Madhya Pradesh Court March 2008 Judgments
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Hafiz Zakir HussaIn Vs. Akola Janta Commercial Co-operative Bank Ltd.
Court: Madhya Pradesh
Decided on: Mar-10-2008
Reported in: AIR2008MP193
Dipak Misra, J.1. In this appeal preferred under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the substantiality and justifiability of the order dated 17 10 2007 passed by the learned Single Judge in W.P. No, 8499/07 is called In question by the appellant.2. The facts which are essential to be stated for adjudication of this appeal are that the appellant and his brother are the owners of plot No. 23/2. admeasuring an area of 2621 sq. ft. situated at Block No. 31. On 18-6-2007 a show cause notice vide Annexure-P/2 was issued to the petitioner under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity 'the 2002 Act') for recovery of advance loan. The appellant-petitioner submitted his reply to the said notice issued by the respondent The Akola Janta Commercial Cooperative Bank Ltd. The Bank as per Annexure-P/3 issued a notice for auction of the property of the pe...
Mohan Pachari Vs. Jagdish Chandra Dubey
Court: Madhya Pradesh
Decided on: Mar-10-2008
Reported in: AIR2008MP208
ORDERRajendra Menon, J.1. Challenging the concurrent orders passed by the trial Court and the appellate Court in rejecting the application filed by the petitioner under Order 9 Rule 13 of the Code of Civil Procedure, and refusing to set aside the ex parte judgment and decree of eviction passed against the petitioner, this petition is filed under Article 227 of the Constitution.2. The suit in question was filed by the respondent for eviction of the petitioner on the ground of arrears of rent and various other grounds. Issues were framed and after recording of evidence of the plaintiff when the ease was fixed for evidence of the defendant i.e. the present petitioner, on 2-4-2005, the petitioner remained absent and, therefore, ex parte proceedings were drawn and an ex parte judgment and decree was passed on 13-5-2006. An application was filed before the trial Court on 15-7-2005, challenging the ex parte judgment and decree. The application has been rejected by the trial Court and the appe...
Larsen and Toubro Ltd. Vs. Commissioner, Commercial Tax and ors.
Court: Madhya Pradesh
Decided on: Mar-10-2008
Reported in: (2008)17VST353(MP)
ORDERDipak Misra, J.1. The petitioner, a registered company under the Indian Companies Act, 1956 carries on its business activities in the State of Madhya Pradesh which include cement manufacturing, trading, execution of turnkey project, etc. The company is a registered dealer under both the local and the Central Sales Tax Acts. The petitioner was assessed for the year 1992-93 under the Madhya Pradesh Commercial Tax Act, 1994 (for brevity 'the 1994 Act') and the assessment order was passed on March 30, 1996 determining the tax liability at Rs. 6,15,38,551. The said liability was fastened on the assessee partly due to disallowance of labour charges and disallowance of claim on inter-State sale. A rectification order came to be passed on May 25, 1996 and the demand was reduced to Rs. 5,64,68,015. The rectification was carried out as certain factual error had occurred. Against the aforesaid order an appeal No. 387/97 was preferred before the Deputy Commissioner, Commercial Tax, Bhopal whi...
Goel Coal Co. Through Partner Motilal Goel S/O Shri Rameshwar Goel Vs. ...
Court: Madhya Pradesh
Decided on: Mar-07-2008
Reported in: (2008)18VST28(MP)
ORDERShantanu Kemkar, J. 1. By this petition under Articles 226 & 227 of the Constitution of India the petitioner has challenged the order dated 20.12.2002 (Annexure P/2) passed by the Assistant Commissioner (I) Commercial Tax, Satna and also the order dated 23.9.2003 (Annexure P/4) passed by the Additional Commissioner of Commercial Tax, Jabalpur in Revision No. 83/R/2003. 2. The petitioner claims to be a partnership firm and a registered dealer engaged in the business of purchase and sale of coal. 3. The Assistant Commissioner initiated proceedings of reassessment against the petitioner under Section 14 of the Entry Tax Act, 1976 (for short `Act). In the said proceedings it was held that during the period of 1.4.1995 to 31.3.1996 the petitioner purchased the goods from M/s Rewa Fuels Pvt. Ltd, Rewa and M/s Pawan Wires Pvt. Ltd., Panna and did not pay the entry tax on the purchases made by it while effecting the entry of the aforesaid goods. Accordingly, the petitioner was held liable...
Smt. Sarita Soni and ors. Vs. Tata Service Centre, Industrial Area Thr ...
Court: Madhya Pradesh
Decided on: Mar-07-2008
Reported in: 2008(2)MPHT463
A.M. Sapre, J.1. The decision rendered in this appeal shall also govern disposal of other appeal being M.A. No. 3255/06 because firstly, both these appeals arise out of same award and secondly both arc in the nature of cross appeals.2. This is an appeal filed by claimants under Section 30 of the Workmen's Compensation Act (for short called 'the Act') against an award dated 8-8-2006 passed by Commissioner, Workman Compensation (Labour Court), Mandsaur in Claim Case No. 6/WC/Fatal/2004. By impugned award, the Commissioner, Workman Compensation has partly allowed the claim petition of claimants filed under Sections 3, 4 and 10 of the Act claiming compensation for the death of one Anil Soni and awarded a total compensation of Rs. 1,97,060/- to the claimants. It is against this award both, Le., claimants and non-applicants have felt aggrieved and have accordingly filed the 2 appeals. So far as M.A. No. 3349/06 is concerned, it is filed by claimants claiming enhancement in the compensation a...
