Madhya Pradesh Court September 1999 Judgments
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Yogendra Singh Vs. State of M.P. Through P.S.
Court: Madhya Pradesh
Decided on: Sep-06-1999
Reported in: 2000(1)MPHT409
ORDERDipak Misra, J.1. Maxwell in his treatise on Interpretation of Statute (tenth edition) page 284 in his inimitable style postulated thus :'The tendency of modern decisions, upon the whole is to narrow materially the difference between what is called a strict and a beneficial construction. All statutes are now construed with a more attentive regard to the language and criminal Statutes with a more rational regard to the aim and intention of the legislature, than formerly. It is unquestionable right that the distinction should not be all together erased from the judicial mind, for it is required by the spirit of our free Institutions that the interpretation of all Statutes should be favourable to personal liberty.'The purpose of referring to the aforesaid passage is due to the fact that the learned counsel for the petitioners have impressed upon this Court to interpret Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'Code') in such a manner so that it would ...
Rom Industries Ltd. and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Sep-06-1999
Reported in: 2000(1)MPHT433; 2000(3)MPLJ125
ORDERMaithlisharan, J.1. The brief facts necessary for the disposal of this petition run thus :2. The petitioner No. 1 was originally incorporated as Roshan Lal Oil Mills Pvt. Ltd. in the year 1974, and its main business was manufacturing, processing the refining oils of all varieties and other oil containing media for human consumption and soap, perfumery and cosmetics. It is a public limited company and to meet out its capital expenditure it planned to raise funds through public issue. The funds were borrowed from inter corporate deposits at very high rates. Further, the petitioners' case is that due to heavy losses and failure of the public issue the net worth of the Company was totally eroded and it eventually became a sick Company after declaration of the BIFR on 30-7-1997 in terms of Section 3(1)(o) of The Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter for short 'SICA').3. The case of the petitioners is that on 31-7-93 the respondent No. 2 had given loan to...
Radheshyam Dewangan and ors. Vs. South Eastern Coalfields Ltd. and ors ...
Court: Madhya Pradesh
Decided on: Sep-02-1999
Reported in: (2001)IIILLJ1271MP
C.K. Prasad, J.1. Petitioners are aggrieved by increase in their working hours from 6 1/2 hours to 8 hours as also reduction in the number of paid holidays. It is the grievance of the petitioners that the aforesaid changes in conditions of service have been done without giving any notice of change and the same has adversely affected their conditions of employment. They seek quashing of the same in the present writ petition filed under Articles 226 and 227 of the Constitution of India.2. Mr. Rajendra Menon appearing on behalf of the respondents submits that increase in working hours as also decrease in number of paid holidays, are disputes in relation to which petitioners have remedy under the provisions of the Industrial Disputes Act. He further points out that several other Unions have raised similar disputes and on reference, same are pending for adjudication before the Central Government Industrial Tribunal, Jabalpur, and other Tribunals.In such a situation, Mr. Menon contends that ...
Mati Bai Vs. South Eastern Coal Fields Ltd. and ors.
Court: Madhya Pradesh
Decided on: Sep-02-1999
Reported in: 2001ACJ209; 2000(1)MPLJ63
Usha Shukla, J.1. On 6.11.1979 truck No. MHG 5764 of the South Eastern Coal Fields Ltd. driven by respondent No. 2 Malkit Singh and insured with respondent No. 3, the Oriental Fire & Genl. Ins. Co. Ltd. met with an accident resulting in the death of a number of persons including one Budhwaro Bai, a young girl about 18 years of age. Her father Bhikha Ram filed a claim petition claiming Rs. 1,80,000 as compensation for her death on the allegation that the accident was a result of rash and negligent driving of the truck.2. The claim was contested by the respondents by denying rashness and negligence of the driver. The South Eastern Coal Fields Ltd. tried to avoid the responsibility by pleading that there were standing orders and instructions to the driver not to pick up any passenger while plying the vehicle of the company, and that the passengers were unauthorised occupants in the vehicle.3. The pleadings of the insurance company were absolutely vague about the breach of conditions of po...
Commissioner of Income-tax Vs. Metachem Industries
Court: Madhya Pradesh
Decided on: Sep-01-1999
Reported in: (2000)161CTR(MP)444; [2000]245ITR160(MP)
A.K. Matiiur, C.J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), at the instance of the Revenue and the following question of law has been referred for answer by this court :'Whether the Income-tax Appellate Tribunal was justified in holding that when there is credit in the capital account of the partner in the books of the firm, the addition therefor cannot be made in the case of the firm under Cection 68 of the Income-tax Act, but the same has to be considered in the case of the partner ?'2. The brief facts necessary for disposal Of this reference are that the asses-see is a partnership firm. During the accounting year relevant to the assessment year under consideration, it was found that there was a credit of Rs. 11,000 in the account of Shri S. K. Gupta, Certain credits in the accounts of the partners were found as under :Rs.1.Smt. ShakuntGupta70,0002,ShriVrindavanlal Gupta80,0003.Shri A.K. Mukherji1,68,0003. The Assessing Officer d...
