Madhya Pradesh Court January 1997 Judgments
Charanlal Patel Vs. Smt. Kavita JaIn and anr.
Court: Madhya Pradesh
Decided on: Jan-31-1997
Reported in: AIR1998MP16
ORDERD.P.S. Chauhan, J. 1. Civil Suit (No. 8-A/94) was filed for ejectment of the present applicant Charanlal Patel on 16-3-94. The notices were issued to him by the civil Court by process and the same were returned with the following endorsements : ^^Jheku thvkt rkjh[k 22&3&94 dks oDr dVk gqvkgS cts 'kke foosdkuUn okMZ esa gejkg xokg ds fulkansgh nsus ij edku izfr pj.kyky iVsy ds tkdj rykl fd;k ekywe gqvk ?kj ij ugha gSa dke ij fM;wVh x;k gSblhfy;s rkjh[k is'kh nwj gksus ds dj.k nqckjk rkehyh gsrq lkuh jgkAHkk- nk- uef/k;k vk- ok- x-nLr[kr vLi'V22&3&94 rk-,d izfr ,oa uD'k layXu gSAJheku thvkt rkjh[k 24&3&94 dks oDr djhc 10-15cts eSa fnu iqu% izfr- pj.kyky ds edku ij tkdj izfr- dks rykl fd;k izfr- dkyM+dk iku dh nqdku ij feyk ftldk uke enuyky iVsy gSa us crk;k fd ?kj ij ugha gSdke ij x;sa gS blls izfr- ds rkehy ljhl ckfyx yM+ds enuyky ls firk ds uke dkleal ysus dgk rks Madkj fd;k blls rkjh[k is'kh nwj gksus ds dkj.k nqckjk rkfeyhgsrqlqn izFke izfr- ij vius ikl lkuh j[kkAHkk- nk- ref/k;...
Tag this Judgment!M.P. Medical Officer's Association and Anr. Vs. State of M.P. and Ors. ...
Court: Madhya Pradesh
Decided on: Jan-31-1997
Reported in: 1997(2)MPLJ242
ORDERA.S. Tripathi, J.1. This public interest litigation has been filed by the petitioners, out of which one of them is Medical Officer's Association through their District General Secretary Dr. Sitaram Singh Raghuvanshi and the other is Shri S.K. Sharma, a practicing advocate of Guna, for quashing the order passed by the District Magistrate, Guna (Annexure-P/1) dated 19-11-1996, directing for recording of dying declaration only by the doctors.2. The petitioners have put forward a case that passing the order Annexure P/l, by the District Magistrate has resulted in interference in the administration of criminal justice, causing great hardship to litigant public.3. The petitioners submitted that the direction given by the District Magistrate of Guna for recording the dying declaration only by doctors is contrary to the statutory provisions and established practice. The dying declaration is admissible Under Section 32 of the Evidence Act. Hon'ble the Chief Justice of Madhya Pradesh had al...
Tag this Judgment!Steel Ingots Ltd. Vs. Asstt. Collector of Central Excise
Court: Madhya Pradesh
Decided on: Jan-30-1997
Reported in: 1998(98)ELT353(MP)
ORDERN.K. Jain, J.1. By this petition filed under Article 226/227 of the Constitution of India the petitioner seeks quashment of the order dated 5-5-1992 (Annexure P2) passed by Respondent No. 1 and for directing the respondents to give Modvat credit to the petitioner in respect of the items mentioned in the petition.2. The petitioner is a Private Limited Company duly registered under the provisions of the Companies Act, 1956. In order to avail Modvat credit under Rule 57G of the Central Excise Rules, 1944, the petitioner Company filed a declaration in the prescribed form in respect of Modvat credit on inputs used in or in relation to the manufacture of its final product 'steel ingots and C.C. Billets'. However, the Respondent No. 1 vide its order dated 5-5-1992 (Annexure P2) disallowed the petitioner's prayer holding that the said inputs are not admissible for Modvat credit as they are not used in or in relation to the manufacture of final product. It is this order of the Respondent N...
