Madhya Pradesh Court January 2001 Judgments
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Engee Electronics Vs. Industries Commissioner and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: [2001]122STC12(MP)
ORDERA.M. Sapre, J. 1.The decision rendered in this writ shall govern the disposal of other writ being M.P. No. 1336 of 1992 as in both these writs, common question of law is involved.2. By filing this writ under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of order dated August 3, 1991, passed by District Level Committee (annexure G/1) and an appellate order dated June 4, 1992 (annexure I), which affirms the order dated August 3, 1991, passed by the District Level Committee. In order to appreciate the issue involved in the writ, few facts which lie in a narrow compass need mention.3. Petitioner is engaged in the business of manufacture of sale of rechargeable torches. For this purpose it has set up a new small-scale industrial unit at Sanawad in District Khargone. Necessary provisional registration certificates declaring it to be a S.S. unit have been issued to the petitioner, similarly provisional certificate of registration under State Sales Tax Act a...
C.A. Abraham Vs. M.P.E.B. Through Divisional Engineer and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: 2001(5)MPHT92
ORDERBhawani Singh, C.J.1. This appeal arises out of the award of the Motor Accidents Claims Tribunal Bhopal, in M.C.C. No. 32/84, dated 30-11-1991, whereby claim for Rs. 3,04,300.00 was made, but the Tribunal awarded Rs. 62,778.08 with interest at the rate of 12% per annum. Claimant is not satisfied with this award, therefore, enhancement is claimed through this appeal.2. The accident took place on 30-12-1983. Appellant was going on his scooter bearing registration No. CPD 4477 at about 10 p.m. from Bogda bridge towards railway station on the left side of the road when jeep bearing registration No. MBB 171 owned by the MPEB, came from the opposite direction, driven rashly, negligently and carelessly, dashed against the claimant's scooter from the front side, resulting in multiple injuries to the claimant and his brother-in-law. It appears that the claimant suffered injuries to second, third and fourth right ribs, shaft of femur (right), lateral condyl of tibia (right), shaft of fibula...
Bholaram and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: II(2001)DMC110
ORDERS.C. Pandey, J.1. This revision is directed against the order dated 20.8.1998 passed by learned Addl. Sessions Judge, Lakhnadone in Sessions Trial No. 82/98. By the impugned order, the learned Addl. Sessions Judge has framed charges under Section 306, I.P.C. against the applicants.2. The forts of this case are that applicant No. 1 Bholaram is the father of applicant No. 2 Mahendra Kumar. Smt. Abha, daughter of applicant No. 1 and the younger sister of applicant No. 2, was married to Rajesh Kumar Sen on 20th April, 1996 at Chhapara. It is alleged by the prosecution that on the night following marriage, Smt. Abha who had married Rajesh Kumar Sen, refused to have sexual intercourse with him. The ground of refusal as stated by Abha, was that she was unable to perform sexual intercourse on account of the fact that she had been operated upon due to some chronic disease and she had been advised by her doctors that in case she perform sexual intercourse, she would die. It is further alleg...
Mohit Enterprises Vs. Sales Tax Officer and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: [2001]122STC321(MP)
ORDERA.M. Sapre, J. 1 The petitioner by filing this writ under Articles 226 and 227 of the Constitution of India, seeks quashing of sales tax assessments for the period September 16, 1987 to March 31, 1989, Revenue Recovery Certificate dated December 11, 1991 (annexure P4), cancellation of sales registration certificate dated February 13, 1991 (annexure P9) and the order of revisionary authority dated August 24, 1992 (annexure P11). Yet another relief in the nature of issuance of writ of mandamus is claimed for disposal of revision filed arising out of three assessment orders.2. Petitioner is a dealer engaged in the business of sale and purchase of hydrogenated oil at Indore. It is a registered dealer both under the State Sales Tax Act as also Central Sales Tax Act.3. The petitioner was assessed to sales tax for the period September 16, 1987 to December 31, 1987. This assessment was essentially in respect of one transactions with another dealer--Kitchan aid Indore. This resulted in dec...
Govind Singh Vs. Sunita Devi
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: I(2001)DMC490
N.K. Jain, J. 1. Heard Mr. Darshan Singh, learned Counsel for applicant.The order impugned is rendered in revision by the Sessions Court in affirmance of the order passed by the Magistrate under Section 125, Cr.P.C. granting maintenance to respondents - wife and minor son of the applicant.2. It appears that earlier also an order of maintenance was passed in favour of respondent No. 1, the wife of the applicant. However, during execution proceedings some compromise was arrived at between the husband and wife and the wife started living with the husband. However, after a lapse of about 3 years, she renewed her prayer alleging that the husband has again neglected to maintain her and minor child. The only objection raised by the applicant is that in view of the first order of maintenance, the second application did not lie in law. He has placed reliance on a Supreme Court decision in Mahua v. Biswas, 1998 (1) MPWN 186.3. The Apex Court in the aforesaid decision held :'The matter can be vie...
Lalmani Pandey and ors. Vs. Ugratara Bus Service and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: 2001(5)MPHT544
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Shahdol Camp Beohari, in Claim Case No. 7/89, dated 26-8-1991.2. The deceased-Rajkeshar Pandey (22) was conductor in Ugratara Bus Service, Rewa. He died in accident, that took place on 9-3-1989. The claim has been dismissed by the Claims Tribunal, Shahdol, on August 26, 1991, on the ground that it was not proved that the accident had taken place due to rash and negligent act of the driver of Bus No. MPL 4001, as alleged.3. On 9-3-1989 the deceased was travelling by Bus No. MPL 4001 owned by Ugratara Bus Service, Rewa. This bus was owned by Dhirendra Kumar Gupta, driven by Lalmani Sen and insured with the New India Insurance Company. It reached a place where Bus No. MPG-6939 owned by the M.P. Slate Road Transport Corporation was standing. The allegation is that on instruction of the driver of Ugratara Bus Service, the deceased was helping the driver to clear side by the other bus ...
C.A. Abraham Vs. Madhya Pradesh Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2001
Reported in: 2003ACJ901
Bhawani Singh, C.J.1. This appeal arises out of the award of the Motor Accidents Claims Tribunal, Bhopal, in M.C.C. No. 32 of 1984, dated 30.11.91, whereby claim for Rs. 3,04,300 was made, but the Tribunal awarded Rs. 62,778.08 with interest at the rate of 12 per cent per annum. Claimant is not satisfied with this award, therefore, enhancement is claimed through this appeal.2. Accident took place on 30.12.1983. Appellant was going on his scooter bearing registration No. CPD 4477 at about 10 p.m. from Bogda Bridge towards railway station on the left side of the road when jeep bearing registration No. MBB 171 owned by the M.P.E.B., came from the opposite direction, driven rashly, negligently and carelessly, dashed against the claimant's scooter from the front side, resulting in multiple injuries to the claimant and his brother-in-law. It appears that the claimant suffered injuries to second, third and fourth right ribs, shaft of femur (right), lateral condyl of tibia (right) shaft of fib...