Mohan Jute Mills Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-01-1999
Reported in: (2000)IIILLJ1550MP; 2000(1)MPHT389
ORDERS.P. Khare, J.1. This is a petition under Articles 226 and 227 of the Constitution of India challenging the order dated May 10, 1999 (Annexure P-18) of the Industrial Court, Raipur, order dated June 1, 1999 (Annexure P-14) of the Labour Commissioner, Indore, Revenue Recovery Certificate dated June 10, 1999 (Annexure P-16) and order dated July 12, 1999 of the Tehsildar, Raigarh (Annexure P-18).2. The petitioner is running a Jute Mill at Raigarh. It was running into losses. It did not pay the dearness allowance to the workers. The Union of the mill gave a notice dated March 4, 1999 for strike for one day. The petitioner challenged it under Section 31 of the M.P. Industrial Relations Act, 1960. By an interim order dated March 5, 1999, the Labour Court, Bilaspur, restrained the Union from going on strike. The workers did not proceed on strike. By notice dated March 29, 1999 (Annexure P-9), the petitioner declared the 'Lockout'. In the notice, it was mentioned that the 'lockout' is bei...
S.P. Anand Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-01-1999
Reported in: 2000(1)MPHT200; 2000(2)MPLJ427
ORDERB.A. Khan, J.1. Petitioner, claiming to be a Constitutionalist and a public spirited person, has filed this petition in public interest for quashing grant and payment of pension to Members of Parliament. He has also challenged legislative competence of the Parliament to enact Section 8A of The Salary, Allowances & Pension of Members of Parliament Act, 1954, being ultra vires Articles 14, 21 and 106 of the Constitution and has prayed for its quashment.2. Petitioner's short case is that Constitution did not provide for grant and payment of pension to MPs as was evident from the provisions of Article 106 of the Constitution which contemplated only payment of salaries and allowances to such Members, to be determined by Parliament. Therefore, Parliament was competent only to enact a legislation related to salary and allowances of the Members of Parliament and 'not the pension' because wherever Constitution makers had intended to provide for such grant and payment of pension, it was so ...
Vishnunath Moitra Vs. M.P.E.B. and ors.
Court: Madhya Pradesh
Decided on: Sep-01-1999
Reported in: 2000(1)MPHT361
ORDERC.K. Prasad, J.1. By this writ petition filed under Articles 226/227 of the Constitution of India, petitioner prays for quashing of the order dated 22-4-1995 whereby respondents have declined to accept the joining report of the petitioner. Further prayer made by the petitioner is to direct the respondents to release his G.P.F. amount.2. Facts necessary for the decision of the present writ petition are that a departmental enquiry was initiated against the petitioner for two charges. One of the charge levelled against the petitioner was that he has misappropriated an amount of Rs. 14611.18 from the amount of revenue collection made by him on 20-2-1981. Second charge against the petitioner was that he is habitual in misappropriating the Board's revenue collection by making less deposit from the amount of revenue collection. In regard to the second charge five instances were cited. The Enquiry Officer after the departmental enquiry held the petitioner guilty of both the charges. A sho...
isarul Haque Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-01-1999
Reported in: 2000(2)MPHT23
ORDERC.K. Prasad, J.1. By this writ petition, filed under Articles 226 and 227 of the Constitution of India, petitioner is aggrieved by acquisition of his land under the Land Acquisition Act.2. The view which I am inclined to take in this writ petition makes it unnecessary to give in detail the facts of the case. Suffice it to say that a small piece of land of the petitioner as also lands of other persons were acquired for the construction of rope-way of respondent No. 5 M/s. Mysore Cement Limited. It is not in controversy that possession of the land of the petitioner as also other persons has been taken and the rope-way of the Diamond Cement Company of respondent No. 5 has become operational since more than a decade. It is further not in controversy that a large number of persons are employed in the Company and in case the acquisition of the land of the petitioner under the provisions of Land Acquisition Act is held to be bad, the entire activity of the Cement Company shall be put to ...
Deepak Dawar and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-01-1999
Reported in: 2000CriLJ2874
N.K. Jain, J.1. Pursuant to the order of Reference, passed on 3-10-97 by one of us. (N.K. Jain, J.) this M.Cr.C. has been placed before us for resolving the question as extracted below :Whether the High Court can, in an appropriate case, in exercise of its inherent powers under Section 482 Cr.P.C., grant permission to the parties to compound a non-com-poundable offence or quash criminal prosecution as a result of such compromise between the parties, to secure ends of justice, keeping in view the statutory bar contained under section 320(9) Cr.P.C.?2. The applicants herein are facing criminal trial (Criminal Case No. 3771/95 State of M.P. v. Deepak) in the Court of Judicial Magistrate, First Class, Indore, instituted on a police report, under Sections 406 and 498A, IPC. When the case was fixed for evidence on 30-5-97, an application was filed by respondent No. 3 Smt. Leena Dawar, under Section 320(2) Cr.P.C., for permission to compound the offences against the applicants. The learned tr...
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