Madhya Pradesh Court January 1995 Judgments
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Babulal Sobhagmal Modi Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Jan-19-1995
Reported in: 1997(2)MPLJ50
ORDERC.K. Prasad, J.1. This order shall also govern disposal of Civil Revision No. 429/91, Union of India v. Babulal as both the revision petitions have arisen from the common order.2. The plaintiff, Union of India, filed Civil Suit No. 5-B/87 for recovery of Rs. 2,20,000/- against the defendant. According to the plaintiff, the defendant was given the contract of out agency for a period of five years from 1-3-1982. The defendant did not pay a sum of Rs. 1,68,629.40 in terms of Clause 14(8) of the Agreement. According to the plaintiff, the defendant was entitled to receive a sum of Rs. 53,276.22 from the plaintiff and after adjustment of the same, the plaintiff was entitled to recover a sum of Rs. 1,15,353.18 along with interest at the rate of 18% per annum amounting to Rs. 1,04,646.82 and consequently a total sum of Rs. 2,20,000/- was entitled to be recovered from the defendant as principal amount as also the interest.3. The defendant filed the written-statement and stated that a sum o...
Rahmat Ali Vs. Abdul Razzak
Court: Madhya Pradesh
Decided on: Jan-18-1995
Reported in: AIR1995MP235; 1996(0)MPLJ187
S.K. Dubey, J. 1. In a long drawn litigation which is pending since 17-11-1975, in relation to the immovable property which consists of agricultural land and residential building, the petitioners are aggrieved of the order of the Revisional Court passed in C. R. No. 5/89 arising out of Civil Suit No. 128-A/88, filed by Abdul Razzak (Respondents No. 1 to 4), wherein the Revisional Court has restrained the petitioners who are purchasers pendente lite of 4.99 acres of land shown in Schedule 'A' and 'B' annexed with the plaint of the first suit (C. S. No. 156-A/75) renumbered as C. S. No. 6-A/88.2. The case has its own chequered history. One Mirza Rashid and others instituted the first suit against the respondents No. 1 to 4 for possession and damages on the avermants that the sale-deeds executed by them were not the real sales but were nominal sales as a security towards the repayment of the loan advanced to the plaintiffs, namely, Mirza Rashid and others, therefore, it was alleged therei...
Sindhi Sahiti Multipurpose and Transport Co-operative Society Ltd. Vs. ...
Court: Madhya Pradesh
Decided on: Jan-18-1995
Reported in: [1995]214ITR232(MP); 1995(0)MPLJ919
U.L. Bhat, C.J.1. The assessee has filed this application under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act').2. The applicant is a multipurpose transport co-operative society. Its sole activity is plying stage carriage buses on hire. The society has a building, a part of which has been let out and it is deriving house rent also. The assessment year concerned is 1977-78. The income of the house property was wholly added to the total income for purposes of assessment. The assessment order was confirmed by the Commissioner in appeal and the Appellate Tribunal in further appeal. The Appellate Tribunal alsodeclined to make a reference under Section 256(1) of the Act. Hence, this application.3. According to the petitioner, the questions arising in the case is whether the Tribunal is justified in interpreting the bye-laws of the society and holding that the deriving of income from house property is not one of the objects of the society and, therefore, the house property i...
Radhakrishna Trivedi Vs. M.P. State Warehousing Corporation and anr.
Court: Madhya Pradesh
Decided on: Jan-18-1995
Reported in: (1996)ILLJ557MP; 1995(0)MPLJ527
ORDERC.K. Prasad, J.1. The petitioner is an employee of the M.P. State Warehousing Corporation (hereinafter referred to as 'Corporation' for the sake of brevity), has filed this writ application for quashing of the order dated August 5, 1987 (Annexure P/7) by which the respondent Corporation has directed for stoppage of his two increments with cumulative effect. The appellate order passed by the respondent Corporation against the aforesaid order of withholding of two increments (Annexure P/8, dated November 4, 1987) is also impugned in the present writ-application. The petitioner further prays for quashing of the order dated March 23, 1988 (Annexure P/9) passed by the respondent Corporation whereby the petitioner was reverted to his substantive post of the Superintendent. The appellate Order dated August 26, 1989 (Annexure P/18) rejecting the appeal of the petitioner against the said order has also been impugned. The petitioner has urthersought for quashing of the order dated May 25, 1...
Simplex Castings Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-18-1995
Reported in: 1996(81)ELT45(MP); 1995(0)MPLJ717
ORDERU.L. Bhat, C.J.1. Petitioners are Public Limited Companies having their plants or factories in Raipur of Madhya Pradesh State. They seek declaration that provisions of Section 15(1)(b) of the Customs Act, 1962 (for short 'the Act') 'and the notifications dated 15-12-1990 are constitutionally invalid, writ of certiorari quashing the demand of auxiliary duty at the increased rate of 25% under the notifications and seek to command respondents to charge auxiliary duty at the rate of 5% only as existed prior to 15-12-1990. On behalf of the respondents, returns have been filed.2. The petitioners import scrap materials from abroad. The goods reach India and are off-loaded at Vishakhapatnam Port. The Act contemplates two broad categories of goods which enter India. First category of goods are those which are imported for purposes of transit or transhipment for which no duty or auxiliary duty is payable. Second category are of goods not intended for transit or transhipment. The latter cate...
Shankarlal Vs. Indore Development Authority and anr.
