Madhya Pradesh Court March 2003 Judgments
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Century Yarn Vs. Commercial Tax Officer and ors.
Court: Madhya Pradesh
Decided on: Mar-21-2003
Reported in: 2003(3)MPLJ364; [2006]143STC173(MP)
ORDERA.K. Gohil, J.1. Petitioner has filed this writ petition under Article 226 of the Constitution of India for quashment of order dated September 4, 2002 passed by the State Appellate Forum, Bhopal (annexure 'O') and order dated December 29, 2000 passed by the State Level Committee, Indore (annexure 'R-1') and also for quashment of demand notices (annexures 'E-1', 'F-2' and 'L') and also for a direction to respondents Nos. 3 to 5 to issue an eligibility certificate to the petitioner for the period from March 25, 1994 to March 24, 2003 for grant of exemption.2. Petitioner-company has set up a factory at Village Satrati, District Khargone, which has been alleged to be a backward district. The finished products of the petitioner are cotton yarn and blended yarn. The production of the unit had commenced from March 25, 1994. The respondent No. 3, State Level Committee, in its meeting held on September 27, 1995 resolved to give to the petitioner exemption from payment of sales tax for a pe...
Durga Prasad Vs. Suvrati and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2003
Reported in: III(2004)ACC203; 2004ACJ1046; 2003(2)MPHT437; 2003(3)MPLJ99
R.B. Dixit, J.1. Learned Addl. Claims Tribunal, Shivpuri at Karcra by impugned award dated 23-4-2002 passed in Claim Case No. 16/2001 has granted compensation of Rs. 15,000/- for the death of deceased Tulsia sister of appellant.2. It is not disputed that deceased Tulsia died in motor accident on 6-6-2001 and she was having 8 Bigha of agricultural land in her possession and was living with appellant at the time of accident.3. Learned Trial Court by impugned award has held that deceased was aged about 75 years and was living with appellant, however, since appellant was not dependent on her, he is not entitled for any compensation except funeral expenses of Rs. 10,000/- and Rs. 500/- for love and affection.4. Learned Counsel for appellant has contended that deceased was having income of Rs. 50,000/- from her agricultural land and applicant being brother was dependent upon her, therefore, compensation could not be awarded assessing this income of deceased. However, learned Counsel for resp...
Santosh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-20-2003
Reported in: 2003(3)MPHT98
ORDERBhawani Singh, C.J.1. This appeal is directed against the judgment of the Third Additional Sessions Judge, Hoshangabad, in S.T. No. 112/97, dated May 30, 2002, whereby Santosh (accused) has been convicted for offence under Sections 302/34 and 201, IPC, though acquitted for offence under Section 377, IPC. 2. It is not necessary to make mention of the facts of the case, since the question for consideration in this appeal is whether the appeal is competent at this stage. By the impugned judgment, the accused has been convicted for the aforesaid offences. The conviction is not followed by imposition of sentence or any other consequential order, the Trial Court having come to the conclusion that the accused is a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity 'Act of 2000'), therefore, instead of passing any sentence, forwarded him to the Board constituted under Section 4 of Chapter II of the Act of 2000. Against this judgment, the accused f...
ici India Limited Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-20-2003
Reported in: 2003(159)ELT53(MP)
ORDERArun Mishra, J.1. In these seven writ petitions common question is involved. Petitioners in these writ petitions are public limited companies. The only question posed for decision is at what point of time petitioners are liable to pay the excise duty while taking out the raw material for the manufacture of the explosives to the mine site or after the manufacture is made at the mine site and the vehicles are brought back to premises of factory from the mine site.2. The facts are taken from W.P. No. 4528/1993. Petitioners submit that they are dealing in the field of industrial explosives and allied technology. They are manufacturing explosives for nationalised coal fields for the purpose of blast. They are also manufacturing a wide range of products including paints, rubber chemicals, speciality chemicals, catalysts, pharmaceuticals, agro chemicals, seeds, etc.3. It is submitted by the petitioners that they have the unit at Singrauli, District Sidhi. The SMS plant has two components...
S.P. Jauhari Vs. Madhya Pradesh Laghu Udyog Nigam Maryadit
Court: Madhya Pradesh
Decided on: Mar-20-2003
Reported in: 2004(2)MPHT533; 2003(3)MPLJ481
ORDERDipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for issue of a writ of certiorari for quashment of order dated 31-12-2002, Annexure P-3, passed by the sole respondent, namely, Madhya Pradesh Laghu Udyog Nigam Maryadit (in short 'the Corporation') and further for quashment of order dated 3-3-2003, Annexure P-5, and to issue a writ of mandamus by commanding the sole respondent to allow the petitioner who had sought withdrawal of his option by his application dated 13-2-2003, Annexure P-4, to continue in his post.2. Sans unnecessary details, the essential facts which are necessitous to be stated for disposal of the present controversy are that the petitioner was appointed as Technical Advisor in the Corporation on 29-3-1984. The nomenclature of the post had undergone a transformation and he was designated as General Manager (Technical). The respondent-Corporation, a State undertaking flo...
