Madhya Pradesh Court January 1995 Judgments
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D and H Secheron Electrodes Vs. Asstt. Collector, C. Excise
Court: Madhya Pradesh
Decided on: Jan-11-1995
Reported in: 1995(50)ECC163; 1995LC213(MP); 1995(79)ELT15(MP)
ORDERC.K. Prasad, J.1. The petitioners have filed this revision application for quashing of the criminal prosecution pending in the Court of Addl. Chief Judicial Magistrate (Economic Offences Court) Indore in Criminal Case No. 27/86 under Section 9 of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act).2. The facts giving rise to the present application are that on 4-2-1983, the officers of the Central Excise Department seized nine cases of stainless steel wires weighing 140 kgs. valued at Rs. 3,500/-. The seizure was effected on the ground that the straightening and cutting of the stainless steel wire into such cut wire called filler wire amounts to manufacture within the definition of Section 2(f) of the Act and consequently, the petitioner-company was bound to pay duty on the said filler wire under Tariff Item No. 68 of the Old Tariff of the said Act. A show cause notice was issued to the petitioner stating that during the period from August, 1978 to June, 19...
Khilan Devi Vs. Amar Singh
Court: Madhya Pradesh
Decided on: Jan-10-1995
Reported in: II(1995)DMC122
A.S. Tripathi, J. 1. This revision is filed against the judgment and order dated 10th of January, 1992 passed by 1st Additional Sessions Judge of Bhind, whereby the revision of the non-petitioner was allowed and the order of the Trial Court granting maintenance to the petitioner was set aside. The application of the petitioner for grant of maintenance Under Section 125 Cr.P.C. was dismissed.2. The facts of the case are that the petitioner claims to be the wife of the non-petitioner. She had filed an application for maintenance Under Section 125 Cr.P.C. which was allowed by the Magistrate, granting maintenance at the rate of Rs. 300/- per month. Against that order a revision was preferred before the 1st Additional Sessions Judge of Bhind which was allowed and the petition of the petitioner Under Section 125 Cr.P.C. was dismissed.3. The petitioner claims to be the wife of the non-petitioner. She was married with the non-petitioner sometime in the year 1954. She was living with the non-pe...
Brijendra Kumar Agarwal Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-10-1995
Reported in: 1995(0)MPLJ710
ORDERU.L. Bhat, C.J.1. Common questions arise for consideration in these writ petitions and therefore, they are being disposed of by a common order.2. We will briefly refer to the facts in M. P. No. 3113 of 1987. The petitioner on 13-10-1982 submitted an application to the State Government for grant of mining lease for extraction of ochre and white-clay in 10.374 hectares of land. The application was submitted under Section 10 of the Mines and Minerals (Regulation and Development) Act, 1957 (for short, 'the Act') and Rule 22 of the Mineral Concession Rules, 1960 framed by the Central Government under Section 13 of the Act. The Act was amended by Central Act No. 37 of 1986 which came into force with effect from 10-2-1987. Consequently the Rules were also amended and the amendments were brought into force with effect from 10-2-1987. On 1-10-1983, the State Government rejected the application. The petitioner filed a representation before the Central Government which set aside the order of...
M.P. State Road Transport Corporation Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Jan-10-1995
Reported in: 1995(0)MPLJ696
U.L. Bhat, C.J.1. This is a reference made by the Appellate Tribunal (Board of Revenue), at the instance of the assessee under Section 44(1) of the M. P. General Sales Tax Act, 1958 (for short, the Act). The following question has been referred :'Whether in the facts and circumstances of the case, the Tribunal was justified in holding the Corporation as a 'Dealers' assessable to the sales tax and whether the sales of the unserviceable materials like tyres, tubes, spare parts etc. be held as a transaction of trade or commerce under Section 2(bb) of the M. P. General Sales Tax Act, 1958 ?'2. We have heard both sides.3. The Assessee is the Madhya Pradesh State Road Transport Corporation (for short Corporation). The main activity of the Corporation is to provide transport facilities to people and for this, they acquired a fleet of buses, maintain workshops, purchase spare parts and the like. In the course of operation, spare parts like tyres, tubes etc. become unserviceable and are dispose...
Smt. Chandraprabha Devi and anr. Vs. Pramod Kumar Aggarwal
Court: Madhya Pradesh
Decided on: Jan-09-1995
Reported in: II(1995)DMC118
A.S. Tripathi, J. 1. These two cases arise out of the same order. They, being connected, are taken up together and are being disposed of by this common order. Criminal Revision No. 178/91 shall be the leading case.2. Facts of the case are that non-petitioner Pramod Kumar Agrawal is the husband of petitioner Smt. Chandraprabha Devi and Kumari Jyoti is their daughter. A petition was moved for maintenance before the Magistrate. After examining the evidence on record the petition was allowed and the non-petitioner Kumari Jyoti was granted maintenance at the rate of Rs. 250/- per month from the date of order.3. A revision was filed against that order and the Revisional Court by the impugned order dated 5.8.1991 modified the order of the learned Magistrate and Rs. 150/- per month was allowed as maintenance for the daughter Kumar Jyoti. The wife Smt. Chandraprabha Devi was herself earning, being a nurse in Govt. hospital. The Revisional Court however directed that the maintenance shall be pai...
