Court : Madhya Pradesh
Reported in : AIR1959MP195
T.C. Shrivastava, J. 1. This is a petition under Article 226 of the Constitution filed by the Hukumchand Mills Ltd., Indore against the orders of the assessing authority passed in 1951 assessing the petitioner to Industrial Tax for the years 1940-48 and Excess Profits Duty for the years 1943-46.2. The undisputed facts in this case are these. In the year 1927 a tax was imposed on the cotton mills at Indore in respect of income, profits and gains earned by them. This was under the Industrial Tax Rules 1927 (hereinafter referred to as 'the original Rules') promulgated by the Holkar Government. Under the Rules as amended from time to time, provisional assessments were first made and the amount of tax used to be realized.Later, the assessments were finalised by a Board against whose orders a first appeal lay to the Member-in-charge Commerce and Industry and a second appeal lay to the Government. In 1949 the Rules were amended by the Indore Industrial Tax (Amendment) Rules, 1949 (hereinafter...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP342; [1962(5)FLR478]
Dixit, C.J.1.This order will also govern Miscellaneous Petitions Nos. 227 242, 243 and 297, all of 1961. 2. In these five cases under Article 226 of the Constitution, the petitioners, challenge the vires of the Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961, (hereinafter referred to as the Validation Act), and seek a declaration that the said Act is constitutionally invalid, ultra vires and unenforceable, and pray that a suitable direction be issued to the opponents for bearing them from giving effect to the Validation Act in any manner whatsoever. 3. The matter arises thus. In the former State of Madhya Pradesh, which comprised the Mahakoshal region of the new State of Madhya Pradesh, the minimum wages for the workers in concerns owned by the petitioners were first fixed in 1951 by notifications issued in 1951. These rates were revised in 1956 and 1957. After the formation of the new State of Madhya Pradesh, the Government constituted under Sections 5 and 6 of the M...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1993)IIILLJ897MP; 1991(0)MPLJ513
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dated 16.11.1989 passed by the Addl. Chief Judicial Magistrate, Indore in Cr. Case No. 6 of 1990 whereby he has under Section 204 of the Criminal Procedure Code, 1973 (for short 'the Code') ordered issue of process against the petitioner on the complaint filed by the Factory Inspector, Indore.2. Circumstances giving rise to the revision petition are these: The petitioner is an occupier within the meaning of Section 2(h) of the Factories Act, 1948 (for short 'the Act'). According to the complaint he contravened the provisions of Section 48 of the said Act and Rule 87 of the Madhya Pradesh Factories Rules, 1962 (for short 'the Rules'). He is, therefore, punishable under Section 92 of the Factories Act.3. The learned Addi. Chief Judicial Magistrate took cognizance of the offence and passed the impugned order.4. It is not in controversy that the impugned order is revisable. In this connection reference may use...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP353
Shrivastava, J. 1. This is a petition under Article 226 of the Constitution by which the petitioner seeks a writ against the non-applicants to compel them to complete the election to the office of the President Municipal Committee, Katni, District Jabalpur. 2. The Collector Jabalpur had published a programme of election to the Municipality of Katni according to which the nomination papers had to be filed by 12-5-1958 and the polling was to take place on 13-6-1958. The petitioner filed his nomination paper for contesting the office of President on 5-5-1958. Section 18 of the Central Provinces and Berar Municipalities Act, 1922 (hereinafter referred to as the Municipalities Act) provided for the election of the President directly by all the voters. It was, however, amended by the Madhya Pra-desh Municipalities (Amendment) Act, 1958 (Act No. 14 of 1958) which came into force on 5-5-1958. By this amendment the President is now to be elected by the members of the Committee. Section 7 of the...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990(0)MPLJ20
M.D. Bhatt, J.1. This is the appeal of the accused Shyamrao, who on his conviction under sections 366 and 376 of the Indian Penal Code has been sentenced to seven years' R. I. on each count with the direction for the concurrent running of these sentences.2. The prosecutrix Mst. Babybai Gond is the wife of P.W.4 Ramesh and at the relevant time of the incident i.e. on 23-6-1983, she was staying at her husband's house in village Gangatwada. Parents of the prosecutrix Mst. Baby were residents of village Lodhikheda and the appellant-accused well knew the prosecutrix and her parents, inasmuch as, he had been living in front of their house at Lodhikheda for a few months, long before the incident. A day prior to 23-6-1983, the appellant-accused had come to Gangatwada and had stayed at the house of the prosecutrix's husband Ramesh. On the next day, at about mid-noon, the appellant-accused, P.W.12 Mst. Babybai and her husband P.W.4 Ramesh had started by bus together, for Lodhikheda; but on the w...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)IIILLJ1344MP; 2000(3)MPHT256; 2000(2)MPLJ249
