Madhya Pradesh Court December 2006 Judgments
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Tip Top General Agencies Pvt. Ltd. and anr. Vs. Commercial Tax Officer ...
Court: Madhya Pradesh
Decided on: Dec-07-2006
Reported in: (2008)14VST153(MP)
ORDERAbhay M. Naik, J.1. Petitioner No. 1 is a private limited company, carrying on the business with petitioner No. 2 who is one of its directors. It is engaged in the business of work of repairing the tyres, conveyor belt, etc. It applied for registration earlier under the provisions of the Madhya Pradesh General Sales Tax Act, 1958. This application was rejected on September 1, 1989 vide annexures PI and P2 under the M. P. General Sales Tax Act, 1958 as well as the Central Sales Tax Act, 1956 on the ground that petitioner No. 1 is engaged merely in the work of repairs and does not fall within the definition of a 'dealer'. This would reveal in annexures P1 and P2. Thereafter, the petitioner No. 1 again applied for registration after enforcement of the Madhya Pradesh Commercial Tax Act, 1994. It was again rejected under the provisions of the M. P. Commercial Tax Act as well as the Central Sales Tax Act on February 22, 1996 and February 20, 1996 vide annexures P3 and P4 respectively on...
S.K. Sharma Vs. the General Manager, Railway
Court: Madhya Pradesh
Decided on: Dec-07-2006
Reported in: 2007(2)MPLJ117
Arun Mishra, J.1. This appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 aggrieved by an award dated 6-1-1999 passed by Member (T) Railway Claims Tribunal/Mumbai at Bhopal in Case No. 626/97.2. An application was filed under Section 125 of the Railways Act, 1989 (hereinafter referred to as 'the Act') by appellant; S.K. Sharma claiming compensation of Rs. 1,40,000/- for the injuries caused to him on 24-7-1997 while travelling by Kashi Express between Guramkhedi and Sohagpur Railway Stations in a stopped train because of engine failure and waiting for arrival of another engine, it is submitted that he took permission from conductor and sat in the ordinary bogie, engine came from behind and hit the bogie, in which he was sitting, he was lying down, he sustained injuries.3. Railway in their reply denied the averments contending that the ticket filed by the applicant was that of passenger train, applicant could not have travelled in Kashi Express. Name of a...
Smt. Sandhya Sisodiya Vs. Syndicate Bank and ors.
Court: Madhya Pradesh
Decided on: Dec-06-2006
Reported in: AIR2007MP228
ORDERS. Samvatsar, J.1. This petition is filed by the petitioner under Article 227 of the Constitution of India challenging the order dated 22-7-2004 passed by III Additional District Judge. Gwalior in Case No. 93/94 x 2000 (Execution) whereby objections raised by the present petitioner dated 9-10-2001 are rejected.2. Brief facts of the case are that respondent No. 1 Syndicate Bank filed a suit against one Krishna Raj Singh and respondents 2 and 3 for recovery of the amount advanced by respondent No. 1 to Respondents 2 and 3 and said Krishna Raj Singh. The suit was filed for recovery of Rs. 1,57,049.44 paise and was decreed vide judgment dated 24-7-1996 Annexure P/2 by the Court of III Additional District Judge, Gwalior in Civil Suit No. 93B/94.3. During the pendency of the suit, Krishna Raj Singh, the husband of the present petitioner died and name of the present petitioner was brought on record as legal representative of deceased Krishna Raj Singh. Ultimately, the suit was decreed on...
