Madhya Pradesh Court April 2002 Judgments
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A.B. Joglekar and anr. Vs. Debts Recovery Tribunal and anr.
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: III(2004)BC41; 2002(5)MPHT187; 2002(4)MPLJ521
Arun Mishra, J.1. Petitioners are challenging the judgment passed by the Debts Recovery Tribunal in T.A. No. 917/98 decided on 13th July, 2000 as per Annexure P/4.2. An application was filed for setting aside the ex parte judgment which application was dismissed by Debts Recovery Tribunal on 15th October, 2001 as per order Annexure P/5.3. It is the consistent view taken by this Court that in the judgment passed by the Debts Recovery Tribunal, interference has not to be ordinarily made in the writ jurisdiction of this Court, This Court has consistently followed the decision of Punjab National Bank v. O.C. Krishnan and Ors., (2001) 6 SCC 569, in which it was emphasized by their Lordships that the Recovery Act has been enacted with a view to provide special procedure for recovery of debts due to the Banks and Financial Institutions, There is a hirarchy of appeal provided in the Act, namely, filing of an appeal under Section 20 and this fast-track procedure cannot be allowed to be derailed...
Harvansh and Sons Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: (2004)186CTR(MP)364; [2004]266ITR364(MP); 2002(4)MPLJ495
Dipak Misra, J. 1. The petitioner M/s Harvansh and Sons, is a partnership firm and had taken a contract for retail sale of country liquor for the entire Raisen district for the excise year 2001-02 for a sum of Rs. 13,30,00,000. For the purpose of sale of country liquor the petitioner has to transport his stock from the warehouses of Gairatganj and Abdullaganj. At the time of making payment towards licence fees, tax at source was deducted at the rate of 10 per cent on the issue price which is inclusive of cost of liquor plus excise duty on it. The said deduction was done as per Section 206C of the IT Act, 1961 (hereinafter referred to as 'the Act').2. As putforth in the writ petition many contractors submitted representations to the Central Government for a direction that the tax at source should be deducted only on the cost of liquor purchased by the State Government and exclusive of the excise duty as the same is the practice which is prevalent in other States. The Central Government ...
Uttam Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: 2003CriLJ560
P.C. Agarwal, J.1. Appellant stands convicted by 7th Addl. Sessions Judge, Bhopal in S.T. No. 282/89 (State of M. P. v. Uttam Singh) under Section 302 of the Indian Penal Code ('Code' for short) by impugned order dated 17-7-90 and sentenced to imprisonment for life.2. It is undisputed that deceased Chain Singh S/o Gaidaji was father-in-law of the appellant. Smt. Narayani Bai (P.W. 1) is his wife. Smt. Prem Bai (P.W. 4) and Krishna Bai (P.W. 6) are daughters while Ram Singh (P.W. 5), is a son of deceased Chain Singh. Smt. Krishna Bai (P.W. 6) is the wife of the appellant.3. As per prosecution on 30-8-89 deceased Chain Singh and his minor son Ram Singh (P.W. 5) aged about 11 years, were sleeping in the verandah of their house. Smt. Narayani Bai (P.W. 1) and her two daughters Prem Bai (P.W. 4) and Krishna Bai P.W. 6) were sleeping inside the adjoining room. At about 4.00 a.m. Ram Singh (P.W. 5) shouted that deceased Chain Singh was hit by an axe by the appellant. Narayani Bai (P.W. 1), Pr...
Harvansh and Sons Vs. Union of India
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: [2003]133TAXMAN926(MP)
ORDERThe petitioner M/s. Harvansh and Sons, is a partnership firm and had taken a contract for retail sale of country liquor for the entire arisen district for the excise year 2001-02 for a sum of Rs. 13,30,00,000. For the purpose of sale of country liquor the petitioner has to transport his stock from the Warehouses of Gairatganj and Abdullaganj. At the time of making payment towards licence fees, tax at source was deducted at the rate of 10 per cent on the issue price which is inclusive of cost of liquor plus excise duty on it. The said deduction was done as per section 206C of the Income Tax Act, 1961 (hereinafter referred to as the Act).2. As put forth in the writ petition many contractors submitted representations to the Central Government for a direction that the tax at source should be deducted only on the cost of liquor purchased by the State Government and exclusive of the excise duty as the same is the practice which is prevalent in other States. The Central Government accept...
Munna and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: 2002(5)MPHT396; 2002(3)MPLJ142
P.C. Agarwal, J.1. Additional Sessions Judge, Chhatarpur, in his S.T. No. 137 of 1988 (State of M.P. v. Munna and 3 others) on 24-10-89 held these three appellants and co-accused Guruwa @ Gorelal (since deceased during pendency of appeal whose appeal has abated on 29-10-2001) guilty under Section 302/34 of the Indian Penal Code ('Code' for short) and sentenced them to undergo RI for life and to pay fine of Rs. -3,000/- each and in default, to further undergo RI for one year each. Aggrieved thereby appellants filed this appeal on 9-11-89.2. As per prosecution, Girjabai (P.W. 5) on 28-8-88 had gone to see off her husband Late Nanhu who was going to Jarela, upto the village tank. She was resting near the tank when she heard the shouts for help of her husband. She rushed to the place of Bhairo Baba and saw that Munna (A-1), Babulal (A-2), Chhota @ Chhutua @ Chhotelal (A-3) and Guruwa @ Gorelal (since deceased) were belabouring her husband by lathis. She came to village crying and returned ...
Pradip @ Pappu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: II(2002)DMC716
N.K. Jain, J.1. Appellant Pradip though tried on the charges under Sections 302, 304B and 306 of the Indian Penal Code, has been convicted only under Section, 306 of I.P.C. and sentenced to 7 years' R.I. with fine of Rs. 1,000/- by 2nd Additional Sessions Judge, Shajapur, vide judgment dated 5.10.1990 in Sessions Trial No. 115/ 1989 which is impugned in this appeal.2. Briefly stated the case of the prosecution as unfolded at the time was that deceased Shobha a married woman aged about 25 years was deserted by her husband. Some divorce proceedings were also going on between the two. While these proceedings were still pending, the deceased entered into an agreement with the accused (vide Ex. P/1), notarised by a Notary and started living with the accused as his wife at Agar on and after 24.6.1988. However, soon their relations became strained. It appears that the accused also deserted the deceased and left her with her parents at Indore. On 23.1.1989 the father of the deceased brought he...
Urmila Deora and ors. Vs. Madhya Pradesh State Road Trans. Corpn. and ...
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: 2003ACJ1803; 2002(3)MPLJ347
Rajendra Menon, J.1. All these appeals arise out of a common award passed by Motor Accidents Claims Tribunal, Sehore. As similar issues are involved, the appeals are being disposed of by common judgment.2. On 10.5.1985, Prakash Chandra Deora, Sudhakar Dave and Kishore along with Kokila Dave and Nishchal Dave were travelling in taxi MBC 1306 driven by Gulam Rasool. They were travelling as paid passengers and were going from Bhopal to Indore. At 12.20 in the afternoon when the taxi reached a place about 105 km. away from Bhopal, bus MPW 8158 belonging to respondent No. 1 and driven by the respondent No. 2 coming from the opposite direction dashed against the taxi. As a result, driver of the taxi Gulam Rasool, Kishore, Prakash Chandra Deora and Sudhakar Dave died and Kokila and Nishchal Dave sustained injuries.3. The present appeals have been filed by the legal heirs of Prakash Deora and Sudhakar Dave and the claimant Kokila Dave.4. The Claims Tribunal, after considering the evidence and ...
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