Madhya Pradesh Court September 1995 Judgments
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Prithvi Singh Yadav and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1995
Reported in: 1996(0)MPLJ172
ORDERShacheendra Dwivedi, J.1. This revision is preferred by accused persons against the order of the learned trial Court thereby it has allowed the application filed by the prosecution on 5-4-1995, seeking leave of the Court for accepting a document, i.e., an inland letter as an additional evidence and for exhibiting the same, through witness Padam Singh P.W. 6. The document was filed in the committal Court, on the next day of filing of the challan. The document (inland letter) is stated to have been written by the deceased lady Smt. Rekha to her father, witness Padam Singh.2. The facts may be briefly summarised.The petitioners are facing a trial for the offences under Sections 498A, 304B and 306 read with Section 34 of Indian Penal Code.3. At the trial, the complainant Padam Singh, the father of the deceased-lady appeared as P.W. 6. During his examination-in-chief, the learned Prosecutor wanted to get the above document (inland letter written by deceased) exhibited and proved, but th...
Akhtar Brothers Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-15-1995
Reported in: AIR1996MP93
ORDERR.S. Garg, J. 1. The brief facts leading to the. present petition are that the petitioner firm is registered as A-IV Class Contractor, The respondents called for tendering for Mahanadi project for remodelling, earth work and construction of Kirana Distri-blitory and its minors of Bhatapara Branch Canal Group No. 42/G. The notice inviting tender was issued on 7-3-1991. The petitioner submitted its tender in the office of Superintending Engineer, MRP Disnet Circle, Raipur on 14-5-1991. The tender was for sum of Rs. 67,05 lacs. After opening the tenders, a note was prepare by the Executive Engineering recommending that out of seven tenders the tender of the petitioner being lowest and reasonable, be accorded necessary approval. This agenda note was recommended by the Superintendent Engineer, MRP Disnet Circle, the tender above Rs.50/- lacs was required to be placed before the Progress Reviewing Committee. The Committee is obliged to submit its recommendation to the Control Board for ...
The State of M.P. Through Local Self Govt. Deptt., Bhopal and ors. Vs. ...
Court: Madhya Pradesh
Decided on: Sep-15-1995
Reported in: AIR1996MP101; 1996(0)MPLJ158
U.L. Bhat, C.J.1. Respondents 1 and 2 herein who are Municipal Councillors, were elected as President and Vice President respectively at the election held on 12-2-1995. 12 Councillors gave requisition for moving resolution expressing no confidence in them. The Chief Municipal Officer convened a meeting on 6-5-1995 for consideration of the motions. The President was absent at the meeting, but the Vice President was present. The Councillors unanimously elected third appellant, one among the Councillors, to preside over the meeting. Resolutions expressing no confidence in the President and Vice President respectively were taken up separately for consideration and both the resolutions were passed in the presence of 29 Councillors, 23 Councillors voting in favour of the resolutions. The President and Vice President jointly filed the writ petition challenging the legality of the resolutions on the ground that proceedings were illegal inasmuch as the Vice President ought to have presided and ...
Tamaskar Tandon Vs. State Bar Council of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-15-1995
Reported in: 1996(0)MPLJ334
ORDER1. By this petition under Articles 226/227 of the Constitution of India, the petitioner has challenged the vires of the Rules known as State Bar Council of Madhya Pradesh Election Rules, 1968 (for short 'the Election Rules') (Annexure P-1) framed under Section 15(2)(a) and (d) of the Advocates Act, 1961 (for short 'the Act') and approved by the Bar Council of India. The petitioner has also challenged the, notification No. SBC/M.P./Election/Cir. No. 04/95 dated 17-7-1995 and also the notification No. SBC.M.P./Errata/(Elect-Roll)/Election/95/256 dated 26-6-1995 (Annexure P-6) and also the candidature of respondent No. 3.2. Brief facts giving rise to this petition are these. The petitioner who is on State Roll of Advocates prepared and maintained by Madhya Pradesh State Bar Council is practising at Durg. He avers that he belongs to Scheduled Caste Community and socially and economically belongs to the ' weaker section of the society. The petitioner was desirous of contesting the elec...
Mohansingh and Sons Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Sep-15-1995
Reported in: 1996(0)MPLJ422
ORDERU.L. Bhat, C.J.1. Similar questions arise for consideration in these references under Section 44(1) of the M. P. General Sales Tax Act, 1958 (for short the Act). The questions arising in each of these cases are as follows :-(i) M.C.C. No. 454/86 :'Whether on the facts and in the circumstances of the case, the Tribunal was justified in maintaining that entry tax can be imposed as the dealer had not been able to prove that the goods purchased were other than local goods?'(ii) M.C.C. No. 509/86 :'(i) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is not entitled to claim that no entry tax should be levied on him under clause (iv) to the first proviso of Section 3(1) of Entry Tax Act?''(ii) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the burden was upon the assessee to prove that entry tax had been levied on such goods in the hands of the selling registered dea...