Moti Chand Vs. Smt. Lakhanbai and anr.
Court: Madhya Pradesh
Decided on: Jan-09-1995
Reported in: I(1995)DMC476
M.V. Tamaskar, J.1. This is revision against the order passed by the Second Addl. Judge to the Court of District Judge, Bilaspur, rejecting an application under Order 7 Rule 11 CPC on the ground that the suit for partition is not maintainable.2. Shri Umesh Trivedi, learned Counsel for the applicant, submits that the order passed by the Lower Court suffers from illegality inasmuch as it has not properly complied with the provisions of Section 23 of the Hindu Succession Act as also the principles laid down in Hindu Law, paragraph 363.3. I have gone through the pleadings, heard the learned Counsel for the parties, the question for consideration in the present case is whether the suit as filed was incompetent on the ground that no suit for partition can be filed by a female of the Hindu joint family. In the instant case, the suit is filed by the step mother against her step son claiming that she is entitled to half share of the property. It is admitted that the plaintiff became widow in th...
Shankerlal Vs. Smt. Krishna Tiwari
Court: Madhya Pradesh
Decided on: Jan-06-1995
Reported in: I(1995)DMC492
D.P.S. Chauhan, J.1. It is a case where the wife has filed a suit under Section 13 of the Hindu Marriage Act for dissolution of marriage and for grant of maintenance allowance to her daughter Ku. Shweta. The suit was registered as Civil Suit No. 31-A/92. The Trial Court decreed the suit and granted the decree for divorce in favour of the plaintiff Smt. Krishna Tiwari against her husband Shankerlal. Court further granted maintenance to Ku. Shweta, who is a minor girl, at the rate of Rs. 350/-per month till she attains majority, vide judgment and order dated 23.12.1993.2. The present appeal is directed against the aforesaid judgment and decree.3. Heard the learned Counsel for the appellant and learned Counsel for the respondent.4. Learned Counsel for the appellant submitted that so far as the decree for dissolution of marriage is concerned it is accepted by the appellant and that portion is not appealed against. The appellant has got the grievance against the decree so far as it relates ...
Madhusudan Vs. Income-tax Officer and Another.
Court: Madhya Pradesh
Decided on: Jan-06-1995
Reported in: (1995)125CTR(MP)48; [1995]213ITR840(MP)
A. R. TIWARI J. - This is a petition under article 226/227 of the Constitution of India.Briefly stated the facts of the case are that the petitioner is a practising lawyer. The petition relates to the assessment of income-tax for the assessment year 1979-80. He filed the return. Thereafter, he revised the said return claiming deduction under section 80U of the Income-tax Act, 1961 (for short, 'the Act'), on the ground of permanent disability in his right eye. The Income-tax Officer, however, disagreed and denied the deduction by order of assessment dated December 11, 1981 (annexure P-1). The petitioner placed material on record for claiming the deduction (annexure P-2). Aggrieved by the order of assessment, the petitioner preferred an appeal before the Appellate Assistant Commissioner of Income-tax. That appeal proved to be in vain (annexure P-3). The petitioner, thereafter, submitted a revision petition under section 264 of the Act (annexure P-4). In the meantime, the assessment for t...
Sidhartha Tubes Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-06-1995
Reported in: 1995LC448(MP); 1995(77)ELT64(MP)
ORDERA.R. Tiwari, J.1. This is a petition under Article 226 of the Constitution of India.2. The petitioners are Public Limited Company having their factory at Sarangpur district Rajgarh in the State of Madhya Pradesh. They manufacture Mild Steel Pipes and Tubes. The respondent No. 3 (Collector) and respondent No. 5 (Superintendent) passed the orders on 10-9-1994 and 17-10-1994 demanding payment of excise duty. Aggrieved, the petitioners had filed the writ petition in this court earlier.3. This is, thus, second inning. Earlier Petition No. 1680/94, presented on merits however, had suffered dismissal on 28-11-1994 on the linchpin of existence of alternate remedy.4. The core question, as projected then, was whether galvanisation charges are includable in assessable value for levy of Central Excise duty on galvanised pipe sold by the petitioner. Hearing 'monosyllabic no' the petitioner resorted to alternative remedy and filed appeal, as permitted by law, with application to obtain order of...
Bebibai and ors. Vs. Shantilal and ors.
Court: Madhya Pradesh
Decided on: Jan-06-1995
Reported in: II(1995)ACC79
R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 7.3.1986 of Motor Accident Claims Tribunal, West Nimar, Mandleshwar, in claim case No. 6/84, whereby the claimants-appellants have been awarded a compensation of Rs. 32,000/- in all.2. The brief history of the case is that deceased Mohanlal was working as second driver for motor truck No. MPI 4841 and the same was owned by respondent No. 2 and was driven by second driver respondent No. 1. The vehicle was ensured with respondent No. 3. It is alleged that Shantilal was driving the vehicle at the relevant time. He was so rash and negligent in driving the vehicle that the truck left the road, turn turtle. Mohanlal came beneath the truck, sustained injury and died in consequence thereof. As such the claimants filed claim petition for getting compensation of Rs. 4,25,000/-. Claimant-appellant No. 1 is the widow, claimant Nos. 2 & 3 are father & mother of the deceased. Claimant Nos. 4, 5 & 6 are brothers and sisters...
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