Tag this Judgment!Jasodabai and ors Vs. Shriram and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1997
Reported in: 2(1997)ACC95
R.D. Shukla, J. 1. This Order shall also dispose of MA. No. 43/88. Both these appeals arise out of the judgment and award dated 18.12.1987 of Member, Motor Accident Claims Tribunal, Mandleshwar, passed in Claim Case No. 74/85, whereby the claimants (appellants in M.A. No. 39/88) have been awarded a compensation of Rs. 20,000/- in all for the death of Fakirchand on 27.12.1984, in a motor accident with a further direction that all the respondents are jointly and severally liable to make payment.2. This is not in dispute that on the date of accident i.e., 26.12.1984 Fakirchand was going on his bicycle while motor cycle No. CPO-440 was being driven by N. A. No. 1 Shriram, who was in actual possession of the motor cycle on the date of incident. Fakirchand sustained injuries and died in consequence thereof.The motor cycle was registered in the name of the Ramesh Chandra (N. A. 2). The same allegedly was transferred to Shriram as contended by Shriram and admitted by Ramesh Chandra.Claimant No...
Tag this Judgment!Komal Ram and anr. Vs. Hankerlal and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1997
Reported in: 2(1997)ACC67
R.D. Shukla, J. 1. This order shall also dispose of cross-objection filed by claimant-respondents.2. Appeal is directed against the Award dated 23.6.1993 of the M.A.C.T. Mandsaur, passed in M.A.C.T. Case No. 68/1992, whereby claimant-respondents No. 2, 3 and 4 have been awarded compensation of Rs. 5,10,000/- with interest @ 15% per annum from the date of filing claim-petition i.e. 22.7.1992 till realisation of the same.3. The case of claimant-respondents No. 2, 3 & 4 is that Ravi Choudhary, husband of claimant No. 1, father of claimant No. 2 and son of claimant No. 3 was coming on his scooter from Ratlam. C.W. 3 Shyamkumar was the pillion rider. They came near Bhaygarh crossing. Tractor No. CTU 8549 with trolley No. M.K.U. 6962 attached to it came from opposite direction. It was driven by Shankarlal, driver and servant of Komalram (appellant No. 1). Jt. suddenly took turn and dashed against the scooter. The scooter driver and pillion rider were thrown. Ravi Choudhary sustained grievous...
Tag this Judgment!Steel Ingots Limited Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Jan-29-1997
Reported in: 1997(70)LC247(MP)
ORDERN.K. Jain, J.1. By this petition filed under Article 226/227 of the Constitution of India the petitioner seeks quashment of show-cause notice dated 28.6.1993 (Annexure P2) issued by the respondent No. 2 disallowing Modvat Credit on the items like Refractory Bricks, Mortar, Nozolex, Ramming Mass etc.2. The petitioner is a Company incorporated under the Companies Act, 1956 and manufactures steel ingot/C.C. billets falling under Chapter 72 of the Central Excise Tariff Act, 1985. According to the petitioner in the process of manufacturing refractory bricks, mortar, nozolex, ramming mass etc., are used and which are consumable items for which the petitioner is entitled to modvat credit. The respondent No. 2 has, however, issued the show-cause notice (Annexure P2) asking the petitioner to show-cause as to why modvat credit taken by the petitioner to the tune of Rs. 2,03,737.24 should not be disallowed and recovered from him under the provisions of Rule 57-1 of the C.E. Rules, 1944. It i...
Tag this Judgment!D.P. Tiwari Vs. Managing Director, Bhilai Steel Plant and ors.
