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Madhya Pradesh Court October 1988 Judgments

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Oct 05 1988

State of Madhya Pradesh Vs. Ramprakash and ors.

Court: Madhya Pradesh

Decided on: Oct-05-1988

Reported in: 1989CriLJ1585

ORDERT.N. Singh, J.1. The Death Reference and appeals by the convicts challenging the verdict rendered against them finding them guilty under Sections 302 and 201, I.P.C., are heard together and are being disposed of by this common judgment. Although five persons were put up on trial, learned Second Additional Sessions Judge, Morena, acquitted one of them, but finding the appellants guilty under Section 302, I.P.C., imposed on each of them death sentence in addition to a sentence of seven years' R.I. under Section 201, I.P.C.2. For the murder of two persons, named Rameshwar and Gabbar, each of the appellants had been charged separately under Section 302, I.P.C., the date of occurrence was given as 9-11-1984 specifying the place of occurrence, namely, field Akhepura on the bank of river Kwari, and the fact of strangulating and beheading the deceased. The frame of the charge amply reflects the dilemma which the prosecution had to face because of absence of any direct evidence of the occu...


Oct 04 1988

Hemraj Vs. State Industrial Court and ors.

Court: Madhya Pradesh

Decided on: Oct-04-1988

Reported in: [1989(58)FLR768]; (1994)IIILLJ327MP

B.C. Varma, J.1. The petitioner was Mechanic-II in the employment of the Madhya Pradesh State Road Transport Corporation and in the year 1970 was posted at Seoni Depot. He applied for leave for two days i.e... 15.1.1974 and 16.1.1974. He overstayed the leave and joined only on 29.1.1974. During this period he did not apply for extension of leave. On the same day i.e. on 29.1.1974 his services were dispensed with in terms of Clause 8(e) of the Standard Standing Orders vide order dated 29.1.1974. Since the order was issued by the Depot Manager, he filed an appeal before the Divisional Manager which was rejected on 6.9.1974. He again preferred an appeal to the General Manager. This was also rejected on 21.1.1978. He then went on making fruitless representations before he gave notice on 2.6.1980. As no settlement was arrived at he filed an application under Section 31(3) of the Madhya Pradesh Industrial Relations Act, 1960 before the Labour Court. A preliminary objection was taken by the e...


Oct 03 1988

Ashok Kumar Sable Vs. Divisional Manager, Indian Oil Corporation Ltd., ...

Court: Madhya Pradesh

Decided on: Oct-03-1988

Reported in: AIR1989MP308; 1990MPLJ148

Y.B. Suryavanshi, J.1. The orderspassed in Misc. Petition No. 2296 of 1985shall also govern disposal of Misc. PetitionNo. 3398 of 1986, since they relate toconnected matters, namely, Distributorshipof Liqufied Petrolium Gas (LPG) commonlyknown as 'cooking gas', for Sarni area inrevenue district Betul. Both these petitionsare under Articles 226 and 227 of theConstitution of India. In M.P. No. 2296/85,the petitioner Ashok Kumar Sable, who wasone of the applicants for Distributorship ofLPG, is aggrieved against the appointment ofDistributorship of respondent 3 ManoharlalAdwani, and the prayer is to quash the letterof intent (Annexure P-4), dt. 18-6-1985(Document No. 1 in M.P. No. 3398/86) forappointment for Distributorship of LPG atSarni on the ground that the said Manoharlalwas not eligible for such appointment. Thefurther prayer is that the respondents bedirected to appoint the petitioner AshokKumar Sable. In the other petition, M.P.No. 3398/86, the petitioner, ManoharlalAdwani has chal...


Oct 03 1988

S.R. Kalani (Huf) Vs. Commissioner of Income-tax

Court: Madhya Pradesh

Decided on: Oct-03-1988

Reported in: (1988)73CTR(MP)160; [1989]177ITR259(MP)

G.G. Sohani, Actg. C.J. 1. The order in this case will also govern the disposal of Miscellaneous Civil Case No. 137 of 1986 (S.R. Kalani and Co. v. CIT).2. The material facts giving rise-to these references, briefly, are as follows :One Shri Shivprasad Kalani died issueless in the year 1921 leaving behind his widow, Smt. Badamibai. Some time in the year 1927, Smt. Badamibai adopted Sitaram Kalani, who was about 10 years old at the time of adoption. On attaining majority, Sitaram Kalani became the karta of the assessee-Hindu undivided family. Till the year 1935, Shri S. R. Kalani was living with his adoptive mother at Neemuch but thereafter, he shifted to Indore and started Hindu undivided family business under the name and style of S. R. Kalani and Co. The first wife of the assessee died in the year 1952 leaving behind two daughters and a son. Shri S. R. Kalani married again in the year 1953 and thereafter the Hindu undivided family consisted of Shri S. R. Kalani as karta, his second w...


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