Madhya Pradesh Court July 1999 Judgments
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Brijendra Mishra Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-20-1999
Reported in: AIR2000MP40
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the order dated 15-6-1999 (Annexure P-6) and order dated 17-6-1999 (Annexure P-7) passed by the respondent No. 1 State of Madhya Pradesh.2. The petitioner was Mayor of the Municipal Corporation, Kathni. He was absent in all the five meetings of the Corporation held on 30-4-1998, 5-5-1998, 3-7-1998, 26-12-1998 and 30-3-1999. Section 17(2)(c) of the M.P. Municipal Corporation Act, 1956 (hereinafter to be referred to as the Act) provides that if any Mayor absents himself during six consecutive months from the meetings of the Corporation except 'with the leave of the Corporation' he shall be disabled from continuing to be a Mayor and his office shall become vacant. Sub-section (3) of Section 17 further provides that in every case the authority competent to decide whether a vacancy has occurred shall be the Government. The proviso to this sub-section provides that no order under this sub-sect...
Commissioner of Income-tax Vs. Suresh Chandra Mittal
Court: Madhya Pradesh
Decided on: Jul-20-1999
Reported in: [2000]241ITR124(MP); 2000(2)MPLJ82
B.A. Khan, J. 1. The Income-tax Appellate Tribunal has made this reference and has filed statement of the case, for opinion of this court on the following question :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty levied under Section 271(1)(c) of the Income-tax Act, 1961 ?'2. Shorn of all details, it emerges that the assessee first filed his returns for the assessment years 1983-84, 1984-85, 1985-86 and 1986-87 showing income ranging between Rs. 10,000 and Rs. 12,000. Later action under Section 132 was taken against him which led to reopening of the assessment. A notice under Section 148 was served on him, and pursuant thereto he filed revised returns of income for these assessment years showing higher income. Eventually the assessment orders were passed and the returns submitted regularised under Section 148.3. Meanwhile the Assessing Officer took penalty proceedings against the assessee under Section 271 and levied pen...
Smt. Arunadevi Baheti Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Jul-20-1999
Reported in: [2000]241ITR622(MP)
B.A. Khan, J.1. Whether the Income-tax Appellate Tribunal could entertained a new plea/ground though on the same subject-matter which did not arise out of the orders passed by the Revenue forums below, is the interesting question raised in this reference.2. The Revenue has submitted a statement of case for the opinion of this court on the following two questions :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in entertaining the new ground which did not arise out of the order of the Appellate Assistant Commissioner and also out of the assessment order of the Wealth-tax Officer ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing the Revenue to raise altogether a new point that the property consisted of two houses and not one as was accepted by the wealth-tax appellate authority ?'3. The facts giving rise to this matter are that the assessee owned a house at No. 568, M. G. Road, Khandwa. The Wea...
Rewa Gases Pvt. Ltd. Vs. Assistant Collector of C. Ex., Satna
Court: Madhya Pradesh
Decided on: Jul-20-1999
Reported in: 2002(140)ELT18(MP)
ORDERS.P. Khare, J. 1. This is a petition under Article 226 of the Constitution of India seeking the relief to quash the impugned order dated 27-12-1993/7-1-1994 (Annexure 1) and to issue a direction to the respondents to refund the amount of Rs. 8,45,323.10 to the petitioner.2. The petitioner is a Private Limited Company. It is engaged in the manufacture of industrial gases at Waidhan in District Sidhi. It was eligible for concession in excise duty as per notification dated 1-3-1986. This was amended by notification dated 30-10-1987. The petitioner was required to pay an amount of Rs. 8,45,323.10 due to some mistaken interpretation of this amended notification. The petitioner submitted an application under Section 11B of the Central Excises and Salt Act, 1944 (hereinafter to be referred to as the Act) before the Assistant Collector of Central Excise, Satna for refund of this duty. The plea of the petitioner that he had not passed on the incidence of this duty to the customers was acce...
Dilip Kumar Khandalkar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-15-1999
Reported in: 2000(2)MPHT228; 2000(1)MPLJ438
ORDERS.P. Srivastava, J.Heard the learned counsel for the petitioner and the learned Govt. Advocate who has appeared on advance notice.Perused the record.1. The petitioner who had been employed as an Upper Division Teacher (Mathematics) in Shree Maharudra Bahu Uddeshya Uchchatar Madhyamik Vidyalaya, Lashkar, Gwalior on 30-11-1977, after resigning from the said post with effect from 1-9-1979, was appointed in the J.C. Mills Higher Secondary School as an Upper Division Teacher on 28-8-1979 and was confirmed on the said post vide the order dated 4-9-1980 issued by the Secretary, J.C. Mills Educational Institutions Managing Society which was running and managing the said school. It is claimed that Smt. Mradula Shukla who has been impleaded as the respondent No. 9 in the writ petition had also been appointed as an Upper Division Teacher in the year 1977 in Shree Maharudra Bahu Uddeshya Uchchatar Madhyamik Vidyalaya. From the materials on record it appears that he had raised a dispute in reg...
