Madhya Pradesh Court October 2008 Judgments
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State of Madhya Pradesh and ors. Vs. Ghanshyam Swaroop Sharma
Court: Madhya Pradesh
Decided on: Oct-24-2008
Reported in: 2009(1)MPHT173
R.K. Gupta, J.1. In the present intra-Court appeal filed by the appellants-State under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, the order dated 21-3-2007 passed by the learned Single Judge in Writ Petition No. 5998/2005 (Ghanshyam Swaroop Sharma v. State of M.P. and Ors.) has been called in question.2. It is worth mentioning that aforesaid writ petition was filed by said Ghanshyam Swaroop Sharma (respondent herein), who got superannuated from the services of the State Government on the post of Deputy Superintendent of Police w.e.f. 1-7-2002. As put forth before the learned Single Judge, according to the writ petitioner, on 18-9-2001 one annual increment was added to his basic pay and his salary was increased from Rs. 9375/- to Rs. 9650/- vide Annexure P-2 to the writ petition and the gross salary along with the basic salary of Rs. 9650/- was fixed. The writ petitioner was drawing Rs. 14,467/- at the time of his retirement. A dispute...
Commissioner of Sales Tax Vs. Central India Soya Products Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Oct-24-2008
Reported in: 2008(5)MPHT413
ORDERR.K. Gupta, J.1. This is the reference made by the Board of Revenue under Section 44 of the M.P. General Sales Tax Act, 1958. The following terms of the reference are as under:Whether under the facts and circumstances of the case, the Tribunal was justified in holding that the resale of raw material purchased against declaration under Notification No. A-3-41-81 (25)-V-ST, dated 1-5-1982 to another unit otherwise be eligible for purchase of material under the same notification is not liable to tax or penalty under Section 14-A of the Act or Section 8 of the Entry Tax Act.2. Before appreciating the terms of the reference it would be appropriate to ascertain the facts. The respondent/assessee was dealer and is a private company who is manufacturing soya oil and extracts. The dispute relates to the period from 1-7-1983 to 30th June, 1984. The assessee/dealer was granted exemption from payment of Sales Tax and Entry Tax on raw material to the extent of Rs. 1,13,84,643/-. During this pe...
imratsingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-24-2008
Reported in: 2009(1)MPHT86
U.C. Maheshwari, J.1. This appeal is directed under Section 374 of Cr.PC by the appellants/accused being aggrieved by the judgment dated 30-3-1995 passed by Sessions Judge, Datia in S.T. No. 96/94 convicting to each of them under Sections 148 and 302 read with Section 149 of IPC with a direction to undergo for two years' RI in the earlier Section while life imprisonment with fine of Rs. 25,000/-, in default of it further three years' RI in later section.2. The prosecution case in short is that on 25-5-1994 at about 2 o'clock in the noon one kilometer away from the Village of Kotra near Sindh River at some place namely Barar Ki Khoda the appellants were beating to the deceased Gajraj Singh by means of sticks. On hearing noise of such beating the complainant Lakhan Singh and Ramsingh passing through the near way came there and asked why he is being beaten by them then the appellants ran to beat them, on which they ran away from such place to save their lives. Thereafter again beating of ...
State of M.P. Vs. Shri Bhanu Pratap Singh
Court: Madhya Pradesh
Decided on: Oct-23-2008
Reported in: 2009(1)MPHT33
ORDERSanjay Yadav, J.1. Challenge in this writ petition is to an order dated 16-6-2006 passed by First Additional Sessions Judge, Rewa in Criminal Revision No. 157/2008; whereby, the Revisional Court while affirming the order passed by the Appellate Authority under Section 52-A of the Forest Act, 1927, has directed the release of the truck which seized being involved in the forest offence.2. The facts in nutshell are that the vehicle (truck) bearing No. UP 42/T 2007 on 27-10-2006 was seized at Haddi Hill at Ghateha Beat when the same was found loading metallic stone (gitti) in Compartment No. P-275 of Forest Compartment Barha Koodi, 40 meter inside State of U.P. Border. Forest offence under POR No. 10784/15 was registered and the said vehicle was seized along with implements like jhoomar, spades, hammer etc. used for breaking stones. The Authorised Officer/Sub-Divisional Officer, Rewa, after following the procedure under Section 52 of the Act of 1927, i.e., sending intimation to the Ch...
Prabhudayal (Dead) Through His L.Rs. Vs. Smt. Ramsiya and anr.
Court: Madhya Pradesh
Decided on: Oct-23-2008
Reported in: AIR2009MP52; 2009(1)MPHT139
A.K. Shrivastava, J.1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred by defendant No. 1 assailing the judgment and decree dated 14th December, 2001 passed by learned 1st Additional District Judge, Raisen, in Civil Suit No. 17-A/2000 partly decreeing the suit of plaintiff/respondent No. 1.2. The facts leading to this first appeal are narrated in detail in Paras 2 to 10 of the judgment passed by this Court on 10-4-2007 when this first appeal was decided and allowed in part in terms of Para 25 of the judgment. Thereafter, appellants who are the L.Rs. of defendant No. 1 as well as plaintiff/respondent No. 1 filed review applications which were registered as M.C.C. No. 1393/2007 and M.C.C. No. 1339/2007 respectively. Review application M.C.C. No. 1393/2007 which was filed by legal representatives of defendant No. 1 was in regard to certain typographical errors and accordingly the said review application (M.C.C. No. 1393/2007) was allowed on 8-1-2...
