Court : Madhya Pradesh
Reported in : AIR1995MP1
U.L. Bhat, C.J.1. Certain common questions have been raised in these writ petitions and they have been heard together and are being disposed of by this common judgment.2. Petitioners in various petitions are owners of motor vehicles such as trucks, jeeps, tractors, stage carriage vehicles etc. On the allegation that these vehicles have been used for removing forest produce contrary to law, they have been seized by Forest Officers or Police Officers and confiscation proceedings have been intiated orabout to be initiated against them. In most of the cases, action is being taken under the provisions of the Indian Forest Act, 1927 (for short, Central Act), as amended by the Indian Forest (M. P. Amendment) Act, 1983, (for short, 1983 Act). In a few of the cases, action is being taken underthe M. P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969, i.e. M. P. Act 9 of 1969(for short, 1969 Act), as amended by the Amending Act 15 of 1987. In most of the cases, by interim orders, vehicles have been ...
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 : 1995(0)MPLJ113
ORDERD.M. Dharmadhikari, J.1. The petitioner No. 1- Smt. Usha Raje is the daughter of ex-ruler of Indore State - Maharaja Yeshwant Rao Holkar. Petitioner No. 2 is the husband of the petitioner No. 1. Petitioner No. 3 called Princess Usha Trust was constituted by an indenture of trust created by the late ex-ruler executed by him on 10-4-1950. The petitioner No. 4 - Devi Ahilyabai Educational Trust was constituted by a trust-deed executed on 18-12-1973 by Princess Usha Devi who transferred all the properties to the charitable trust.2. Maharaja Yeshwantrao Holkar, the ex-ruler was the owner of all the lands within the Holkar State which included agricultural lands. Before 1950 the Indore Land Revenue and Tenancy Act, 1931 governed the law relating to the land tenures in the erstwhile Holkar State. 'Under Section 27 of the said Act of 1931 the entire land of Holkar State was the property of Maharaja and no person could get any portion of the land without a lawful authority from him. The sa...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP171
1. This is a Letters Patent Appeal against the order of Kotval J., in Miscellaneous Petition No. 466 of 1955.2. The appellant used to carry on business in the State of Nandgaon and did so during the years 1946-47, 1947-48 and 1948-49. At that time, the provisions of the Indian Income-tax Act, 1922, were applicable to the Nandgaon State on account of the extension of that Act to the State in the year 1942. The appellant was assessed to income-tax for the above years under the said act by three separate orders of the Income-tax Officer, dated respectively 29-12-1947, 9-1-1948 and 29-3-1949, and the tax was duly realised by the State authorities.The State merged with Madhya Pradesh with effect from ]st August 1949 by the State Merger (Governors' Provinces) Order, 1849, end by the Taxation Laws (Extension to Merged States and Amendment) Act 1949 (hereinafter referred to in the judgment as the Taxation Laws Act) the Indian Income-tax Act was extended to the State of Nandgaon with effect fro...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
Dipak Misra, J.1. The term 'Law' is applied and taken recourse to herald the incandescent attributes of civilisation with stupendous felicity and the advancement of society is conditioned by the appropriate legal evolution. Sometimes the law is conceived as 'jus naturale', at times as 'jus civile' and some other times it is equated with 'jus honorarium'. But the term 'jus' is always important. 'Jus' should never succumb to 'Joss'. That is why it has been said that the law is not the study of words alone but a penetration into the study of nature within and nature without which are projected through words that have the moving power of life. For that Simon pure reason William Shakespeare spoke : 'The Law hath not been dead, though it hath slept'. We have embarked upon the subject with the aforesaid prefatory note as our essay and venture is to find out whether by substitution of Section 100A of the code of Civil Procedure, 1908 (in short 'the Code') the Legislature by taking recourse to ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(4)MPHT360; 2002(3)MPLJ504
