Madhya Pradesh Court June 2002 Judgments
Guru Refractories Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: 2002(4)MPHT17
ORDERRajendra Menon, J.1. Petitioner a registered partnership firm has filed the instant petition being aggrieved by the order, Annexure P-1 28-10-1997 by which the Deputy Commissioner, Commercial Tax, Gwalior Division, Gwalior in exercise of the powers of the revision has set aside the order passed by the Assessing Officer granting set off to the petitioner to the tune of Rs. 29,845/-. According to the petitioner, the firm is engaged in the business of processing of cast iron (rough) unfinished pipe fittings and manhole covers, for which it has its unit at Maharaj Pura, Industrial Area, Gwalior. According to the petitioner, the process of manufacturing of cast iron (rough) unfinished fittings which is being undertaken by the petitioner by processing pig iron and cast iron scrap are melted in cupole furnace. After melting in cupole and after adding Ferro Selicon and Lime Stone, the molten iron is poured into different shapes and sizes of moulds and rough castings are obtained and sold ...
Tag this Judgment!The Association of Punjab National Bank Employees Vs. the Deputy Gener ...
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: [2002(95)FLR923]; (2003)ILLJ706MP; 2002(4)MPHT221
ORDERRajendra Menon, J. 1. The petitioner a registered trade union has filed the instant petitionchallenging Annexure P-2, dated 7-12-2001, is a memorandum of settlement entered into between the management of P.N.B. and P.N.B. Employees Federation. The said settlement is under Section 2(p) of I.D. Act, 1947. A perusal of the settlement indicates that the said settlement have been arrived at in the course of conciliation and the Regional Labour Commissioner, New Delhi was the Conciliation Officer. The settlement is challenged in the instant petition on the ground that there are innumerable infirmities and it has changed in the service conditions of the Employees. It has abolished and/or obliterated various categories. It is ill-balanced and violation of principles of natural justice and discriminatory in nature. It is stated that this settlement will bind the members of the petitioner Union.2. I have heard Shri Mule, learned Counsel for the Petitioner.3. During the course of hearing thi...
Tag this Judgment!State of M.P. Vs. Ku. Pratibha Badlani and ors.
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: [2002(95)FLR1161]; 2002(4)MPHT339
ORDERRajendra Menon, J.1. The respondent No. 1/employee was in employment in a project under the Water Resources Department on daily wages. It was alleged by the respondent/employee that her services were terminated illegally with effect from 5-2-1988 and therefore on a dispute being raised by her by order dated 14-1-1991, a reference was made under Section 10 of the Industrial Disputes Act, Labour Court, Gwalior for adjournment.2. Initially, the Labour Court, Gwalior passed the ex-parte awarded on 20-8-91 vide Annexure P-3 directing for reinstatement of the respondent/ employee with 50% back wages.3. On a petition being filed by the State Govt. in W.P. No. 483/92, this Court by order dated 10-4-92 (Annexure R-5) set aside the award passed by the Labour Court and remitted the matter back for fresh adjournment by the Labour Court. Accordingly evidence was recorded and by the impugned award dated 30-9-98 (Annexure P-4) reinstatement without back wages have been ordered. W.P. No. 691/89 i...
Tag this Judgment!Controller of Estate Duty Vs. H.H. Maharani Mrunalinidevi Puar
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: 2003(158)ELT254(MP); 2002(4)MPHT428; 2003(2)MPLJ494
ORDERN.K. Jain, J.1. The Income Tax Appellate Tribunal, Indore Bench, Indore, has at the instance of the Revenue, made this Reference under Section 64(1) of the Estate Duty Act, 1953 (for short, 'the Act'), to this Court for resolution of the following question, said to be of law, arising out of the Tribunal's Order dated 23rd November, 1994, passed in E.D.A. No. 6/Imd/1988 :--'Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the interest charged by the Assistant Controller under Section 70 of the Estate Duty Act on the demand of Estate Duty determined provisionally under Section 57, is not sustainable in law ?'2. The Accountable Person (for short, 'the A.P.'), in the instance case is Maharani Mrunalinidevi Puar the widow of Late Shri Anand Rao Puar, ex-ruler of erstwhile State Dhar. She initially filed Statement of Account disclosing the principal value of the Estate of the deceased at Rs. 81,50,000/-. On the basis of that sta...
Tag this Judgment!Jadugar Anand Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: 2003(1)MPHT297; 2003(1)MPLJ231
Arun Mishra, J.1. Petitioner is challenging the action of the respondents in not permitting him to stage magic shows which include a magic trick of converting bear into a lady.2. Petitioner submits that he is a citizen of India and is a permanent resident of Jabalpur and is a renowned magician. He has performed large number of magic shows in India as well as abroad. At the time of filing the petition, the magic show at Satna was being organized.3. Petitioner submits that while performing the magic shows petitioner brings certain animals at the stage of show. Petitioner owns a bear, aged about one year, which is duly registered with Chief Wildlife Warden, Madhya Pradesh, Bhopal as evidenced by certificate of ownership P-1.4. For purposes of his profession of performing of magic shows, petitioner has to transport the bear from one place to another and certificate for this is issued under the provisions of Wild Life Protection Act from time to time. A certificate P-2 has also been issued ...
