Madhya Pradesh Court April 2004 Judgments
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Vyapar Mandal Mandi Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2004
Reported in: AIR2005MP9; 2004(2)MPHT552; 2004(2)MPLJ482
S.S. Jha, J.1. Appellant has filed a writ petition before the single Bench under Articles 226 and 227 of the Constitution of India for quashing the resolution of respondent No. 2 Municipal Council, Morena and respondent No. 3 President-In-Council, Morena granting contract for recovery of terminal tax to respondent No. 4 Neeraj Sharma. Appellant petitioner has challenged the action of the State Government whereby the State Government has set aside the order dated 6-2-2003 passed by the Collector, District Morena. Petitioner had further prayed that the agreement dated 23-6-2003 and the supplementary agreement dated 10-7-2003 between Municipal Council, Morena and respondent No. 4 Neeraj Sharma be quashed being contrary to law. Petition has been dismissed by the single Bench. Thereafter, this letters patent appeal is filed.2. Counsel for the appellant submitted that rules known as Terminal Tax (Assessment and Collection) on the goods exported from M.P. Municipal Limits Rules, 1996 (hereina...
Subhash Singhania and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2004
Reported in: 2005(1)MPHT192; 2004(4)MPLJ13
ORDERS.K. Seth, J.1. The petitioners have invoked the extra-ordinary writ jurisdiction under Article 226 of the Constitution of India to claim the following reliefs:-'(a) Issue appropriate writ, order or direction quashing the revised lay outs of Scheme No. 54 and order dated 5-8-2002 (P-8) passed by respondent No. 2.(b) Issue appropriate writ, order or direction mandating the respondents not to make any change in the land use without compliance to mandatory provisions of Section 23 of Act, 1973 and procedure prescribed under the law.(c) Issue any other and further orders as. may be deemed fit in the facts and circumstances of the case.(d) Allow petition with costs.'2. Aforesaid reliefs have been claimed on allegations that petitioners are residents of Indore and are social workers. According to petitioners, a Development Plan (hereinafter referred to as 'master plan of 1991') was sanctioned for the Indore City under Section 19 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (herei...
Dudkibai Vs. Iqbal Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2004
Reported in: 2005ACJ1730
A.M. Sapre and A.K. Tiwari, JJ.1. This is an appeal under Section 173 of Motor Vehicles Act filed by the claimant challenging the dismissal of her claim petition by the Addl. Member of Claims Tribunal, Sendhwa in Claim Case No. 16 of 1994, whereby the learned Member of the Tribunal was pleased to reject the claim petition submitted by claimant (appellant herein) by award dated 22.7.1994.2. Few facts need to be taken note of to appreciate the controversy involved in the appeal. Claimant is one Dudkibai. She had a son by name Balia. Balia married a girl by name Meera.3. On 20.10.1993 at about 8.45 in night Balia met with an accident. One truck bearing No. MP-06 A-3745, which was driven by respondent No. 1 dashed against Balia while he was on walking on the roadside resulting in his instantaneous death. Indeed the impact was so violent that Balia died on the spot. He was around 37 years of age at the time of his death. It is not in dispute that offending vehicle, i.e., truck in question w...
Dudkibai Vs. Iqbalsingh and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2004
Reported in: III(2004)ACC941
ORDER1. This is an appeal under Section 173 of Motor Vehicles Act filed by the claimant challenging the dismissal of her claim petition by Addl. Member of Claims Tribunal, Sendhwa in Claim Case No. 16/94, whereby the learned Member of the Tribunal was pleased to reject the claim petition submitted by the claimant (appellant herein) by award dated 22.7.1994.2. Few facts need to be taken note of to appreciate the controversy involved in the appeal. Claimant is one Dudkibai. She had a son by name Balia. Balia married to one girl by name Meera.3. On 20.10.1993 at about 8.45 in night Balia met with an Accident. One truck bearing No. MP-06-A-3745, which was driven by respondent No. 1 dashed to Balia while he was on his foot on the road resulting into his instantaneous death. Indeed the impact was so violent that Balia died on the spot. He was around 37 years of age at the time of his death. It is not in dispute that offending vehicle i.e., truck in question was insured with respondent No. 3 ...
Naseem Bano and ors. Vs. L.i.C. of India and ors.
Court: Madhya Pradesh
Decided on: Apr-16-2004
Reported in: III(2004)BC472; 2004(3)MPHT358; 2004(2)MPLJ22
S.K. Seth, J.1. This appeal by the plaintiff is against the judgment and decree dated 29-10-1993 passed by the Vth Additional District Judge, Indore in Civil Suit No. 142-B/86. By the impugned judgment and decree, the suit preferred by the plaintiffs was dismissed and it was held that the plaintiffs are not entitled to recover any amount either from respondent No. 1 or from respondent Nos. 2 and 3.2. Facts necessary for the disposal of this appeal lie in a narrow compass. One Abdul Gaffar, an employee of respondent Nos. 2 and 3, took out an insurance policy on 28-3-1984 under the 'Salary Saving Scheme' floated by the LIC, respondent No. 1. He was allotted policy No. S/57622245 and the monthly premium was fixed at Rs. 59.10. The first two premiums were paid by Abdul Gaffar. Under the insurance policy, the amount of premium was to be deducted by the MPSRTC from the monthly salary of Abdul Gaffar and remitted by it to the LIC under the authorisation issued by Abdul Gaffar in favour of the...
