Madhya Pradesh Court October 2002 Judgments
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M.P. State Agro Industries Development Corporation Ltd. Vs. Commission ...
Court: Madhya Pradesh
Decided on: Oct-22-2002
Reported in: (2003)183CTR(MP)33; [2005]274ITR582(MP)
Arun mishra, J. :1.In this writ petition petitioner assails the order p. 10, dt. 23rd Dec., 1997, communicated on 16th Aug., 2001, passed under Section 264 of the IT Act, 1961, for the accounting year 1993-94 dismissing the revision filed by the petitioner against the order p. 7 passed under Section 139(9) of the IT Act, 1961 (hereinafter referred to as 'the Act, 1961').2. The facts shorn of unnecessary details indicate that petitioner is a Government company registered under the Indian Companies Act, 1956, (hereinafter referred to as 'the Act, 1956') and formed by the State Government for the purpose of development of agricultural activities for providing various agricultural inputs at reasonable rates to the farmers by manufacture and also by way of trading in various items connected with agriculture and village development.3. Petitioner submitted its return of income for the accounting year 1993-94 in the asst. yr. 1994-95 on 30th Nov., 1994, declaring loss of Rs. 5,03,250 on estima...
Tirupati Constructions Vs. South Eastern Coalfields Ltd. and ors.
Court: Madhya Pradesh
Decided on: Oct-21-2002
Reported in: 2003(2)MPHT17
ORDERArun Mishra, J.1. Petitioner is assailing the order contained in document No. 6 passed on20-6-2002 debarring the petitioner from participating in any tender process for two years from the date of issue of the letter (D-6). 2. Petitioner submits that petitioner is a registered contractor with respondent No. 1 and is registered as A-5 Class contractor with Public Works Department of M.P. Municipal Council, Shahdol, required JCB machine to remove encroachment in Shahdol. At the instance of General Manager, SECL petitioner sent JCB machine to Shahdol for about eight days. Petitioner as per letter (D-2), dated 27-4-1999 called upon the General Manager to release hire charges amounting to Rs. 1,30,500/-. Amount was not paid, hence suit was filed. Petitioner was asked to withdraw the suit; petitioner failed to oblige respondent No. 2 Chief General Manager, SECL. During the period January to April, 2002 petitioner firm purchased 12 Nos. of tender documents. On going through the tender sch...
Allahabad Bank and ors. Vs. Surendra Kumar Mishra
Court: Madhya Pradesh
Decided on: Oct-21-2002
Reported in: (2003)IILLJ373MP; 2003(1)MPLJ574
S.L. Jain, J. 1. Being aggrieved by the order dated December 5, 2001 passed by the learned single Judge in Writ Petition No. 4060 of 2001 (since reported in 2002(2) MPLJ 395, appellants have preferred this appeal under Clause 10 of the Letters Patent. 2. Facts shorn of details and necessary for the disposal of this appeal are as follows: 'In the year 1994 respondent was working as Marketing Manager in the Regional Office of the appellant-Bank (hereinafter referred to as the 'Bank'). Pursuant to settlement dated October 29, 1993 between the appellant-Bank and the Indian Bank Association, All India Bank Employees Association, N.C.B.E. and B.E.F., the appellant-bank introduced a pension scheme in their bank. The proposed scheme was styled as 'Allahabad Bank (Employees) Pension Regulations, 1993'. It provided that the existing employees could opt for pension in lieu of employer's contribution towards Provident Fund. According to the respondent he exercised his option within the stipulated ...
Tcl Baron India Limited Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-21-2002
Reported in: [2004]136STC308(MP)
A.M. Sapre, J.1. Having heard the learned counsel for the parties and having perused the record of the case, I am of the considered view that this matter needs to be remanded to Commercial Tax Officer--the respondent No. 3 hence for holding a proper inquiry into the issue which was before him and is now subject-matter of this writ.2. The issue arises out of the proceedings under Section 38 of the Madhya Pradesh Vanijyik Kar Adhiniyam, 1994 read with Rule 44 of the Rules framed thereunder.3. It appears that the Sales Tax (Commercial Tax Department) has to recover a sum of Rs. 1,65,00,000 by way of outstanding towards commercial tax due from the respondent No. 4 company. In other words, there are commercial tax dues amounting to Rs. 1,65,00,000 standing against the respondent No. 4 and the same are not being paid by the respondent No. 4. They have in other words become chronic defaulter to State. It is for this reason, the sales tax/commercial tax authorities have been running from pilla...
Ramrajsingh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Oct-18-2002
Reported in: I(2003)BC384; 2003(1)MPHT178
S.L. Kochar, J.1. This revision has been filed by the applicant against the judgment dated 28-8-2002 passed by the learned Addl. Sessions Judge, Indore in Cr. Appeal No. 265/2002 thereby dismissing the applicant's appeal and maintaining the conviction and sentence of S.I. for one month and awarding compensation of eight lacs rupees to the non-applicant No. 2. In default of payment of the amount of compensation to suffer further S.I. for three months under Section 138 of the Negotiable Instruments Act, passed by the learned Judicial Magistrate First Class, Indore in Cr. Case No. 579/96 on 10-7-2002.2. Tersely the case of the non-applicant/complainant before the Court below was that the complainant was dealing in the business of transportation. The applicant was the General Manager of J.K. Utility Division on J.K. Synthetics Ltd., whereas the absconded accused Anup Chaturvedi was the Finance Manager. Both were working under the Managing Director Manoj Kumar Mathur. The non-applicant and ...
