Madhya Pradesh Court August 1993 Judgments
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Jamunadas BaladIn Jatav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-17-1993
Reported in: 1994(0)MPLJ569
ORDERS.K. Chawla, J.1. Heard on admission.2. By the impugned order dated 30-6-1993 passed by Second Additional Sessions Judge,. Guna, the prosecution application to summon Narmadeshwar Sharma, a clerk in the Office of District Excise Officer, Guna, was allowed under Section 311, Criminal Procedure Code, holding that recording of the evidence of that witness was essential in the ends of justice. In the impugned order it was also observed that as per order of the Court passed in that Criminal case on 18-5-1993, the District Excise Officer, Guna be also summoned to give evidence. The grievance of the petitioner, who is accused in that criminal case under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is that the abovesaid witnesses were not shown in the list of prosecution witnesses in the complaint filed by the Excise Department and examination of the said witnesses would result in filling in of the lacunae of the prosecution case.3. There is nothing illegal or ...
Randhirsingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-17-1993
Reported in: 1994(0)MPLJ452
S.K. Chawla, J.1. This is an appeal by as many as 11 accused persons who were convicted under Sections 147, 342/149 and 304-II/149, Indian Penal Code and sentenced to R.I. for 6 months, 6 months and 7 years respectively by Additional Sessions Judge, Shivpuri in Sessions Trial No. 133/85 by judgment dated 22-10-1986.2. The prosecution story was that a theft had occurred at the house of appellant No. 1 Randhirsingh Lodhi @ Randhira, which deceased Keshav, among some others, was suspected to have committed. Appellant Randhir Singh had for that reason beaten deceased Keshav and the latter had also reported the matter at Pichhore Police Station. A Panchayat was held in village Pichhore which had imposed a fine of Rs. 4,000/- on deceased Keshav for committing that theft. Deceased Keshav had failed to pay any amount of fine. The accused persons had, therefore, started to nurture ill-will against deceased Keshav. Stones began to be pelted on the house of deceased Keshav who was compelled to le...
Shantabai Dube and anr. Vs. Kanhaiyalal and anr.
Court: Madhya Pradesh
Decided on: Aug-17-1993
Reported in: I(1994)ACC462; 1995ACJ706
R.D. Shukla, J.1. The revision is directed against the judgment and order dated 25.8.1993 of the VIIth Addl. District Judge, Indore, passed in C.S. No. 2-B of 1989, whereby the applicants' application under Order 22, Rule 1 read with rule 3, Civil Procedure Code, has been rejected on the principle of actio personalis moritur cum persona.2. The brief history of the case is that the original plaintiff, Mohanlal, filed a suit with the assertion that the defendant (non-applicant there) caused injuries to him on 29.4.1981. He, therefore, sustained fracture in his hand. He had to undergo the treatment and suffered pain and agony and was under plaster for a few months. He, therefore, claimed Rs. 99,000/- as the damages.3. The defendants-non-applicants denied the plaint allegations. The case was pending in the court for trial.4. During the pendency of the case Mohanlal died and, thereafter, the present applicant, i.e., Shantabai w/o Mohanlal and Kamalkumar s/o Mohanlal filed an application for...
Abdul Rehman and anr. Vs. Deokibai and anr.
Court: Madhya Pradesh
Decided on: Aug-17-1993
Reported in: 2(1993)ACC520
R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 3.4.1984 of Member, Motor Accidents Claims Tribunal, West Nimar, passed in Claim Case No. 37/82, whereby the respondent No. 1 has been awarded a compensation of Rs. 12,00/ for the death of her Son Rama with a direction that the same shall be recovered from the appellants and one more person i.e. Ayub Khan s/o Mehtab Khan who was shown as Non-appellant No. 1-A in the claim petition and has not been made party here.2. The brief history of the ease is that the claimant Deokibai filed a petition with the assertion that on the dale of accident i.e. 29.9.1981, at about 5.30 p.m. her son was travelling in the motor tractor, which was driven by Non-applicant No. 2 Abdul Rehman (appellant No. 1 here) the Tractor was owned by N.A. 1 and N. A. 1-A i.e. Latif Khan and Ayub Khan sons of Mehtab Khan). It was also asserted that because of the rash and negligent driving of the vehicle it turned turtle and thereafter turned u...
