Madhya Pradesh Court March 1990 Judgments
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imrat and ors. Vs. Lanjua and ors.
Court: Madhya Pradesh
Decided on: Mar-08-1990
Reported in: AIR1991MP135; 1991(0)MPLJ164
T.N. Singh, J.1. The occasion for this reference arose on petitioner's counsel citing two Bench decisions of this Court and placing implicit reliance thereon when the matter came before two of us sitting in a Division Bench. He contended that interpretation therein of the relevant statutory previsions was holding on us and the law therein laid down was based on valid and sound propositions. That position being disputed and finding apparent merit in the challenge to the views taken in the decisions cited, this reference was made.2. It is not necessary to deal or decide any fact except to the cutting briefly petitioner's case. Respondent No. 1 had executed a registered sale-deed in his favour on 30-12-1978 in respect of an area of 3.125 hastaram of agricultural land for a consideration of Rs. 2.000/-. Out of that amount Rs. 200/- had been paid earlier and Rs. 1,800/- was paid at the time of registration. Petitioners got possession of that land and had been cultivat-ing the same. On 11-4-...
Commissioner of Wealth-tax Vs. Sureshchandra Agrawal
Court: Madhya Pradesh
Decided on: Mar-08-1990
Reported in: [1990]185ITR396(MP)
A.G. Qureshi, J. 1. This order shall govern the disposal of Miscellaneous Civil Case No. 183 of 1989 (CWT v. Sureshchandra AGRAWAL) and Miscellaneous Civil Case No. 184 of 1989 (CWT v. Sureshchandra AGRAWAL). Both these applications are being decided together as the facts and questions of law raised before us are identical.2. The Commissioner of Wealth-tax, Bhopal, has filed both the applications under Section 27(3) of the Wealth-tax Act, 1957, seeking a direction to the Income-tax Appellate Tribunal to send the statement of the case on the following questions of law to this court:'(a) Whether, on the facts and in the circumstances of the case, the Tribunal is legally correct in confirming the order of the Appellate Assistant Commissioner by which the Appellate Assistant Commissioner directed the Wealth-tax Officer to work out the penalty imposable for the assessment year under consideration ? (b) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Trib...
Bhaggo W/O Roshanlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-07-1990
Reported in: 1990MPLJ838
T.N. Singh, J.1. Appellant has been charged and convicted for murder of her two sons, Bhoopsingh aged 9 years and Chulli, aged 4 years. She has been sentenced to rigorous imprisonment for life.2. The occurrence took place on 12-7-1982 and in that regard F.I.R. was lodged by P.W. 1, Samanta, appellant's husband's elder brother. That we have carefully perused. Because, defence counsel, Shri G. K. Pandey, has drawn our attention to the evidence of D.Ws. 1 and 2, Ramnarayan and Mohan. Counsel has complained that prosecution did not discharge its duty justly and fairly and the trial Court has similarly defaulted. That submission is made because material is disclosed in the F.I.R. (Ex. P-2) and in the evidence of D.Ws. suggesting that the appellant was not a normal person. Whether she was insane or the occurrence took place during lucid interval was the question to which Court ought to have addressed itself but that has not been in this case. Prosecution's duty-lapse is more grave as in the ...
Gangabai Vs. Shriram Alias Shrikishan
Court: Madhya Pradesh
Decided on: Mar-07-1990
Reported in: 1991CriLJ2018
ORDERV.D. Gyani, J.1. This petition under Section 482, Cr. P. C. is directed against a revisional order dated 7-8-1984, passed by IVth Addl. Sessions Judge, Indore, in Criminal Revision No. 27 of 1983, thereby quashing the order of maintenance dated 20-1-1983, passed by the Judicial Magistrate, Ist Class, Indore, in Misc. Criminal Case No. 860 of 1977 awarding maintenance allowance of Rs. 100/- per month to the petitioner from 2-7-1982. Aggrieved by this order, the wife has presented this petition.2. Initially, none appeared for the respondent, but Shri Maheshwari made his appearance when the order which was being dictated upon hearing the petitioner, was at its fag end, and requested the court to afford him an opportunity of being heard, as he was busy before the Division Bench and as such could not make his appearance when the case was called. He also made an application (I. A. No. 118/90). He was accordingly heard on merits of the case, allowing his prayer.3. The trial court has fou...
Baij Nath Rajput Vs. Narayan Prasad Gupta
Court: Madhya Pradesh
Decided on: Mar-06-1990
Reported in: AIR1991MP101; 1991(0)MPLJ241
B.C. Varma, J.1. The appellant-defendant is admittedly a tenant in certain premises of which the respondent-plaintiff is the owner-landlord. Desirous of exercising his right of reversion and to secure possession from the appellant, the respondent instituted the action against the appellant for his eviction from the suit accommodation before the Rent Controlling Authority, Jabalpur on the ground that the premises are bona fide required by him for his occupation. As the law then stood, the action was required to be instituted by applicant under Section 23-A of the Madhya Pradesh Accommodation Control Act, 1961 before the Rent Controlling Authority. Special procedure was prescribed for dealing with such applications. The relevant part of that procedure is that the defendant-tenant in those proceedings was required to apply and obtain leave to defend within a specified period of 15 days of the service of the notice of the application upon him. It is only when such leave was granted, that t...