Collector and anr. Vs. Kalawati and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1995
Reported in: [1995(71)FLR1121]; (1997)IIILLJ534MP
A.R. Tiwari, J.1. The unsuccessful non-applicants have filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 against the order dated May 24, 1988 rendered by the Commissioner for Workmen's Compensation (Labour Court) Mandsaur in Case No. 63/86/WC thereby directing the appellant No. 2 to pay the sum ofRs. 50,832/- together with interest at the rate of 6 per cent per annum and dismissing the claim against appellant No. 1.2. Briefly stated, the facts of the case are that Tikamchand, Husband of respondent No. I and father of respondents No. 2 and 3 was in the employment of appellant No. 2 and was receiving wages @ Rs. 26/- per day. He was employedin the river valley Scheme of Kekukhada Stop Dam. On February 21, 1986, he died while on duty and thus due to accident arising out of in the course of his employment with appellant No. 2, the respondent therefore filed the claim petition against the appellants. The petition was opposed. On consideration, the aforesaid authorit...
Steel Authority of India Ltd. Vs. Sales Tax Commissioner
Court: Madhya Pradesh
Decided on: Sep-14-1995
Reported in: 1996(0)MPLJ790
ORDERU.L. Bhat, C.J.1. This is a reference under Section 44(1) of the General Sales Tax Act, 1958, made by the Tribunal at the instance of the assessee. The following questions have been referred;(i) Whether under the facts and circumstances of the case, there was any implied sale of packing material along with the fertilisers?(ii) Whether under the facts and circumstances of the case, the Sales of Coal Tar to Shalimar Tar Products are intra-State or inter-State sales?2. The period under assessment is 1966-67. The assessee is manufacturer of steel, steel products and fertilisers. The assessment is made treating certain sales of steel and steel products as inter State sales and including in the taxable turn-over the price of polythene bags in which the fertiliser was packed. The appellate authority and the Tribunal confirmed the order. The Tribunal has made the reference at the instance of the assessee.3. At the relevant time, sale or purchase of fertilizer was not exigible to sale tax,...
Usha JaIn and ors. Vs. United India Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1995
Reported in: 1997ACJ1311
D.M. Dharmadhikari, J.1. On 14.12.1988, as a result of a head-on collision between mini bus No. MPW 6541 and scooter No. CPW 1798, Devendra Kumar Gupta, the scooterist and Abhay Kumar Jain, pillion rider sitting behind him, died. Their heirs filed two claim cases, Nos. 13 of 1989 and 25 of 1989, which were consolidated for trial as they arose out of the same accident. A common award has been passed by the Motor Accidents Claims Tribunal, Gwalior (hereinafter referred to as 'the Tribunal') on 21.8.1991. In these two appeals, M.A. No. 250 of 1991 and M.A. No. 168 of 1992, a common order is being passed as they arise out of same accident and a common award.2. In both the appeals, preferred by the claimants, only two prayers have been made. The first is that the insurance company should have been directed to be jointly and severally liable with the owner of the vehicle and the driver and the liability of the insurance company should not have been held to be limited only to the extent of Rs...
Jugan Bai Vs. Mohd. Khan
Court: Madhya Pradesh
Decided on: Sep-13-1995
Reported in: I(1996)DMC188
S.B. Sakrikar, J.1. The appellant has filed this appeal under Section 47 of the Guardian and Wards Act, 1890 against the order dated 5.4.1989 passed by the Civil Judge, Class-I, Mandleshwar in Misc. Civil Case No. 15/87 whereby the learned Civil Judge had allowed the application of the respondent, Mohd. Khan which was filed under Section 25 of the Guardian and Wards Act, 1890.2. The undisputed facts of the case are that the parties are Mohammedans and governed by the provisions of Mohammedans Law. The appellant and the respondent are husband and wife. The appellant, Jugan Bai had two daughters and two sons out of the marital relations of the respondent, Mohd. Khan. Somewhere in the year 1981 the appellant and the respondent started living separately and ultimately respondent-Mohd. Khan divorced his wife Jagan Bai. After fl'e divorce all the four children continued to remain in the custody of the appellant-Jugan Bai.3. On 17.2.1987 the respondent Mohd. Khan filed an application before t...
Ajad Khan Vs. Aasmabi and Two ors.
Court: Madhya Pradesh
Decided on: Sep-13-1995
Reported in: II(1996)DMC213
Chaudhary Prasad, J.1. The non-applicants i.e. the wife and the children of the applicant filed an application Under Section 125 of the Code of Criminal Procedure for grant of maintenance before the J.M.F.C., Kannod. The learned Magistrate, by his order dated 27.12.1989 passed in Criminal Case No. 22/86 dismissed the application. Aggrieved by the aforesaid order, the non-applicants filed Criminal Revision No. 8 of 1990 and the Second A.S.J., Dewas / by order dated 28.10.1991 partly allowed the revision-application and directed for grant of maintenance to the minor children non-applicants 2 and 3 at the rate of Rs. 150/- each per month from 27.12.1989 i.e. from the date of the order passed by the learned Magistrate. Aggrieved by the revisional order the non-applicants has filed this revision under Section 482, Cr.P.C.2. According to non-applicant 1, Aasmabi, she is the legally married wife of the applicant and the non-applicants Nos. 2 and 3, Imran Khan and Aslam Khan, are their legitim...
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