Court : Madhya Pradesh
Reported in : 2001CriLJ4608; 2001(4)MPHT337; 2001(3)MPLJ259
ORDERN.K. Jain, J.1. A short but imporlant question of law arises for determination in this petition is as to whether the offence under Section 138 of the Negotiable Instruments Act (for short, 'the Act') can be permitted to be compounded.2. The case giving rise to this petition is pending in Appeal (No. 68/2000) before the 1st Addl. Sessions Judge, Mhow, who vide Order dated 23-9-2000 has declined joint prayer made by the complainant-payee and the accused drawee (the petitioners herein) to compound the offence under Section 138 of the Act for which matter is convicted by the Trial Magistrate. The learned ASJ has held that the offence under Section 138 is not compoun-dable and no permission to compound the same can be accorded in view of the bar contained under Sub-section (9) of Section 320 of the Code of Criminal Procedure, 1973 (for short, 'the Code').3. Interestingly both the complainant petitioner No. 1 and accused -petitioner No. 2 have come up before this Court under Section 482...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(80)ECC67; 2002(139)ELT506(MP)
A.M. Sapre, J.1. By filing this writ under Articles 226 and 227 of the Constitution of India, the petitioner has sought quashing of what they describe in the relief clause to be a demand letter, dated 6-9-2000, issued by Deputy Commissioner of Customs, LCD., Pithampur (Annexure P-19). Since, the challenge is only/to this impugned letter, it is necessary to reproduce the same infra verbatim to understand the challenge laid and issued urged :-'Subject: conversion of EPCG Licence No. 01500532, dated 10-10-96 from Zero duty scheme to 15% duty scheme-reg.' Please refer to DGFT, New Delhi's letter No. 01/36/2/24/AMS/EPCG-11/266, dated 30-7-2001 on the above mentioned subject. On your request EPCG Licence has been converted to 15% Duty EPCG Licence from zero duty EPCG Licence by DGFT vide the above referred letter. After this conversion, the governing Customs notification for the said licence has also changed from Customs Notifications 111/95 to 110/95 and consequent upon you are liable to pa...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
ORDERDipak Misra, J. 1. The centrum, issue that we are obligated to advert to in this batch of writ petitions, which are inseggregable and inseverable, is 'education' that makes a man a complete human being in its conceptual essence and connotativecontinuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'Vidya' in the following terms:--'VIDYA NAAM NARASYA ROOPAMADHIKAMPRACHHANNA GUPTAM DHANAMVIDYA BHOGAKARI YAASHAH SUKHAKARIYIVIDYA GURUNAM GURUHVIDYA BANDHUJANO VIDESHGAMANEVIDYAPARAM DAIVATAMVIDYA RAJASUPUJYATE NAHI DHANAMVIDYA BIHINAH PASHUH.'A free translation of the aforesaid verse would mean that education is the most resplendent exposition of a man and in it inheres the concept of quintessential treasure. It is the bedrock of all happiness, fame and pleasure. Education is the preceptor of the teacher and acts as a dear friend in travel and is the supreme God, the creative intelligence. It is education but not money which is honoured and respected in the roy...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(5)MPHT537
ORDERArun Mishra, J.1. The petitioner in the instant writ petition seeks issue of writ of mandamous directing the respondents to issue the petitioner, company, tender forms in respect of tender No. 11/2001-2002 11/2001-2002 and to consider the petitioner, company, for participation in the tender process.2. The petitioner alleges that it is a pioneer company in the field of manufacture of Heavy Steel Structural and Hydraulic Gates, Hoist, Gantry Crane, etc. for Hydel and Irrigation Projects. It has completed several projects in Madhya Pradesh successfully. The petitioner further submits that the petitioner, company, was conferred Udyog Patra on behalf of the Institute of Trade and Development in the year 1981. The Chief Engineer, Bansagar Dam Project, Rewa, the respondent No. 1, invited two tenders, one for the work of design, drawing, fabrication, supply erection and testing of 18 nos. Radial Gates alongwith second stage concreting for Bansagar Dam Project vide NIT No. 6 of 1999-2000, ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2003(4)JCR325(MP)]; 2003(1)MPHT226
Bhawani Singh, C.J.1. Petitioners in both the writ petitions (W.P. No. 177 of 2001, Jabalpur Bus Operators Association and Ors. v. The State of M.P. and Anr. and W.P. No. 1629 of 2001, Daya Chand Jain v. State of M.P. and Anr.) have challenged the competence of Municipal Corporation to impose toll on the entry of vehicles within the Municipal Limits under Sub-section (6) of Section 132 of the M.P. Municipal Corporation Act, 1956 (for short 'the Act of 1956') and submit that the entry tax is being collected from the bus owners without any authority; more so when tax is being paid under Section 3 of the M.P. Motoryan Adhiniyam, 1991 (for short 'the Act of 1991'). Section 6 of the Act of 1991 is similar to Section 6 of the Motor Vehicles Taxation Act, 1947 which imposes bar on any local authority to impose tax in respect of the motor vehicles in question. Contention is that tax is being paid by the petitioners for use of roads maintained by the State, therefore, they can bring in and take...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