Ram Raj Maran and ors. Vs. Disaster Management Institute and anr.
Court: Madhya Pradesh
Decided on: Apr-16-2004
Reported in: 2004(4)MPHT447
ORDERDipak Misra, J.1. Petitioners, three in number, were appointed as Gardener, Cook and Orderly respectively under the respondent No. 1, Disaster Management Institute, Bhopal, which functions in the department of the State Government. A document contained in Annexure P-1 has been brought on record showing the position of filled up pots and vacant posts against the sanctioned posts set up as on 31-3-1995. The name of the petitioners have been mentioned at Serial Nos. 24 to 26, The petitioners have brought on record the memorandum of association and regulations of the Disaster Management Institute (DMI). Though the petitioners were appointed vide orders contained in Annexure P-3 to Annexure P-5 in the year 1989 on different dates, the appointments are similar in nature. The appointments convey that the petitioners were appointed temporarily until further orders on the posts with effect from either July or September, 1989 in the pay scale of Rs. 725-10-735-12-835-15-900 with a further s...
Om Puri Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-16-2004
Reported in: 2005CriLJ1079; 2004(4)MPHT410; 2005(1)MPLJ192
ORDERAjit Singh, J.1. This revision, by the accused, is directed against the order dated 18-10-2000 passed in an unregistered criminal appeal by the Additional Sessions Judge, Begumganj, Raisen, whereby he dismissed the appeal on the ground that it was barred by two months of the prescribed period of limitation.2. The Trial Court convicted the applicant for offences under Sections 325/34 and 506, Part II of the Indian Penal Code and sentenced to two years rigorous imprisonment and a fine of Rs. 500/- on both counts. The Appellate Court, by the impugned order, dismissed the appeal on the ground that it was barred by two months. The Appellate Court rejected the plea of the applicant that he fell sick and, therefore, he could not file the appeal within the prescribed period of limitation.3. It is a well settled principle of law that rules of limitation are not meant to destroy the rights of parties. They arc meant to see that parties do not resort to dilatory tactics but seek their remedy...
Assistant Commissioner of Income Tax Vs. Rajaram and Brothers
Court: Madhya Pradesh
Decided on: Apr-15-2004
Reported in: (2005)193CTR(MP)248; [2005]274ITR122(MP)
A.M. Sapre, J.1. Having heard the learned counsel for the appellant (Revenue) and having perused the record of the case, we are unable to notice any question of law, much less substantial question, as is required to be made out for the purpose of entertaining the appeal under Section 260A of IT Act.2. On perusal of the impugned order rendered by the Tribunal, which was passed on two appeals, one filed by the assessee and other filed by the Department, it is noticed that Tribunal went into the factual aspect of the matter and then accordingly granted the relief to the parties.3. Issue before the Tribunal arose out of the assessment made by the AO under Section 158B(c) of the IT Act. It was pertaining to the block assessment period from 1st April, 1988 to 1st July, 1998. The CIT(A) and then Tribunal went into all questions pertaining to the deletion as also addition of some of the items and examining them in detail in the context of the stand taken by the parties on facts, granted approp...
Bhanwarlal and ors. Vs. Ramchandra and ors.
Court: Madhya Pradesh
Decided on: Apr-15-2004
Reported in: I(2005)ACC31
ORDER1. This is an appeal filed by the claimants under Section 173 of Motor Vehicles Act against an award dated 17.7.1997, passed by M.A.C.T., Biaora (Rajgarh) in Claim Case No. 243 of 1997 whereby the claim filed by the appellants was rejected in toto. Facts in brief are these.2. On 2.11.1992 at about 10 a.m. one Nand Ram a resident of Bakhtawarpura was going on his cycle to Biaora for purchasing diesel. It is at that time, he was dashed by the offending vehicle (Tractor MP 08 1065) from rear. It was driven by respondent No. 2. Due to impact. Nand Lal suffered bodily injury. He was then taken in the same tractor to Biaora and admitted in hospital. He succumbed to injury the same day. This led to filing of the claim petition out of which this appeal arises claiming compensation for the untimely death of Nand Lai. It was inter alia alleged that the offending vehicle was insured with the respondent No. 3 (N.A. No. 3) at the relevant time and the accident in question was due to rash and n...
Design Auto Systems Ltd. Vs. Commissioner of C. Ex. and Cus.
Court: Madhya Pradesh
Decided on: Apr-13-2004
Reported in: 2004(170)ELT269(MP)
ORDERA.M. Sapre, J.1. This is an appeal preferred under Sec. 35G of Central Excise Act, 1944 by the appellant against an order, dated 27-11-2003 (Ann. T) passed by CESTAT in Appeal No. E/674/2003-B of 2000 which in turn arise out of an order passed by the Commissioner in Case No. 02/Comm./ Cex/Ind/2003, dated 23-1-2003.2. The impugned order reads as under :-'The appellants filed this appeal against the adjudication order passed by the Commissioner of Central Excise. The Commissioner of Central Excise in the impugned order simply endorsed the earlier order passed by the Assistant Commissioner where the facility for depositing of duty fort- nightly was forfeited. That order was not challenged by the appellants. Therefore, in the present proceedings, the appellants have no legal right to challenge the earlier order passed by the Assistant Commissioner which had attained-finality. The present appeal is dismissed.'3. Having heard the learned Counsel for the appellant and having perused the ...