Deevan Arjun Singh Vs. State and anr.
Court: Madhya Pradesh
Decided on: Oct-18-2002
Reported in: 2003CriLJ3685
ORDERNarain Singh 'Azad', J.1. Petitioner's Supurdgi application under Section 451 of the Cr. P. C., stood disallowed by C.J.M., Narsinghpur, on 7-3-2000, and the petitioner remained unsuccessful on 2-6-2002, in his Criminal Revision No. 33/2000, also wherein, his challenge to the order dated 7-3-2000, passed by C.J.M., stood negatived by Special Judge (Atrocities), Narsinghpur, therefore, he seeks quashment of both the aforesaid orders and interim custody of his Armada Jeep, bearing No. M.P. 19-A/3322, in exercise of inherent powers.2. It is found detailed by Revisional Court in its order dated 2-6-2002, that on 10-9-99, a patrolling party of Forest Officers intercepted Armada Jeep bearing No. M. P. 19-A/3322, on National Highway No. 12, near Tendukheda, while coming from Peepar-wani, who on search found that Shivraj, father of this petitioner, Beni Singh and Ashok Kumar were occupying the seats. These Forest Officers found fresh pieces of flesh in a bundle and some cooked flesh also ...
Narayan Rao (Dead) Through L.Rs. Girish Narayan Rao and ors. Vs. State ...
Court: Madhya Pradesh
Decided on: Oct-11-2002
Reported in: 2003(1)MPHT90; 2002(1)MPLJ28
ORDERS.P. Khare, J.1. This is a revision by the plaintiffs against the order by which 'furtherproceedings in the suit have been terminated' purporting to act under Section 35B, CPC.2. The plaintiffs had instituted Civil Suit No. 14-A of 1986 on 2-8-1986 for declaration and permanent injunction. After framing of issues some evidence was recorded. That suit was fixed for the plaintiffs' remaining evidence on 29-8-1992. On that date the plaintiffs submitted an application for adjournment and that was allowed subject to payment of Rs. 150/- as costs. No date was specified upto which this cost was to be paid. The case was adjourned to 9-10-1992. On that date the plaintiffs' five witnesses were present Their names are noted in the order-sheet. Their evidence could not recorded as the Court was busy in another case. The witnesses were bound over for the next date i.e., 1-12-1992 but they did not appear and therefore bailable warrants were ordered to be issued against them. The case was fixed ...
Premnarayan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-11-2002
Reported in: 2003(1)MPHT442; 2003(3)MPLJ283
ORDERNarain Singh 'Azad', J.1. This order shall dispose of the petitioner's/convict's written request, contained in his inland letter, which is registered as M.Cr.C No. 4588/2002. The petitioner/convict has made a prayer that in a case, Court situated at Gadarwara, has sentenced him to undergo the rigorous imprisonment for a period of 7 years for offences punishable under Section 394 read with Section 397 of the IPC and thereafter the Court of JMFC, Itarsi, has also sentenced him to undergo the rigorous imprisonment for a period of 1 year and 6 months for an offence punishable under Section 224/34 of the IPC, therefore, both of these sentences may be ordered to run concurrently. The aforesaid request of the petitioner is to be treated under Section 427(1) and under Section 482 of the Cr.PC.2. On perusal of report called from Superintendent, Central Jail, Sagar, and the certified copies of the judgments pronounced in both the aforesaid cases, it is noted that in Sessions Trial No. 70/98...
Godrej Food Ltd. Vs. Shareholders of Godrej Food Ltd.
Court: Madhya Pradesh
Decided on: Oct-11-2002
Reported in: [2004]50SCL177(MP)
ORDERDipak Mishra, J.1. This is an application under Sections 391 and 394 of the Companies Act, 1956 (in short 'the Act') with the following reliefs : '(a) That the said arrangement embodied in the scheme of arrangement (being Exhibit 'C' to the petition) may be sanctioned by this Honourable Court with or without modification and declare the same to be binding on the petitioner company and the equity shareholders of the petitioner company and also their creditors.(b) That the Company shall purchase its Equity Shares, on a date fixed by the Board following the Record Date, not more than 1,13,47,534 Equity Shares [representing 40% (forty per cent) of its paid up Equity Capital] from the shareholders whose names appear to the Register of Members as on the Record Date, excluding the Equity Shares of those shareholders from whom the Company receives a written intimation within 30 days from the Record Date of their intention to continue holding the Equity Shares and that in case the Equity S...
Shila Devi and ors. Vs. Khadi and ors.
Court: Madhya Pradesh
Decided on: Oct-11-2002
Reported in: 2004ACJ954; 2003(3)MPLJ247
S.L. Jain, J.1. Both of these appeals are directed against the common order dated 10.9.1998 passed by the Motor Accidents Claims Tribunal at Tikamgarh in Claim Case Nos. 46 and 47 of 1996 returning the claim petitions of the appellants for want of territorial jurisdiction.2. Since both the appeals involve common questions of law and facts, these are being disposed of together by this common judgment and order.3. It will be appropriate to mention the facts of the case in brief as hereunder:On 28.5.1998 deceased Mohanlal Lodhi and Malkhan died in an accident which took place near Khurecha Banda and the offending vehicle in that accident was tractor No. MP 15-D 1739 which was owned by respondent Nos. 1 and 2. Hariram who also died in the accident was the driver of the offending tractor. A trolley was attached with the tractor. The tractor along with trolley was going from Mahuranipur to Kudilaya. Deceased Mohanlal and Malkhan were also sitting in the tractor. Due to the mishap tractor-tro...
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