Madhya Pradesh Court December 1991 Judgments
Savitri Devi Vs. Suryabhan Sharma
Court: Madhya Pradesh
Decided on: Dec-20-1991
Reported in: I(1992)DMC206
K.L. Issrani, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, arising out of the judgment and decree dated 16.1.1989 passed by the District Judge, Rewa, in Civil Suit No. 36-A of 1987.2. The appellant had filed the petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The case of the appellant was that she had been married with the respondent 25-27 years back, according to Hindu Vedic rites. After marriage with her, the respondent kept one Shantibai, who was Sunar by caste and was a married lady having children. It was on the date of the Pujan of Kuldevta that the appellant objected that Shantibai is not a Brahmin by caste and, therefore, she cannot take part in the Pujan of Kuldevta, she was abused, beaten and driven out of the house. Since then she is living with her parents. She also filed an application under Section 27 of the Hindu Marriage Act for return of the articles.3. The respondent had denied that Shantibai was a kept wife...
Tag this Judgment!Gaya Prasad and anr. Vs. Suresh Kumar
Court: Madhya Pradesh
Decided on: Dec-13-1991
Reported in: 1992ACJ200; [1993]76CompCas711(MP); 1992(0)MPLJ485
T.N. Singh, J.1. For this Bench's opinion are referred, in two separate matters, the following two questions :M. A No. 64 of 1991 :2. Whether the. insurer and/or the owner/driver of the offending motor vehicle or vehicles against whom an order for compensation is passed in terms of the provisions of Section 140 of the Motor Vehicles Act, 1988, has a right of appeal against that order under Section 173 of the Act M. M. No. 138 of 1991 :3. Whether any appeal filed on or after June 1, 1989, challenging an order of compensation passed by the Motor Accidents Claims Tribunal in terms of the provisions of Section 140 of the Motor Vehicles Act, 1988, or the final award passed under Section 168 of the Act, can be entertained without the appellant fulfilling the requirement of the provisions contained in Section 173 of the Act of making requisite deposit of the sum contemplated thereunder 4. Hereinafter, the above questions would be referred to as the first and the second question, respectively....
Tag this Judgment!Manoj Kumar Tarachand Dwivedi Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-1991
Reported in: 1992(0)MPLJ226
ORDERS.K. Chawla, J.1. This is revision by an accused challenging his conviction and sentence.2. The prosecution story in brief was that on 20-9-1982, at about 12.30 noon, when Smt. Shyamabai (P.W.6) was all alone in her house situated at Jhulkadam Sakti, applicant/accused Manoj Kumar, aged about 18 years, gained entry into the house under the pretext of reading a newspaper kept inside the house. It is said that the applicant then all of a sudden caught hold of Shyamabai, felled her and tried to gag her by pressing her neck. He forcibly removed gold chain from her neck, gold earing rings from her ear lobes and silver anklets from her feet. He decamped from the house after robbing Shyamabai of the ornaments.3. The prosecution case was held to have been established by the trial Court, which convicted the applicant of the offence under Section 394, Indian Penal Code and sentenced him to R.I. for two years and a fine of Rs. 500/-, in default to simple imprisonment for two months.. In appea...
Tag this Judgment!Medabai W/O Komal Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-1991
Reported in: 1992(0)MPLJ262
P.N.S. Chouhan, J.1. On 27-2-1984 Kali Bai, aged 16 years, was extensively burnt at about 7.00 A. M. in her husband's house at village Bijora Khamaria, Police Station, Nohta, District Damoh. She was removed to district hospital, Damoh where she succumbed to her injuries at 1.00 AM on 28-2-1984. On the allegation that appellant No. 1, Smt. Medabai, the mother-in-law of the deceased, in the presence of her son appellant No. 2 Kalyan Singh, poured kerosene oil on Kalibai and set her ablaze the appellants were tried on charge of murder. The trial Judge convicted appellant No. 1 under Section 302, Indian Penal Code and appellant No. 2 under Section 302 read with Section 34, Indian Penal Code and sentenced both of them to imprisonment for life vide judgment dated 1-8-1985 passed in Sessions Trial No. 97/84 of the Court of 3rd Additional Judge to the Court of Sessions Judge, Damoh, which is under challenge in this appeal.2. Kalibai was married with Charan Singh, the elder son of appellant No....
Tag this Judgment!LupIn Laboratories Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Dec-13-1991
Reported in: 1992(38)ECC305; 1992(59)ELT375(MP)
ORDERV.D. Gyani, J.1. Shri A.M. Mathur, Senior Advocate, with Shri C.B. Patne, for the petitioner and Shri B.G. Neema, Central Govt. Advocate, for the respondents, were heard on admission and on application for ad interim relief.2. The present petition challenges order dated 10-6-1991 disallowing MODVAT credit to the petitioner to the extent of Rs. 79,38,597.50 and imposing penalty of Rs. 5 lakhs in respect of 'Cephalazin' cleared by the petitioner during the period January, 1989 to August, 1990 as also withdrawing the facility of taking MODVAT with immediate effect.3. Shri Mathur submitted that all the necessary facts for availing MODVAT credit in terms of Rule 57A read alongwith Rules 57F, 57G, of Central Excise Rules, 1944 and other relevant rules on the subject were disclosed to the department and, therefore, the Respondent No. 2 was in error in applying the 5 years time period for raising demand against the petition under proviso to Rule 57(I) of the Central Excise Rules, 1944. In...
