Madhya Pradesh Court July 1998 Judgments
Gulmohar Griha Nirman Sahakari Sanstha Samiti, Indore Vs. State of Mad ...
Court: Madhya Pradesh
Decided on: Jul-31-1998
Reported in: AIR1998MP328; 1998(2)MPLJ370
ORDERDeepak Verma, J. 1. This order shall also govern disposal of W.P. No. 494/96 (Shrinath Griha Nirman Sahakari Sanstha Maryadit v. State of M.P.); W.P. No. 612/96 (Shri Laxmi Co-operative Housing Society Ltd. Indore v. State of M.P.); W.P. No. 679/1996 (Akash Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P. ); W.P. No. 680/1996 (Madhuri Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P.); W.P. No. 682/1996 (Janta Griha Nirman Sahakari Sanstha Maryadit, Indore v. State of M.P.); W.P. No. 683/1996 (Brijeswari Apartments Co-operative Housing Society Ltd. Indore v. State of M.P.); W.P. No. 684/1996 (Ma Saraswati Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P.); W.P. No. 685/1996 (Shri Deo Griha Nirman Sahakari Sanstha Maryadit Indore v. State of M.P.); W.P. No. 686/1996 (Sukliya Griha Nirman Sahakari Sanstha Maryadit, Indore v. State of M.P.); W.P. No. 687/1996 (Gajanand Griha Nirman Sahakari Sanstha Maryadit, Indore v. State of M.P.); W.P. No. 6...
Tag this Judgment!Nanakchand Shriram Sohani Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1998
Reported in: AIR1999MP55
B.A. Khan, J.1. Appellant was allotted acontract for construction of T.V. Tower at A.B.Road, Indore. The contract also stipulated barbedwire fencing for 60 meters at the rate of Rupees120/- per meter. Appellant, however, outsteppedthe contract stipulation and extended the fencingup to 1854.24 meters contrary to the instructionsof respondents. A final work bill was preparedaccommodating the deviation committed by himand he was paid at market rate of Rs. 1.94 permeter for excess quantity barbed wire. He accepted it in full and final settlement without anyobjection or protest. Later he raised dispute thathe was entitled to Rs. 120/- per meter as percontract rate, leading to the appointment of arbitrator who entered reference on 26-10-89. Respondents resisted this claim amongst others onthe ground that no arbitrable dispute had arisen asappellant Had accepted the final bill without anyobjection. The arbitrator overlooked the objection and published the award on 7-5-1990 up-holding the clai...
Tag this Judgment!Gyanwati Bai W/O Bhagchand Gujar Vs. Bhagchand Mohna Gujar
Court: Madhya Pradesh
Decided on: Jul-30-1998
Reported in: 1999(1)MPLJ408
ORDERRajeev Gupta, J.1. 'ROTI', 'KAPDA' our 'MAKAN', the three bare necessities of life, whether can be managed by the hapless and poor wife, petitioner Smt. Gyanwati Bai, within the amount of Rs. 150/-, awarded by the revisional court, as maintenance under Section 125, Criminal Procedure Code? An answer in negative, to the above question, would trigger another question as to what would be the reasonable and appropriate amount, to be awarded, by this Court, to the petitioner wife, in this petition, filed under Section 482, Criminal Procedure Code, by enhancing the amount of maintenance, granted by the courts below.2. Petitioner wife Smt. Gyanwati Bai, on the non-petitioner's refusal to maintain her, had initiated proceedings against him, for grant of maintenance under Section 125, Criminal Procedure Code, in the Court of J.M.F.C, Chhindwara. The trial court, on considering the entire material on record, found the petitioner wife entitled to grant of maintenance and, therefore, vide ord...
Tag this Judgment!National Insurance Co. Ltd. Vs. Naushad and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1998
Reported in: II(1999)ACC331; 2001ACJ589
Shambhoo Singh, J.1. This appeal is directed by the non-applicant insurance company against the award dated 17.6.94 passed by 12th Additional Motor Accidents Claims Tribunal, Indore, in Claim Case No. 5 of 1993 whereby compensation of Rs. 7,70,000 was awarded with interest at the rate of 12 per cent per annum.2. It was not in dispute that in the night of 3/4.9.1989, a Tempo bearing registration No. MBF 2433 met with an accident resulting in the death of Shelendra, the husband of respondent-claimant No. 3 and father of respondent No. 4 and son of respondent-claimant Nos. 5 and 6.3. The case of the claimants was that in the night intervening 3/4.9.1989, the deceased Shelendra Gupta was going on his scooter. When he reached M.G. Road near Gurudwara (Indore), the respondent No. 2 came there driving the aforesaid Tempo rashly and negligently and hit Shelendra Gupta, as a result of which he died on the spot. At the time of incident the age of the deceased Shelendra was 29 years. He was servi...
Tag this Judgment!Associated Cement Co. Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1998
Reported in: [2000]118STC187(MP)
A.K. Mathur, C.J. 1. The petitioner by this writ petition has prayed that Sections 6(2), 8(2), 8(1)(c), 7AA and 19(1) of the M.P. General Sales Tax Act, 1958 may be declared ultra vires the Constitution. It is also prayed that the petitioner may be held entitled to set-off of an amount of Rs. 6,98,676.2. Brief facts giving rise to this writ petition are that the petitioner is a public limited company with its registered office at 121, Maharshi Karve Road, Bombay. It has its manufacturing units at Katni and Kymore in Madhya Pradesh. It is a registered dealer under the M.P. General Sales Tax Act, 1958 (for short, 'the Act'). The period of assessment involved is from August 1, 1985 to July 31, 1986. The petitioner was first assessed for sales tax and thereafter it was reassessed Under Section 19(1) of the Act. The whole question agitated is with regard to set-off of an additional tax in accordance with Section 8(1)(c) of the Act. Since the petitioner was not given the set-off of Rs. 6,98,...
