Madhya Pradesh Court March 2001 Judgments
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Dr. Anil Kumar Haritwal and anr. Vs. Sant Prakash Gupta
Court: Madhya Pradesh
Decided on: Mar-22-2001
Reported in: 2001CriLJ3632
Fakhruddin, J.1. This order shall govern the disposal of all the aforesaid three revision-petitions.2. Cri. Revn. 344 and 412 of 2000 have been filed against the order dated 29-8-2000, passed by the trial Court whereby the application moved Under Section 142-A of the Negotiable Instruments Act, hereinafter referred to 'N.I. Act', whereunder the objection raised regarding competency to file complaint by a person in question has been rejected and the complaint was held to be maintainable, taking cognizance in the matter.3. The facts of Cri. Revn. No. 344/2000 are that the complainant Sant Prakash Gupta had made a complaint Under Section 138 of the N.I. Act, as per Annexure P/1, against the petitioners-accused on the ground that the petitioners/accused took a loan in the sum of Rs.3,OO,OOO/- from the respondent/complainant through cheque No. 485117, dated 11-6-96 and in lieu thereof they had executed a promissory note in favour of the complainant to the effect that on demand they will ret...
Neo Sack Ltd. (Export Division) Vs. Commr. of Cus. and C. Ex.
Court: Madhya Pradesh
Decided on: Mar-22-2001
Reported in: 2001(76)ECC145; 2001(132)ELT555(MP)
ORDERA.M. Sapre, J.1. What is challenged in this writ filed by the petitioner under Articles 226 and 227 of the Constitution of India is, an order dated 27-11-2000 (Annexure P5-A), passed by Deputy Commissioner of Customs by which the petitioner is asked to execute the Bond for the value of the goods as also to furnish a Bank Guarantee for Rs. 60,00,000/-. The order reads as under :-'In this connection it is to intimate you that the Hon'ble Commissioner is pleased to allow provisional release of subject goods subject to execution of a bond for the full value of the goods with a bank guarantee for Rs 60,00,000/-(Rupees Sixty lacs).You are therefore requested to please execute the required bond with a bank guarantee of Rs. Sixty lacs in order to release the subject goods provisionally.'2. The grievance of petitioner is only to the extent of direction for furnishing of Bank Guarantee. According to petitioner, this being a case of provisional assessment it will be governed by Custom (Provi...
Hasmukhalal Vs. Income-tax Officer and ors.
Court: Madhya Pradesh
Decided on: Mar-21-2001
Reported in: [2001]251ITR511(MP)
A.M. Sapre, J.1. The decision rendered in this petition shall also govern the disposal of another connected petition being W. P. No. 918 of 2000. as in both these petitions, a common question of law is involved. The facts in brief that led to the filing of the writ need mention. The petitioner is an assessee within the meaning of Section 2(7) of the Income-tax Act, 1961. He is being assessed as an individual. He is engaged in the business of jewellery and money-lending.2. That for the assessment years 1986-87, 1988-89 to 1992-93. the petitioner was assessed for his income by the Assessing Officer under Section 143(3) of the Act. Since some of the orders were against the petitioner, he filed appeals to the appellate authority (Commissioner of Appeals). The appellate authority by its orders (annexures P-1 to P-6) partly allowed these appeals. As a result of these appellate orders, the petitioner became entitled to receive some amount by way of refund. It is not in dispute that these appe...
Gopal Lal Vs. Tulsibai and Others
Court: Madhya Pradesh
Decided on: Mar-20-2001
Reported in: II(2001)ACC360; 2002ACJ1278; 2001(3)MPHT234
ORDERA.K. Gohil, J. 1. The appellant, owner of the vehicle, has filed this appeal under Section 173 of the Motor Vehicles Act (for short 'the Act') against the interim award dated 5-10-1998 passed by the M.A.C.T., Garoth in Claim Case No. 33/98, whereby exonerated the Insurance Company from liability of compensation under no fault liability of Rs. 50,000/- on the ground that the driver of the vehicle was not having a driving licence.2. The respondent No. 1/claimant Tulsibai filed claim petition for recovery of compensation on account of death of her son namely Jeetu in accident on 5-1-1997 alongwith an application under Section 140 of the Act for interim compensation under no fault liability. The Insurance Company has been impleaded as party filed an objection that Vijay Singh who was driving the vehicle was not holding valid driving licence. The Tribunal upholding the objection, on that ground exonerated the Insurance Company from its liability and directed the appellant/owner and the...
Om Prakash Gupta and ors. Vs. Income-tax Officer, Ward 1, Gwalior and ...
Court: Madhya Pradesh
Decided on: Mar-20-2001
Reported in: [2001]251ITR714(MP)
S.S. Jha, J.1. The order in this petition shall also govern the disposal of Writ Petitions Nos. 351 of 2001 (Ram Kishan v. ITO), 353 of 2001 (Dabbu ram Gupta v. ITO) and 354 of 2001 (Sangeeta Gupta v. ITO).2. The petitioner has filed this petition praying therein that the order of attachment, dated February 14, 2001, be quashed. It is further prayed that respondents Nos. 5 to 9 be directed to release the stock of the petitioner and the petitioner be permitted to operate his bank account. It is further prayed that respondent No. 1 be restrained from passing any order of attachment in future unless the demand is created against the petitioner.3. Learned counsel for the petitioner submitted that the petitioner is carrying on wholesale business of food grains at Dabra. The petitioner received a copy of instructions on February 14, 2001, issued by respondent No. 1, whereby the bank accounts of the petitioner were frozen in pursuance of survey proceedings under Section 133A of the Income-tax...
