Madhya Pradesh Court January 1992 Judgments
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All India Trade Union of Food Corporation Employees and Workers and an ...
Court: Madhya Pradesh
Decided on: Jan-23-1992
Reported in: 1994(0)MPLJ482
ORDERS.K. Jha, C.J.1. This petition under Article 226 of the Constitution of India has been jointly filed by the Union of Employees of Food Corporation of India (Petitioner No. 1) and Shri L. N. Gupta (Petitioner No. 2) who was employed as T A. Grade I in the Food Corporation of India. The Food Corporation of India and the petitioner No. 2 shall hereinafter be referred to as the 'employer' and the 'employee', respectively.2. Main challenge in this petition, amongst other orders, is to the order dated 27-4-1985 (Annexure Y to the petition) whereby the employee's name has been struck off from the rolls of the employer with effect from 25-5-1984. The services of the employee have been terminated on the alleged ground of his long absence from duty and failure to report back to the work in spite of notice given to him by publication in the newspaper on 21-11- 1984. The contents of the above order of termination (Annexure Y), being relevant for decision, are reproduced hereunder :-'It has be...
Commissioner of Income-tax Vs. S.S. Ratanchand Bholachand (Huf)
Court: Madhya Pradesh
Decided on: Jan-22-1992
Reported in: [1994]206ITR72(MP)
B.C. Varma, J.1. In exercise of the jurisdiction under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal (Jabalpur Bench), Jabalpur, has referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that an amount of Rs. 30,246, being interest paid on arrears of sales tax, was an allowable deduction for the assessment year 1975-76, when the liability to pay interest was statutory and was ascertainable to the assessee for the earlier years, vide Commissioner of Sales Tax's order dated October 8, 1971 ?'2. The assessee, a joint Hindu family firm, assessed to income-tax, claimed deduction of Rs. 30,246 for the calendar year 1974 on account of interest paid to the Sales Tax Department. This deduction was not allowed by the Income-tax Officer on two counts : (1) that the interest did not relate to the calendar year 1974...
State of Madhya Pradesh Vs. Satyabhan Gayaprasad Soni and ors.
Court: Madhya Pradesh
Decided on: Jan-22-1992
Reported in: 1994(0)MPLJ551
S.K. Chawla, J.1. The State has filed this appeal challenging' the acquittal of the respondents for offences under Sections 324/34 and 323/34, Indian Penal Code.2. The prosecution story in brief was that on 16-5-1980 at about 12.30 p.m. at village Sirmour, police station Baikunthpur, district Rewa, M. P., the three respondents came and started abusing one Dashrath (PW 7), who had come to the house of his brother-in-law Jageshwar (PW 1). Dashrath (PW 7) had earlier refused to give bail for respondent Rajnish at Shahdol, where the latter had got arrested for throwing acid on one person. This was the grouse which the respondents entertained against Dashrath. The house owner Jageshwar (PW 1) came out and protested why the respondents were abusing his brother-in-law Dashrath. It is said that thereupon all the three respondents by means of iron rod, cycle chain and Lathi beat Jageshwar. When the parents of Jageshwar named Badriprasad (PW 2) and Mst. Ram Mani (PW 3) came to intervene, they to...
State of Madhya Pradesh Vs. Satyabhan and ors.
Court: Madhya Pradesh
Decided on: Jan-22-1992
Reported in: 1992CriLJ2694
S.K. Chawla, J.1. The State has filed this appeal challenging the acquittal of the respondents for offences Under Sections 324/34 and 323/34, I.P.C.2. The prosecution story in brief was that on 16-5-80 at about 12-30 p.m. at village Sirmour police station Baikunthpur district Rewa M.P., the three respondents came and started abusing one Dashrath (PW-7), who had come to the house of his brother-in-law Jageshwar (PW-1). Dashrath (PW-7) had earlier refused to give bail for respondent Rajnish at Shahdol, where the latter had got arrested for throwing acid on one person. This was the grouse which the respondents entertained against Dashrath. The house owner Jageshwar (PW-1) came out and protested why the respondents were abusing his brother-in-law Dashrath. It is said that thereupon all the three respondents by means of iron rod, cycle chain and Lathi beat Jageshwar. When the parents of Jageshwar named Badriprasad (PW-2) and Mst. Ram Mani (PW-3) came to intervene, they too were assaulted by...
United India Insurance Co. Ltd. Vs. Jhamku Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-22-1992
Reported in: II(1992)ACC40; 1993ACJ324
R.K. Verma, J.1. This is an appeal filed by the appellant insurance company against the interim award dated 15.3.1991 made by Jhabua, in Claim Case No. 85 of 1990 whereby an interim compensation of Rs. 25,000/- has been awarded under the Motor Vehicles Act, 1988, on the principle of no fault liability'to the claimant, Jhamku Bai, mother of the deceased minor Ravindra Kumar who died as a result of motor accident in which the offending tractor, which stood insured for third party risk with the appellant insurance company, is involved.2. The interim award under appeal has been challenged by the appellant insurance company on two grounds. The first ground of challenge is that since the motor accident in question resulting in the death of deceased took place on 15.3.1989 when the new Motor Vehicles Act of 1988 had not come into force and the provisions of the old the Motor Accidents Claims Tribunal, Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') were applicable to the claim...