Tag this Judgment!Mansukh Lal Vs. National Textile Corporation (M.P.) Ltd.
Court: Madhya Pradesh
Decided on: Jul-28-1998
Reported in: [1999(81)FLR377]; (1999)IILLJ265MP
Deepak Verma, J.1. This order shall also govern disposal of W.P. No. 133 of 1995 (Mansukhlal Seth v. National Textile Corporation (MP) Ltd.) as common questions of fact and law are involved in both these petitions.2. For the purpose of disposal of these petitions, the facts enumerated in the aforesaid petition are taken for consideration. The petitioner was working in respondent's Kalyan Mill, Indore on the post of Dyeing Superintendent. He retired from service on October 31, 1993 on attaining the age of superannuation. On the said date, his relieving order was passed. On such order of relieving being passed, he handed over the charge to the Management on the same day.3. The Management of Kalyan Mill, Indore on the retirement of the petitioner requested Director, Finance, National Textile Corporation (MP) Ltd., respondent herein, for releasing the funds so as to enable the Mill to make the payment of gratuity to the petitioner. The gratuity scheme has been made applicable to the worker...
Tag this Judgment!Deepak Shukla Vs. Smt. Savita Shukla
Court: Madhya Pradesh
Decided on: Jul-28-1998
Reported in: II(1999)DMC110
ORDERS.C. Pandey, J.1. This revision is directed against the order dated 9.9.1997, passed by 1st Additional District Judge, Jabalpur, in Civil Suit No. 2A/96, whereby the applicant is directed to pay Rs. 2,500/- per month, to the non-applicant, towards maintenance pendente lite for the period from June, 1994 to September, 1997. The non-applicant was also granted Rs. 200/- for her appearance in the Court on each date in which she appears, and travelling expenses for to and fro journey, for herself and her one attendant, who accompanies her in the said journey by Railways. A further sum of Rs. 5,000/- was also granted by the Trial Court to the non-applicant for the expenses incurred by her during pendency of the suit, including the cost of the Counsel.2. In this revision, filed by the applicant, against the order under Section 24 of Hindu Marriage Act, (henceforth 'the Act'), the grievance of the applicant is that an excessive amount was awarded in two consolidated cases, one under Secti...
Tag this Judgment!Jyoti Overseas Ltd. Vs. Ac Cus. and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1998
Reported in: 1999(80)LC11(MP)
ORDER1. Appellant, a limited company, is running a factory to manufacture grey cotton fabrics for export. It claimed the benefit of export promotion capital goods scheme providing 'zero duty' under notification 111/95 dated 5.6.1995 and obtained an import licence to import plant and machinery worth Rs. 21 crores. It's licence was valid for 24 months and was later extended up to 6.8.1998.2. Appellant imported plant and machinery worth Rs. 13 crores in 1995-96 without paying any customs duty. Later it seems it imported remaining machinery for balance Rs. 8 crores and wrote to Asstt. Commissioner I.C.D. Pithampur whether any duty was payable for it under fresh notification dated 16.9.1997 issued by Government of India.3. He was informed that now under Zero Duty E.P.C.G. scheme, C.V.D. was to be paid at the rate of 10% assessable value plus 0.05% Cess.4. Appellant felt aggrieved of this and filed W.P. No. 824/98. It was resisted by the customs authorities on the ground that the impugned no...
Tag this Judgment!Jyoti Overseas Ltd. Vs. Assistant Commissioner of Cus., I.C.D.
Court: Madhya Pradesh
Decided on: Jul-28-1998
Reported in: 1999(65)ECC380; 1999(111)ELT694(MP)
ORDER1. APPELLANT, a limited company, is running, a factory to manufacture grey cotton fabrics for export. It claimed the benefit of export promotion capital goods scheme providing/zero duty' under Notification 111/95, dated 5-6-1995 and obtained an import licence to import: plant and machinery worth Rs. 21 crores. It's licence was valid for 24 months and was later extended up to 6-8-1998. 2. Appellant imported plant and machinery worth Rs, 13 crores in 1995-96 without, paying any Customs duty. Later it seems it imported remaining machinery for balance Rs. 8 crores and wrote to Asstt. Commissioner LCD. Pithampur whether any duty was payable for it under fresh notification dated 16-9-1997 issued by Government of India.3 He was informed that now under Zero Duty E.P.C.G. scheme, C.V.D. was to be paid at the rate of 10% assessable value + 0.05% Cess.4. Appellant felt aggrieved of this and filed W.P. No. 824/98. It was registered by the Customs authorities on the ground that impugned notifi...
Tag this Judgment!Keshav Ram Thakur and anr. Vs. Smt. Suchhibai
Court: Madhya Pradesh
Decided on: Jul-27-1998
Reported in: AIR1999MP260
ORDERD.M. Dharmadhikari, J. 1. In this appeal filed by the grand parents under Section 47 of the Guardians and Wards Act, 1890 (shortly referred as the Act), the question before this Court is whether the custody of child Narendra Kumar, now aged 11 years, is to be allowed to remain with the appellants by appointing them as his guardians or directing the appellants to return the custody of the minor to respondent Smt. Suchhi Bai who is his natural guardian mother.2, The dispute about guardianship of minor arose between the parties in the background of following facts and events :The father of the child was Constable in Police force posted at Dantewada in District Bastar in the State of M.P. On 4-6-92 in an encounter with Naxaliles he was killed in a bomb explosion. The child Narendra was born on 27-10-87. Since his birth he lived with mother and the grand parents in a house jointly by them in village Parsada about 50 kms. for Mahasamund in Raipur District. As are salt of killing of the ...
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