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Madhya Pradesh Court May 1999 Judgments

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May 02 1999

M/S. Samta Construction Vs. Pawan Kumar Sharma and ors.

Court: Madhya Pradesh

Decided on: May-02-1999

Reported in: (1999)155CTR(MP)405

ORDERDIPAK MISRA, J.:Justifiability of the action of the Deputy Director of Income Tax (Investigation) and Commissioner of Income Tax there respondents Nos. 1 and 2, respectively, herein, requisitioning the bank draft of the petitioner in exercise of power under Section 132A of the Income Tax Act, 1961 (hereinafter referred to as 16 'the Act') on 14-12-96 is called in question in present writ petition preferred under Article 226 of the Constitution of India by the petitioner, a Partnership Firm.2. The essential facts which require narration for the present litigation are that the petitioner firm is engaged in the business of executing various kinds of work and contract operation of quarrying of sand on lease basis from the Government of M. P. As set forth in the petition the Partnership Firm submitted earnest money of Rs. 72,60,000/- (Seventy Two lacs sixty thousand) only in a joint venture along with others with M. P. Matsya Vikas Nigam Limited (hereinafter referred to as 'the Nigam')...


May 01 1999

Netram S/O Kishanlal and anr. Vs. State of M.P.

Court: Madhya Pradesh

Decided on: May-01-1999

Reported in: 1999(2)MPLJ487

ORDERMaithli Sharan, J.1. This is 9th application (LA. No. 2000/99) under Section 389 of the Code of Criminal Procedure for suspension of sentence moved by the appellant No. 1, Netram s/o Kishan Lal. Admittedly, six applications for suspension of the sentence moved by this appellant/applicant were rejected on merits. One application for temporary bail was allowed on 20-1-1998.2. We have heard Shri J. P. Gupta, Senior Advocate, learned counsel for the appellant/applicant at length. We have also heard the learned Government Advocate. Shri Gupta has not dilated his argument on the factual merits of the case, but he has simply confined himself to the point that in view of the law laid down by the Apex Court in Pritpal Singhal v. State of Delhi, (1999) 1 SCC 169 the appellant/applicant deserves to be bailed out obviously because he has been languishing in jail custody for the last more than eight years. He has vehemently argued that whatever the merits or the gravity of the case, the libert...


May 01 1999

Oriental Insurance Co. Ltd. Vs. Kunti and ors.

Court: Madhya Pradesh

Decided on: May-01-1999

Reported in: 2001ACJ504

S.C. Pandey, J.1. This is an appeal under Section 110D of the Motor Vehicles Act, 1939, against the award dated 14.8.1993, whereby the respondent Nos. 1 to 3 have been awarded Rs. 1,00,000 by way of damages in all. The Claims Tribunal has made a direction that out of the amount of Rs. 1,00,000, 73rd shall be paid to respondent Nos. 1 and 2 immediately and the rest of the amount shall be deposited in the fixed deposit till the respondent No. 3 attains majority. It was also stated that in case Rs. 15,000 had already been paid by way of no fault liability, that amount shall be adjusted out of Rs. 1,00,000. It was further stated that an interest at the rate of 15 per cent on the balance of amount from 1.5.1989 shall be paid.2. In this appeal, the only argument advanced by learned counsel for the appellant is that admittedly nine persons were travelling in the truck and for this reason, learned counsel for the appellant relied on para 1 of the application for making claim. According to lear...


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