Commissioner of Income Tax Vs. S. S. Ratanchand Bholachand Huf.
Court: Madhya Pradesh
Decided on: Jan-22-1992
Reported in: (1992)102CTR(MP)120
B. C. VARMA, J. :In exercise of jurisdiction under s. 256(1) of the Income-tax Act, 1961 (hereinafter referred to as the Act), the Income-tax Appellate Tribunal (Jabalpur Bench), Jabalpur, has referred the following question for opinion of this Court :'Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that an amount of Rs. 30,246 being interest paid on arrears of sales-tax; was an allowable deduction for the asst. yr. 1975-76 when the liability to pay interest was statutory and was ascertainable to the assessee for the earlier years vide Commissioner of Sales-taxs Order dated 8th October, 1971'2. The assessee, a joint Hindu family firm, assessed to income-tax, claimed deduction of Rs. 30,246 for the calendar year 1974, on account of interest paid to the Sales-tax Department. This deduction was not allowed by the ITO on two counts : (1) that the interest did not relate to the calendar year 1974, and (2) that this amount of interest w...
Gordhanlal Vs. Ranchhodprasad and ors.
Court: Madhya Pradesh
Decided on: Jan-21-1992
Reported in: II(1992)ACC28; 1993ACJ738
R.K. Verma, J.1. This is an appeal filed by the claimant-injured against the award dated 30.4.1982 made by Second Additional Motor Accidents Claims Tribunal, Indore, in Claim Case No. 58 of 1978, whereby the learned Tribunal has awarded a total compensation of Rs. 14,093.51 with interest at the rate of 6 per cent per annum from the date of claim petition, i.e., 21.3.1978, till realisation, in respect of injuries sustained by the claimant in the motor accident, which took place on 22.9.1977.2. The facts giving rise to this appeal, briefly stated, are as follows: On 22.9.1977 at about 4.15 p.m. while the appellant-claimant was going on his motor cycle bearing registration No. MPM 5056 over the railway bridge at Indore towards Regal crossing, the offending car bearing registration No. MP 0565 belonging to respondent No. 1 and driven by Ramlal, respondent No. 2, dashed against the said motor cycle, as a result of which the appellant-claimant sustained grievous injuries including a compound...
Bharat Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-21-1992
Reported in: 1992CriLJ3218
S.K. Chawla, J. 1. Appellant Bharat, aged 25 years, has preferred this appeal against his conviction under Section 376, I.P.C. and sentence of rigorous imprisonment for 4 years inflicted thereunder.2. The prosecution story briefly stated was that on 3-2-84 Mst. Birniyabai (P.W. 2) was alone in her house, because her parents had gone away on that day to attend a fair. The house is in a hamlet called Padaria in an aboriginal district of Madhya Pradesh i.e. Mandla. At about 4 p.m. on that day, two accused named Bharat (appellant herein) and Loku came to that house. Bharat went inside the house and asked for fire being lent to him. When Biriniyabai proceeded to bring fire, Bharat felled her and forcibly committed rape on her. The other accused Loku stood guard at the door of the house. The girl's mother Saniyabai (P.W. 3) unexpectedly returned to the house and on entering inside the house, she found to her dismay that Bharat was copulating with her daughter. Saniyabai tried to catch hold o...
Dr. Rajesh Kumar Singhai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-18-1992
Reported in: 1992(0)MPLJ586
D.M. Dharmadhikari, J.1. The order passed in this petition shall also decide Misc. Petition No. 531 of 1991 (Dr. Sunil Kumar Gupta v. State of Madhya Pradesh), in which common questions of fact and law arise.2. The two petitioners, in the petitions before us are employed as Assistant Surgeons in the services of the State Government. They seek admission to post-graduate (M.D./ M.S.) courses in the Medical Colleges of the State in accordance with the terms and conditions contained in the admission rules called 'M. P. Selection to Post-Graduation Courses (Clinical, Para-Clinical and Non-Clinical Courses) in Medical College of M.P. Rules, 1984.'(hereinafter referred to as 1984 Rules'). Under Rule 9.5.(b), in addition to the total marks obtained by the candidates in the University examination of M.B.B.S., for seats available for admission against Assistant Surgeon's quota, weightages of marks are provided, amongst other extra curricular activities, for doing rural service in the scheduled a...
Mangleshwar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-16-1992
Reported in: I(1995)DMC502
N.P. Singh, J,1. The appellant alongwith his parents were tried for the offence under Section 306 of the Indian Penal Code by the 3rd Additional Sessions Judge, Rewa in Session Trial No. 150/90 on the allegation that deceased Basanti Bai, wife of the appellant committed suicide on 10-8-91 by hanging herself with the ceiling of the house of means of a rope on account of physical and mental torture subjected to her by the appellant and his parents for not bringing shebuffalo in dowry and the appellant was convicted thereunder and sentenced to undergo RI for five years and to pay a fine of Rs. 200/- in default to undergo RI for further 15 days.2. Mr. G.S. Baghel, learned Counsel for the appellant, has contended that there is no legal evidence to sustain the conviction of the appellant. The appellant has been convicted by the learned Trial Court on mere conjectures and surmises. No independent witness has corroborated the testimony of Ramdas Tiwari (PW-9) father Ramkeshari(PW-10) mother an...
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