Court: Madhya Pradesh
Decided on: Jan-22-1997
Reported in: 1997(2)MPLJ130
ORDERC.K. Prasad, J.1. Petitioner was a bus driver under the employment of respondent No. 1. He was convicted by trial Court for an offence under section 324 of the Indian Penal Code. His service was terminated by order dated 18-11-1971 w.e.f. 18th September, 1971. Aggrieved by his conviction, petitioner preferred Criminal Appeal No. 554 of 1971 before this Court. A Division Bench of this Court by Judgment dated 14-4-1971 allowed the appeal and set aside the conviction of the petitioner. Thereafter, by order dated 31st August, 1977, petitioner was reinstated in service and the said order states as follows :-'Shri D. P. Tiwari is reinstated in service with effect from the date of his taking over charge as Bus Driver in the scale of Rs. 390-570/-.The period from 18th September, 1971 till he takes over the charge of the post of Bus Driver is treated as dies-non.'It appears that the petitioner besides one Shri R. C. Singh was also convicted and his service was also terminated. He was also ...
Tag this Judgment!Laxmi Narayan Sharma and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-22-1997
Reported in: 1998(2)MPLJ592
ORDERA.K. Mathur, C.J.1. All these writ petitions are inter-connected, therefore, they are disposed of by common order.In these writ petitions, the primary question to be considered is whether the Boards of the Co-operative Societies all over the State of Madhya Pradesh, which are continuing without elections, can survive or not. In the Writ Petitions 2924 of 1996 and 3342 of 1996, the challenge was by a writ of quo-warranto, whether the Chairman and the elected Boards can survive without elections for an indefinite period or not. It is significant to point out here that last elections for co-operative societies took place in 1984 and thereafter no elections took place and the elected incumbents of the Co-operative Societies are holding the office of Chairman/Presidents and Board of Directors continuously for one reason or the others.2. In writ petition No. 2924 of 1996, the petitioners have sought a writ of quo-warranto against respondent No.4 Shri Subhash Yadav, President/Chairman of...
Tag this Judgment!Vishwa Oil Products Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-22-1997
Reported in: 1998(60)ECC34; 1997(94)ELT494(MP)
N.K. Jain, J.1. This is petition under Article 226/227 of the Constitution of India seeking various reliefs as enumerated in para 32 of the petition.2. The petitioner is a limited company incorporated and registered under the Companies Act. It has established its solvent extraction plant at Banjari Distt. Khargone (W. Nimar) for manufacture of oil by solvent extraction method from oilseeds such as soyabean, rape seed, cotton seed, etc. On 29-5-1986, the respondent No. 1 has issued two notifications of exemption and credit from Excise duty in terms of Rule 8 of the Central Excise Rules (vide C-1 and C-2). This exemption is available on certain conditions. The petitioner claimed to have fulfilled all the conditions of the said notifications and filed returns -with the respondent No. 3 for issuing certificate in the prescribed form (vide Annexure E-l/1 to E-l/10 and E-2/1 to E-2/4). The authority, however, granted certificate only in respect of part of the quantity of production and kept ...
Tag this Judgment!Bagmal Rajmal Singhai Vs. Kamal Kumar Mukundrao @ Balmukund
Court: Madhya Pradesh
Decided on: Jan-21-1997
Reported in: 1998(1)MPLJ98
A.R. Tiwari, J.1. The tenant-appellant has filed this Second Appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 31-10-1990 rendered by the 1st Additional Judge to the Court of District Judge, Shajapur in Civil Regular Appeal No. 10-A/90 thereby affirming with modification the judgment and decree dated 18-1-1990 rendered by Civil Judge Class I, Sarangpur in COS No. 54-A/83. The Trial Court answered issue No. 1 about the purpose of letting in the affirmative i.e. holding that the accommodation was let for non-residential purpose, but the Appellate Court modified the finding and held that it was let out for composite purpose and further held that this reversal of finding has no adverse impact on the decree for eviction as the Respondent is entitled to seek eviction from entire accommodation even on proof of bona fide requirement either under section 12(1)(e) or 12(1)(f) of the M. P. Accommodation Control Act, 1961 as held by the Division Bench of...
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