Madhya Pradesh Court August 2002 Judgments
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Gei Engineering Ltd. and anr. Vs. Additional Commissioner, Commercial ...
Court: Madhya Pradesh
Decided on: Aug-07-2002
Reported in: 2003(2)MPLJ8; [2006]146STC177(MP)
ORDERArun Mishra, J.1. In these writ petitions a common question arises about the applicability of the Madhya Pradesh Bakaya Rashi Saral Samadhan Yojna, 2002 for liquidating the arrears of tax under the Madhya Pradesh Vanijyik Kar Adhiniyam, 1994 and the Central Sales Tax Act, 1956. Petitioners have availed the benefit of the Madhya Pradesh Deferment of Payment of Tax Rules, 1994 issued as per Notification No. A-3-24-94-ST-V(108) dated October 6, 1994. Under the deferment scheme tax is payable on a future date. The amount of deferred liability to a date after April 1, 2001 has been treated as not 'due' under the M.P. Bakaya Rashi Saral Samadhan Yojna, 2002 (hereinafter referred to as the 'Scheme') and Rules framed there under. The question which has been agitated precisely whether the amount of liability of tax which has been determined, but has been 'deferred' to a future date, can be said to be a tax 'due' to extend benefit of the 'Scheme'.2. The relevant factual matrix of each writ ...
Bihari and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-06-2002
Reported in: I(2003)DMC219; 2002(4)MPHT195
ORDERS.L. Kochar, J. 1. This revision has been filed by the applicants against the judgment and order passed by the Fourth Addl. Sessions Judge, Ujjain in Sessions Trial No. 342/2000, dated 28-2-2002, directing the prosecution to take cognizance and investigate the case against the applicants/prosecution witnesses Shyamlal (P.W. 4) and Bihari (P.W. 17). 2. The prosecution case before the Trial Court, in brief was that the deceased Suwabai had advanced loan to the acquitted accused persons named Ramchandra, Ramesh and Sagar. On demand, instead of returning the loan amount, she was abused and ill-treated by the accused persons resulting into commission of suicide on 30-5-2000 by Suwabai after ablazing herself. 3. The matter was reported to the concerned police and after usual investigation, charge-sheet was filed against Ramchandra, Ramesh and Sagar. The applicants were cited as witnesses in the case. 4. The learned Trial Court framed the charges against the accused persons for the offen...
M.P. Co-operative Housing Society and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-06-2002
Reported in: 2002(4)MPHT252
ORDERArun Mishra, J.1. Petitioners in this writ petition are assailing the imposition of the property tax under self assessment scheme and imposition of urban development cess and education cess my Municipal Corporation, Bhopal.2. Petitioner No. 1 is Housing Co-operative Society registered under the provisions of M.P. Co-operative Societies Act, 1960. Petitioner No. 2 H.K. Rabra is a member of the society. The object of the society is to provide residential plots to its members. Municipal Corporation, Bhopal, is duly established Corporation under the M.P. Municipal Corporation Act, 1956 (hereinafter referred to as 'the Act'). Section 132 of the Act provides the taxes which can be imposed under the Act. Petitioner submits that under Section 133 of the Act Corporation by resolution at the time of final adoption of the budget estimates and for the next financial year may impose any of the taxes or fees specified in the Act or increase the rate of taxes or fees already imposed. Section 136...
Mirc Electronics Ltd. and anr. Vs. Amit Electronics and anr.
Court: Madhya Pradesh
Decided on: Aug-06-2002
Reported in: I(2003)BC333
ORDERS.L. Kochar, J.1. This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure for quashing the order dated 17.08.2001 passed by the learned Second Addl. Chief Judicial Magistrate, Indore in an un-numbered Cr. Case No. 0/01.2. Briefiy stated, the facts of the case are that the respondent No. 1 M/s Amit Electronics filed a complaint against the petitioners and respondent No. 2 (Ashok Batra) before the Court below for the offence punishable under Sections 420/120B of the Indian Penal Code. Their case in the complaint (Ex. P/l 3) is that the petitioner No. 1 is a manufacturer of electronics and electrical goods. The complainant-respondent No. 1 M/s Amit Electronics was their Distributor. The petitioners through their local officials obtained cheque of Rs. 13,76,000/ dated 12.07.2000. This cheque was given as a security. This amount was never payable to the petitioner by the respondent No. 1. The respondent No. 1 was owing and took amount from th...
Northern Coalfields and anr. Vs. Vijay Bahadur Singh and Sons Pvt. Ltd ...
Court: Madhya Pradesh
Decided on: Aug-06-2002
Reported in: 2003(2)ARBLR412(MP); 2003(2)MPHT39; 2003(2)MPLJ154
ORDERArun Mishra, J.1. In these two writ petitions petitioners are challenging the appointment of Arbitrator made in MCC No. 850/2001 and MCC No. 862/2001 by nominee of Hon'ble the Chief Justice of this Court in an application under Section 11 of Arbitration & Conciliation Act, 1996.2. Petitioners submit that petitioner M/s. Northern Coalfields is a subsidiary company of Coal India Ltd. and duly incorporated as a registered Company under the Indian Companies Act. It carries on business of extraction and sale of coal. The petitioner company invited tender for work of widening of Haul of mid entry in mine at Nigahi project in W.P. No. 3686/2002 and for work of benching of the site dumps in main entry at Nigahi Project in W.P. No. 3685/2002.3. Respondent/Company M/s. Vijay Bahadur Singh & Sons Pvt. Ltd. submitted its tender and the same was accepted. An agreement was entered into on 12-5-97 in W.P. No. 3685/2002 and in W.P. No. 3686/2002 agreement was entered into on 7-1-99. Agreement was...
Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.
Court: Madhya Pradesh
Decided on: Aug-05-2002
Reported in: 2002(4)MPHT360; 2002(3)MPLJ504
S.S. Jha, J.1. This Letters Patent Appeal is filed against the judgment and decree passed in First Appeal No. 10 of 1982 arising out of the judgment and decree dated 19-6-82 passed by Third Additional Judge to the Court of District Judge, Gwalior.2. Objection is raised by the respondents as to maintainability. The appeal was finally heard and decided on 4-9-96 [1997(1) Vidhi Bhasvar 255]. After its decision an application for restoration was filed as some of the respondents were not served and appeal came up for hearing. After restoration of appeal the case was listed again and objection is raised that in view of amendment in Section 100A of Code of Civil Procedure this appeal is not maintainable. This appeal is filed against that order.3. It is to be examined whether the appeal is now maintainable in view of amended Section 100A of Code of Civil Procedure came into force w.e.f. 1st July, 2002. Section 100A is reproduced below:--'100A. No further appeal in certain cases.-- Notwithstand...
Anil Garg Vs. Western Coalfields Ltd. and anr.
Court: Madhya Pradesh
Decided on: Aug-05-2002
Reported in: 2003(2)MPHT251; 2003(2)MPLJ251
ORDERArun Mishra, J.1. Petitioner in this application seeks the quashment of the order declaring him 'persona non grata '.2. Petitioner is a lawyer and Member of District Bar Association, Betul, Free Lance Journalist, Organiser of Jila Upbhokta Manch and is Secretary of Satpuda Kisan & Mazdoor Kalyan Samiti, Betul. Respondent Western Coalfields Ltd. is a Company carries on coal mining operations. Huge land was acquired for the coal mining operations. Area of Ghodadongari had 60% tribal population. Petitioner took up the various causes of the tribals. Petitioner pointed out to various authorities problems of tribals regarding rehabilitation, by diplere. The Government machinery was put in motion by petitioner respondent got irked and decided to control activities of petitioner within coal mines area and particularly in 'Pathakhera' area. Restriction has been put on petitioner's movement and activities within coal mines area particularly in Pathakhera. Workers have been restrained to mee...
Shekhar Agrawal Vs. Mohd. Sajid and anr.
Court: Madhya Pradesh
Decided on: Aug-05-2002
Reported in: 2002(5)MPHT285
ORDERDipak Misra, J.1. By this writ petition preferred under Articles 226/227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashing of the order passed by the M.P. State Consumer Disputes Redressal Commission (in short 'the Commission') vide Annexure P-1, whereby the said Commission has dismissed the appeal preferred by the petitioner for default. Assailing the said order it is putforth in the petition that the State Commission could not have decided the appeal in absence of the President. It is apposite to mention here that initially the prayer was confined to the aforesaid extent but later on, an application for amendment was filed to challenge the validity of the Sub-rules (9) and (10) of Rule 6 of the M.P. Consumer Protection Rules, 1987. The said amendment was allowed by this Court. It is urged in the petition that the said sub-rules are ultra vires the Act and, therefore, the appeal could not have been dealt with, as has been dealt ...
M.P. Electricity Board and ors. Vs. Girish Kumar Tomar
Court: Madhya Pradesh
Decided on: Aug-02-2002
Reported in: 2002(4)MPHT380; 2002(4)MPLJ339
R.B. Dixit, J.1. Respondent herein and petitioner in W.P. No. 236/1997, was appointed as Asstt. Grade III, in M.P. Electricity Board, (in short 'MPEB'), on 7-7-1981 and he was also a union worker. A show-cause notice was issued to him on 15-11-1995 calling upon him to reply about his absence from duty and was also suspended on 16-11-1995 and transferred from Gwalior without fixing his placement, on 29-1-1997. An Inter Regional Cricket Tournament was arranged by the officers of MPEB and it was alleged that the respondent entered on the scene and abused organizer of the Tournament and threatened them not to allow Chief Engineer to distribute the price. On these allegations, the services of the respondent were terminated vide order dated 3-2-1997 (Annexure P-10), without holding any enquiry, against which, writ petition was filed before learned Single Judge. 2. The appellant MPEB, in return contended that the respondent/petitioner had an alternative remedy by way of appeal against the ord...
Ram Bilas Baba Vs. State
Court: Madhya Pradesh
Decided on: Aug-02-2002
Reported in: 2003CriLJ3372; 2003(1)MPLJ559
S.P. Khare, J.1. Appellants-Rambilas Baba and Prabha Shanker Dubey have been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the Act') and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1,00,000/- each.2. The prosecution case is that on 3-11-1998 S. B. Shrivastava (P.W. 6) received information that two persons are in possession of opium and they are going on Scooter No. M.P.-04-R-7693 from the side of new jail to Gandhi Nagar. This information was recorded in Sanha No. 216 and transmitted to the C.S.P. as per Ex. P-1. He reached the spot and found accused-Rambilas Baba and Prabha Shanker Dubey coming on the scooter. They were stopped and apprised through the notices Ex. P-10 and Ex. P-11 that if they desire they can be taken to a Magistrate or a Gazetted Officer for search. They opted to be searched by him. On their search 200 grams of opium was found on the 'person' of each of them. It was...
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