Tag this Judgment!Smt. Nirja Gupta Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: AIR2003MP11
ORDERRajendra Menon, J.1. The petitioner by this petition has challenged the order dated 12-6-1999 (annexure P/3) and the orders annexures P/1 and P/2, seizure memo and panchnama prepared seizing the vehicle of the petitioner and order, annexure P/10 dated 21-6-1999 passed by the Taxation Authority, Gwalior. It is the case of the petitioner that she is the owner of the Stage Carriage No. MP-6-B-0344 which has been illegally seized by the respondent No. 3 on 12-6-1999. It is also the case of the petitioner that she holds a valid permit No. 235/ 91 which was valid upto 4-4-2001 for the route Gwalior to Sheopur. Under the provisions of the Madhya Pradesh Motor Yan Karadhan Rules, 1991 framed under the Madhya Pradesh Motor Yan Karadhan Adhiniyam, 1991 (hereinafter referred to as Rules of 1991, a provision is made in Rule 12 for Intimation for non-use of the permit. As the vehicle in question developed certain mechanical fault, on 29-5-1999, in compliance with Rule 12 of the Rules of 1991, ...
Tag this Judgment!Abid Ali S/O Sayyad Ali Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: 2003CriLJ3103; 2003(1)MPLJ598
ORDERArun Mishra, J.1. Petitioner challenges the order of his externment from Bhopal and contiguous districts Sehore, Rajgarh and Hoshangabad passed under Section 5 of the M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'the Adhiniyam') for a period of one year as per order Annexure-B dated 10-7-2001 and against the dismissal of appeal as per order dated 29th September, 2001 Annexure A.2. Petitioner is a resident of Kabitpura, Tehsil Jamalpura, Bhopal, Externment proceedings were started against the petitioner. On receipt of the report from Superintendent of Police dated 9-2-2001 Annexure-C pointing out that large number of cases were registered against the petitioner during the last ten years. Even though time to time police has taken the' action against the petitioner but petitioner was still involved in the criminal activities. Such action was taken under Sections 5(a) and 5(b) of the Adhiniyam. A show cause notice was issued to the petitioner on 2-6-2001. 20 cases w...
Tag this Judgment!Shrikishan Mittal Vs. Uco Bank and ors.
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: (2003)ILLJ156MP; 2002(4)MPLJ39
ORDERRajendra Menon, J.1. The petitioner who was working as Assistant Manager, Cash in the United Commercial Bank, Sabalgarh, Distt. Morena has called in question the order dated September 9, 1998 Annexure P-1 passed by the Disciplinary Authority imposing punishment of removal from service with immediate effect and the order Annexure P-2 dated September 9, 1998 passed by the Appellate Authority modifying the punishment in appeal and converting the same into compulsory retirement from service.2. According to the petitioner he was appointed as a Cashier cum Godown Keeper in the respondent Bank with effect from January 29, 1973. He was promoted to the post of Junior Management Grade Scale-I in the year 1987 and was posted at Sabalgarh vide order dated January 14, 1992.3. While the petitioner was working in the Sabalgarh Branch he was suspended on March 14, 1996, by order dated March 12, 1996 Annexure P-6 and subsequently a chargesheet dated July 5, 1996 Annexure P-7 was issued to him. The...
Tag this Judgment!Ramprasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: 2002(5)MPHT271
ORDERS.L. Kochar, J.1. This revision is directed by the applicant against the judgment passed in Criminal Appeal No. 254/2000 on 14-3-2002 by the IInd Addl. Sessions Judge, Indore dismissing the appeal and confirming the judgment of conviction under Section 7(1) read with Section 16(1)(a)(1) and Section 7(iii) and Rule 50 read with Section 16(1)(a)(1) of the Prevention of Food Adulteration Act and sentencing the applicant to six months' R.I. and fine Rs. 1,000/- on each count, in default of payment of fine to further suffer R.I. for one month in Criminal Case No. 3994/97 passed by the Chief Judicial Magistrate, Indore on 1-11-2000. The substantive sentences are directed to run concurrently.2. The prosecution case in brief was that on 14-6-97, the applicant, in Transport Nagar, Indore was found selling cow-milk without licence, by the Inspector B.P. Dwivedi. The Inspector purchased 750 ml milk after paying Rs. 10/- as price thereof. He divided the said milk into three equal parts of 250...
Tag this Judgment!Ced Vs. H.H. Maharani Mrunalinidevi Puar
Court: Madhya Pradesh
Decided on: Jun-25-2002
Reported in: (2002)177CTR(MP)116
N.K. Jain, J.The Tribunal, Indore Bench, Indore, has at the instance of the revenue, made this reference under section 64(1) of the Estate Duty Act, 1953 (hereinafter referred to as , 'the Act'), to this court for resolution of the following question, said to be of law, arising out of the Tribunal's order dated 23-11-1994, passed in EDA. No. 6/Ind/1988 :'Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the interest charged by the Assistant Controller under section 70 of the Estate Duty Act on the demand of estate duty determined provisionally under section 57, is not sustainable in law ?'2. The accountable person, in the instant case is Maharani Marunalinidevi Puar, the widow of later Shri Anand Rao Puar, ex-ruler of erstwhile State Dhar. She initially filed statement of account disclosing the principal value of the Estate of the deceased at Rs. 81,50,000. On the basis of that statement a provisional assessment was made by the ...
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