Court : Madhya Pradesh
Reported in : 2005(4)MPLJ606; [2006]147STC396(MP)
ORDERS.K. Seth, J.1. Present writ petition is directed against the assessment order dated June 11, 2002 passed by the Additional Commercial Tax Officer, Circle No. 14, Indore and the revisional order dated October 23, 2003 passed by the Divisional Deputy Commissioner of Commercial Tax, Indore division No. 1.2. Facts relevant for the decision of present petition, lie in a narrow compass. Petitioner is a registered partnership firm carrying on business of works contract. Petitioner-firm is a registered dealer. Petitioner purchased Escorts JCB 3D Excavator Loader from outside the State of Madhya Pradesh and brought it within the local area (Indore) for use. The assessing officer by order impugned (annexure A) assessed and levied entry tax under Section 3-A of the M. P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (hereinafter referred to as ''the Act' for convenience). In addition to tax, the assessing officer had also imposed penalty in the shape of interest. Petitioner cha...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT167
Rakesh Saksena, J.1. Appellants have preferred these two appeals against the udgment of conviction dated 7-5-1990 passed by the Special Judge, Jabalpur, in Special Case No. 4 of 1981. Since both the appeals arise out of a common judgment, this judgment shall govern the disposal of both the appeals.2. Appellant Shantaram Somwanshi has been convicted under Section 5(1)(d) read with Section 5(2) and Section 5(1)(a) read with Section 5(2) of the Prevention of Corruption Act, 1947 and Sections 161 and 120B of IPC and sentenced to R.I. for one year with fine of Rs. 50/- on each count. In default of payment of fine one month's further R.I. for one month on each count. Appellant No. 2, Maniklal has also been convicted under Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act and Section 120B, 161 and 165 of IPC and has been sentenced to R.I. for one year with fine of Rs. 50/- on each count. In default of payment of fine R.I. for one month on each count. All the sentences hav...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2006)ACC560; 2006ACJ1189
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 17.5.2001 passed by the M.A.C.T., District Mandsaur in Claim Case No. 18 of 2001 whereby a sum of Rs. 75,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.2. Learned Counsel for the appellants submit that appellant No. 1 has lost his wife on account of accident who was aged 21 years at the time of accident. It is submitted that learned Tribunal has awarded a sum of Rs. 75,000 without applying the multiplier. It is also submitted that amount awarded is on lower side. Deceased was a helping hand to perform agricultural work. She was also doing stitching work and performing household duties. It is submitted that her income was Rs. 2,000 per month. After deducting the personal expenses and after applying the multiplier of 17 as per Second Schedule of Section 163A of the Motor Vehicles Act the amount of loss of dependency ought to have been c...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT180
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, an elected Councillor of the Municipal Council, Hoshangabad, has called in question the defensibility of the order passed by the State of Madhya Pradesh contained in Annexure P-14, dated 8-8-2005 whereby the Competent Authority of the State Government has affirmed the order dated 31-1-2005 contained in Annexure P-ll passed by the Collector, Hoshangabad removing the petitioner from the office of the Councillor in exercise of power vested in him under Section 41 of the M.P. Municipalities Act, 1961 (for brevity 'the Act').2. The facts which are necessitous to be narrated are that the petitioner was elected to the post of Municipal Councillor in the year 1999 for a period of five years. He was served with a notice to show cause by the Collector, Hoshangabad vide Annexure P-8 requiring him to proffer an explanation why he should not be remove...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT361; 2006(1)MPLJ106
ORDERA.K. Saxena, J.1. This application has been filed on behalf of three applicants under Section 439 of Cr.PC for grant of bail in connection with Crime No. 346/04 registered at Police Station, Kohefiza, Bhopal for the offences under Sections 330, 304 Part-II and 323 read with Section 34 of IPC. The Sessions Trial No. 212/05 is pending in the Court of Sessions Judge, Bhopal.2. The Sessions Judge, Bhopal rejected the bail application filed under Section 439 of Cr.PC of all these applicants vide order dated 3-8-2005 passed in Sessions Trial No. 212/05 on these grounds that the earlier application of these applicants was rejected and at that time, it observed that probably, the applicants caused serious injuries to R.K. Jain as they were on duty at that place where R.K. Jain was kept in custody. There is no material change in the circumstances since the earlier application was rejected, therefore, the applicants are not entitled to be released on bail.3. The bail application of K.S. Sol...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2006)ACC531
