Madhya Pradesh Court August 1989 Judgments
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Nattu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-22-1989
Reported in: 1990CriLJ1567
S.D. Jha, J.1. The appellant Bhalia was convicted under Sections 366 and 376, I.P.C. by judgment dated 20-5-1986 delivered by the Additional Judge to the Court of Sessions Judge, Jhabua Camp, Alirajpur in Sessions Trial No. 428 of 1985 and sentenced to suffer 2 years' R.I. on the first count and four years R.I. on the second count. By the same judgment the appellant Natu was convicted under Section 366, I.P.C. and sentenced to suffer 2 years' R.I. and another appellant Sekdiya was also by the same judgment convicted under Section 366, I.P.C. (but he is reported to have died during the pendency of this appeal) and sentenced to two years' R.I. The two appellants through this appeal challenge their conviction and sentence.2. The prosecution case is that on 5-5-1985 at about 7 a.m. from near village Kosariya the two appellants with deceased appellant Sekdiya kidnapped or abducted Islibai (P.W.1) said to be 14 or 15 years of age, in order that she may be married to the appellant Bhaila and ...
Mukesh and ors. Vs. Kishorsingh Tomar and ors.
Court: Madhya Pradesh
Decided on: Aug-22-1989
Reported in: 1990ACJ527
T.N. Singh, J.1. The claimants are appellants, who have assailed the award of Motor Accidents Claims Tribunal, Gwalior, claiming enhancement.2. The deceased Bhawani was in the employment of the Railways and he met his death on 30.6.1981 at about 10.00 p.m. in a motor accident. The Matador vehicle involved in the accident, registered No. MPW 8415, was insured admittedly with respondent No. 3 on the relevant date but the insurer-respondent has not produced and proved the insurance policy of the vehicle.3. Admittedly, the deceased was drawing a salary of Rs. 482/- per month and he was about 40 years of age on the date of death. The Tribunal passed an award in the sum of Rs. 21,580/- and also awarded interest at the rate of 9 per cent per annum and in making that award took the view that the dependency of the claimants could be laid at the most in the sum of Rs. 150/- per month. He reached the figure of Rs. 23,400/- but made deductions of 30 per cent. However, for pain and suffering and al...
Varsingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-22-1989
Reported in: 1990CriLJ174
S.D. Zha, J.1. Appellant Varsingh (hereinafter called 'the accused') challenges his conviction under Section 436 of the I.P.C. and sentence of two years rigorous imprisonment awarded by the Additional Judge to the Court of Sessions Judge, Jhabua by his judgment dated 5-4-1986.2. Accused Varsingh was charged under Section 436 of the I.P.C. for having committed mischief by fire by setting fire on 29-6-1985 to a hut of Zhapdibai used as a human dwelling and for storing property. There were three other accused, who were charged under Section 436/34 of the I.P.C. and acquitted by the judgment.3. The prosecution case is that Lalsingh (P.W. 1) and his wife Zhapdibai (P.W. 6) on 29-6-1985 at about 10.11 a.m. were at their hut. The accused persons and Lalsingh (P.W. 1) uncle of acquitted accused Premchand were getting their land measured. There was dispute over measurement of land. Lalsingh was not agreeing with the measurement and claimed some more land to be his own. Accused Varsingh and acqu...
Smt. Lalita James and ors. Vs. Ajit Kumar and ors.
Court: Madhya Pradesh
Decided on: Aug-21-1989
Reported in: AIR1991MP15
Gulab C. Gupta, J.1. This is defendants' first appeal under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 6-5-1985 passed by Shri A.N. Thakur, VIth Additional Judge to the Court of District Judge, Jabalpur, in Civil Suit No. 2-A of 1978, directing them to deliver vacant possession of area 36885 sq, ft. of land of plot No. 434, Gorakhpur, Jabalpur together with costs.2. The facts of the case tell the unfortunate history of family feud and love. Labour-lost between two sisters. One Shir P.S. Chouhan, an Indian Christian, admittedly owned vast properties including houses, outhouses and 5.74 acres of open land at Gorakhpur, Jabalpur. He was unmarried and issueless and, therefore decided to give-away the said properties to his two sisters, Mrs. Dayabai Lakshmanan and Mrs. Grace Pritabai Morris, in equal shares and for that purpose executed a registered gift deed on 8-4-1935. Mrs. Dayabai Lakshmanan is now survived by appellants Nos. 2, 3 and 4 while Mrs. G...
Smt. Indubai and anr. Vs. Jawaharlal and anr.
Court: Madhya Pradesh
Decided on: Aug-21-1989
Reported in: AIR1990MP80
Gulab C. Gupta, J.1. This judgment will also govern the disposal of First Appeals Nos. 44/1983, 46/1983 and 47/1983 which involve common legal and Tactual controversy.2. This is defendant's first appeal under Section 96, C.P.C., against the judgment and decree dated 20lh January, 1983 passed by Shri L.S. Nihalani, First Additional Judge to the Court of District Judge, Raipur, in Civil Suit No. 6-A/ 1967, directing the appellant to deliver vacant possession of the suit land together with mense profits at the rate of Rs. 300/- per month from the date of the suit till delivery of the possession.3. These four appeals arise out of four different suits which were subsequently consolidated in the trial court and which had a common defendant. Property in dispute in all the appeals is part 'Khairagarh Bada' situate in Rikhiya Para, Raipur. It appears that Raja Kamalnarayan Singh had purchased the entire Bada consisting of 10.32 acres of land on 11-1-1907 from one Kasturchand and since then it r...
