Madhya Pradesh Court July 2008 Judgments
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Krishnagopal Vs. Director of Income-tax (investigation) and anr.
Court: Madhya Pradesh
Decided on: Jul-03-2008
Reported in: (2009)221CTR(MP)100; [2009]308ITR273(MP); [2009]182TAXMAN203(MP)
Ajit Singh, J.1. By this petition, filed under Article 226 of the Constitution, the petitioner has prayed for quashing of warrant of requisition dated August 24, 2007, issued by respondent No. 1 under Section 132A of the Income-tax Act, 1961 (in short, 'the Act').2. Briefly stated the facts giving rise to this petition are that the petitioner belongs to Mathura (U.P.) wherein he carries on the business in the purchase and sale of raw silver, manufacture and sale of silver ornaments in the name and style of M/s. Goyal Payal Company. He is also regularly assessed to income-tax on Permanent Account No. ADWPA1767D by the Income-tax Officer, Ward 3 (2), Mathura, and registered with the Trading Tax Authorities of Uttar Pradesh on TIN No. 09427100479 09427100479 . On August 14, 2007, the police of Lordganj Police Station, during routine checking, found the petitioner in Hotel Shyam, Jabalpur (M.P.), in possession of raw silver and silver ornaments weighing 118.426 kg. and cash amounting to Rs...
State of Madhya Pradesh and ors. Vs. Ashok Kumar Sharma and ors.
Court: Madhya Pradesh
Decided on: Jul-03-2008
Reported in: 2009(2)MPHT446
Subhash Samvatsar, J.1. This writ appeal is filed by the appellants State of Madhya Pradesh challenging the order dated 28th July, 2006 passed by Single Bench of this Court in Writ Petition No. 2661/03 whereby the Writ Court has allowed the writ petition filed by the petitioners ('respondents' herein) and declared them to be the State employees.2. Brief facts of the case are that the respondents employees have filed a writ petition before the Single Bench alleging that they were appointed in a cell constituted by the State Government namely Madhya Pradesh State Municipal Services (Technical Cell) in exercise of the powers under Section 86 of the Madhya Pradesh Municipalities Act, 1961 (for short 'the Act'). These employees were appointed by the Director, Urban Administration, Bhopal and Deputy Director, Urban Administration. The main object of constituting the said cell was to look after the construction work, water supply facility and other technical jobs of the municipalities. Copy o...
Tej Singh and ors. Vs. Rewa Ram and ors.
Court: Madhya Pradesh
Decided on: Jul-02-2008
Reported in: 2008CriLJ4652
ORDERP.K. Jaiswal, J.1. Heard.2. By taking aid of inherent jurisdiction under Section 482 of Cr.P.C., petitioners had filed this petition for quashing the criminal proceedings initiated against them for an offence punishable under Sections 406, 420 and 120B of I.P.C. and consequential order passed by the Chief Judicial Magistrate, Vidisha on 23.08.2007 by which he directed the Supdt. of Police, Vidisha to investigate the same under Section 156(3) of Criminal Procedure Code.3. Brief facts of the case are that the petitioner No.1 entered into an agreement to sell over an area of 9.95 hectares of Survey No.171/2/2 situated at Village Khemkheda, Tehsil and District Vidisha in favour of respondents No.1 and 2 for a consideration of Rs.9 lakhs on the ground that he is exclusive owner and title holder of the said land and he need money for his personal necessity. On 29.07.2003, he executed an 2 M.Cr.C. No.3165/2008 agreement with the respondents No.1 and 2 vide Annexure P/3. As per agreement,...
Marshal Paper and Board Mill Ltd. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-02-2008
Reported in: (2009)IILLJ448MP; 2008(5)MPHT155
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India though the petitioner has prayed for many a relief, the fundamental and seminal relief from which the other reliefs quintessentially flow is that the mandate contained in Section 75(2-B) of the Employees' State Insurance Act, 1948 (for short 'the Act') requiring an applicant to make a deposit of fifty per cent of the amount due from him before raising the dispute before the Employees' Insurance Court (hereinafter referred to as 'the Court') should be declared ultra vires Article 14 of the Constitution of India.2. Bereft of unnecessary details, the facts which are necessitous to be stated are that the petitioner being grieved by the orders passed by the authorities under the Act raised a dispute before the Court which by the impugned order dated 25-8-2005, Annexure P-1, insisted for deposit of 50% of the amount demanded by the Statutory Authority within a period o...
Prem Narayan Bhagel and ors. Vs. Banchandra Bhagel and ors.
Court: Madhya Pradesh
Decided on: Jul-01-2008
Reported in: 2008(5)MPHT360
ORDERS.K. Gangele, J.1. Petitioners have filed this petition challenging the order dated 12-2-2008 passed in execution proceedings registered as Claim Execution No. 19/06-07.2. Petitioners-claimants filed a claim application before 3rd Additional Motor Accident Claims Tribunal (Fast Tract Court), Dabra, District Gwalior with regard to payment of compensation on account of death of one Kishan Lal Bhagel. The aforesaid application was registered as Claim Case No. 19/06. Learned Claims Tribunal passed an award on 23-8-2007 and held that respondent Nos. 1 and 2 would be severally and jointly liable to pay an amount of Rs. 1,59,500/- to the petitioners-claimants. The Claims Tribunal further directed that respondent No. 3 shall make the payment to the claimants and thereafter it shall recover the amount from the respondent No. 2, Ramswaroop. Respondent No. 3 is an Insurance Company, The directions issued by the Claims Tribunal are in Hindi, which have been reproduced in verbatim as under:1 v...
Shakil and Badrilal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-01-2008
Reported in: 2009(1)MPHT313
S.L. Kochar, J.1. Both these appeals are arising out of impugned judgment, therefore, decided by this common judgment.The appellants have preferred this appeal against the impugned judgment dated 22-2-2005 passed in Special Case No. 29/2001 by learned Special Judge, (NDPS Act), Neemuch, whereby convicted the appellants for the offence punishable under Section 8/15(c) or 8/29/15(c) of the Narcotic Drugs & Psychotropic Substance Act, 1985 (for short 'the Act'), sentenced to RI for ten years and fine of Rs. 1,00,000/- to each appellant, in default of payment of fine additional RI for four years.2. Briefly stated the prosecution case as unfolded before the Trial Court is that on 14-7-00, Head Constable Shri Shiv Shankar of Police Station, Singoli was going to enquire the report of Merg (death) to Village Palasiya via Village Jhatla. In Village Jhatla in the locality of Sutars on the main road Truck No. M.P. 14-G/5351 was standing and Hummal were loading Poppy Husk in it. On enquiry by Head...
Naval Singh Vs. Geetabai and ors.
Court: Madhya Pradesh
Decided on: Jul-01-2008
Reported in: 2009ACJ2553
N.K. Mody, J.1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 29.3.2004 passed by Eleventh Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 298 of 2001. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,87,500 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to the claimant, i.e., appellant herein, the compensation awarded is on lower side and hence, needs 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. It is not necessary to narrate the entire facts in detail, such as how the accident had occurred, who was negligent in driving th...
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