Tag this Judgment!Vidyaram Kanauha Vs. Punabi and ors.
Court: Madhya Pradesh
Decided on: Dec-12-1991
Reported in: 1992ACJ596; (1999)IIILLJ410MP
T.N. Singh, J.1. Second bout of litigation employer is fighting in this Court challenging the award passed against him under the Workmen's Compensation Act, 1923 (for short 'the Act'). Earlier, he had come in M.A. No. 112 of 1987 when the award passed on July 21, 1987 was set aside on the technical ground that the judgment was not well-written one and the Commissioner was required to 'record his judgment in accordance with Rule 32(1) of the Workmen's Compensation Rules, 1923 and to dispose of the proceeding by March 15, 1988. Accordingly, a fresh judgment is passed on July 2, 1991, herein impugned and thereunder the liability of the employer stands reiterated.2. Admitted facts of the case are few and those too are the contentious ones. Those I may refer to immediately to project the cleavage of (sic) the rival versions set up by parties, albeit with regard to the single legal contention. Limitation of this Court's jurisdiction in appeal under Section 30 of the Act is to be kept always ...
Tag this Judgment!Tijulal Ghudan Pawar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-12-1991
Reported in: 1992(0)MPLJ260
ORDERS.K. Chawla, J.1. This is revision by an accused challenging his conviction and sentence for the offence of house trespass under Section 448, Indian Penal Code.2. The prosecution story was that on 1-11-1982 appellant/accused Tijulal had agreed to sell half portion of his house in village Saleteka P. S. Balaghat to a Sub-Engineer named Shishir Kumar Das (P.W.7) for Rs. 10,751/- and had also received earnest money of Rs. 151/-; vide agreement, Ex.P-5. This was followed by an oral agreement whereby the applicant agreed to sell the entire house for Rs. 21,000/- Shishir Kumar Das paid from time to time upto July 1983 a total consideration of Rs. 18,551/-. He also received actual possession of the house in April, 1983. After Shishir Kumar Das had remained in possession of the house for about 2 years, the applicant in April 1985 forcibly entered into the possession of the house by breaking open its lock and started to live in it with his family. Shishir Kumar Das (P.W.7) was transferred ...
Tag this Judgment!State of Madhya Pradesh Vs. NizamuddIn and ors.
Court: Madhya Pradesh
Decided on: Dec-12-1991
Reported in: 1992CriLJ3120
ORDERS.K. Dubey, J.1. This is a revision under Sections 397 and 401, Criminal P. C., by the State against the order dated 11-12-1986, passed by Shri M.A.S. Khan, First Additional Sessions Judge, Morena, in S.T. No. 178 of 1986, discharging the non-petitioners/accused persons of the offence under Section 302/34, Penal Code.2. Brief facts leading to this revision are that non-petitioner No. 1 who is the uncle (PHOOPHA) of deceased Munni, lodged a report on 27-3-1986 at Police Station Bag-chini, District Morena, of 'GUMSHUDI, that his niece Munni, wife of Ishaq Khan, who deserted her, left her house on 24-3-1986 in the morning; one Jalalluddin informed him that Munni is lying dead in a 'Nala'; he went there and saw the dead body floating on the water of the 'Nala', but he is not aware how she has died. A case was registered as 'Marg' at Crime No. 2 of 1986. The dead body was sent for post-mortem. On autopsy the cause of death was found as asphyxia due to throttling. During investigation i...
Tag this Judgment!Bhaiyalal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-10-1991
Reported in: 1993CriLJ29
ORDERS.K. Dubey, J.1. By this petition under Section 482, Criminal Procedure Code, the petitioners have prayed for quashing of the proceedings of the prosecution under Section 379, IPC, pending in Criminal Case No. 144 of 1990 before Judicial Magistrate, First Class, Datia.2. On a report of cutting of certain trees of mango, 'Mahua', tamarind and 'Khair' standing on some land of a Bhumiswami Shrilal, one of the co-accused, and on the land belonging to the State Government, a case of theft under Section 379, IPC, was registered against five accused persons including the present four petitioners, by P.S. Badom, District Datia. After investigation the charge-sheet was filed.3. Before framing of the charge, all the five accused persons raised an objection that from the report and the charge-sheet, facts constituting offence do not make out the offence under Section 379, IPC; the act or omission allegedly committed by the accused persons is a breach of Section 240 of the M.P. Land Revenue C...
Tag this Judgment!Commissioner of Income-tax Vs. Dilip Kumar Bhusari
Court: Madhya Pradesh
Decided on: Dec-09-1991
Reported in: [1992]195ITR902(MP)
1. Shri Saxena, learned counsel for the Revenue, heard on the point of admission.2. This is an application under Section 256(2) of the Income-tax Act, 1961, to direct the Tribunal to refer to this court, the case arising out of its order dated December 7, 1990, passed in I.T.A No. 193/IND/85, assessment year 1979-80 and its refusal to refer the case by order dated March 27, 1991, passed in R.A. No. 28/IND/91. It was strenuously argued by learned standing counsel that the explanation offered by the assessee-opponent was palpably false and as such penalty should have been imposed on him. The matter relates to the unexplained investment in purchase of certain properties. The question sought to be referred is 'on the facts and in the circumstances of the case', whether there is any material with the Income-tax Appellate Tribunal justifying the deletion of penalty under Section 271(1)(c) ?3. On appreciation of the facts on record, we come to the conclusion that the explanation offered by th...
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