Ashok Kumar JaIn and Rakesh Kumar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-07-2008
Reported in: 2008(3)MPHT176
R.C. Mishra, J.1. These appeals are interlinked as preferred against the judgment dated 12-11-1990 passed by the IInd Additional Sessions Judge, Tikamgarh in S.T. No. 125/1988, whereby each one of the appellants stands convicted under Sections 330 and 201 read with Section 34 of the IPC and sentenced to undergo R.I. for 5 years and 1 year respectively with the direction that the sentences shall run concurrently.2. The appellants namely Ashok Kumar and Rakesh Kumar (hereinafter referred to as 'al' to 'A2' respectively) and one Purushottam Das were jointly tried on the charge of murder of Sardar Singh (for short 'Sardar'). In addition, A1 and A2 were charged with the offence under Section 201 read with Section 34 of the IPC. All the three accused were acquitted of the charge under Section 302 read with Section 34 of the IPC and, in absence of any appeal by the State, the order of their acquittal has attained finality.3. The prosecution story, in short, may be narrated as under:(i) At the...
N.K. Saxena and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Mar-05-2008
Reported in: 2008(2)MPHT365
ORDERA.K. Patnaik, C.J.1. The petitioner No. 1 is a practicing Advocate and practices mainly in co-operative matters. He is also the Vice President of the Bar Association of M.P. State Co-operative Tribunal. The petitioner No. 2 is active in the co-operative movement in the State of Madhya Pradesh. The petitioners have filed this writ petition as a Public Interest Litigation challenging the appointment of respondent No. 2 as Chairman of the M.P. State Co-operative Tribunal (for short 'the Tribunal') and have prayed for a writ of quo warranto for removal of the respondent No. 2 from the post of Chairman of the Tribunal. The ground for challenge to the appointment of the respondent No. 2 as Chairman of the Tribunal is that under Section 77 (3) (a) of the M.P. Co-operative Societies Act, 1960 (for short 'the Co-operative Act'), a person who has been a Judge of the High Court or has held the office of District Judge for not less than five years is qualified to be appointed as Chairman of t...
Colorway Photo Lab Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-05-2008
Reported in: 2009[15]STR17; [2009]22STT123; (2009)25VST97(MP)
R.S. Garg, J.1. By this petition filed under Article 226 of the Constitution of India the petitioners are seeking the following reliefs:(a) That, this Hon'ble Court may be pleased to declare Section 67 in its present form vis-a-vis the petitioner's activity of service, ultra vires the Constitution, void and inoperative.(b) That, this Hon'ble Court may be pleased to declare circular dated 9-7-2001 as ultra vires the Constitution and law and further declare the same as void and inoperative.(c) That, this Hon'ble Court may be pleased to declare by an appropriate writ that the petitioner's service activity does not attract the provision of service tax and accordingly forbear the respondents from subjecting the petitioner's activity to levy, assessment and collection of service tax.(d) That, without prejudice to the aforesaid, this Hon'ble Court may be pleased to declare that the value of the goods (raw-materials) comprised of any service such as photography paper and chemicals etc. is not ...
ispat Khadan Janta Mazdoor Union Vs. Steel Authority of India Ltd.
Court: Madhya Pradesh
Decided on: Mar-04-2008
Reported in: 2008(2)MPHT376
ORDERA.K. Patnaik, C.J.1. This is an appeal filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khandpceth Ko Appeal) Adhiniyam, 2005 (for short 'the Adhiniyam') against the order dated 12-12-2007 passed by learned Single Judge in Writ Petition No. 15842/2007 (S). The relevant facts briefly are that a reference was made under Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short 'the Act') by the Central Government to Central Government Industrial Tribunal-cum-Labour Court, Jabalpur (for short 'the Tribunal') to decide a dispute between the appellant and the respondent. Before the Tribunal, an application was filed by the appellant-Union for oral examination of the workers, but by order dated 31-10-2007, the Presiding Officer of the Tribunal rejected the application. Aggrieved, the appellant filed Writ Petition No. 15842/2007 (S) under Articles 226 and 227 of the Constitution in this Court and by the impugned order dated 12-12-2007 the learned Single Judge dismi...
Manohar and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-04-2008
Reported in: 2008(2)MPHT326
Arun Mishra, J.1. The appeal has been preferred by the appellants being aggrieved by the judgment and conviction dated 26-7-93 passed by the Ist Additional Sessions Judge, Sehore in Sessions Trial No. 279/92, whereby the appellants have been convicted for commission of offence under Section 302/34, IPC sentencing them to undergo rigorous life imprisonment.2. As per the prosecution case, deceased Suresh and accused persons where residing at Village Khamlaha. Deceased had accompanied the accused persons in the night, he did not come back to the house. Consequently, Kishore Singh and Munnalal went to the house of Manohar to ask about the whereabouts of Suresh. For several days they inquired from Manoharlal but he expressed ignorance as to the whereabout of deceased Suresh. They also inquired from co-accused Nandlal. He also expressed ignorance as to the whereabouts of deceased Suresh. The prosecution further alleged that on 3-8-92, one Sangram Singh, son of Kamal Singh found the dead body...
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