National Insurance Co. Ltd. Vs. Jagdish Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-06-2006
Reported in: 2008ACJ246
Rajendra Menon, J.1. This is an appeal of the insurance company assailing the award dated 7.2.2005 passed in the Claim Case No. 13 of 2004 by Motor Accidents Claims Tribunal, Morena awarding compensation of Rs. 3,64,015 to the claimants-respondent Nos. 1 to 5.2. The claimants-respondent Nos. 1 to 5 are the parents and brothers of the deceased Murarilal who was a driver of the truck bearing No. MP 07-G 0630 earning Rs. 3,000 per month and died in an accident which took place on 22.2.2002 at 4.15 a.m. when a truck bearing No. UP 80-G 9651 owned by the respondent No. 6 and insured with the appellant driven in a rash and negligent manner dashed against the truck No. MP 07-G 0630 at Atlas Tiraha, Morena as a result Murarilal died on spot.3. Inter alia, claiming compensation claim petition was filed. In the claim petition insurance company took a defence that the truck No. UP 80-G 9651 was being driven by Narendra and as Narendra did not have a valid driving licence, therefore, insurance com...
Municipal Corporation Vs. Lurindamal
Court: Madhya Pradesh
Decided on: Dec-06-2006
Reported in: 2007(2)MPHT303
Abhay Gohil, J.1. This is a reference made by learned single Judge of this Court to the Division Bench in view of the conflicting judgment in the cases of Kishanlal v. Municipal Corporation, Jabalpur 1980 (2) MPWN 167; Municipal Council, Balaghat v. Phoolabai 1994 (2) FAC 3 and Municipal Council, Balaghat v. Bhaduram 1996 (1) FAC 318, under the Prevention of Food Adulteration Act, 1954 (in short the 'Act of 1954') and matter has been placed before the Division Bench to answer the reference.2. The background of the facts in which this reference has been made is that the Municipal Corporation, Gwalior filed a complaint under Sections. 7(1) and 16(1) of Prevention of Food Adulteration Act, 1954 against the respondent for selling the adulterated food. The complaint was registered as Criminal Case No. 4815/84 by the Chief Judicial Magistrate, Gwalior. After recording the evidence before charge the case was fixed for arguments on the question of framing of charge. At this stage, respondent r...
Shri Dhakad Samaj Dharamshala Bhawan Trust Vs. Cit
Court: Madhya Pradesh
Decided on: Dec-05-2006
Reported in: [2008]302ITR321(MP)
ORDERS.K. Kulshrestha, J.1. This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as, 'the Act') has been filed to assail the order dated 24-11-2003, passed by the Tribunal, Indore Bench, Indore, by which the claim of the appellant-trust for registration under Section 11 as declined by the Commissioner has been affirmed in appeal before the Tribunal.2. This appeal has been admitted by this Court by order dated 23-11-2004 onthe following substantial question of law:Whether the Tribunal was justified in holding that the appellant trust is not entitled to claim the registration under Section 12A of the Income Tax Act, thereby not entering into claim for exemption available under Section 11 of the Act ?3. The appellant claiming to be a trust on the basis of the trust deed (Annex.P/l) , applied on 11-9-2002 to the Commissioner Ujjain, in Form No. 10-A for registration under Section 12A of the Act along with a copy of the registered trust deed and audited accoun...
M.M. Siddiqui and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2006
Reported in: [2007(113)FLR425]
Shantanu Kemkar, J.1. Shri V.S. Trivedi, learned Counsel for the petitioner. Shri Alok Pathak, learned Government Advocate for the respondent No. 1.Shri L.K. Urmaliya, learned Counsel for the respondent No. 2. Shri Harshit Patel, learned Counsel for the respondent No. 3. With consent heard finally.2. The petitioners claim that they were working in the M.P.R.T.C. On attaining the age of superannuation they were retired on 28.2.2006 vide Annexure P/2 and on 15.4.2006 vide Annexure P/3 on account of Voluntary Retirement Scheme.3. They contend that their E.P.F. amount has not been paid to them as yet. They submit that the petition be disposed of directing the respondents to consider and decide their claim in regard to EPF.4. Learned Counsel for the respondents have not objected to this prayer made by the learned Counsel for the petitioners.5. Accordingly, the petition is disposed of directing the respondents to consider the petitioners' claim in regard to RPF. In case any amount is found t...
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