Madhya Pradesh Court March 2002 Judgments
Maharishi Mahesh Yogi Vedic Vishwavidyalaya and ors. Vs. State of M.P. ...
Court: Madhya Pradesh
Decided on: Mar-20-2002
Reported in: AIR2002MP196; 2002(2)MPHT353
Dipak Misra, J. 1. In this writ petition it is imperative to bestow our anxious consideration on the long debate and deliberation that took place consuming quite a speck of time relating to contentious issues which took us in the time machine as the subject related to the past, creating defiant walls and artificial palisade and some times brought us to the present in capitivative fascination having an ineffaceable sense and purpose of modernity and progressiveness which, at times generated a feeling of puzzlement but definitely the incrassation and intenseness of proponements cannot be surveyed with disposition of a disregardant. We are deliberating and articulating about the 'vedas' the 'Apaurusheya'. The Vedas, as has been said, are the means for attaining knowledge, happiness through wisdom and self realisation which are beyond the sphere of perception or inference. So it is said :'PRATYAKSHYEANNU MANENA YASTU POYO NA ENAM BIDANTI VEDANA TASHMAD VEDASYA VEDATA'Possibly, for this rea...
Tag this Judgment!Satya Narayan Mishrilal Bediya Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2002
Reported in: 2002(3)MPHT151; 2002(2)MPLJ613
ORDERArun Mishra, J.1. Common question arises in these three writ petitions; hence they are being decided by the common order. The question involved is whether the respondents can make recovery of the amount of cess in question after 4-4-1991 for the period earlier to it.2. Royalty was imposed by M.P. Upkar Adhiniyam, 1981 as amended by M.P. Upkar (Sanshodhan) Adhiniyam, 1987. The imposition and collection of cess on royalty was declared ultra vires by this Court in Hiralal Rameshwar Prasad and Ors. v. State of M.P. and Ors., 1986 MPLJ 514. A Division Bench of this Court also declared in M.P. Lime . v. State of Orissa, AIR 1991 SC 1676, declared the law framed by various State Legislatures as ultra vires. Refund was directed to be made of the cess collected after 23-3-1996 with interest at the rate of 12% per annum. Considering the financial crisis the State of M.P. faced, the Parliament enacted Cess and other Taxes on Mineral (Validation) Act, 1992 (Act No. 16 of 1992). The validation...
Tag this Judgment!G.P. Sharma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-20-2002
Reported in: 2002CriLJ3104; 2002(3)MPHT355; 2002(3)MPLJ291
ORDERS.L. Kochar, J. 1. Order passed in this MCr.C. shall also govern the disposal of Cr.R. No. 361/97 and Cr.R. No. 631/98 the petition filed under Section 482, Cr.PC by applicant Shri G.P. Sharma, S.I., Police Station, Shahjahanabad, Bhopal against the order dated 3-7-95 passed by Addl. Sessions Judge, Narsinghgarh in Cr.R. No. 47/95 arising out of order dated 31-10-94 passed by J.M.F.C., Narsinghgarh in Criminal Case No. 417/91 and order dated 13-3-95 passed in Misc. Cr. Case No. 114/95 challenging the order of discharge dated 31-10-94 for the offence under Section 304A, IPC and issuance of show-cause notice to the petitioner as to why he should not be prosecuted for the offences punishable under Sections 218, 219, 220, 217, 466, 468, 469, 211, 193, IPC on the ground that the applicant had manipulated the FIR and record of investigation by writing number of vehicle ante-date and time for prosecution of the accused. Thereafter the J.M.F.C. registered Misc. Cr. Case No. 114/95 and iss...
Tag this Judgment!Ram Ratan Tiwari Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2002
Reported in: 2002(5)MPHT11; 2002(4)MPLJ401
ORDERBhawani Singh, C.J.1. Through this petition, order of State Administrative Tribunal, Jabalpur, dated 17-1-2002 passed in Original Application No. 3116/2001 is challenged whereby claim/relief of petitioner has been rejected.2. Petitioner was Assistant Jailor in Jail Department, Government of Madhya Pradesh. Criminal case under Section 13(1)(d)/13(2), Prevention of Corruption Act, 1988 was registered against him. After investigation of the case, he was challenged. Consequently, he was placed under suspension by order dated 8-2-2000. The trial ended in the acquittal of the petitioner by judgment dated April 30, 2001 passed by Special Judge, Jabalpur in Special Criminal Case No. 4/2000.3. Petitioner submitted application annexed therewith copy of the judgment to the competent authority (Annexure P-3) seeking reinstatement in service. However, he was not permitted to do so. Therefore, petitioner challenged the action of respondents before the Tribunal, which did not find favour with hi...
Tag this Judgment!Laxminarayan Sharma Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Mar-19-2002
Reported in: 2002(5)MPHT127
ORDERArun Mishra, J.1. The petitioner is challenging the order passed by the Central Govt. (Annexure A-27) passed in April, 99.2. Petitioner was initially allowed Samman Nidhi as per order dated 8-4-78. Petitioner alleges that he devoted himself in the freedom movement in the year 1941 in the erstwhile State of Orchha. He participated in the various movements. Petitioner was appointed as Head Master in Jyora which was part of the erstwhile State of Orchha. On account of involvement in the freedom movement the petitioner was arrested by the State Police of Prathivipur on 30-12-46. Petitioner had remained underground from 1-1-1941 to 19-7-42. The petitioner headed the Satyagraha at Charkari. The petitioner was removed from the service as per order dated 28-4-47 by the then Distt. Education Officer, Tikamgarh (Annexure A-l).3. A scheme was formulated by the Govt. for grant of pension to the freedom fighters in the year 1972. The petitioner applied for grant of Samman Nidhi. His applicatio...
