Madhya Pradesh Court February 2002 Judgments
Steel Tubes of India Ltd. Vs. Assistant Commissioner of Commercial Tax
Court: Madhya Pradesh
Decided on: Feb-13-2002
Reported in: [2003]131STC425(MP)
1. Heard Shri P.M. Chaudhari, learned counsel for the appellant on the question of admission.2. This order shall also govern disposal of L.P. As. Nos. 27 of 2002 (Steel Tubes India v. Assistant Commissioner of Commercial Tax) and No. 28 of 2002 (Steel Tubes of India v. Assistant Commissioner of Commercial Tax), as all these appeals arise out of the common order passed by the learned single Judge in appellant's W.P. No. 2463/2001, decided on November 29, 2001 Steel Tubes of India v. Assistant Commissioner of Commercial Tax [2003] 131 STC 422 (MP). The appeal has been preferred under Clause X of the Letters Patent.3. The appellant had filed writ petition under Article 226/227 of the Constitution of India, before the learned single Judge, against the order of assessment dated May 29, 2001 and subsequent order passed under Section 19 of the M.P. General Sales Tax Act, 1958 and M.P. Commercial Tax Act, 1994 by the Additional Commissioner, Commercial Tax.4. Learned counsel for the appellant ...
Tag this Judgment!Arun Dixit Vs. Chairman and Managing Director, Bharat Petroleum Corpor ...
Court: Madhya Pradesh
Decided on: Feb-12-2002
Reported in: 2002(3)MPHT441; 2002(2)MPLJ125
ORDERA.M. Sapre, J. 1. The question involved in this writ is a short one. The question is whether respondent No. 4 was qualified to bid for the dealership of Bharal Petroleum Corporation for commodity popularly known as LPG or in other words, whether respondent No. 4 was eligible for being considered for the dealership of Bharat Petroleum Corporation for LPG The question arises on following facts on which the petitioner has sought this relief in this writ under Articles 226 and 227 of the Constitution of India. 2. The respondent No. 1 is a Government of India undertaking. By advertisement published in News Paper dated 21-8-2000 (Annexure A), the respondent No. 1 invited application from candidates for grant of dealership of distribution of LPG cylinders for several districts in State of M.P. One such district was Shajapur. The respondent No. 1 had prescribed several conditions as an eligibility criteria for applying for the said dealership. In other words, candidates fulfilling the pre...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Bilkishbee
Court: Madhya Pradesh
Decided on: Feb-12-2002
Reported in: 2004ACJ232
Deepak Verma, J.1. As per office note this appeal is barred by 106 days. An application, M(C)P No. 2563 of 2001 has been filed, seeking condonation of delay. This application is duly supported by an affidavit. It has been mentioned in the application that after the permission was granted by Regional Office, Indore for filing an appeal, the file was lost in transit from Indore to Ratlam, which was required to prefer an appeal as the jurisdiction was that of Divisional Office, Ratlam. From the said application we find that no date has been given as to when it was sent from the Regional Office, Indore to Divisional Office, Ratlam for filing the appeal. The mode of transmission has also not been described. The other necessary details, which should have been given in the said application explaining the delay, are missing. Thus we find that appellant insurance company has failed to make out the ground for condonation of delay. This M(C)P is accordingly hereby rejected. Consequently, the appe...
Tag this Judgment!Vishambhar Yadav Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-12-2002
Reported in: 2002(5)MPHT52; 2002(3)MPLJ245
ORDERNarain Singh 'Azad', J.1. Arguments heard.2. A perusal of order dated 10th of October, 2001 passed by J.M.F.C, Baihar of petitioner's application moved under Section 457 of the Cr.PC reveals that Tempo Trax No. M.P. 25-B1639 is seized by T.I. Baihar on 8th of October, 2001 on this allegation that 16 bags of forest produce (RAAL) was being illegally transported in it. On 15th of October, 2001 the Range Officer Khapa received the aforesaid case on transfer who informed the Asst. Director the same day. Then the Asst. Director is stated to have informed the Court of learned J.M.F.C. under Clause 4 of Section 52 of the Forest Act, about the initiation of confiscation proceedings in respect of aforesaid vehicle. On account of initiation of confiscation proceedings, the learned J.M.F.C. expressed his inability in handing over the vehicle on Supurdagi and thus disallowed the petitioners application. The aforesaid order dated 16th of October, 2001 is being impugned here.3. In case the conf...
Tag this Judgment!T.D. Agrawal Vs. Smt. Nirmal Mitra
Court: Madhya Pradesh
Decided on: Feb-12-2002
Reported in: 2002(5)MPHT378; 2002(3)MPLJ78
ORDERS.P. Khare, J.1. This is a revision by the tenant under Section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter to be referred to as 'the Act') against the order of his eviction passed by the Rent Controlling Authority on the application of Smt. Nirmal Mitra, a widow, under Section 23-A of the Act.2. It is not in dispute that non-applicant T.D. Agarwal is tenant of applicant Nirmal Mitra on the ground floor of house No. 1, Ridge Road, Idgah Hills, Bhopal at a monthly rent of Rs. 3,200/-. The accommodation is being used for residential purpose by the non-applicant and his family. The accommodation is fully described in the map annexed to the application. It consists of three 'bed rooms', a kitchen, store, 'drawing-cum-dining room', etc. The tenancy commenced from August, 1985. The applicant is a widow and comes in the category of landlord given in Section 23-J of the Act. She is at present living in the 'basement' of this house. She has no other house at Bhopal. The n...
