Court : Madhya Pradesh
Reported in : 1980MPLJ607
ORDERG.P. Singh, C.J.1. The petitioner is a dealer registered under the Madhya Pradesh General Sales Tax Act, 1958, as also under the Central Sales Tax Act, 1956. For the period from 25th October, 1965, to 12th November, 1966, the petitioner was assessed to Central sales tax at Rs. 46,644 by the order of the Assistant Commissioner of Sales Tax dated 29th July, 1969. In penalty proceedings for the same period, the Assistant Commissioner by his order dated 15th September, 1969, imposed a penalty of Rs. 35,000 on the petitioner under Section 43 of the State Act for concealment of the turnover under the Central Act. The petitioner filed a revision against the order imposing penalty which was dismissed by the Commissioner of Sales Tax on 28th February, 1975. Similarly, for the period from 3rd November, 1967, to 21st October, 1968, a penalty of Rs, 9,200 was imposed on the petitioner under Section 43 of the State Act for concealment of the turnover under the Central Act by order of the Assis...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT418
ORDERA.K. Patnaik, C.J.1. In this batch of writ petitions filed under Article 226 of the Constitution, the common questions which arise for decision are that how far is it permissible under the Constitution for the State to control and regulate admissions and fees in private unaided professional educational institutions in the State of Madhya Pradesh.2. The background facts are that in Unni Krishnan v. State of Andhra Pradesh : (1993) 1 SCC 645, a five Judge Bench of the Supreme Court held that there was no fundamental right to professional education which flows from Article 21 of the Constitution but framed a scheme in the nature of guidelines which the appropriate Governments and recognising and affiliating authorities were to implement as conditions for grant of permission, recognition or affiliation under which the seats in professional colleges were to be divided into free seats and payment seats and a common entrance test was to be conducted by the State Government and the first ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT374
ORDERDipak Misra, J.1. In this batch of writ petitions, the assail is to the constitutional validity of Sub-section (4) of Section 1 and Section 1-A of the M.P. Industrial Relations Act, 1960 (for brevity 'the 1960 Act') and the notification issued under the said provisions. The said provisions were introduced by M.P. Act No. 16 of 2000 by the Madhya Pradesh Audyogik Sambandh (Sanshodhan) Adhiniyam, 2000 with a stipulation that the said provision would come into force on such date as the State Government may, by notification, appoint and was brought into force by notification dated 17-5-2006 from the date of publication of the notification. The petitioners have also challenged the notification issued in exercise of power conferred under Sub-section (4) of Section 1 of the 1960 Act by the State Government whereby it has directed that the provisions of the said Act shall not apply to the industries specified in the Schedule to the said notification with a postulate that the said exclusio...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)159CTR(MP)53
ORDERD.P.S. Chouhan, J.Threatened with the invasion of their rights, the petitioners, in these two writ petitions, numbered 2593/1997 and 1723/1998, approached this Court invoking jurisdiction under Article 226/227 of the Constitution, seeking protection against illegal and arbitrary action against them which on being heard together are decided conjointly.2. The controversy in these petitions centres round the construction of the house known as 'Dev Shree' and in that regard, the following facts are' relevant .(1) Shri Arjun Singh and his wife Sint. Saroj Singh, who are petitioners in Writ Petition No. 2593/1997, and Shri Ajay Singh, their son, who, is petitioner is Writ Petition No. 1723 of 1998, after purchasing an agricultural land near Kerwa Dam in village Mandora, Tahsil Huzur, District Bhopal, constructed a house over a portion thereof, named as 'Dev Shree' and which being in the vicinity of Kerwa Dam, was also known as 'Kerwa House' (hereinafter referred to as 'the house), the c...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT22
A.K. Patnaik, C.J.1. The two appeals have been filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005, against the orders passed by the learned Single Judge in W.P. No. 18247/2006 and W.P. No. 7392/2007 on 27-8-2007.2. The appellant in W.A. No. 1428/2007 was convicted under Section 302/149, IPC and sentenced to RI for life in Sessions Trial No. 203 by the Additional Sessions Judge, Sehore on 1-1 -2005. After completion of 2 years and two months and 20 days of imprisonment, the appellant filed an application for parole but the Collector, Sehore by order dated 21-8-2006 rejected the application. Aggrieved, the appellant filed W.P. No. 18247/2006 against the order of rejection of his application for parole, but by the impugned order dated 27-8-2007 the learned Single Judge has dismissed the writ petition after holding that the reasons assigned in the impugned order rejecting the application for parole were good reasons.3. The appellant in ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT512
