Madhya Pradesh Court March 2008 Judgments
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J.K. Marbles Vs. State Level Committee and ors.
Court: Madhya Pradesh
Decided on: Mar-19-2008
Reported in: (2009)25VST345(MP)
ORDERRajendra Menon, J.1. Challenging the order passed by the appellate authority refusing to grant exemption in the matter of payment of tax vide, annexure P16 dated September 22, 1995, the petitioner has filed this petition.2. The petitioner claims to be a small-scale industry engaged in cutting and polishing of stones. The industrial unit of the petitioner is situated in the District of Satna and the competent authorities have declared the petitioner's unit to be a small-scale industry and the petitioner has obtained registration in this regard vide annexure P1, from the Industries Department. The petitioner is also holding a registration certificate under the Madhya Pradesh General Sales Tax Act, 1958 and the Central Sales Tax Act, 1956. According to the petitioner, the petitioner started production in the industrial unit with effect from February 13, 1989. Section 12 of the Madhya Pradesh General Sales Tax Act, 1958 empowers the State Government to grant exemption to dealers of go...
Prakashchand Vs. Sureshchand
Court: Madhya Pradesh
Decided on: Mar-18-2008
Reported in: IV(2008)BC394; 2008(3)MPHT66
S.L. Kochar, J.1. Appellant has filed this appeal after grant of leave to file appeal by this Court against the impugned judgment dated 1-2-2000 passed in Criminal Case No. 484/1997 by the learned Judicial Magistrate First Class (Ku. Sunita Balo), Indore whereby acquitting the respondent Sureshchand from the charge under Section 138 of the Negotiable Instrument Act (for short 'the Act').2. The appellant filed the criminal complaint against the respondent alleging that he advanced loan of Rs. 1,00,000/- (One lac) to respondent on 12-10-1996 and respondent promised to repay the same within one month and issued a cheque of rupees one lakh dated 12-11-1996 bearing number 258954. On the same day, respondent also issued a receipt for taking loan amount from the appellant and given a cheque of State Bank of India, Industrial Estate Branch. The respondent issued an account payee cheque, but appellant wanted the money in cash on the same day, therefore, on his request respondent scored out the ...
Satyanarayan and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-18-2008
Reported in: 2008(4)MPHT46
S.K. Kulshrestha, J.1. By this appeal under Section 2 of the Madhya Pradesh Uchch Nyayalaya (Khanda Nyaypeeth Ko Appeal) Adhniyam, 2005, the petitioners assail the legality and the propriety of the order dated 30th of November, 2007 passed by the learned Single Judge in W.P. No. 1688/2007. It is not disputed that land of the petitioners admeasuring 4.19 hectares situated in Village Goyla Khurd, Tehsil and District Ujjain was proposed for acquisition in relation to the scheme of the Housing Board and accordingly the notification under Section 4 was issued on 03-08-2001 and declaration was made on 21-09-2001. Before further steps could be taken to bring acquisition proceeding to their logical conclusion by passing award under Section 11 of the Land Acquisition Act (hereinafter referred to as 'the Act'), the petitioners challenged the acquisition on various grounds and the proceedings were stayed by the Court/competent authority. It was in this connection that a period of 3 years 6 months...
Harkawat and Co. and ors. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-17-2008
Reported in: [2008]302ITR7(MP)
S.C. Vyas, J.1. This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973, for quashment of the prosecution of the present petitioners under sections 276C read with Section 278B of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), in Criminal Case No. 14 of 1996 pending in the court of Chief Judicial Magistrate, Ratlam.2. According to the prosecution case, the present petitioner No. 1 is a partnership firm and petitioners Nos. 2 and 3 are its partners. They were engaged in business of cigarette. They made payment of interest to the manufacturer company in the assessment year 1984-85 but tax was not deducted at source in accordance with the provisions of Section 194A of the Act and was not deposited in the Central Government's account as provided in Rule 30 of the Income-tax Rules, 1962. After getting proper sanction, a criminal complaint against the petitioners was filed for commission of the aforesaid offences before the CJM, Ratlam. 3. It has b...
National Textile Corporation (Mp) Ltd. and anr. Vs. Priya Kumar Sharma
Court: Madhya Pradesh
Decided on: Mar-14-2008
Reported in: [2008(118)FLR514]; (2008)IIILLJ753MP
ORDERS.K. Kulshrestha, J.1. This appeal is directed against the order dated 6/10/2005 of the learned Single Judge, passed in W.P.(S) No. 1356/2005 whereby the learned Single Judge has quashed the order of acceptance of M.V.R.S. (Modified Voluntary Retirement Scheme) dated 31/5/2002 and directed that respondent be reinstated and paid all back wages w.e.f. 7/8/2004. It has further been directed that if he cannot be absorbed / reinstated in the appellant No. 2 - Swadeshi Textile Mill, he be transferred to any other Unit of appellant No. 1 within the State of Madhya Pradesh.2. The facts of the case lie in a narrow compass. The respondent was appointed by order dated 13.11.1982 in the Swadeshi Cotton & Flour Mill, Indore. In view of the deteriorated financial health of the said Company when the Company nearly collapsed, an application was made for permission under Section 25O of the Industrial Disputes Act, 1947 for closing down the industrial establishment - appellant No. 2, which was gran...