S.S. Jha, J.1. This Letters Patent Appeal is filed against the judgment and decree passed in First Appeal No. 10 of 1982 arising out of the judgment and decree dated 19-6-82 passed by Third Additional Judge to the Court of District Judge, Gwalior.2. Objection is raised by the respondents as to maintainability. The appeal was finally heard and decided on 4-9-96 [1997(1) Vidhi Bhasvar 255]. After its decision an application for restoration was filed as some of the respondents were not served and appeal came up for hearing. After restoration of appeal the case was listed again and objection is raised that in view of amendment in Section 100A of Code of Civil Procedure this appeal is not maintainable. This appeal is filed against that order.3. It is to be examined whether the appeal is now maintainable in view of amended Section 100A of Code of Civil Procedure came into force w.e.f. 1st July, 2002. Section 100A is reproduced below:--'100A. No further appeal in certain cases.-- Notwithstand...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
Mewaskar, J.1. These four appeals Nos. 81 and 82 of 1957, No. 33 of 1958 and No, 13 of 1959 are between the same parties and are the outcome of an arbitration proceedings consequent upon a private reference to arbitration which resulted in a judgment and decree on the basis of an award. 2. Appeal No. 81 of 1957 is against the order refusing to set aside the award. The appeal was preferred under Section 39 of the Arbitration Act. Appeal No. 82 of 1957 is directed against the order recording the compromise between the parties after the award had been filed in court. The appeal purports to be under Order 43 (1) (m) of the Civil Procedure Code. Appeal No. 33 of 1958 is directed against the order refusing to issue process of attachment in execution against the privy purse of the defendant judgment-debtor, Nawab of Jaora who is the Ex-Ruler of one of the princely States which initially merged into Madhya Bharat and now forms part of the State of Madhya Pradesh. Appeal No. 13 of 1959 is direc...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT179
A.K. Mishra, J. 1. Petitioners are workers' union. The prayer made in the instant writ petition is to quash the award passed by the arbitrator Shri Digvijay Singh, Chief Minister of M.P. relating to dispute of removal of daily wages employees.Main question for consideration in the writ petition is whether Public Works Department and other departments of State of M.P. can be treated 'industry' under Section 2(j) of Industrial Disputes Act, 1947.2. The services of the daily rated workmen employed in Madhya Pradesh after 31-12-1988 in different departments of State of M.P. and various local authorities were ordered to be terminated by the Govt. of M.P., a memorandum (P-1) dated 14the February, 2000 was issued for removing all the daily wage employees appointed after 31-12-88 on the ground that a memorandum dated 15-9-89 was issued which contained direction not to fill up the posts which were vacant as on 1st January, 1988 and the ban on making the appointments out of contingency fund was ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2005)197CTR(MP)44; [2006]282ITR97(MP)
ORDERR.V. Raveendran, C.J.1. This appeal by the Revenue under Section 260A of the IT Act, 1961 ('Act' for short), is against the order dt. 21st May, 2001 of the Tribunal, Indore Bench, in ITA No. (SS) 63/Ind/1997 for the block asst. yrs. 1987-88 to 1997-1998 (that is for the period 1st April, 1986 to 18th Oct., 1996).2. In the appeal memo, the Revenue has raised as many as seven substantial questions of law for consideration. However, having regard to the fact that in regard to matters covered by questions (iii) and (vii), the Tribunal had set aside the issue and sent it back to the AO and the AO by order dt. 28th March, 2002, has already decided afresh questions (iii) and (vii), it was submitted that only question Nos. (i), (ii), (iv), (v) and (vi) which are extracted below, remain for consideration :'(i) Whether, on the facts and circumstances of the case, the learned Tribunal was justified in law in holding that the matters disclosed in the returns filed for the relevant assessment ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP79; 2005(1)MPLJ481
ORDERRajendra Menon, J.1. Petitioner a registered company incorporated and registered under the Companies Act, 1956 having its factory at Malanpur Industrial Area, District Bhind, M. P., has called in question tenability of order the dated 7-11-2001 (Annexure-Q) passed by the Collector of Stamps, Bhind directing for payment of stamp duty and penalty on a document, executed in connection with transfer of certain property conveyed by the deed (Annexure-F) dated 13th June, 1996 so also the order passed by the Board of Revenue, the Chief Controlling Revenue Authority under the Indian Stamp Act, 1899 (Annexure-T) dated 3-1-2002 and the consequential demand notices Annexure-R and Annexure-S dated 12-11-2001 and 22-12-2001 demanding stamp duty of Rs. 23,72,50,000/- and a penalty of Rs. 5,09,05,000/-.2. It is the case of the petitioner that originally their unit at Malanpur (M.P.) known as Tyre Cord ., who were owners of the undertaking which included the leasehold land, building, immovable pl...
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