examined R.S. Sisodyia, Fo...
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