Court: Madhya Pradesh
Decided on: Jan-17-1995
Reported in: AIR1995MP182; 1996(0)MPLJ962
ORDERA.R. Tiwari, J. 1. This is petition under Article 226/227 of the Constitution of India. 2. Facts are jejune. Respondent No. 1(IDA) invited tenders vide notice dated 16-12-92 (Annexure A) for a piece of land (approximately 1968 Sq. Metres) reserved for Petrol Pump, in Development Scheme No. 71 Sector A Industrial Area, Sirpur on prescribed tender-form, obtainable from office, to be submitted with earnest money of Rs. 25000/-. The petitioner submitted tender on 7-1-93 with requisite FDR of Rs. 25000/-(Annexure C). Out of total 5 tenderers, petitioner quoted the highest amount of Rs. 421,85 paise per square metre. Respondent No. 1, however, rejected the tender and asked the petitioner on 4-5-93 to receive the earnest money from the office (Annex, D). The plot in question was allotted to respondent No. 2 (Bharat Petroleum Corporation), Aggrieved, the petitioner has filed this petition for quashment of allotment made in faour of respondent No. 2 and for direction of allotment to him. 3...
Shrivastava S.K. and ors. Vs. Central Bank of India and ors.
Court: Madhya Pradesh
Decided on: Jan-17-1995
Reported in: (1997)IIILLJ361MP
U.L. Bhat, C.J.1. The petitioners herein, four in number, joined the services of the first respondent, Central Bank of India in 1974 in the agricultural wing of the bank as Assistant Agricultural Finance Officers. In 1978 they were promoted as Agricultural Finance Officers. In 1977, they were taken into the mainstream on their option and on their application, put through theselection process and promoted to the cadre of Branch Manager Scale I in which they are now working. They have filed the writ petition challenging Clauses 5.1, 15.2 and 15.3 of the Promotion policy and claiming other appropriate reliefs. On behalf of the respondents, return has been filed rebutting the challenge justifying the various clauses of the Promotion policy.2. Annexure A is a copy of the Promotion policy. Paragraph 15 deals specifically with the Promotion policy for officers in the specialist category. Specialist Category takes in Financial Analysts, Agricultural Officers, Law Officers, Technical Officers, ...
Dayabhai Kashibhai Patel Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-17-1995
Reported in: 1996(0)MPLJ22
ORDERA.R. Tiwari, J.1. This is a petition under Articles 226/227 of the Constitution of India.2. Briefly stated, the facts of the case are that the petitioner is running a mill-canteen at the premises of Binod Mills Co. Ltd, Ujjain for and on behalf of the said mill. The respondents assessed the petitioner for the period from 18-6-1980 to 18-6-1981 under the M. P. General Sales Tax Act as also consequential assessment under the Entry Tax Act. The aforesaid mill is a company incorporated under the provisions of the Companies Act and is carrying on the business of manufacturing and sale of cloth and is a registered dealer under the provisions of the M. P. General Sales Tax Act. The mill is paying sales tax as also the entry tax on the excisable transactions. Under Section 46 of the Factories Act, the mill is under obligation to provide and maintain canteen for the use of workers employed by it. The activity is, therefore, incidental and integral one. The mill entrusted this work to the p...
Pawan Kumar Shandilyakar Vs. Rajya Nirvachan Ayog and anr.
Court: Madhya Pradesh
Decided on: Jan-17-1995
Reported in: 1995(0)MPLJ591
ORDERS.K. Dubey, J.1. The order passed in this petition shall also govern the disposal of Writ Petition No. 4416 of 1994, Mohd. Sabir v. Rajya Nirvachan Ayog and another.2. The two petitioners by their separate petitions under Article 226 of the Constitution of India have challenged the order of the Election Commission for postponing the election and the order dated 16-12-1994 for holding the poll on 28-12-1994.3. The two petitioners are the members of the political party by name Krantikari Samajvadi Manch. The petitioner of Writ Petition No. 4413/94 was a candidate for the election of the councillor from ward No. 21 and the petitioner in Writ Petition No. 4416/94 was the candidate for the election of Nagar Palika, Balaghat from Ward No. 11. The petitioners applied for the symbol of the party 'Teer Kaman' in accordance with Election Symbol (Reservation and Allotment) Order, 1968 (for short called 'Order of 1968') but that symbol was not allotted to the candidates of the said party. Som...
Oriental Insurance Co. Ltd. Vs. Makni and ors.
Court: Madhya Pradesh
Decided on: Jan-17-1995
Reported in: 1996ACJ72
R.D. Shukla, J.1. This appeal is directed against the award dated 22.1.1986 of M.A.C.T., Jhabua, passed in Claim Case No. 34 of 1984, whereby the respondent Nos. 1 and 2 have been awarded a compensation of Rs. 36,000/- in all for death of Lalia who died in a motor accident on 3.6.1984.2. The brief history of the case is that deceased Lalia was working as motor cleaner in truck No. MPN 3581, which was owned by respondent No. 4 and driven by respondent No. 3. The truck was driven in a rash and negligent way, it dashed against a hillock on the roadside and turned turtle. Lalia sustained injury and died in consequence thereof. As such a claim petition for compensation of Rs. 2,50,000/- was filed. It was contested by the respondents including insurance company (appellant here). The learned Tribunal has awarded compensation as above, holding it to be that the accident occurred due to rash and negligent driving of the vehicle by respondent No. 3. The contention of the insurance company (appel...
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