Madhya Pradesh Court July 1984 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Hamid Raza Vs. Supdt., Central Jail and anr.
Court: Madhya Pradesh
Decided on: Jul-18-1984
Reported in: 1985CriLJ642
C.P. Sen, J.1. This petition under Article 226 of the Constitution has been sent by the convict Hamid Raza who was undergoing jail sentence in Central Jail, Rewa, claiming Rs. 14,860/- as damages for his illegal detention and interest @ 10% per month on the amount assessed. He has also requested for giving the assistance of an Advocate as an amicus curiae. Accordingly Shri D.M. Dharmadhikari appeared as amicus curiae and Shri S.L Saxena, Govt. Advocate, appeared for the State.2. The petitioner was prosecuted Under Section 395/397 in Sessions Trial No. 40 of 1978 and Under Section 307 read with Section 149 I.P.C. in Sessions Trial No. 42 of 1978 in the Court of Second Additional Sessions Judge, Rewa. Both the cases were consolidated and tried together and the petitioner was convicted Under Sections 395 and 307/149 I.P.C and sentenced to R.I. for four years on each count, both the sentences to run concurrently as per judgment delivered on 11-11-1978. The petitioner preferred Criminal App...
Amritlal and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-18-1984
Reported in: 1985CriLJ1096
C.P. Sen, J.1. By this order Misc. Petition No. 2886 of 1983 (Rajaram v. State of M. P.) is also disposed of, as the question involved is the same. They are challenging the notification of the State Government No. 6-131/3/Jail/83 dated 10-8-1983 under which it has been notified that all those prisoners who were convicted to life imprisonment prior to 18-12-1978 would be entitled to be released on completing 17 years of jail sentence, including remissions, and those prisoners who have attained the age of 65 years would be released on completing 14 years of jail sentence, including remissions. According to the petitioners, this is discriminatory and violates Article 14 of the Constitution.2. The 3 petitioners, Amritlal, Ganpat and Chaitram have filed Misc. Petition No : 2794 of 1983 alleging that they are undergoing imprisonment for life since the year 1974-75 and they have already completed 14 years of jail sentence, including remissions. In Misc. Petition No. 2886 of 1983, the petition...
Malwa Vanaspati and Chemical Company Ltd. Vs. Commissioner of Income-t ...
Court: Madhya Pradesh
Decided on: Jul-17-1984
Reported in: (1985)44CTR(MP)90; [1985]154ITR675(MP)
Mulye, J. 1. The applicant assessee, M/s. Malwa Vanaspati & Chemical Co. Ltd., Indore, has filed this reference application under Section 256(2) of the I.T. Act, 1961, with a prayer to direct the Income-tax Appellate Tribunal, Indore Bench, Indore, to draw up a statement of the case and refer the following questions of law, proposed by the applicant to this court for its opinion :' 'A' Assessment year 1978-79 : (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the disallowance of the claim of sales tax at Rs. 16,914 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in treating the sum of Rs. 16,914 as trading receipt ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that even in spite of following the mercantile system of accounting, the accrued liability of sales tax can be claimed on actual payment basis only ?' ' 'B ' Assessment year...
Malwa Vanaspati and Chemical Co. Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jul-17-1984
Reported in: [1985]154ITR655(MP)
Mulye, J. 1. The Income-tax Appellate Tribunal, Indore Bench, Indore, at the instance of the assessee, has made this reference under Section 256(1) of the I.T. Act, 1961, for the opinion of this court on the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that set on of bonus as per Section 15(2) of the Payment of Bonus Act, 1965, at Rs. 3,24,800 is not allowable as business expenditure, in computing the assessee's income for the assessment year 1978-79?'2. The relevant facts of the case as per the statement of facts furnished by the Tribunal may be stated in brief, thus : The assessee, the Malwa Vanaspati and Chemical Company Ltd., Indore, is a private limited company carrying on business of manufacture of hydrogenated oil and allied products. For the assessment year 1978-79, the assessee-company claimed, inter alia, an amount of Rs, 3,24,800 as 'set on of bonus' representing a sum out of the allocable surpl...
Lala Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-16-1984
Reported in: 1985CriLJ571
K.L. Shrivastava, J.1. This appeal is directed against the judgment dt. 30-9-1981 passed by the Sessions Judge, Rajgarh (Biora) in S.T. No. 23 of 1981 convicting the appellant Lala and his co-accused Rughnath (since deceased) of the offence Under Section 376 I.P.C and sentencing each of them to S.I. for one year.2. According to the prosecution, the appellant and his co-accused Rughnath had committed rape on Mst. Prembai, a minor girl aged about 12-13 years on 5-1-81 within the jurisdiction of the police station Machalpur in District Rajgarh (Bioral).3. The case was committed to the Court of Session by the Chief Judicial Magistrate Rajgarh by his order dt. 6-4-81 and after the trial, the Sessions Judge convicted and sentenced the appellant as stated above. However, in view of Sections 26 and 27 of the Children Act 1928, he ordered that the appellant be sent to the Reformatory School Narsinghpur.4. In this appeal, the conviction and sentence passed against the appellant Lala have been ch...