Smt. Basant Kumari and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-21-1989
Reported in: AIR1990MP160; 1990MPLJ4
G. G. Sohani, Ag. C.J. 1. The Order in this case will also govern the disposal of Misc. Petitions Nos. 3836, 3770, 3892, 3827, 4075, 4079, 4098, 4099, 4144, 4145, 4150, 4157, 4158, 4159, 4160, 4168, 4170, 4172, 4175, 4182, 4186, 4189, 4204, 4207, 4210, 4216, 4221, 4247, 4234, 4235, 4237, 4249, 4251, 4259, 4262, 4275, 4278, 4282, 4283, 4284, 4296, 4297, 4305, 4329, 4332, 4333, 4336, 4337, 4346, 4353, 4354, 4365, 4365, 4366, 4372, 4373, 4374, 4375, 4378, 4379, 4383, 4384, 4386, 4387, 4388, 4389, 4390, 4394, 4395, 4396, 4397, 4398, 4399, 4401, 4416, 4426, 4430, 4449, 4459, 4463, 4464, 4465, 4466, 4469, 4474, 4476, 4480, 4481, 4482, 4499, 4505, 4511, 4512, 4514, 4515, 4516, 4517, 4518, 45!9, 4522, and 4524 of 1988 and 5,6,10,26,32,34,35,37,38,39,41,42,47,48, 51,53,55,65,66,76,80,82,83,85,89,91,92, 93,97,98,99,100,109,116,118,120,124,131, 133, 135, 137, 144, 152, 154, 155, 156, 157, 158, 164, 165, 167, 170, 172, 173, 176, 177, 178, 186, 187, 192, 193, 194, 195, 202, 205, 206, 207, 208, 218,...
Bhansingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-21-1989
Reported in: 1990MPLJ339
Y.B. Suryavanshi, J.1. This Criminal Appeal No. 629 of 1989 and Criminal Reference No. 5 of 1989 arise out of Judgment and findings, dated 23-6-1989, of the Court of Shri D.P. Verma, A.S.J., Mandla, in S.T. No. 132/88. The appellant Bhansingh GOND has been convicted for the murder of RAJOBAI, aged 3 years, under Section 302, Indian Penal Code and sentenced to death and the proceedings and the case under Section 366 Criminal Procedure Code have been submitted for confirmation of sentence under Section 368, Criminal Procedure Code. This Judgment in Criminal Appeal No. 629/89 will also govern the disposal of three Criminal Appeals viz. No. 628/89 (Criminal Ref. No. 4/89), No. 630/89 (Crimminal Ref. No. 6/89) and Criminal Appeal No. 631/89 (Criminal Ref. No. 7/89) arising out of Judgments delivered on the same date i.e. 23-6-1989 respectively, arising out of Sessions Trials Nos. 131/88, 133/88 and 134/88, further convicting the appellant-Bhansingh under Section 302 Indian Penal Code for th...
Shri Prakash Mishra Vs. Sports Authority of India
Court: Madhya Pradesh
Decided on: Aug-19-1989
Reported in: (1990)IILLJ416MP
ORDERT.N. Singh.J1. Dedicated to the hallowed memory of the legendary heroine of the First War of Independence, Maharani Laxmibai, is the National College of Physical Education at Gwalior, popularly called LNCPE. Established by the Union Ministry of Education and Culture., its management currently vests in the Sports Authority of India, successor to the erswthile Society for the National Institute of Physical Education and Sports, shortly, SNIPES.2. From what has come on record, it is established that the petitioner was working as Resident Audit Officer at the Bhilai Steel Plant in the year 1985 when he appeared at an interview held on 14th April 1985 for the post of Administrative Officer at LNCPE, Gwalior. From Annexure R/1 it is disclosed that he was selected and was offered appointment in the said post, said to be a 'permanent post', on the following, among other, terms and conditions:'4. You will be on probation for a period of two years from the date of your joining and during wh...
S.R. Kalani (Huf) Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Aug-18-1989
Reported in: [1991]192ITR303(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion ;'Whether, on the facts and in the circumstances of the case, the Tribunal was right in following its earlier decision dated March 25, 1975 and in holding that the amounts alleged to have been given to Smt. Badamibai and gifts made by her to her grand-children and income accrued thereon continued to belong to the assessee-Hindu undivided family and was liable to be assessed in the hands of the assessee-Hindu undivided family under the Wealth-tax Act ?'The material facts giving rise to this reference, briefly, are as follows :The assessee is assessed in the status of a Hindu undivided family. For the assessment years in question, the assessee contended that there was a partial partition of the Hindu undivided family and a sum of Rs. 1,00...
J.K. Jajoo Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-18-1989
Reported in: [1990]181ITR410(MP)
G.G. Sohani, Actg. C.J.1. As directed by this court, the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was guilty of concealing the particulars of his income-and was liable to pay penalty under the provisions of Section 271(1)(c) of the Income-tax Act, 1961 ?'2. The material facts giving rise to this reference, briefly, are as follows :3. The assessee is an individual deriving income from business as an agent of the Life Insurance Corporation of India. For the assessment year 1969-70, the assessee disclosed in his return income of Rs. 26,341 claiming expenses amounting to Rs. 18,900. This claim for expenses was not upheld by the Income-tax Officer and the assessment was made on a total income of Rs. 35,988. The Income-tax Officer also initiated penalty proceedings against the assessee ; as the amoun...
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