Madhya Pradesh Court March 2005 Judgments
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Mohammad Sartaj Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-11-2005
Reported in: 2005CriLJ2133; 2005(2)MPLJ136
ORDERDipak Misra, J.1. The petitioner along with some others is facing trial for commission of offences punishable under Sections 147, 148, 149, 37 and 120B of the Indian Penal Code (in short 'the IPC') under Sections 25 and 27 of Arms Act. and under Section 3/5 of the Explosives Substances Act, 1908 in Sessions Trial No. 681/2003. It is put forth in the petition that they were charge-sheeted for having committed murder of the deceased, namely, Akku @ Akbar Ali and as set forth, the deceased and his brothers have notorious criminal antecedents and the cases of the said persons are being defended by the respondent No. 4.2. According to the writ petitioner with the efforts and initiation Rehman Ali, younger brother of the deceased the respondent No. 4 has been appointed as Special Public Prosecutor in respect of the session trial where the petitioner along with his father, brothers and uncles have been arrayed as accused. The appointment letter issued by the Department of Law and Legisla...
Surya Prasad Shukla Vs. M.P. State Consumer Disputes Redressal Commiss ...
Court: Madhya Pradesh
Decided on: Mar-10-2005
Reported in: AIR2006MP81; 2005(2)MPHT328; 2005(2)MPLJ39
ORDERK.K. Lahoti, J.1. Petitioner has sought following reliefs in this petition :--(1) That, this Hon'ble Court be pleased to quash the impugned order dated 24-1-2005 (Annexure P-6) passed by the first respondent and restore that of the order dated 1-3-2004 (Annexure P-4) by issuance of orders, directions, writs in the nature of certiorari or mandamus or any other writ deems fit in the circumstances of the case.(2) Any other relief deems fit in the circumstances of the case including cost of the proceeding may also be awarded.'2. The petitioner has challenged the order passed by State Consumer Disputes Redressal Commission, Bhopal (hereinafter referred to as 'State Commission') in Appeal No. 710/04 (Annexure P-6). By the aforesaid appeal, the State Commission reversed the order passed by District Consumer Dispute Redressal Forum, Rewa in Case No. 253/03, dated 1-3-2004 (Annexure P-4). The order has been assailed by the petitioner on various grounds enumerated in the writ petition.3. It...
Ram Mohan Sharma Vs. National Fertilizer Ltd. and anr.
Court: Madhya Pradesh
Decided on: Mar-10-2005
Reported in: 2005(2)MPHT333; 2005(2)MPLJ519
ORDERRajendra Menon, J.1. Petitioner has filed this petition being aggrieved by action of the respondents in not issuing appointment order to the petitioner and not permitting him to join duty, even though it is the case of the petitioner that he was found eligible in the selection process for appointment.2. On an advertisement being issued by the respondents for appointment to the post of Technician Apprentice (Laboratory), petitioner participated in the selection process conducted by the respondents in the year 1998 and after due selection was empanelled for appointment. However, after filling of requisite attestation forms and verification forms and completing all the formalities petitioner was not appointed. On enquiry it was indicated to the petitioner that in view of his involvement in a criminal case under Section 376 of IPC, which is pending against him he can not be appointed. Challenging this action petitioner has filed this petition and it is the case of the petitioner that ...
Vyapari Sangh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-10-2005
Reported in: AIR2005MP99; 2005(2)CTLJ72(MP); 2005(2)MPLJ105
ORDERDipak Misra, J.1. The centroidal issue and the Kernel of controversy that arises for adjudication in this case compels one to put a singular and pointed question: Whether a local body can abandon its sense of socio-economic purpose in entirety, abdicate its sacrosanct duty pertaining to commercial gain and pave the path of colourable originality of a xerox machine and act like a hypocrite even in sleep to propagate it has acted in good faith in a transparent manner when it has actually dealt with its largess diminishing all public element and giving it if not for a song but for slightly more than pinch of snuff? I have begun with the aforesaid protasis as the petitioner, a registered association of business of Bakshikhana Market, Sagar invoking the extraordinary Jurisdiction of this Court under Article 226 of the Constitution of India has called in question the propriety and acceptability of the action taken by the Municipal Corporation, Sagar vide resolution dated 25-8-2004 conta...
Sanno Devi Vs. Balram and ors.
Court: Madhya Pradesh
Decided on: Mar-10-2005
Reported in: 2007ACJ1881; 2005(3)MPLJ164
S.S. Jha, J.1. This appeal is filed by the appellant for enhancement of compensation and challenging the order of the Claims Tribunal, whereby amount of compensation has been apportioned.2. Preliminary objection has been raised by respondent No. 3 that this petition is not maintainable because accident has occurred on account of involvement of railway train and truck, therefore, Claims Tribunal has no jurisdiction to decide the dispute.3. Facts of the case are as under:Suresh Chand Pande and Kailash Narayan were working as driver and cleaner in Balram Roadlines Transport Company. On 13.2.1993 Suresh Chand Pande was driving MP 015-DO 0698 from Lalitpur to Indore. Engine of Bina-Kota Passenger dashed against the vehicle on level crossing near village Shadhora on the Bina-Rutheyai section. Accident resulted into death of Suresh Chand Pande and Kailash Narayan suffered injuries. This petition is filed by widow of Suresh Chand Pande. It is specifically pleaded that when the vehicle was cros...