S.S. Jha, J.1. This appeal is by the claimants. Claimants have challenged the order passed by the VII Additional Motor Accident Claims Tribunai, Gwalior whereby their claim petition has been dismissed on the ground that claimants have not impleaded the owner and driver of the offending vehicle as party in the claim petition.2. Counsel for Insurance Company submitted that claim petition is rightly dismissed.3. From the evidence on record of eye-witness A W-4 Ranveer Singh it is apparent that deceased was travelling in jeep No. M.P. 07-8751. The said jeep was driven by Shailendra. Jeep collided with an unknown truck on the centre of road at about 2.30 in the morning. Both the truck and jeep were driven in a rash and negligent manner. Report was lodged at the police station. Trial Court placed reliance upon the F.I.R. in which AW 4 Ranveer Singh has mentioned that accident occurred on account of negligence of the truck driver and held that owner and driver of the said truck were necessary...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP75; 2006(1)CTLJ189(MP)
ORDERS.L. Kochar, J.1. The petitioner, a registered society under the Societies Registrikaran Adhiniyam 1972, running a school in the name and style of Jagriti Bal Mandir Society, has filed this petition for quashing the order Annexure P/3, issued by Respondent No. 2, the Chief Executive Officer, Indore Development Authority (IDA) dated 9-6-2000 whereby the tender application Annexure P/2 filed by the petitioner for allotment of plot for the use of Educational purposes in Scheme No. 74-C, Sector-D, admeasuring 23,432 sq. mtr. in pursuance of publication annexure P/l inviting tenders by Respondent No. 2 for allotment of plots on the basis of fixed price was rejected. The petitioner has also sought relief for quashment of notice inviting tenders dated 10-6-2000 (annexure P/4) this notice was issued after cancellation of notice inviting tenders for allotment of plots (annexure P/l) dated 28-7-1999.2. The short resumes of the facts necessary for disposal of this petition are that the petit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP13
ORDERL. Kochar, J.1. Petitioner has filed this petition under Article 226/227 of the Constitution of India challenging the order Annexure-F dated 19-4-1988 passed by Sub Divisional Officer, Bagli District Dewas in Debt Relief Case No. 85/86 whereby ordered for delivery of possession of the disputed house which was mortgaged by Pyara & Devaji, the husband of respondent No. 1 and father of respondent Nos. 2, 3 and 4 with Maduji, the great grand father of the petitioner Sumitrabai.2. The. factual matrix giving rise to this petition in short is that on 6-10-1959, respondent No. 3 late Deva and his brother Pyara, resident of village Hatpiplya, Sajjanganj Ward No. 4 Nagar Palika, Tehsil Bagli, District Dewas mortgaged their house in rupees two thousand with great, grand father of the petitioner named Moduji. A written, agreement was arrived between the parties to this effect which is Annexure-A, According to this agreement, late respondents Pyare and Devaji could live in the said house as te...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2007)ACC467
ORDERA.M. Sapre, J.1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 29.11.2002, passed by learned Member, Motor Accident Claims Tribunal, Shajapur in Claims Case No. 141 of 2002. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,16,307 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant i.e., appellant herein, the compensation awarded is on a lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so, to what extent?2. Heard Mr. Section Patwa, learned Counsel for the appellant and Mr. S.V. Dandwate, learned Counsel for respondent No. 3-Insurance Co...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPHT48
ORDERDipak Misra, J.1. Professional Examination Board, Bhopal, the respondent No. 2 herein, published an advertisement for selection for Pre-Medical Test, 2004 for State Health Services in the newspaper daily, namely Dainik Bhaskar as per Annexure P-3. In pursuance of the aforesaid advertisement, the petitioner submitted his application with requisite fees and was eligible to participate in the examination. He was issued admit card. As set forth, he appeared in the written examination and his results were declared indicating that he has secured 176.15 marks out of total marks of 200. The counselling took place on 28-7-2004 for the unreserved seats. As per the programme of counselling, the petitioner went to Bhopal with essential documents, which included certificate of domicile in the State (District Satna). The said certificate was issued by the Tehsildar, Nagod, District Satna as per Annexure P-5. The certificate clearly showed that the petitioner's birth place was District Satna and...
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