Raj Kumar Vs. Mahendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-12-1984
Reported in: 1(1985)ACC336
P.C. Pathak, J.1. This appeal, under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act,) is directed against an award dated 15-12-1981, passed by Shri V.D. Bajpai, Motor Accident Claims Tribunal Seoni, in Motor Claims Case No. 18 of 1981, wereby the appellant-claimant prays for enhancement of compensation against the respondents.2. The appellant filed an application under Section 110-A of the Act for compensation of Rs. 1,04,847/- under different heads, out of which the Tribunal accepted the claim for Rs. 6,200/- only together with interest @ 6% from the dated of application till realisation, against the respondents.3. The facts giving rise to the claim are that on 23-5-1980, at about 1.30 p.m., the appellant's truck MPC 474, loaded with wooden logs, was coming on the National Highway from Khawasa towards Seoni and, at the relevant time, the truck was ascending Kurai Valley, An other truck MPG 2192, owned by respondent No. 1 and driven by respondent No....
Lajwanti and anr. Vs. Keshav Prasad Soni and ors.
Court: Madhya Pradesh
Decided on: Jul-12-1984
Reported in: II(1984)ACC281
P.C. Pathak, J.1. This appeal, under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is by the claimants aggrieved by the quantum allowed to them, by an award dated 17-11-1977, passed in M.A.C.C. No. 32 of 1974, by the Court of Shri N.K. Singh, Motor Accident Claims Tribunal Jabalpur.2. Facts, in brief, are that on 28-8-1974, at about 10-30 p.m., deceased Sardar Indrajeet Singh, aged about 23 years, while driving tempo MPJ 4495, met with an accident, on collision with Truck MPJ 1352, owned by respondent No. 1, Keshav Prasad and driven by Sk. Hafeez respondent No. 2 at the crossing point of the two roads in Napier Town, Jabalpur. The deceased succumbed to the injuries in the Victoria Hospital at about 3.40 a.m. on 29-8-1984. The two claimants No. 1 and 2, mother and father, aged 40 and 50 respectively, submitted that the deceased was earning Rs. 400/- p.m., and after spending Rs. 100/- p.m. on himself, used to contribute Rs. 300/- each month. They al...
Rewalal and anr. Vs. Smt. Kamlabai
Court: Madhya Pradesh
Decided on: Jul-11-1984
Reported in: 1986CriLJ282
ORDERS.K. Seth, J.1. The present revision arises out of an application under Section 125 of the Code of Criminal Procedure made by Smt. Kamlabai in the Court of Judicial Magistrate and pending disposal in the said Court. In the said application, Smt. Kamlabai claimed maintenance from her 'son' and two 'step sons'.2. The Judicial Magistrate accepted the preliminary objection taken by the 'step sons' that the application of Smt. Kamlabai was not maintainable against them. Smt. Kamlabai preferred a revision before the Court of Session. The Court of Session was of the view that the term 'mother' as used in Section 125 Cr. P.C. included a 'step mother'. But, then, it did not express any final opinion on the point. It set aside the order passed by the Judicial Magistrate and left the point to be decided by the Judicial Magistrate along with other points at the time of final disposal of the case. It is being aggrieved by the order passed by the Court of Session that the 'step sons' have filed...
Sheikh Munavvar and Kulsum Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-05-1984
Reported in: II(1984)ACC205
P.D. Mulye, J.1. The claim petition, filed by the claimant-appellants for compensation, having been dismissed by the Member, Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 7 of 81, they have filed this appeal Under Section 110-D of the Motor Vehicles Act.2. Facts giving rise to this appeal, may be stated, in brief, thus: The appellan are the parents of the deceased Sheikh Usuf, who died as a result of the accident that occurred to the tractor on 31-12-80, in which as a result of the injuries sustained by him he died on 7-1-81. The deceased Sheikh Usuf at the time of his death was aged about 20 years and was working at the of per month as emoluments though he was engaged on a daily basis. Further according to the claimants the deceased was working as a dtivet on the said tractor for which he had a driving licence.3. Construction of a Government tank was going on at Bahadurpada under the jurisdiction of Sub-Engineer, Irrigation Department, Thandla at the relevant time in whic...
Rewa Coalfields Ltd. Vs. Sardar Trilok Singh and anr.
Court: Madhya Pradesh
Decided on: Jul-05-1984
Reported in: II(1984)ACC252
Faizan Uddin, J.1. The order passed in this appeal will also govern the disposal of Misc. (First) Appeals Nos. 36,37, 38,39,40,41,42, 43, 44, 45, 46, 47, and 48 all of 1978, against the orders dated 5-11-1977 passed by the Labour Court Shahdol in Workmen's Compensation Cases Nos. 33/77, 34/77, 35/77, 36/77 (f), 37/77(0, 38/77(f), 43/77(NF), 45/77(NF), 48/77(NF), 50/77(NF) 51/77(F), 52/77(NF), 53/77(NF) and 54/77(F), respectively.2. The facts in brief leading to these 14 appeals are that respondent No. 1 Sardar Trilok Singh had entered into a contract dated 1st January, 1971 with the appellant to transport coal belonging to the appellant company from its mining area to the works of M/S Orient Paper Mills Ltd. at Amlai on the terms and conditions embodied in the agreement Ex.D-1. The said contractor respondent No. 1 engaged some persons as workmen for loading trucks at the mining area of the appellant and for unloading the same at the work of Orient Paper Mills Amlai. On 1st February, 19...
- ‹ Prev
- 1
- 3
- Next ›
- Last »