Commissioner of Income Tax Vs. Rajeev Shukla
Court: Madhya Pradesh
Decided on: Mar-09-2005
Reported in: (2007)207CTR(MP)253; [2008]296ITR743(MP)
R.V. Raveendran, C.J.1. This appeal is by the Revenue under Section 260A of the IT Act, 1961 (for short 'the Act'), arising from order dt. 30th June, 2003 of the Tribunal, Indore Bench, in ITA No. 613/Ind/1997 (Asstt. CIT v. Rajeev Shukla) and CO. No. 104/Ind/1997 (Rajeev Shukla v. Asstt. CIT) relating to asst. yr. 1992-93. The appeal has been admitted on the ground that the following three questions raised by the Revenue arise for consideration:(1) Whether the Tribunal was justified in law in holding that the addition of Rs. 63,351 made by the AO on account of unexplained peak difference of investment over income under Section 69 of the IT Act, 1961 (sic)?(2) Whether the Tribunal was justified in deleting the addition of Rs. 1,50,606 made by the AO on account of unexplained investment in purchase of foreign currency, under Section 69 of the IT Act, 1961?(3) Whether the Tribunal was justified in deleting the addition of Rs. 80,000 made by the AO under Section 68 of the IT Act, 1961, in...
Hemraj Nebhomal Sons Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Mar-07-2005
Reported in: (2005)197CTR(MP)329; [2005]278ITR345(MP)
ORDERA.M. Sapre, J.1. The decision rendered in this reference shall also govern the disposal of reference being IT Ref. No. 7 of 2000, as both the references involve identical points.2. This is an income-tax reference made under Section 256(1) of the IT Act at the instance of assesses by the Tribunal (ITAT) in RA No. 135/136/Ind/1997, dt. 13th March, 2000, which in turn arise out of an appellate order dt. 1st Sept., 1997, passed in ITA No. 917/918/Ind/1993 to answer following two questions of law said to arise out of the aforesaid appellate order :'1. Whether the Tribunal erred in law in maintaining disallowance on account of advertisement and sale promotion expenses without appreciating the facts and circumstances of the case and by ignoring the decision of the Supreme Court and jurisdictional High Court relied on by the appellant ?2. Whether, on the facts and in the circumstances of the case, the advertisement and sales promotion expenses incurred by the appellant for the purpose of ...
Ravi Maheshwari Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-07-2005
Reported in: 2005(3)MPHT382
A.K. Awasthy, J. 1. Appellant/accused has filed the appeal against the judgment dated 8-3-2001 in S.T. No. 104/93 passed by learned Sessions Judge, Biaora District Rajgarh of his conviction and sentence under Section 376 of the IPC for the rigorous imprisonment of 10 years and fine of Rs. 1,000/- and in default of payment of fine, further rigorous imprisonment for 6 months.2. The prosecution case is that on 16-3-93 at about 10 PM when Reshambai aged about 7 years was alone in her house, the accused committed the sexual intercourse with her. That the father of the prosecutrix saw the accused committing the rape. The FIR Ex. P-10 was lodged by Madanlal on next day on 17-3-93 at about 3 PM. That the prosecutrix was sent for her medical examination to Civil Hospital Biaora where Dr. Smt. Shashi Gupta (P. W. 3) has found the injury near her Majora and no definite opinion was given by her in her report Ex. P-3 about the commission of the rape. The Station House Officer K.K. Rajak (P.W. 11) r...
Union of India (Uoi) Vs. Bajaj Tempo Limited
Court: Madhya Pradesh
Decided on: Mar-07-2005
Reported in: 2005(187)ELT294(MP)
ORDERA.M. Sapre, J.1. By this application made by Union of India through Commissioner of Central Excise and Customs, Under Section 35H(1) of Central Excise Act, 1944, consequent upon the decision rendered by CEGAT in appeal filed by the respondent being Appeal No. E/2164/99-Mum., which in turn arises out of Order-in-Original No. 15-Comr/C/Ex/Ind/99, dated 19-3-1999 decided by Commissioner of Central Excise. It is the case of applicant i.e. Commissioner, Central Excise that following question of law arises out of the aforesaid appellate order :-'Whether CEGAT can override the statutory Rules and Order allowance of Modvat credit, when utilisation of accumulated Modvat credit on account of one Vehicle for clearance of another Vehicle for which some of the inputs are not common inputs and inputs were clearly distinguishable i.e. which are exclusively used for manufacture of Matador under Chapter Heading 8704.00 and similarly for manufacture of Tempo Travellers under Chapter Heading 8702.00...
Vijaysingh Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Mar-07-2005
Reported in: (2005)199CTR(MP)653; [2005]278ITR467(MP)
Ashok Kumar Tiwari, J.1. This revision has been filed against the judgment and order dated January 12, 1999, passed by the learned First Additional Sessions Judge, Indore (Shri Shreeram Sharma), in Criminal Appeal No. 62 of 1996.2. A prosecution was launched against the applicant along with the co-accused on the ground that they failed to deposit the amount of tax deducted at source within the period prescribed therefor. The learned Additional Chief Judicial Magistrate (Economic Offences), Indore (Dr. Anil Pare), vide his judgment dated March 12, 1996, passed in Criminal Case No. 12 of 1987, held the accused persons guilty under Section 276B read with Section 278B of the Income-tax Act and each of them was sentenced to undergo three months' simple imprisonment with fine of Rs. 2,000 and in default of fine to undergo further imprisonment for one month. The accused persons, then, filed an appeal against the order of conviction and sentence. The learned First Additional Sessions Judge Ind...
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