Court : Madhya Pradesh
Decided on : Mar-15-2001
Reported in : 2002(142)ELT562(MP); 2001(5)MPHT95; 2001(3)MPLJ50
Arun Mishta, J.1. The present Letter Patent Appeal has been preferred by the Union of India and others, aggrieved by the order dated 15-12-2000 passed by learned Single Judge in Writ Petition No. 4486/99 [2001 (129) E.L.T. 296 (MP.)]. The learned Single Judge has allowed the writ petition and the order dated 2-8-1993, 11-5-1994 and 9-3-1999 disallowing the inputs credit as contained in Annexure P-15, P-18 and P-20 have been quashed and the competent authority has been directed to verify the records and as appropriate order in consonance with law laid down in the case of Gilt Pack Limited v. The Assistant Collector, Central Excise, Indore-1994 (69) Excise Law Times 222 (M.P.) decided by the Madhya Pradesh High Court.2. The respondent-Company submitted its representation on 8-5-1986 to the Assistant Collector to ascertain the exact nature of the produce and to give it proper classification and till the classification is made, the respondent agreed to be assessed provisionally as per the ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-17-2001
Reported in : II(2002)ACC52; 2003ACJ127; 2001(4)MPHT293; 2001(3)MPLJ297
ORDERBhawani Singh, C.J. 1. This appeal is directed against an award of Motor Accidents Claims Tribunal, Dhar in Claim Case No. 50/1997, dated 24-12-1997.2. Claimants are wife, children and mother of deceased Umraosingh who was 32 years old at the lime of accident which took place on 10-6-94 when he was hit by his tractor near a land where it was being taken by the driver who had been employed by Apa s/o Bhuwan. Claim of Rs. 22,88,500/- (Twenty two lakhs eighty eight thousand and five hundred) has been raised for the death of deceased who according to the claimants was earning yearly income of Rs. 1,00,000/- (One lakh). This vehicle was insured with the Oriental Insurance Company Limited 569/3, M.G. Road, Indore (M.P.). The allegation is that it was being driven rashly and negligently resulting in serious injuries on the person of the deceased who could not survive despite being taken to the Hospital. Due to his death the claimants have been rendered to suffer immensely domestically an...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-12-2001
Reported in : AIR2002MP91; 2002(5)MPHT220
J.G. Chitre, J. 1. The appellants are hereby putting exception to the judgment and order passed by the learned single Judge in the matter of W.P. 1691 /98. We are deciding this appeal finally at motion hearing stage because there has been a keen contest of the battle of arguments. When this Court was called on to decide the interlocutory application bearing No. M(C) P 1694/2001, by which the appellants prayed for an Interim relief, the arguments were advanced which were going to the root of the matter and touching the core of the controversy. The merit has been totally scanned out and churned out and, therefore, is as good as hearing this appeal finally.2. The appellants are running three units(1) Panjwani Packagings Pvt. Ltd.(2) Panjwani Plastics & Polyesters.(3) Panjwani Polypropylene Ltd. owned by Namdeo s/o Phatandas Panjwani, The appellants obtained a loan from M.P, Financial Corporation (MPFC). They could not repay the said loan according to the scheme of repayment when the loan ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-21-2001
Reported in : AIR2002MP62; 2002(1)MPHT84; 2002(2)MPLJ195
ORDERBhawani Singh, C.J. This batch of Writ Petitions (W.P. Nos. 3547 of 2001. M.P. Cement, v. State of M.P. and Ors., 3911 of 2001, Anant Spinning Mills Ltd. v. The State of M.P. and Ors., 3912 of 2001, Moral Overseas Limited v. The State of M.P. and Ors., 3926 of 2001, Ritspin Synthetics Limited v. The State of M.P. and Ors., 3928 of 2001, Pratibha Syntex Limited v. The State of M.P. and Ors., 3929 of 2001, Maikaal Fibres Limited v. The State of M.P. and Ors., 3933 of 2001, Nahar Spinning Limited v. The State of M.P. and Ors, 3940 of 2001, National Steel Industries Ltd. v. The State of M.P. and Ors., 3941 of 2001, Parasrampuria International Ltd. v. The State of M.P. and Ors., 3970 of 2001, Century Textiles and Industrial Ltd. v. The State of M.P. and Anr., 4020 of 2001, Hind Syntex Ltd. v. The State of M.P. and Ors., 4292 of 2001, J.K. Industries Ltd. v. The State of M.P. and Ors., 4549 of 2001, Grasim Industries Ltd. v. The State of M.P. and Ors., 4563 of 2001, Flex Chemicals ltd. ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-02-2001
Reported in : AIR2001MP135; 2001(5)MPHT130; 2001(3)MPLJ520
Arun Mishra, J.1. Present Letters Patent Appeals - L.P.A. No. 118/2000, L.P.A. No. 124/2000 and L.P.A. No. 127/2000 have been respectively preferred by M/s. Pressure Sensitive System (India) Limited, Union of India and M/s. Aristrocraft International Private Limited, aggrieved by the order passed in Writ Petition No. 4223/99 bysingle Bench of this Court on 3-4-2000, whereby the lowest tender of M/s. Pressure Sensitive System (India) Limited which was accepted by Union of India, has been quashed. The Union of India and its Security Paper Mills and lower tenderer which is M/s. Pressure Sensitive System (India) Ltd. are challenging the part of the order quashing the contract for supply of security thread used in currency notes whereas M/s. Aristrocraft International Pvt. Ltd. whose writ petition was allowed, has preferred Letters Patent Appeal No. 127/2000 aggrieved by part of the order holding M/s. Pressure Sensitive System (India) Ltd. eligible and qualified to make the supply.2. Govern...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-05-2001
Reported in : AIR2001MP289; 2001(3)MPLJ642
ORDERDipak Misra, J. 1. Two interesting and seminal questions of law that arise for consideration in this writ petition are : whether a Mayor while constituting the Mayor-in-council under the provisions of M. P. Municipal Corporation Act, 1956 (hereinafter referred to as the 'Act') is required to obtain prior consent of a councillor who is to be taken in as a member; and whether after the Mayor-in-Council is constituted if there is resignation of a member, the functions of the Mayor-in-Council to be carried out by the Municipal Corporation on the ground that it has lost its legal status To put it differently, can any elected councillor be compelled to act against his will; and whether vesting of power with the Municipal Corporation because of incomplete nature of the body, Mayor-in-council, would tantamount to the analogy of 'Matsya Nyaya' that the big fish devours the small one 2. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-16-2001
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
S.P. Srivastava, J.1. Finding a mist of confusion in the scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, in regard to the exclusion of the jurisdiction of the Civil Court in the matters relating to various rights which may require adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this Court, two learned Single Judges of this Court thought it appropriate to refer the questions of law framed by them for being considered and answered by a Full Bench so that the position in law may be clarified and this is how this matter has come up for consideration before the present Full Bench constituted by Hon'ble the Chief Justice.2. One of the learned Single Judges while hearing the aforementioned four second appeals involving the substantial question of law as to whether in view of the provisions of Section 57 of the Madhya Pradesh Land Revenue Code, the Civil Court h...
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