Madhya Pradesh Court January 2004 Judgments
Jindal Paper and Plastics Ltd. Vs. Kedia Distilleries Ltd.
Court: Madhya Pradesh
Decided on: Jan-30-2004
Reported in: (2004)2CompLJ139(MP); [2004]55SCL660(MP)
ORDERA.M. Sapre, J.1. This is a company petition filed under Section 433(e) and (f) of the Companies Act seeking winding up of the respondent company known as Kedia Distilleries Ltd. The winding up is sought essentially on the ground that respondent company is unable to pay admitted debt of the petitioner company to the tune of Rs. 1,71,43,173 despite repeated demand made by the petitioner company as contemplated under Section 434 of the Companies Act. The petition then avers the necessary facts duly supported by the documents to show that the debt alleged against the respondent company is established on facts and that it is subsisting on the date of presentation of winding up petition. The respondent on being noticed filed reply but there is nothing to indicate that the debt in question is neither disputed nor denied nor not found payable. In other words, there is nothing on record for coming to a conclusion that the petitioner has failed to established the debt payable by the respond...
Tag this Judgment!Gangabai Vs. Hari
Court: Madhya Pradesh
Decided on: Jan-29-2004
Reported in: I(2004)DMC784; 2004(3)MPHT206
A.K. Awasthy, J.1. Appellant/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 13-8-97 in Civil Suit No. 16-A/90 passed by the learned District Judge, Mandleshwar.2. Admitted facts of the case are that the marriage in between the appellant and the respondent was solemnized in the year 1978 at Mandleshwar. It is also not in dispute that the defendant has filed the Case No. 9/89 against the petitioner 125 Cr.PC for her maintenance.3. The case of the petitioner is that at the time of his marriage his age was 17 years and the age of the defendant was only 13 years. That their marriage was not legal and proper, because at that time they were minor and 'Sapatpadi' and other rites have not taken place at the time of marriage. The petitioner has further alleged that few days after the marriage the defendant has left the matrimonial house and she was started living with her brother at Village Gogaona and she is doing the business of...
Tag this Judgment!Shailendra Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-29-2004
Reported in: 2004(4)MPHT422; 2004(4)MPLJ571
ORDERArun Mishra, J.1. Petitioner in this writ petition has prayed that respondents be directed to give compassionate appointment to him.2. Father of the petitioner namely late Shri Rampati Singh was in the service of State of M.P. He worked as Upper Division Clerk in the Weight and Measurement Department. It appears that near the age of superannuation he was given retirement on 2-3-98 w.e.f. 7-1-98 as per Order (P-4). He died on 11-7-99. Initially Shri Shailendra Singh applied in the life time of Shri Rampati Singh for appointment on compassionate ground. His case was rejected by the State Govt. Thereafter present petitioner Shailendra Singh applied for compassionate appointment which prayer too has been rejected as per Order (P-6), dated 8-10-2003. This writ petition has been filed for quashment of Order (P-6), dated 8-10-2003. Order (P-6) is assailed on the ground that deceased employee was disqualified on the medical ground and retirement was ordered, thus, the claim of the petitio...
Tag this Judgment!Annapurna Industries Unit-ii Vs. Deputy Commissioner, Commercial Taxes ...
Court: Madhya Pradesh
Decided on: Jan-29-2004
Reported in: [2006]143STC426(MP)
ORDERA.M. Sapre, J.1. The decision rendered in this writ shall also govern the disposal of other two writs being W.P. No. 9471 of 2003 and W.P. No. 166 of 2003 because in all these writs, the question involved is common.2. In substance, the short question that arises for consideration in these writs is, whether PVC pipes used in pumping sets having 10 H.P. or less is and/or can be regarded as an accessory of pumping sets so as to entitle the petitioner--a dealer to claim exemption from payment of sales tax as contemplated in entry 89 of the Schedule I of Commercial Tax Act. In other words, the question that arises for consideration is, whether PVC pipes used in pumping sets can be held as accessories of the pump and if so, whether they are exempt from payment of commercial tax ?3. The commercial tax authorities have taken a view in the impugned orders against the petitioner and have held that the PVC pipes are not accessories of the pumping sets and hence, no exemption can be extended ...
Tag this Judgment!Nawal Kishore Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-28-2004
Reported in: 2004(1)MPHT415; 2004(1)MPLJ607
ORDERS.K. Pande, J.1. Police case diary of Crime No. 208/2003 of P.S., Sausar (Chhindwara) under Sections 498A, 304B and 302 of IPC perused. Arguments heard.2. Preeti soon after her marriage died of burn injuries. She was taken to the hospital where her Dying Declaration, dated 23-9-2003 was recorded by the Executive Magistrate. In this dying declaration she has stated that she was warming water, suddenly, the stove fell down and the clothes worn by her caught fire. There is nothing in this dying declaration incriminative against the applicant/accused who is said to he father-in-law of late Preeti. However, on 14-11-2003, statement of Bhole Singh was recorded wherein, he has stated that Preeti told him that she was being harassed and the applicant/accused in association with other family members spread kerosene on her body and set her on fire. Learned Counsel for the applicant/accused contended that the subsequent oral dying declaration must be ignored in deciding the application under...
