Madhya Pradesh Court September 1987 Judgments
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Shahzadibai Vs. Babukhan and ors.
Court: Madhya Pradesh
Decided on: Sep-16-1987
Reported in: I(1988)ACC24; [1990]68CompCas605(MP)
R.K. Verma, J.1. This is an appeal by the claimant-Shahzadibai, widow of the deceased, Nabinoor, against the award dated September 26, 1983, passed by the Motor Accidents Claims Tribunal, Mandsaur, in Claim Case No. 46 of 1978 whereby the learned Tribunal has awarded a compensation of Rs. 8,250 for the death of the deceased, Nabinoor, together with interest at 6% per annum from September 27, 1978, the date of filing the claim petition till realisation. 2. The facts giving rise to this appeal, briefly stated, are as follows : On March 28, 1978, the deceased, Nabinoor, who was employed as a cleaner by respondent No. 1, Babukhan, owner of the truck bearing Registration No. MPM-3221, died during the course of his employment as a result of the accident to the truck aforesaid which, while transporting a consignment of oranges from Bhawani Mandi to Bhilwara, turned turtle at a place called Gandhi Sagar No. 1. 3. On a claim petition having been filed by the appellant-widow and two others, the ...
Herald Stephen Benson Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-16-1987
Reported in: 1988CriLJ1008
ORDERK.L. Shrivastava, J.1. This order under Section 482 of the Cr. P.C. 1973 (for short 'the Code') pertaining to the Criminal Case No. 4697/75 pending in the Court of II Additional Chief Judicial Magistrate, Indore shall also dispose of M. Cr. Cases 1306/87 and 1307/87 filed by the same petitioner for similar reliefs of quashing the proceedings respectively in Criminal Cases Nos. 4698 and 4665 of the year 1975 pending in the same Court.2. Circumstances giving rise to this petition are these. In pursuance of three first information reports lodged by the Director Public Instruction, Bhopal at the M.G. Road Police Station, Indore in the year 1975 crimes under Section 408 IPC were registered against the present petitioner who was the Principal of a Higher Secondary School (Nutan Vidyalaya Kramank J), Indore, and one Neelkanth the Accountant.3. After investigation the aforesaid three criminal cases were filed against the present petitioner and Neelkanth. In all the three cases charges und...
Radha Kishan Vs. Bhagwan Das Choubey
Court: Madhya Pradesh
Decided on: Sep-15-1987
Reported in: AIR1988MP241
T.N. Singh, J.1. The crucial provision, of which interpretation is in issue, in this case, of the Madhya Pradesh Accommodation Control Act, 1961, for short, the Act, deserves to be quoted, at the outset, in extenso :'' 18. Recovery of possession for repairs and re-building and re-entry.-- (1) In making any order on the grounds specified in Clause (g) or Clause (h) of Sub-section (1) of Section 12, the Court shall ascertain from the tenant whether he elects to be placed in occupation of the accommodation or part thereof from which he is to be evicted; and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may be.(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or re-building place t...
Nanu and ors. Vs. Hayatkhan (Deceased Through L.Rs.) and ors.
Court: Madhya Pradesh
Decided on: Sep-15-1987
Reported in: II(1988)ACC10
R.K. Varma, J.1. This is an appeal by the claimant against the award dated 21-10-1983 passed by the Member, Motor Accident Claims Tribunal, Jhabua in Claim Case No. 14/81 whereby the learned Tribunal has dismissed the claim petition of the claimants.2. The facts giving rise to this appeal, briefly stated, are as follows:The deceased Narvar Singh alongwith one Lokendra Singh had been to Dohad on 7-4-1981 for purchasing parts of motor-cycle. After making the desired purchases at Dohad, the deceased and Lokendra Singh were given a lift by the driver of the truck bearing registration No. CPF 8081 which was going to Bhabra where the deceased wanted to go. The truck-driver had agreed to carry the deceased and Lokendar Singh as passengers of the truck for hire charges of Rs. 5/-. On the way while the truck was going past Sejwada, it ran over the heap of Gitties and turned turtle and the cabin of the truck in which the driver and the deceased were sitting, got crushed resulting in the death of...
Ashok Kumar Tiwari Vs. Maltibai W/O Ashok Kumar Tiwari and anr.
Court: Madhya Pradesh
Decided on: Sep-14-1987
Reported in: 1990(0)MPLJ67
ORDERP.C. Pathak, J.1. This is a revision by husband against ex parte award of maintenance to the non-applicants wife and minor child.2. On 28-12-1985, the non-applicants filed an application claiming Rs. 500/- p.m. to her and Rs. 300/- p.m. to the child as maintenance on the allegations that they were married about 5 years ago but their marital life was disrupted by dowry demands and finally the applicant turned her out of the house with four months' pregnancy. The non-applicants served a notice dated 25-10-1985 demanding maintenance but of no avail. The N.As. submitted that the applicant has substantial income from Press, house-rents, sale of milk and agriculture.3. On 4-3-1986, the applicant's counsel appeared and took time to file written statement on 2-4-1986. Since no reply was filed, the applicant was allowed further time subject to payment of costs Rs. 25/-. On 1-5-1986 his counsel filed the written statement without paying the costs. The learned trial Court therefore passed an...