Gomtibai W/O Motilal Vs. Ratan Prakash Ramnath Jha
Court: Madhya Pradesh
Decided on: Mar-06-1990
Reported in: 1990MPLJ660
ORDERT.N. Singh, J.1. In this petition under Article 227 of the Constitution, two orders are challenged. One was passed in an Execution Proceeding, on 5-12-1986, by learned Civil Judge, Class I, Dabra, and the other, on 18-2-1989, in revision, by the learned Fourth Additional District Judge, Gwalior, confirming that order. Those orders had common source in the application of respondent filed on 12-8-1985 in the Execution proceeding (Annexure R/1 of the return), claiming discharge from the decretal debt in terms of the provisions of the Madhya Pradesh Gramin Rin Vimukti Adhiniyam, 1982, for short, the Adhiniyam.2. Before us, those orders are challenged on the ground of jurisdictional incompetence of the courts concerned. In regard to facts, therefore, suffice to say this much only that the petitioner had obtained a decree for a sum of Rs. 5,660/- against the respondent for which execution was levied. That decree was passed in a suit instituted in 1980. As per Annexure 11, the respondent...
Commissioner of Income-tax Vs. R.J. Trivedi and Sons
Court: Madhya Pradesh
Decided on: Mar-02-1990
Reported in: (1990)82CTR(MP)387; [1990]183ITR420(MP)
D.M. Dharmadhikari, J.1. The judgment in this reference under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), shall also decide Miscellaneous Civil Case No. 584 of 1985 (CIT v. Simplex Auto Industries, Jabalpur), in which also the legal question referred to this court is the same although for a different party and for a different assessment year.2. The Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred to this court for opinion the following question :'Whether, on a proper construction of Section 32(2) of the Income-tax Act, 1961, the Tribunal was justified in holding that the unabsorbed depreciation of the assessee-registered firm, for the preceding assessment years allocated to the partners, if not wholly set-off in their respective assessment, should be brought back for computation of the total income of the firm in the subsequent years, as if it were the firm's unabsorbed depreciation ?'3. A few facts, in brief, necessary for deciding the above...
Bhagatram Patidar and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-01-1990
Reported in: 1990MPLJ770
S.D. Jha, J.1. The appellants (hereinafter called, 'the accused') challenge their conviction under section 302 read with section 149, Indian Penal Code and section 148, Indian Penal Code and sentences respectively on the first count imprisonment for life and fine of Rs. 1000/-, in default, rigorous imprisonment for one year each and one year rigorous imprisonment on the second count substantive sentences to run concurrently awarded by the Second Additional Judge to the Court of Sessions Judge, Mandsaur by judgment dated 30-1-1986.2. The accused were prosecuted by Police, Manasa, District Mandsaur. The prosecution story is that on 19-6-1984, deceased Durga was beaten by accused Bhagatram, Ambaram and Omprakash (appellants Nos. 1, 4 and 18) on quarrel over their women folk fetching water from village well. Both deceased Durga and accused Bhagatram in that connection had on 20-6-1984 lodged reports respectively Exs. P/42 and P/43 at Police Station, Manasa. While no action was taken on the...
Devkinandan Tiwari Vs. State Industrial Court and ors.
Court: Madhya Pradesh
Decided on: Mar-01-1990
Reported in: 1990MPLJ653
ORDERFaizanuddin, J.1. The petitioner was employed as a Conductor in Madhya Pradesh State Road Transport Corporation, respondent No. 2 (hereinafter referred to as 'respondent Corporation'). On 10-9-1983 when Bus No. 8093 belonging to the respondent Corporation in which the petitioner was on duty as Conductor on Kishangarh-Harpalpur route, was checked at about 9-15 a.m. by the Flying Squad of the respondent-Corporation and it was found that out of 53 total passengers, the respondent (petitioner herein) was carrying 20 passengers without tickets in the said bus. The checker realised double fare from the said 20 passengers and issued tickets to them, The petitioner was charge sheeted for the aforementioned misconduct and domestic enquiry was held against him. The petitioner took the defence that those 20 passengers had just boarded the bus at the place where chekers arrived and checked the bus. In the domestic enquiry, the Enquiry Officer on appreciation of evidence rejected the defence s...
Bhagatram and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-01-1990
Reported in: 1990CriLJ2407
S.D. Jha, J.1. The appellants (hereinafter called, 'the accused') challenge their conviction under Sections 302 r/w. Section 149 I.P.C. and Section 148 I.P.C. and sentences respectively on the first count imprisonment for life and fine of Rs. 1000/-, in default, rigorous imprisonment for one year each and one year rigorous imprisonment on the second count, substantive sentences to run concurrently awarded by the Second Additional Judge to the Court of Sessions Judge, Mandsaur by judgment dated 30-1-1986.2. The accused were prosecuted by Police, Manasa District Mandsaur. The prosecution story is that on 19-6-1984, deceased Durga was beaten by accused Bhagatram, Ambaram and Omprakash (appellants Nos. 1, 4 and 18) on quarrel over their women folk fetching Water from village well. Both deceased Durga and accused Bhagatram in that connection had on 20-6-1984 lodged reports respectively Exs. P/42 and P/43 at Police Station, Manasa. While no action was taken on the report of Durga and he was ...
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