Tag this Judgment!Smt. Kamla Durga Solanki Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-28-2004
Reported in: 2004(2)MPHT76; 2004(2)MPLJ140
S.S. Jha, J.1. This appeal is filed against the judgment of the Single Bench holding therein that the motion of no-confidence passed against respondent No. 4 is invalid. It is contended that after passing of the no-confidence motion, appellant was elected subsequently as the President of Zila Panchayat, Morena under Section 32 of the Madhya Pradesh Panchayat Raj and Gram Swaraj Adhiniyam, 1993.2. Brief facts of the case are that respondent No. 4 Shrimati Guddi Bai was elected as Member of Zila Panchayat, Morena and thereafter she was elected as President of the Zila Panchayat under Section 32 of the Madhya Pradesh Panchayat Raj and Gram Swaraj Adhiniyam, 1993 (hereinafter, referred as the 'Act'). After her election, an application was submitted to the Commissioner, Chambal Division by some of the members of the Panchayat proposing to move motion of co-confidence against the elected President. On receiving the letter of the members, Commissioner issued notice (Annexure P-3), dated 12-8-...
Tag this Judgment!Badri Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-28-2004
Reported in: 2004CriLJ3078; 2004(2)MPHT408
S.L. Kochar, J.1. The appellant has preferred this appeal against the judgment dated 01-07-94 rendered by the learned Second Addl. Sessions Judge, Barwani in Sessions Trial No. 183/92, thereby convicting the appellant for the offence under Section 302 Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5000/-. In default of payment of fine, he was ordered to suffer additional simple imprisonment for three months.2. The prosecution case giving rise to this appeal in short was that on 14-03-1992 in the noon at 10.30 PM, deceased Ramesh was standing on the road in front of his house in village Kusmari. At that time, the appellant Badri S/o Govind Bhilala reached over there having an axe in his hand and dealt a blow by the axe on the neck of the deceased on his back side. The deceased Ramesh fell down on the ground. Thereafter again, appellant dealt three/four axe blows on various parts of his body. The deceased died instantaneously on the spot. Th...
Tag this Judgment!G.R.D. Profiles Ltd. Vs. M.P.E.B. and anr.
Court: Madhya Pradesh
Decided on: Jan-28-2004
Reported in: 2004(3)ARBLR140(MP); 2004(3)MPHT34; 2004(3)MPLJ284
ORDERA.K. Awasthy, J.1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act') for the appointment of the Arbitrator by the Chief Justice or his designate.2. It is not in dispute that the applicant is a Private Limited Company and it manufactures Mild Steel Ingots in its plant situated at Bhagirathpura, Indore (M.P.). That the non-applicant sanctioned a power supply of 2500 KVA and after the execution of an agreement on 18-11-98 the non-applicant has provided H.T. connection to the applicant. That Clause 36 of the agreement dated 18-11-98 relates to the appointment of Arbitrator in the event of nature of dispute given in the clause between the parties. That on 22-4-2000 the officials of M.P.E.B. alleged that they had found that the applicant was committing the theft of electricity and they had lodged FIR in Police Station, Banganga and disconnected the supply and issued the supplementary bill of Rs. 1,93,01,339...
Tag this Judgment!Subham Agencies (P) Ltd. Vs. M.P.E.B. and anr.
Court: Madhya Pradesh
Decided on: Jan-28-2004
Reported in: 2004(3)ARBLR25(MP); 2004(3)MPLJ168
A.K Awasthy, J.1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as the 'Act') for appointment of Arbitrator by the Chief Justice or his designate.2. It is not in dispute that the applicant was awarded contract on 14.10.1993 for a period of three years for displaying of advertisement on 'Kiosks to be affixed to electric poles belonging to the M.P.E.B. in the State of M.P. except Bhopal. That one A.K. Vigg filed writ petition challenging the grant of contract to the applicant by the MP.E.B. and in this W.P. 1242/94 it was ordered on 31.10.1996 that policy be laid down by the M.P.E.B, for Competitive Bids of contract to get maximum amount. That the applicant has filed the writ petition No. 48/98 for recovery of losses resulting in non-fulfilment of contract and it was decided on 12,02.1998.3. The case of the applicant is that the M.P.E.B. has not refunded the amount which is of more than 25 lacs and not resolved the...
Tag this Judgment!Rakesh Kumar Upadhyay Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-28-2004
Reported in: 2004(4)MPHT383
ORDERArun Mishra, J.1. Petitioner in this writ petition has prayed for quashment of an order (P-4), dated 10-9-2001 passed by the Collector by issuance of writ oicertiorari.2. It is averfed in the writ petition that petitioner was one of the applicant for the post of Shikshakarmi Grade I in Mathematics. He was called for interview, was declared successful in the selection, and appointed as per order (P-l). The appointment was challenged by respondent No. 4 by filing an appeal before Collector, Mandla. In appeal the petitioner was impleaded as party which was decided by the Collector as per order (P-2), dated 22-9-1998. Appeal filed was allowed and appointment of petitioner was cancelled. Collector observed that and Shri Sudeep Kumar and Shri Rajeev Bilaiya shall also be called for interview by the selection committee and selection proceeding shall be held afresh. A Writ Petition No. 1654/1999 was filed before this Court. An order (P-3) was passed by this Court on 2-7-1999. Writ petitio...
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