Ramlal Satnami and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-11-1987
Reported in: 1990(0)MPLJ123
P.C. Pathak, J.1. In a prosecution under sections 147, 307/149, 452, 325/149 and 323/149, Indian Penal Code, the appellants Ramlal, Chetram Shyamlal, Ashok and Bilwa @ Chowalal were found guilty and sentenced :Under section 147, Indian Penal Code - R.I. for three monthsUnder section 323/149, Indian Penal Code - R.I. for three monthsUnder section 325/149, Indian Penal Code - R.I for six monthsUnder section 452, Indian Penal Code - R.I. for two years anda fine of Rs. 250/-, in default R.I. for three months.2. The learned trial Court held that the appellants having formed an unlawful assembly and made preparations to cause hurts, committed trespass into the house of Kashinath (P.W.2) and voluntarily caused grievous and simple hurts to Badri (P.W.4), Deuti Bai (P.W.3), Birjhia Bai (PW5), Prakash (P.W.8) and Laxman (P.W.9). The appellants and complainants viz. Badri, Deuti Bai, Birjhia Bai, Prakash and Laxman have applied for permission to compound the offence under section 325/149 and have...
Chandra Shekhar Agarwal Vs. Krishi Upaj Mandi Samiti, Seoni and ors.
Court: Madhya Pradesh
Decided on: Sep-10-1987
Reported in: AIR1988MP281; 1988MPLJ13
N.D. Ojha, C.J.1. This writ petition seeks quashing of the order dated 15-1-1987, a copy whereof has been filed as Annexure-E with the writ petition.2. The petitioner is carrying on business of grains at Seoni and holds a licence from the Krishi Upaj Samiti, Seoni, the respondent No. 1, for the said purpose. By the impugned order dated 15-1-1987, the petitioner was informed that this licence had been cancelled for non-payment of the amount mentioned in the said order which according to the petitioner, represents the amount of interest on the price of agricultural produce as the said amount of price had not been paid by the petitioner to the agriculturist concerned within 5 days of the date of sale. The cancellation purports to be under Section 37(2) of the M.P. Krishi Upaj Mandi Adhiniyam, 1973, (hereinafter referred to as the Adhiniyam). The constitutional validity of Clause (c) of Sub-section (2) of Section 37 has also been challenged in the present writ petition.3. In order to appre...
Commissioner of Gift-tax Vs. Smt. Kamla Devi Bhanot and ors. (Legal Re ...
Court: Madhya Pradesh
Decided on: Sep-10-1987
Reported in: (1988)72CTR(MP)34; [1988]171ITR398(MP)
N.D. Ojha, C.J.1. The Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred the following question to this court for its opinion under Section 26(1) of the Gift-tax Act, 1958 (hereinafter referred to as 'the Act '):' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that transfer by the assessee of 40% of the value of the goodwill and of the development rebate reserve is for consideration and that there was no gift within the meaning of Section 2(xii) read with Section 4(1)(c) of the Gift-tax Act '2. The necessary facts which emerge from a perusal of the record are that the predecessor-in-interest of the present non-applicants, namely, Banar-sidas Bhanot, who shall hereinafter be referred to as the assessee, was a partner in the firm, M/s. Banarsidas Bhanot and Sons, Jabalpur, having 60% share. The remaining 40% share was held by Dharam Pal Sharma. It further appears that there was another partnership firm in the nam...
Sushila Devi and ors. Vs. Kachrabai and ors.
Court: Madhya Pradesh
Decided on: Sep-10-1987
Reported in: 1994(0)MPLJ362
S.K. Seth, J.1. The plaintiff filed the present suit for specific performance of a contract of sale against the defendants on 11-12-1978. It was alleged by him that vide Ikrarnama dated 3-12-1977 the defendant No. 1 had agreed to sell the suit plot together with the house standing thereon to him for a consideration of Rs. 5,000/-. It was further alleged by him that he had paid Rs. 4,000/- to the defendant No. 1 on the same day and that it had been agreed between them that he would pay the balance amount of Rs. 1,000/- to the defendant No. 1 before the Sub-Registrar within a period of three months. According to him, thereafter, he repeatedly requested the defendant No. 1 to execute the sale deed and accept the balance amount of Rs. 1,000/- from him but the defendant No. 1 evaded the issue and did not comply with the request. It was in the said circumstances that after giving a registered notice to the defendant No. 1 through his lawyer on 14-6-1978 that he was required to institute the ...
Gajra Bevel Gears Limited Vs. the Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-09-1987
Reported in: 1988(16)ECC209
ORDERG.G. Sohani, J.1. For the reasons stated in the order delivered by us today in Steel Ingots Private Limited, Indore v. The Union of India and Two Ors. (Misc. Petition No. 264 of 1987) [1988] 16 ECC 205 (MP), this petition is allowed. The Orders No. G.B.G.L./Misc/86/267 dated 11-3-1987 (Annexure 'C') and No. G.B.G.L./Misc./86/249 dated 6-3 1987 (annexure 'D') passed by the Superintendent, Central Excise, Range-II, Dewas, are quashed. The proper officer shall, however, be at liberty to take action afresh, according to law, under Rule 57-I of the Central Excise Rules, 1944, after giving reasonable opportunity to the petitioners to show cause why such action be not taken. In the circumstances of the case, parties shall bear their own costs of this petition....
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