Sayeed Maqsood Ali Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Mar-19-2001
Reported in: AIR2001MP220; 2001(3)MPHT459; 2001(2)MPLJ605
ORDERDipak Misra, J.1. Life is a glorious gift from God. It is the perfection of nature, a masterpiece of creation. It is majestic and sublime. Human being is the epitome of the infinite prowess of the divine designer. Great achievements and accomplishments in life are possible if one is permitted to lead an acceptably healthy life. It has been said 'life is action, the use of one's powers' and powers one can use if he has real faith in life. The term 'life' as employed under Article 21 of the Constitution of India does never mean a basic animal existence but conveys living of life with utmost nobleness and human dignity - dignity which is an ideal worth fighting for and worth dying for. Life takes within its fold 'some of the finer graces of human civilization which makes life worthliving'. Right to live in its ambit includes right to health and health gives a serene and halcyon signification to life. It has been said that preservation of health is a duty and as per Herbert Spencer, '...
State of Madhya Pradesh Vs. Presiding Officer and ors.
Court: Madhya Pradesh
Decided on: Mar-19-2001
Reported in: [2002(95)FLR582]; 2001(4)MPHT384
ORDERJ.G. Chitre, J. 1. Smt. Chaphekar submitted that the Labour Court committed the error in coming to a conclusion that the members of respondent No. 2 arc permanent employees. She further pointed out that the Labour Court committed the error of law in directing that the petitioners should give wages to them in view of Minimum Wages Act. In this context she made reference to the evidence of witnesses examined on behalf of respondent No. 2 as well as the evidence of Shri Shrivastava and Shri Saxena, the witnesses examined by the petitioner. She further submitted that there are only four permanent posts of Chowkidars and, therefore, it was necessary for the Labour Court to keep this aspect in mind while passing the judgment and award which has been assailed by this petition.2. Shri Moyal counsel appearing for respondent No. 2 submitted that the judgment and award passed by the Labour Court is correct, legal and proper. Shri Moyal submitted that the petitioners are serving since 1980 an...
Banwarilal Gupta and Others Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Mar-16-2001
Reported in: 2001(2)MPHT307; 2002(1)MPLJ420
ORDERS.S. Jha, J. 1. The present petition is filed by the petitioners challenging the order dated 19-3-1997, Annexure P-11, passed by State of Madhya Pradesh.2. Brief facts of the case are that the Collector, Morcna has passed an order for exchange of Government land with the agricultural land of Ban-warilal vide order dated 20-3-1985. Banwarilal s/o Murarilal, through natural guardian Murarilal, has moved an application that he wants to exchange his agricultural land bearing survey No. 84 with the Government land bearing survey Nos. 904 and 942. The matter was sent for enquiry and report of Tehsildar, Jora. Tehsildar, Jora after proclamation enquired into the matter and wrote a letter to Gram Panchayat for its opinion about the exchange. The Sarpanch and four panchas of the village had no objection to exchange of land. Tehsildar, Jora recorded statement of Patwari of the village and Murarilal.3. After recording the statement, a memorandum was forwarded to Sub-Divisional Officer for hi...
Gajendra Vs. Smt. Madhu Mati
Court: Madhya Pradesh
Decided on: Mar-16-2001
Reported in: AIR2001MP299; II(2001)DMC123; 2001(3)MPHT335; 2001(2)MPLJ433
V.K. Agrawal, J. 1. This appeal preferred under Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dated 23-12-1991 by Third Additional District Judge, Bhopal, dismissing the petition under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act' for short), praying for divorce.2. Undisputably, the parties were married in the month of February, 1976 at Indore. Both of them were minors at the time of their marriage. I; is also not in dispute that the elder sister of respondent was also married to the elder brother of petitioner on the same day, on which the parties were married. The 'Gauna' ceremony took place in the year 1978; whereafter, the respondent/wife came to the house of petitioner husband for a short while and then went back to the house of her parents. She continued to reside with her parents at Indore till the year 1983. The parents of appellant/husband are permanently residing at Bhopal. It ...
Jaiprakash Vs. Shankar Prasad Tiwari
Court: Madhya Pradesh
Decided on: Mar-16-2001
Reported in: 2001(5)MPHT490
ORDERS.B. Sakrikar, J.1. Applicant/tenant has directed this revision against the order dtd. 27-7-2000 passed by the Rent Controlling Authority, Indore in Case No. A-90(7)52/99, thereby allowing application filed on behalf of the non-applicant/landlord for eviction of the applicant under Section 23-A (b) of the M. P. Accommodation Control Act (for short the Act).2. Briefly stated the facts of the case are that - The non-applicant landlord who is a retired employee of the High Court of M.P. Indore Bench, on his retirement, filed an application before the R.C.A. for eviction of the applicant (tenant), from the two rooms situated on the ground floor of House No. 31 (old No. 30/2) Ramganj, Jinsi Main Road, Indore. It is alleged in the application that the aforesaid two rooms of the ground floor were let out to applicant under the agreement of tenancy for the non-residential purpose on monthly rent of rent of Rs. 1100/-. In the application the eviction of the applicant/tenant was sought on t...
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