Madhya Pradesh Court September 2003 Judgments
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Mysore Cement Ltd. and Anr. and M.P. Cement Manufacturer's Association ...
Court: Madhya Pradesh
Decided on: Sep-08-2003
Reported in: [2006]143STC432(MP)
ORDERDipak Misra, J. 1. In these writ petitions the question of law being common they were heard analogously and are disposed of by this common order. For the sake of clarity and convenience we shall adumbrate the facts of W.P. No. 669 of 2002.2. The petitioner No. 1 is a public limited company having its cement manufacturing unit at Narasinghgarh, District Damoh. The petitioner No. 2 is the Joint President of the petitioner No. 1 company. The petitioner No. 1 company has a captive power plant for generation of power for use in the cement manufacturing plants. The diesel is one of the raw materials for generation of power and also for use in machineries in quarrying limestone. Diesel is specified as raw material in the registration certificate granted to the petitioner under the Madhya Pradesh Commercial Tax Act, 1994 (in short, 'the 1994 Act') and under the Central Sales Tax Act, 1956 (in short, 'the 1956 Act').3. Under Section 3 of the Entry Tax Act the entry tax on diesel is payable...
Shri Ambika Trading Company Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-05-2003
Reported in: 2004(1)MPHT220
ORDERDipak Misra, J. 1. This appeal is directed against the order of Income-tax Appellate Tribunal (in short 'the Tribunal') whereby it has remanded the case to the Assessing Officer for the assessment by applying Section 44AC of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').2. The facts need to be stated are that the appellant, a registered firm, deals with the business of 'Tendu' leaves. For the assessment year 1991-92 it filed its return of income declaring total income of Rs. 5,92,280/- along with return trading account, profit & loss account and balance-sheet etc. During course of assessment proceedings it was contended by the assessee that during the previous year relevant to the assessment year under appeal the assessee had traded in the business of forest produce that is purchase and sale of Tendu' leaves. The provision contained in Section 44AC of the Act was referred to show that profit of 35% of total sales of Rs. 16,92,227/- being Rs. 5,92,280/-had been of...
Deena Nath Tiwari Vs. Dr. Hari Singh Gour Vishwavidyalaya
Court: Madhya Pradesh
Decided on: Sep-05-2003
Reported in: 2004(1)MPHT419; 2004(1)MPLJ48
ORDERS.P. Khare, J. 1. This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the orders by which the petitioner has been punished after departmental enquiry and for a direction to the respondent to pay his full salary for the period of suspension.2. The petitioner was Store-keeper Grade I in Dr. Hari Singh Gaur University, Sagar. He was served with a charge-sheet on 18-11-1988. The charge was that he forged a cash memo and entered it in the stock register for payment. The original amount of the cash memo was Rs. 30/- and the alternations were done to the extent that the amount of Rs. 250/- became payable under it. The enquiry report is dated 20-3-1989. This report shows that it was not proved that the petitioner forged the cash memo but it was held that he entered this forged cash memo in the stock register and passed it for payment of Rs. 250/-. This cash memo, a photo-copy of which is annexed to the charge-sheet (Annexure P-1) appears on the fac...
Ajay Agrawal Vs. Indermal Samrathmal Infrastructure Private Limited an ...
Court: Madhya Pradesh
Decided on: Sep-05-2003
Reported in: I(2005)BC515
ORDERA.M. Sapre, J.1. This is a company petition filed under Section 433F of the Companies Act by one Ajay Agrawal, who claims to be a contributory/share holder of the respondent No. 1 company.2. Perusal of the company petition shows that it is filed for winding up of the Respondent No. 1-company on the ground contained under Section 433(F) of the Act i.e. just and equitable clause.3. Perusal of the company petition would indicate that it is admittedly not filed in the format prescribed for filing the company petition for winding up of any company namely Rule 95 read with Form No. 45 prescribed under the Companies Court Rules. Part III of the Companies Court Rules, 1953, deals with the Chapter relating to winding up. This chapter elaborately deals with the winding up of petition and the manner in which they are to be filed and heard by the Company Judge. Rule 95 prescribes the manner in which the petition is to be filed by every petitioner.'Petition for winding up--Petition for winding...
S.K. MuddIn Vs. S.K. Nafees
Court: Madhya Pradesh
Decided on: Sep-04-2003
Reported in: 2003(4)MPHT93
ORDERS.K. Pande, J.1. Arguments heard.2. This revision is directed against the order dated 4-2-2003, passed by IV Civil Judge, Class I, Jabalpur in C.S. No. 53- A/2002 declining to accept the written statement filed by the defendant/applicant.3. As' per impugned order, the defendant/applicant filed written statement after the period of 90 days prescribed under Order 8 Rule 1, CPC. Therefore, the Court below declined to accept it.4. With reference to decision of this Court in Asarfi Lal v. Smt. Vimla Devi and Ors., 2003(3) M.P.H.T. 14 (NOC) and Smt. Kusum Bat and Anr. v. Ghasiram and Ors., 2003(3) M.P.H.T. 15 (NOC), learned Counsel for the applicant states that the proviso to Order 8 Rule 1 is directory and not mandatory.5. Where the reason for not filing the written statement within 90 days time was explained, the Court ought not to have declined to accept the written statement. Even otherwise, the Court is not seized of the jurisdiction to accept the written statement on filing of app...
ismail Khan Vs. General Officer Commanding-in-chief, Western Command a ...