Tag this Judgment!Mst. Butti Vs. Gulab Chand Pandey
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: AIR2002MP123; II(2002)DMC177; 2002(2)MPHT125; 2002(2)MPLJ152
V.K. Agrawal, J.1. This appeal is directed against the judgment and decree dated 31-1-98 in Civil Suit No. 34-A/96, by District Judge, Satna, allowing the respondent/ husband's petition for dissolution of marriage and divorce.2. Undisputably, the parties were married about 15 years prior to the filing of the divorce petition by the husband/respondent. Two daughters were born out of the said wedlock. The parties are now not residing together and the appellant/wife at present is living at Village Pindra with her father along with her daughters. On the report of the appellant/wife a criminal case for an offence punishable under Section 498A of the Indian Penal Code, was registered by Police Station, Uchehra and charge-sheet has been filed against the respondent/husband and others; in the Court of Judicial Magistrate, First Class, Nagod.3. The respondent/husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act' for short), praying for a dec...
Tag this Judgment!Deen Dayal Soni Vs. Smt. Pancho Bai and anr.
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)MPHT112; 2002(2)MPLJ523
ORDERNarain Singh 'Azad', J. 1. On the report of this petitioner the respondents are facing Criminal Case bearing No. 2673/96 in the Court of C.J.M. Jabalpur for offence under Section 420/34 of the I.P.C. After recording the statement of this petitioner the non-applicants moved an application under Section 311 of the Cr.P.C. for recalling this petitioner to put questions, on the report of the handwriting expert, which was not available at the time of recording the statement of this petitioner. Turning down the objections raised on behalf of the prosecution, the learned C.J.M. allowed the petition by order dated 20th of March 2001.The Cr.R. No. 160/01 filed by this petitioner, challenging the aforesaid order dt. 20th of March 2001 also stood disallowed and rejected on 6th of December 2001 by A.S.J. Jabalpur. 2. It is submitted by Shri Shrivastav that it is only when the accused is called upon to enter his defence under Section 243 of the Cr.P.C. that a document may be permitted to be ta...
Tag this Judgment!Niranjan Kumar Vs. Kanchedilal and anr.
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: 2002(2)MPHT152
ORDERN.S. Azad, J. 1. The petitioner seeks quashment of order dated 15th March, 2001, passed by the First Addl. Sessions Judge, Katni, in Criminal Revision No. 25/95, so also the order dated 3rd May, 1995, passed by Addl. Chief Judicial Magistrate, Katni, in Criminal Case No. 5226/94, and makes a prayer that the respondents be convicted for an offence punishable under Section 448 read with Section 34 of the IPC.2. A perusal of papers submitted on behalf of the petitioner discloses that on 3rd May, 1995, the learned A.C.J.M., Katni, discharged the respondents for offence punishable under Section 448 read with Section 34 of the IPC on a consideration of judgment dated 27th April, 1995, delivered by the Court of Civil Judge, Class I, Katni, in Civil Suit No. 295-A/95. The petitioner then assailed the aforesaid order of discharge in Criminal Revision No. 25/95, before 1st A.S.J., Katni, who disallowed and rejected the same on 15th March, 2001, on the ground of lack of jurisdiction. Referri...
Tag this Judgment!Shantilal Bagora and ors. Vs. State Bank of Indore and ors.
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: [2002]255ITR60(MP)
A.M. Sapre, J. 1. The petitioners are ex-employees of the State Bank of Indore-respondent No. Therein (hereinafter referred to as 'bank'). All these petitioners who were working in various posts in respondent No. 1-bank have taken voluntary retirement, pursuant to voluntary retirement scheme introduced by the bank. It is the case of the petitioners that strictly in terms of Section 192(2A) of the Income-tax Act, 1961, read with Rule 21AA of the Income-tax Rules, 1962, each petitioner furnished particulars in the prescribed forms (Form No. 10E) to the bank to enable the bank to make appropriate deduction of tax while computing the amount payable to each petitioner and also allowed each petitioner to take benefit contained in Section 89(1) ibid. The petitioners complained that when they received the certificates (annexure 8 collectively) from the bank, it was notified in these certificates that no benefit of Section 89(1) of the Act was given to the petitioners. It is this action of the ...
Tag this Judgment!Munni Alias Mubarik Vs. Shahbaz Khan
Court: Madhya Pradesh
Decided on: Feb-11-2002
Reported in: II(2002)DMC238; 2002(2)MPHT190; 2002(2)MPLJ340
ORDERS.L. Kochar, J. 1. This petition has been filed by the applicant Munnibai alias Mubarik wife of the non-applicant Shahbaz Khan under Section 482 of the Code of Criminal Procedure against the order dated 4-12-2000 passed by the Third Addl. Sessions Judge, Alirajpur in Cr. Revision No. 24/2000 granting maintenance to the applicant from the date of order dated 23-5-2000 passed by the Judicial Magistrate First Class, Alirajpur upto the date of divorce to her by the non-applicant dated 7-10-2000 at the rate of Rs. 500/- (Rupees Five hundred) per month.2. Learned counsel for the applicant Shri Yashpal Rathore has submitted that in view of the recent judgment pronounced by the Supreme Court in the case of Denial Latifi and another V. Union of India [(2001) 7 Supreme Court Cases 740] a divorced Muslim woman can seek and granted a maintenance under Section 125 of the Code of Criminal Procedure beyond the period of IDDAT till her remarriage. Against this, the counsel for the non-applicant S...
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