A.P. Shrivastava, J.1. Appellant has preferred this appeal against the judgment of conviction and sentence, dated 31-1-2001 passed by IVth Additional Sessions Judge, Moreria (M.P.) in S.T. No. 95/95, by which the appellant has been convicted under Section 304(1) of IPC and sentenced to undergo Rigorous Imprisonment for ten years with a fine of Rs. 5,000/- and under Section 324 of IPC, sentenced to undergo Rigorous Imprisonment for two years with a fine of Rs. 1,000/- with default stipulation.2. As per the prosecution story, on 20-8-94 in the evening at about 5.30 at Village Singpura, Mule Singh , the cousin of informant Sobran Singh (P.W. 2) was in the field and appellant Radheshyam alongwith co-accused Pappu and Sobir were grazing cattle in the field. Mule Singh opposed for grazing the cattle in the field. Thereafter, the accused and co-accused Sobir (who tried by Juvenile Court) came with ballam, farsa, lathi and gun. Appellant Radheshyam inflicted injury by ballam to the head of Mul...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT92
Arun Mishra, J.1. The appeal had been preferred by the original plaintiff; Madhya Pradesh Electricity Board (MPEB), that has been succeeded by M.P. Power Generating Co. Ltd., Jabalpur during the pendency of the appeal. The Judgment and decree dated 9-10-2001 passed by the 12th Addl. District Judge, Jabalpur of dismissal of the suit filed for recovery of Rs. 19,35,410/- has been assailed in the appeal.2. The original plaintiff; MPEB filed suit for recovery of aforesaid amount for which it floated tender notice PRG/SGTPS/T-19 for complete Design, Manufacture, Assembly, Testing at Manufacturer's works, Delivery etc. of equipments and accessories given therein and as indicated in respective tender specification contained therein. The tender specification contained in Section-I; General Conditions of Contract, Tendering conditions, Soil and climatic conditions at site and site facilities available. Section-II contained General specification etc. Technical specification for Vertical Wet pit ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
DIXIT, J. - This is an application by the petitioners styling themselves as the firm Messrs. Sarupchand Hukumchand of Indore, under Article 226 of the Constitution of India, for a writ of certiorari and a writ of prohibition or a writ of like nature or an order for quashing a provisional assessment of the tax payable by the firm for the assessment year 1950-51, made by the Income-tax Officer, Indore, under Section 23B of the Income-tax Act, 1922, and for restraining the opponents from enforcing the assessment order and a notice of demand dated 19th February, 1952, by which the applicants were directed to pay the amount of the tax, namely Rs. 2,58,154-8-0 on or before 29th February, 1952. The petitioners have also filed another application in these proceedings challenging the propriety and validity of an order said to have been made on 29th February, 1952, by the Income-tax Officer, ignoring an order of interim injunction issued by this Court on 29th February, 1952, prohibiting the Inco...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2008)BC504
ORDERB.M. Gupta, J.1. Both the petitions are arising out of the same dispute between the same parties, M/s. Mani Agro Industries Station Road, Datia, respondent No. 1/complainant represented through its proprietor Mani Prakash Sharma at one side (complainant in short) and the petitioners being office bearers of M/s. Eicher Ltd. Industrial Area Mandideep, Bhopal at the other side (hereinafter petitioners will be referred to as accused and M/s. Eicher Ltd. as company), hence both have been heard and are being disposed of together.2-A. The facts in brief, as revealed from complaint dated 31.7.2006 filed by the complainant against Smt. Mallika Srinivasan, MD, Rajiv Sharma, Regional Manager, Sunil Panel and Samir Garg, Area Managers of the company are, that complainant, a proprietor firm was appointed as dealer by the company in May 1999 on depositing Rs. two lacs as security amount. The terms of the agreement included, complainant was to receive old tractors from the customers and sell the...
Tag this Judgment!Court : Madhya Pradesh
S.C. Sharma, J: 1. The petitioners before this Court have filed this present writ petition being aggrieved by the alleged action of the Indian Army in closing / obstructing the alleged road which is adjoining to the defence land and the land belonging to the petitioners. 2. Contention of the petitioners is that they have purchased land vide registered sale deeds dt. 8/5/07 and 14/2/08 bearing Survey No. 864 admeasuring 0.715 hectares and 0.143 hectares respectively in village Telikhedi, Mhow, Distt. Indore. The adjoining land belongs to the Indian Army (Army Golf Club) situated in GLR Survey No. 168. It has been further stated that the Army Authorities in the year 1983 in order to utilise the land in question have entered into a lease agreement with the predecessor in title and a small culvert was also constructed to provide free access for the golfers on the land in question across river Gambhir. The lease deed was later on extended in the year 1998. In the month of April, 2008 the pe...
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