ORDERS.P. Srivastava, J.1. Heard Shri Arun Upadhyaya, learned counsel for the petitioner as well as Shri K. N. Gupta, Government Advocate representing the respondent No. I/State on advance notice.2. Perused the record.3. The petitioner has approached this Court by means of the present writ petition praying for a direction requiring the respondents to continue in service of the respondents No. 2 and 3 on the post of Time Keeper and prohibiting them not to terminate his services otherwise than in accordance with law. He has further prayed for a direction requiring the respondents to absorb him in a permanent post according to the rules applicable to the Municipalities and for quashing of the order dated December 31, 1999 issued by the State Government. It has also been prayed that the respondents be directed to release his salary for the month of December 1999 and onwards.'4. The facts in brief, shorn of details and necessary for the disposal of this case lie in a narrow compass. The pet...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT474
ORDERShantanu Kemkar, J. 1. Both these petitions are disposed of by this common order.2. Petitioner Ram Sewak was convicted under Section 302 of the Indian Penal Code and was sentenced for life imprisonment by Additional Sessions Judge, Damoh by judgment dated 17-4-1998. He filed an application for first leave under Section 6 of the Madhya Pradesh Prisoner's Leave Rules, 1989 (for short 'the Rules'). That application was allowed. Thereafter the petitioner filed another application for subsequent leave under Rule 8 of the Rules. The said application was returned by the Inspector General of Prisons to the Superintendent, Central Jail, Jabalpur, relying upon the circular dated 10-9-2004 issued by the Inspector General of Prisons, Bhopal is ultra vires and is contrary to the provisions of the Prisoners Act, 1900 (for short 'the Act') and the Rules. Petitioner contends that the Act and the Rules no where provides that sanctioning authority of the subsequent leave application filed in the ne...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263
S.S. Saraf, J. 1. This petition under Section 482, Cr.PC has been directed against theorder dated 4-7-2001 passed by the learned IIIrd Additional Sessions Judge, Chhindwara in Criminal Revision No. 82/2001 affirming the order dated 21-5-2001 passed by the learned Additional Chief Judicial Magistrate, Saunsar District Chhindwara in P.O.R. No. 8891/2001 rejecting an application filed under Section 457, Cr.PC for the release of the vehicle on Supurdnama.2. A criminal case for offence under Sections 2, 9, 27, 29, 35(6), 43(3), 46(A), 51 and 52 of the Wild Life (Protection) Act and Sections 26 and 52 of the Indian Forest Act has been registered against Abdul Waheed Ansari and Babulal on the allegations that they were fishing in the reservoir of Pench National Park, Chhindwara. The fish so collected were being transported in the Jeep No. MP-28-C/0195 which was seized. It is alleged that the seized vehicle belongs to the petitioner. He, therefore, filed an application for release of the said ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2002(93)FLR883]; (2002)ILLJ986MP; 2002(1)MPLJ116
ORDERA.M. Sapre, J.1. By filing this writ, the petitioner has challenged the order dated November 23, 2000 (Annexure P4) and other consequential orders such as order dated December 1, 2000 (Annexure P5) and order dated April 11, 2001 [Annexure P9(c)]. All these orders which are impugned in this writ are passed by Recovery Officer under Section 8F(3) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952. In order to appreciate the issue involved in the writ, few facts need mention.2. Respondent No. 3 is a limited company engaged in manufacture of Cloth business. It is a factory as defined under Section 2(g) of Employees' Provident Funds And Miscellaneous Act, 1952 (for brevity hereinafter referred to as 'The Act') and hence, subjected to payment of contribution payable in respect of a Member (employee) under a Scheme framed under the Act as per the provisions of the Act at all relevant times.3. It appears that respondent No. 3 failed to contribute the contribution payable...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006]143STC432(MP)
ORDERDipak Misra, J. 1. In these writ petitions the question of law being common they were heard analogously and are disposed of by this common order. For the sake of clarity and convenience we shall adumbrate the facts of W.P. No. 669 of 2002.2. The petitioner No. 1 is a public limited company having its cement manufacturing unit at Narasinghgarh, District Damoh. The petitioner No. 2 is the Joint President of the petitioner No. 1 company. The petitioner No. 1 company has a captive power plant for generation of power for use in the cement manufacturing plants. The diesel is one of the raw materials for generation of power and also for use in machineries in quarrying limestone. Diesel is specified as raw material in the registration certificate granted to the petitioner under the Madhya Pradesh Commercial Tax Act, 1994 (in short, 'the 1994 Act') and under the Central Sales Tax Act, 1956 (in short, 'the 1956 Act').3. Under Section 3 of the Entry Tax Act the entry tax on diesel is payable...
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