Steel Authority of India Ltd., Bhilai Vs. Assistant Commissioner of Co ...
Court: Madhya Pradesh
Decided on: Jul-14-1999
Reported in: AIR2000MP98; 2000(1)MPLJ115
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India challenging the demand of Entry tax by the letter dated 18-2-1998 (Annexure-F) by the respondent No. 1.2. The petitioner is a Government company. It is manufacturing iron and steel in its Plant at Bhilai. It is using high silica lime stone as fluxing material in blast furnace process. It is also using low silica lime stone in manufacturing steel by a new technique with the use of converters. The two kinds of lime are brought by the petitioner within the local area of Bhilai. The petitioner was paying entry tax as per M.P. Sthaniya Kshetra-Me-Mal-Ke Parvesh-Par Kar Adhlniyam, 1976 (hereinafter to be referred to as the Entry-Tax Act), at the rate of 1% on high Silica lime stone. It was paying this tax at the rate of 0.5% on low silica lime stone under the residuary entry.3. By notification dated 2-2-1994 (An-nexure-A) issued under Section 4-A of the Act, entry tax on lime stone was raised to 10%. The ...
State of M.P. and ors. Vs. Yogendra Prasad Sharma
Court: Madhya Pradesh
Decided on: Jul-14-1999
Reported in: 1999(2)MPLJ667
ORDERB.A. Khan, J.1. Respondent was a Deputy Collector. He has retired since. It appears that during his service tenure he was charged of some irregularities allegedly to have been committed by him resulting in loss of some Government money. An enquiry was ordered against him. He was compulsorily retired from service and his pension was also ordered to be withdrawn by impugned order dated 9-11-1990. He filed O.A. No. 111/93 challenging this which was partly allowed by Tribunal vide order dated 10-4-1997 requiring respondents to pass fresh orders for withdrawing his pension in accordance to proviso to Rule 9 of M.P. Civil Services (Pension) Rules, 1976 and in the Form provided under these Rules.2. State has filed this petition now after two years or so calling in question the order passed by the Tribunal by placing a different interpretation on the provisions of Rule 9. The case set up is that under this proviso the requirement of minimum deduction was applicable to only part withdrawal...
Prahalad Singh Patel Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-14-1999
Reported in: 2000(1)MPHT89
ORDERC.K. Prasad, J.1. In all these writ petitions filed under Article 226 of the Constitution of India, petitioners question the decision of the respondents by which they have been held to be disqualified to hold charge of Panchayat Secretaries of their respective Gram Panchayats, on the ground that they are related to one or the other office bearer of the Gram Panchayat.2. Short facts giving rise to these writ petitions are that the petitioners were earlier appointed by their respective Gram Panchayats as the Panchayat Karmi as provided under Section 70 of the M.P. Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act'). Later on, they were appointed as Panchayat Secretaries by the prescribed authority as contemplated under Section 69 (1) of the Act. In some of the cases these appointments have taken place prior to 7-1-1997, i.e., before coming into force of the Madhya Pradesh Panchayat Raj (Amendment) Act, 1996. However, in some cases these appointments have taken place after...
Catherine Teresa Raj Pillai Vs. Awtar Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1999
Reported in: 2000ACJ1123
Usha Shukla, J.1. This is the claimant's appeal for enhancement of compensation awarded by the Second Motor Accidents Claims Tribunal, Murwara (Katni) on account of death of her son Sunder Raj Pillai in an automobile accident.2. The appellant is the mother of the deceased who was 37 years old at the time of the accident. He was an employee of the Indian Railways and as per the salary certificate Exh. P-1, was earning a salary of Rs. 1,857 per month as Electric Fitter Grade IX. On the fateful day he was hit by truck No. PAT 5357 driven by respondent No. 1, owned by respondent No. 2 Raj Pillai died on the spot as a result of the injuries sustained in this accident. The driver was apprehended on the spot.3. The Tribunal held that the accident occurred on account of the rash and negligent driving of this truck and considering the age of the deceased and that of the claimant a multiplier of 13 was taken. The annual dependency was assessed at Rs. 15,084 after deducting Rs. 600 from his salar...
Munni Bai and ors. Vs. Raj Bahadur and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1999
Reported in: 2001ACJ424
D.M. Dharmadhikari and Shukla, JJ.1. Kunjbihari was a young man of 35 years of age and was getting a salary of Rs. 1,010 per month as chowkidar on daily wages. He lost his life in a road accident on 4.1.1995. He left behind his wife and two minor children. On a claim petition filed by them, Third Additional Motor Accidents Claims Tribunal, Satna made an award of Rs. 61,400 in their favour. They have challenged the adequacy of this award before this court.2. The objection raised on behalf of the appellants is that the compensation is extremely low, and the deductions made from the dependency, as calculated by the Tribunal were improper and illegal.3. The counsel for the respondents, however, supported the award.4. A perusal of the record of the case shows that there is no dispute about the age and income of the deceased. Out of his salary of Rs. 1,010, if one-third is deducted on account of personal living expenses, the dependency of the claimants comes to Rs. 664 or Rs. 7,968 per annum...
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