G.D. Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2003
Reported in: 2004(1)CTLJ237(MP); 2003(4)MPLJ221
ORDERArun Mishra, J.1. Petitioner in this writ petition prays for the relief to quash Order P/6 dated 14.05.2002 as being void illegal and arbitrary and for refund of sum of Rs. 2,50,000 collected from the petitioner as royalty for excavating clay with interest at the rate of 15% per annum.2. Petitioner submits that petitioner is a registered contractor and is engaged in business of Government Contracts. In the year 1983, the petitioner undertook a work for the railways for scattering of clay for maintenance of railway siding near Itarsi ; the earth was excavated from adjacent lands belonging to private individuals on consideration agreed to with them. Petitioner applied for quarry lease for ordinary clay under the provisions of M.P. Minor Mineral Rules, 1961. The application was submitted on 23rd January, 1984 for excavation of clay for railway work from lands situated in village Mehragaon. On 01.02.1984 Collector, Hoshangabad sanctioned the application of the petitioner for grant of ...
Mandi BahaudIn Khalsa Education Society Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-19-2003
Reported in: 2003(2)MPHT396
ORDERA.M. Sapre, J.1. The decision rendered in this writ shall govern the disposal of W.P. No. 700 of 2002. 2. The challenge in substance in this writ relates to an appellate order, dated 27-4-2002, passed by State (Annexure P-11) under Section 40 of the M.P. Society Registrikaran Adhiniyam, 1973. By impugned order, the State has directed to hold an inquiry by the Registrar as contemplated under Section 32 of the Adhiniyam in relation to the affairs of petitioner's society. 3. It is not in dispute that disputes have arises in relation to membership of persons of the said Society and also its manner of functioning as also its manner of running the activities of the Society. It is in this context, when the matter went to Appellate Court in respect of some disputes touching the affairs of the society, the State as an appellate authority directed the Registrar to hold an inquiry into the affairs of the society as contemplated under Section 32 ibid. 3. I find no case to interfere in such di...
Choudhary Mineral and Chemicals Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-19-2003
Reported in: 2003(161)ELT117(MP)
A.K. Mishra, J.1. Shri P.K. Tiwari with Shri R.K. Choudhary for the petitioner.2. Heard on question of admission.3. The appeal of petitioner has been dismissed by the CEGAT as per order P.1, dated 14-9-2000 from non-compliance of the provisions of Section 35 of the Central Excise Act, 1944 within 15 days of the receipt of the order. The date on which the order was passed i.e. 28-8-2000 non-appeared on behalf of the petitioner before the CEGAT. Appeal was dismissed under Section 35F of the Central Excise Act, 1944. Petitioner submits that the order has been received belatedly. The order is unjust.4. It is for the petitioner to file appropriate application before the CEGAT showing cause of non-appearance and non-ompliance of the order and in case petitioner is having any hardship, that question has to be urged before the CEGAT. Considering the nature of the order passed by the CEGAT, I find no scope of interference in the petition. Counsel for petitionerhas expressed the willingness to f...
Ramesh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-19-2003
Reported in: II(2003)DMC346; 2004(2)MPLJ28
Deepak Verma, J.1. This is an application Under Section 439 of the Cr.P.C. in connection with Crime No. 1 /2003 for commission of alleged offence Under Section 304B of the I.P.C.2. Learned Counsel for the applicant contended that the deceased Kallo Bai, wife of the applicant, had died after consumption of some poisonous substance. She was taken to the hospital on 19.12.2002 and only a Murg intimation was sent to the police. It was further contended that formal FI.R. was registered on 15.1.2003 and statement of the parents of the deceased was recorded on 17.1.2003. Learned Counsel further contended that the applicant has falsely been implicated in the case.3. On consideration of submissions in advance, I allow the application and direct that the applicant shall be released on furnishing bail bond of a sum of Rs. 20,000/- with a surety of like amount to the satisfaction of CJlM., Sagar, for his appearance as and when it may be directed.C.C. as per...
Motiram Mandhyani and anr. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Mar-17-2003
Reported in: AIR2004MP82
Dipak Misra, J.1. In this batch of appeals preferred under Clause 10 of the Letters Patent, the appellants have called in question the defensibility and the legal propriety of the composite order passed by the learned single Judge in a bunch of writ petitions as well as the sustainability of a Singular order passed separately. It is apropos to state here the learned single Judge disposed of eight writ petitions by a common order on the base that common questions of law with slight variation of facts arose for determination and hence, they deserved to be dealt with by a common order. As in another writ petition, the factual matrix was depicted in a different manner he passed a separate order. We may state at the outset that all the writ petitioners have not preferred appeals but only present appellants have invoked the jurisdiction of this Court taking recourse to intra-Court appeal.2. In different appeals facts have been adumbrated in different manners but essentially the facts which h...
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