Court: Madhya Pradesh
Decided on: Sep-04-2003
Reported in: 2003(4)MPHT282; 2004(1)MPLJ217
S.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing order dated 19-11-1991 by which the petitioner has been dismissed from service in a Summary Court Martial proceeding and he has been sentenced to rigorous imprisonment for two months, and for a direction to the respondents to reinstate him in service.2. It is not in dispute that the petitioner was enrolled in the Army Serrvice on 15-6-1984. Hewas Driver (Mechanical Transport). He was granted leave from 9-5-1991 to 19-5-1991 on his application for attending the marriage of his brother. The petitioner remained absent and joined his duties on 24-8-1991. He overstayed his leave for 98 days. There was recording of 'summary of evidence' on 27-9-1991 as per Rule 22 of the Army Rules. On 15-11-1991 a charge-sheet was served on the petitioner alongwith summary of evidence. He was informed that he would be tried by the Summary Court Martial on 19-11-1991. On that date he pleaded guilty t...
Ku. Saloni and ors. Vs. Mohammad Hanif and ors.
Court: Madhya Pradesh
Decided on: Sep-03-2003
Reported in: 2004(1)MPHT162
ORDERA.M. Sapre, J.1. This is a revision filed under Section 115 of CPC by the judgment-debtor against an order dated 11-10-2001 passed by Civil Judge Class II, Khetia, in Execution Case No. 32-A/88.2. The short question that arises for consideration in this revisibn is whether learned Executing Judge was justified in holding that payment of Rs. 5612/- made by the judgment debtor by depositing it in Court amounts to compliance of the term in the decree within the meaning of Order 21 Rule 1 of CPC?3. On 28-11-2000 a compromise decree was passed by the Appellate Court at the instance of both parties to this Revision who were plaintiff and defendant in a suit out of which the said appeal arose. In terms of the compromise decree the judgment debtor ('petitioner' herein) was to pay a rent of 187 months (26-4-85 to 28-11-2000) to the respondent (decree holder) within three months, i.e., on or before 28-2-2001 failing which the respondent would have become entitled to obtain possession of the...
Harsan Bai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-03-2003
Reported in: 2004CriLJ2311; 2004(1)MPLJ353
1. Appellant Harsan bai stands convicted under Section 302 of the IPC with sentence of imprisonment for life vide impugned judgment dated August 10, 1990, passed by the Additional Sessions Judge, Balaghat, in S.T. No. 64/90.2. The prosecution case in brief is that P.W. 3 Dhani Ram, P.W, 4 Smt. Chandrakala Bai, and P.W. 2 Rameshwari are the father, mother and sister respectively of deceased Hemendra, a child aged about 3 years. P.W. 13 Gyanaji, P.W. 5, Bistan Bai and P.W. 1. Daulat are the father, mother and brother of Dhaniram. Smt. Bijna Bai P.W. 8 and Smt. Sheela P.W. 6 are the daughters-in-law of Gyanaji.3. On 14-6-1989, i.e. about 4 months before the date of incident, Dhaniram P.W. 3 brought the appellant Harsan Bai to live with him as his concubine and it was natural for Chandrakala who was legally wedded wife of Dhaniram to protest this act of Dhaniram. She immediately left for parental home and called a panchayat. In panchayat she proposed that half of the property of Dhaniram s...
Halkibai and anr. Vs. Managing Director, Rajasthan State Road Trans. C ...
Court: Madhya Pradesh
Decided on: Sep-03-2003
Reported in: I(2004)ACC407; 2004ACJ481
S.S. Jha, J.1. This appeal is filed by the appellants-claimants for enhancement of the compensation. Respondent No. 1 has filed cross-objection challenging the quantum of compensation.2. Brief facts of the case are that on 2.12.1991 about 8 in the morning, while the deceased Lithru was crossing Agra-Bombay Road to reach agricultural field near Rairu Farm, bus driven by respondent No. 2 dashed against him which caused his death. The claim petition was filed by the mother appellant No. 1 and elder brother appellant No. 2. Claims Tribunal after hearing parties held that it is a case of contributory negligence of the deceased and the bus driver. Claims Tribunal found that the income of the deceased was Rs. 600 per month and determined the dependency at Rs. 400 per month, i.e., Rs. 4,800 per annum and awarded compensation by applying the multiplier of 15. In addition, compensation towards mental agony and loss of love and affection has also been awarded.3. Counsel for the appellants submitt...
Manful and anr. Vs. Mehmood and ors.
Court: Madhya Pradesh
Decided on: Sep-03-2003
Reported in: I(2005)ACC765; 2003(4)MPLJ174
Deepak Verma, J.1. This appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 against the award dated 2nd March, 1998, passed by 1st Addl. Motor Accident Claims Tribunal, Indore in Claim Case No. 189 of 1990.2. Tribunal has dismissed the claim of appellants on the ground, that the accident by the vehicle in question, could not be established. Feeling aggrieved appellants are before us in appeal.3. Few facts, material for deciding this appeal, are mentioned hereinbelow:Appellant's son Subodh, aged about 22 years, a newly Commissioned Officer, holding rank of 2nd Lieutenant had come to Mhow (Indore) to undergo a training of Young Officers Course for a period of two months.4. On 31st May, 1990, he was returning from Indore to Mhow on his scooter, bearing registration No. PIA-7785. Somewhere between Rau and Kishanganj, a tanker bearing registration No. MP-09-D-3105 was coming from opposite direction. The said tanker overtook another vehicle going in front of the said tank...
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