Ramkrishna Pandey Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-23-2008
Reported in: 2009(2)MPHT164
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 22-1-1996 passed by learned V Additional Sessions Judge and Special Judge, Jabalpur in Special Case No. 06/95 convicting appellant under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (in short 'the Act') and sentencing him to suffer RI of one year and fine Rs. 15000/-for the offence under Section 7 of the Act and further sentencing him to suffer RI for two years and fine Rs. 20,000/-, in total three years RI and fine Rs. 35,000/-, in default, one year RI under each section, the appellant has knocked the door of this Court by preferring this appeal under Section 374(2) of Code of Criminal Procedure, 1973.2. In brief, the case of prosecution is that appellant at the relevant point of time was serving on the post of Dy. General Manager and Dy. Chief Engineer (Civil) in Northern Coal Fields Limited, Jayant Project, Singrouli District Sidhi. During the year...
Rock Hard Petrochemical Industries Ltd. Vs. Assistant Commissioner of ...
Court: Madhya Pradesh
Decided on: Oct-21-2008
Reported in: (2010)27VST555(MP)
ORDERShantanu Kemkar, J.1. By this petition filed under Articles 226 and 227 of the Constitution of India the petitioner has challenged the common order dated November 3, 2003 passed by the second respondent, Additional Commissioner, Commercial Tax, Indore in Revision No. 26 of 2003 and in Revision No. 30F/03/ET.2. Briefly stated, the petitioner is engaged in the business of manufacturing and sale of formaldehyde, hexamine and other fine chemicals. It is duly registered dealer under the provisions of the Madhya Pradesh Commercial Tax Act, Central Sales Tax Act, 1956 and deemed to be a registered dealer for entry tax.3. During the course of the assessment proceedings for the period April 1, 1999 and March 31, 2000 the first respondent, assessing authority, alleged that the petitioner had effected inter-State purchase of high speed diesel from the depots of Indian Oil Corporation situated outside the State of M.P. and had effected the sale of it within the State of M.P. without recording...
Kalpana Shrivastava and ors. Vs. Pawan Kumar Sharma and ors.
Court: Madhya Pradesh
Decided on: Oct-20-2008
Reported in: 2009ACJ2188
S. Samvatsar, J. 1. This appeal is preferred by the claimants being aggrieved by the award dated 12.3.2001 passed by the Member Judge, Motor Accidents Claims Tribunal, Guna in Claim Case No. 76 of 1997, whereby the Claims Tribunal has awarded a sum of Rs. 2,00,000 in lump sum to the claimants for the death of the deceased Santosh Kumar Shrivastava, who died on 18.4.1996 in the motor accident.2. The facts in a nutshell are that on 18.4.1996 the deceased Santosh Kumar Shrivastava along with his family members was going in a jeep bearing registration No. MP 08-A 8664 to a temple at Beenaganj for worship near village Gader on A.B. Road. The said jeep turned turtle due to negligence of the driver, in which Santosh Kumar Shrivastava sustained injuries and died. After his death, the claimants, who are the widow, son and daughter, filed an application for compensation before the Claims Tribunal. The Claims Tribunal held that the deceased was 33 years of age and was earning Rs. 1,400 per month ...
Heeralal S/O Moolchand Kachhi and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-17-2008
Reported in: 2009CriLJ1520
S.L. Kochar, J.1. Both the aforesaid two appeals one (Cri. A. No. 1244/98) preferred through Jail and another (Cri. Appeal No. 1425/1998) filed through private Advocate under Section 374 of the Code of Criminal Procedure, therefore, they are being decided and disposed of by this common judgment.2. By these appeals, the appellants have challenged their conviction under Section 302 of the Indian Penal Code and consequently sentence of imprisonment for life and fine of Rs. 500/-, in default of payment of fine, to suffer additional R.I. for one month each passed by the learned Additional Sessions Judge, Narsinghgarh District Rajgarh Biaora on 5-10-1987 in Sessions Trial No. 157/97.3. According to the prosecution case, four years back from the date of incident, P.W. 7 Radhabai was married with one Poonam resident of village Gadiya. As she was abandoned by her husband, she started living with her parents. Seven to eight months prior to the date of incident i.e. 3-7-1997 she was kept as wife ...
Nazar Mohammad Vs. M.P. State Road Transport Corporation and ors.
Court: Madhya Pradesh
Decided on: Oct-16-2008
Reported in: [2008(119)FLR1156]; (2009)IILLJ235MP
S.C. Sharma, J.1. The petitioner before this Court who is retired from the services of Madhya Pradesh State Road Transport Corporation has filed this present petition claiming pension.2. The contention of the petitioner is that he was appointed in the year 1963 as a Carpenter in Gwalior Engineering Works, Gwalior which was later on merged with the Madhya Pradesh State Road Transport Corporation in the year 1970. The petitioner has stated that thereafter he was continued as a Carpenter grade-I till his retirement i.e. till June 10,2000. The petitioner has categorically stated in the writ petition that deduction of provident fund contribution from the salary were made every month in his service Career and he was allotted the account No. MP/225/7845. The grievance of the petitioner is that under the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952, a pension scheme has been framed known as Employees Family Pension Scheme, 1971 and thereafter another pension sc...
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