ORDERDipak Misra, J. 1. In course of adjudication of proceedings in a Court of Law sometimes vexed questions and complex situations do emerge which demand imperative penetration and intensive discernment to clear the maze and pave a luminous path through the labyrinthine so that the litigants precisely know their exact podium and become able to ventilate their grievances as permissible in law before the right forum without remaining in a state of uncertainty and in-definiteness. Certitude ushers in the quintessential virtues of law in an organized society and the absence of the same creates a shambolic situation which is not only unwarrantable but also law is at loath and averse to countenance the same. The cases at hand fresco a picture which not only creates a stir and an unusual ado to judicial discipline but also provokes and in a way accelerates the institutional syllogistic rethinking to have a deeper and greater probe into the arena of controversy. The spinal issue spiralled to ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
ORDERDipak Misra, J.1.Expressing the view that the issues involved arc of immense significance and placing reliance on the decisions rendered in the cases of Abdul Taiyab Abbasbhai Malik and Ors. v. The Union of India and Ors. AIR 1977 MP 116 and Balkrishan Das v. Harnarayan, 1979 MPLJ 644, wherein it has been held that the existence of two earlier conflicting decisions on the same point is not a condition precedent to make a reference for a decision of a question by a Larger Bench, the Division Bench referred the matter in entirety to be adjudicated by a Larger Bench and that is how the batch of cases has been placed before us.2. The bunch of matters can be categorised into two compartments; one batch assail is to certain provisions and rules of the M.P. Municipal Corporation Act, 1956 (for brevity 'the Act') as ultra vires and in the other challenge is to the certain provisions of M.P. Municipalities Act, 1961 (in short 'the Municipalities Act') and the rules framed for carrying out ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP182
Dipak Mishra, J.1. Expressing the view that the issues involved are of immense significance and placing reliance on the decisions rendered in the cases of Abdul Taiyab Abbasbhai Mall, v. The Union of India, AIR 1977 Madh Pra 116 (FB) and Balkrishan Das v. Harnarayan. 1979 MPLJ 644 : (AIR 1980 Madh Pra 43) (FB), wherein it has been held that the existence of two earlier conflicting decisions on the same point is not condition precedent to make a reference for a decision of a question by a larger Bench, the Division Bench referred the matter in entirety to be adjudicated by a larger Bench and that is how the batch of cases has been placed before us.2. The bunch of matters can be categorised into two compartments, one batch assail is to certain provisions and rules of the M.P. Municipal Corporation Act. 1956 (for brevity 'the Act') as ultra vires and in the other challenge is to the certain provisions of M.P. Municipalities Act, 1961 (in short the Municipalities Act) and the rules framed ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)188CTR(MP)581
ORDERS.K. Kulshrestha, J.1. On being directed under Section 256(2) of the IT Act (for short, 'the Act'), by order dt. 24th April, 1996, passed in MCC No. 489 of 1993, the Tribunal has referred the following question for the opinion of this Court:'Whether, on the facts and in the circumstances of the case, Tribunal was justified in law in giving another opinion on the same set of facts after recalling its own order dt. 7th Jan., 1990 under Section 254(2)?'2. The respondent-assessee in response to notice under Section 139(2) of the Act, filed return for the asst. yr. 1969-70 after a delay of 32 months declaring a loss of Rs. 10 lakhs from business. During the course of assessment proceedings, the assessee, however, did not produce its books of accounts inspite of repeated notices as a result of which the assessment was completed under Section 144 of the Act. The assessee took the matter in appeal before the AAC and thereafter before the Tribunal. At both the stages, the matter was set as...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2007)BC525; 2006CriLJ1988; 2006(1)MPLJ194
ORDERS.L. Kochar, J.1. This order also governs disposal of MCrC Nos. 291/05 to 297/05 filed by Steel Tubes of India v. Steel Authority of India.2. The contention of the learned Counsel for the applicant is that the non-applicant / complainant Steel Authority of India Limited has filed eight cases for dishonour of eight cheques, in each cheque the amount of one crore or more than one crores is involved. The complainant in his complaints, as well as statements recorded under Section 200 of the Code of Criminal Procedure (for short, 'the Code') has not disclosed as to against which liability or debt, the cheque was issued in his favour by the applicant: The applicant herein, filed an application under Section 91 of the Code seeking direction before the trial Court for production of documents by the non applicant/complainant regarding transaction concerning with the cheques issued by the applicant and their dishonour by the Bank, but according to the applicant, some documents were filled i...
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