Tag this Judgment!Sushant Jha Vs. Director, Professional Examination Board and anr.
Court: Madhya Pradesh
Decided on: Mar-19-2002
Reported in: 2002(5)MPHT453
ORDERArun Mishra, J.1. The petitioner seeks relief in the writ petition of admission in the engineering college wherever the seat is vacant.2. The petitioner cleared the Pre-Engineering Test conducted by the Professional Examination Board of Madhya Pradesh, Bhopal in the year 2001. The minimum qualification required for appearing the examination is that the candidate must have passed 12th Class under 10 + 2 system of examination. The petitioner appeared in 12th Class examination in the year 2001. The petitioner submits that he cleared the test and was sent call letter for counselling, but, in spite of clearing the examination of 12th in supplementary before the date fixed for counselling. The petitioner was not given admission, thus, the action of the respondents in depriving the petitioner admission in engineering college is illegal and arbitrary.3. The respondent No. 2 in the reply contends that the petitioner was not eligible as he could not clear class 12th examination in the main ...
Tag this Judgment!Ramesh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-18-2002
Reported in: 2002(2)MPHT244
R.B. Dixit, J.1. Feeling aggrieved by judgment and order dated 10th October, 1986 of Sessions Judge, Shivpuri, passed in Sessions Trial No. 14/86, convicting appellant for offence under Section 302, IPC and sentencing him to imprisonment for life, appellant has come up in appeal seeking redress praying for setting aside of the aforesaid sentence and conviction passed against him.2. Unfortunately, according to prosecution both the parties belong to the same Family Tree and their agricultural land situate adjoining to each other. On 20-11-1985, at about 4 p.m. when Chaturi (P.W. 1) alongwith his son deceased Shivcharan were cutting and collecting bushes of Babool accused Bhassu father of appellant Ramesh and accused Manju stopped them from taking the bushes out of their field. However, deceased Shivcharan insisted to take the bushes from the same way, thereupon accused Manju, Bhassu started assaulting the deceased with lathis and appellant Ramesh armed with sickle alongwith Kishori, Brin...
Tag this Judgment!Shrinath Buliyan Refinery Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-18-2002
Reported in: [2002]255ITR215(MP)
ORDERMaintainability of application under Order 41 rule 19 of Civil Procedure Code--Non-appearance of counsel of assesseeCatch Note:Due to non-appearance of counsel of appellant appeal under section 260A was dismissed--Appellant filed application for recalling order of High Court, under Order 41, rule 19 as there was sufficient cause for non-apperance of counsel of appellant--Respondent contended that order was passed on merits, therefore, same could not be recalled--Not sustainable--Once it is found that impugned order was passed in absence of appellant or/and his counsel, then it becomes an order having been passed in default of assessee's appearance, thereby entitling appellant for its setting aside by showing sufficient cause for his non-appearance--Therefore, merely because appeal was dismissed by a reasoned order that would not take away right of appellant to apply, for its restoration--Hence, on sufficient cause having been shown by appellant order passed under section 260A is r...
Tag this Judgment!Municipal Corporation, Gwalior Vs. M.E.S. Builders' Association and An ...
Court: Madhya Pradesh
Decided on: Mar-18-2002
Reported in: 2002(2)MPHT508; 2002(2)MPLJ524
ORDER1. This order shall also govern the disposal of Letters Patent Appeal No. 244/96 (Hemant Kumar Gupta and another v. Municipal Corporation, Gwalior and another) and Letters Patent Appeal No. 274/96 (Gwalior Local Transport Union and another v. State of Madhya Pradesh and others).2. These appeals are filed against the order passed by the learned Single Judge in Writ Petition No. 1252/1994, decided on 27-3-1996.3. Respondent No. 1 has filed a writ petition before Single Bench of this Court challenging the enhancement of levy of tax on entry of materials known as building materials. It was decided that every truck and tractor entering into the limits of Municipal Corporation, Gwalior was required to pay tax of Rs. 20/-; Rs. 4/- was to be paid by tempo, bullock-cart and tonga, and Rs. 3/- were payable by hand-cart entering into the limits of Municipal Corporation, Gwalior. Later entry fee was fixed at Rs. 50A for truck bringing building materials, trolley attached with the tractor fee ...
Tag this Judgment!Kaushal Kishore Biyani Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-18-2002
Reported in: 2002(2)MPHT512; 2002(3)MPLJ297
ORDERS.L.Kochar, J. 1. This is an application filed by the applicant under Section 482 of the Code of Criminal Procedure for quashment of Criminal Case No. 10/92 pending before the Addl. Chief Judicial Magistrate (Economic Offences), Indore.2. The non-applicant-Income Tax Department filed a criminal complaint on 14-2-92 alleging that for the assessment year 1987-88 corresponding to the previous year ending 30th June, 1987, the firm M/s Shrinath Drillers did not deduct TDS at 1 %. The applicant Kaushal Kishore was the acting partner of the firm. After the default was pointed out to the firm and its partner by the non-applicant-Department, they deposited the amount of TDS from their own account and submitted that this was the first year of their business, they were not aware of the statutory requirement in this regard under the Income-Tax Act.3. It appears that the learned Trial Court has taken cognizance only against Kaushal Kishore, the applicant and framed the charge punishable under ...
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