Gangaprasad and ors. and Beniprasad Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-14-2008
Reported in: 2008(3)MPHT371
A.K. Gohil, J.1. This judgment shall govern the disposal of Criminal Appeal Nos. 384/1996 and 28/1997.2. Vide judgment dated 18-11-1996 in Sessions Trial No. 1/94 all the appellants of both the appeals were tried and convicted by First Additional Sessions Judge, Camp Sironj, District Vidisha under Sections 302, 149 and sentenced to life imprisonment. Appellant Deewan Singh has also been convicted additionally under Section 148, IPC and sentenced to six months R.I. All the appellants except appellant-Deewan Singh have also been convicted under Section 147, IPC and sentenced to three months R.I. each, against which they have filed these appeals under Section 374, Cr.PC and have challenged their aforesaid conviction and sentence.3. Brief facts of the case arc that one Balak Das Bairagi was resident of Village Rusiya. He was having enmity with the appellants. On 4-8-1993 in the evening the complainant Balak Das came back to his house and after sometime when he was going away, Deewan Singh ...
Raju Vs. Rajender and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2008
Reported in: 2009ACJ2060
N.K. Mody, J.1. Being aggrieved by the award dated 20.4.2007 passed by Fourth Additional M.A.C.T. (Fast Track), Khar-gone, West Nimar in Claim Case No. 26 of 2006, whereby claim petition filed by the appellant was allowed and a sum of Rs. 1,25,200 was awarded on account of injuries sustained by the appellant and 50 per cent of the amount was deducted on account of contributory negligence, the present appeal has been filed.2. Short facts of the case are that the appellant filed a claim petition alleging that on 26.5.2005 at about 1.30 p.m., appellant was going on Khargone-Khandwa Road on his motorbike, at that time appellant met with an accident with a bus bearing registration No. MP 46-E 0277, which was being driven by respondent No. 1 rashly and negligently, owned by respondent No. 2 and insured with respondent No. 3. It was alleged that appellant sustained compound fracture of femur bone in right leg. It was alleged that the appellant was hospitalised for a period of 16 days, where a...
Pramod Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-13-2008
Reported in: 2008(3)MPHT103
A.P. Shrivastava, J.1. Appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure against the judgment of conviction and sentence dated 9th July, 2001 passed by the Special Judge (N.D.P.S.) and the Additional Sessions Judge, Gwalior (M.P.) in Special Case No. 6/2000, by which he has been convicted under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act')1985 and sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs. 1 lac; in default of payment of fine, he shall further undergo imprisonment for two years.2. In brief, the story of the prosecution is that on 4.7.2000, Station House Officer D.S. Kushwah(P.W.8) P.S. Gwalior in the evening at Hazira Chowki got information that three persons on a Yamaha motorcycle bearing Regn. No. U.P.16-A-2932 are going from Jati Ki Line towards Morar and they are carrying opium beneath the seat of the vehicle. The information w...
Shakuntala and ors. Vs. Ghanshyam Dhakad and ors.
Court: Madhya Pradesh
Decided on: Mar-13-2008
Reported in: 2008(2)MPHT449
Subhash Samvatsar, J.1. This appeal is filed by the claimants being aggrieved by the award dated 8th October, 2002 passed by Additional Member Judge, Motor Accidents Claims Tribunal, Sabalgarh, District Morena in Motor Accident Claim Case No. 18/99 whereby a sum of Rs. 1,02,000/- has been awarded towards compensation to the claimants for the death of deceased Netram.2. Brief facts of the case are that deceased Netram was about 24 years of age at the time of the accident as per the findings of the Claims Tribunal. He was a driver of a tractor owned by Gangaram. On 30-4-1999 at about 3.00 in the noon, he was sleeping in a shadow beneath the tractor-trolley bearing registration No. MP 06/1462 which was loaded with sugarcane. Respondent No. 1 Ghanshyam Dhakad, driver of the tractor started the tractor on reverse side due to which head of the deceased came under the rear wheel of the trolley and the deceased died due to the said injury.3. Widow, sons and parents of the deceased filed an app...
Shri Karan Lal Kesharwani Vs. the Sardar House and ors.
Court: Madhya Pradesh
Decided on: Mar-13-2008
Reported in: 2008(3)MPHT168
ORDERA.K. Shrivastava, J.1. This revision application has been directed by the applicant/landlord against the impugned order dated 7-8-2002 passed by learned Rent Controlling Authority, Jabalpur, dismissing his application for eviction filed under Section 23-A (b) of Chapter III-A of the M.P. Accommodation Control Act, 1961 (in short 'the Act').2. The applicant demonstrating himself to be the landlord of the suit shop as envisaged under Section 23-J (iv) of the Act in which the respondents/tenants at the rate of Rs. 100/- per month are carrying on the business of electrical goods. According to the landlord, the tenant is in occupation of the suit shop at the time when it was purchased by the applicant on 3-7-1978 and the tenancy is oral.3. According to the landlord, the suit shop is required bonajidely by him for doing the business of steel and crockery and at present he is carrying his business in a rented shop in Sardar Bazar and is paying rent to the Cantonment Board, Jabalpur. The ...
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