Deepak Raghunathrao Shohle @ Shole and anr. Vs. State of Madhya Prades ...
Court: Madhya Pradesh
Decided on: Aug-16-1993
Reported in: 1993(0)MPLJ729
D.M. Dharmadhikari, J. 1. The two accused in this case have appealed to this Court against their conviction under Sections 354 and 306 of the Indian Penal Code, sentencing them to one and three years' rigorous imprisonment, respectively to run concurrently.2. The prosecution case is that Miss Asha aged about sixteen years committed suicide by setting herself afire. The prosecution relied on three dying declarations made by the deceased between 24-1-1985 and 25-1 -1985. The alleged date of incident is 24-1-1985 at 10.00 P.M. It has come in the evidence of prosecution witnesses that one young man Eknath was a conductor on a bus. He used to visit Ku. Asha frequently even at odd hours. The incident is said to have taken place in the house of the deceased when she was sleeping in a room with her young brother and father Ramchandra (P.W.3), who was sleeping in the adjoining room. The alleged dying declaration, first in point of time, is Ex. P-5, recorded by Dr. B. M. Malviya (P.W.1), who exa...
Kailashchandra Tejpal Vs. Vinod Guljarilal and ors.
Court: Madhya Pradesh
Decided on: Aug-16-1993
Reported in: 1993(0)MPLJ961
A.R. Tiwari, J.1. This first appeal presented under Section 96 of the Code of Civil Procedure (for short the ECode') is directed against the judgment and decree dated 23-12-1988 rendered by Vlth Addl. Judge to the Court of the District Judge. Indore in COS No. 89-A/86 thereby passing the decree of eviction under Section 12(1)(e) of the M. P. Accommodation Control Act. 1961 (for short the 'Act') together with mesne profits @Rs. 115/- per months.2. Briefly stated, the facts of the case are that the suit-house No. 30, Bada Sarafa, Indore originally belonged to the Joint Family of deceased Tejpal and deceased Guljarilal. On partition by a registered partition deed dated 25-2-1953, this suit house fell to the share of Guljarilal. The respondents are the sons of late Guljarilal and the appellant is the son of Tejpal. The respondents came with a case that the appellant occupied the first-floor and one room on the ground-floor as the licensee of the respondents. This licence was terminated by ...
Deepak Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-16-1993
Reported in: 1994CriLJ767
D.M. Dharmadhikari, J.1. The two accused in this case have appealed to this Court against their conviction under Section 354 and 306 of the Indian Penal Code, sentencing them to one and three years rigorous imprisonment, respectively to run concurrently.2. The prosecution case is that Miss Asha aged about sixteen years committed suicide by setting herself afire. The prosecution relied on three dying declarations made by the deceased between 24-1-1985 and 25-1-1985. The alleged date of incident is 24-1-1985 at 10.00 p.m. It has come in the evidence of prosecution witnesses that one young man Eknath was a conductor on a bus. He used to visit Ku. Asha frequently even at odd hours. The incident is said to have taken place in the house of the deceased when she was sleeping in a room with her young brother and father Ramchandra (P.W. 3), who was sleeping in the adjoining room. The alleged dying declaration, first in point of time, is Ex.P-5, recorded by Dr. B. M. Malviya (P.W. 1) who examine...
Commissioner of Income-tax Vs. Mahesh Oil and Rice Mills
Court: Madhya Pradesh
Decided on: Aug-16-1993
Reported in: [1996]221ITR387(MP)
Gulab C. Gupta, J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the Revenue for purposes of obtaining the decision of this court, on the following questions of law :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the Income-tax Officer was not justified in making a single assessment of the firm instead of two assessments, one for the period up to January 16, 1977, and the other from the period January 17, 1977, onwards ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the provisions of Section 188 are applicable in the case of the assessee and not the provisions of Section 187, as done by the Income-tax Officer ?' 2. The facts relevant to the decision of the aforesaid questions are that the asses see-firm, as originally constituted, consisted of three partners, namely, Ram Bharoseylal, Harish...
Deoram Patidar Vs. Sumanbai Patidar
Court: Madhya Pradesh
Decided on: Aug-13-1993
Reported in: II(1993)DMC347
R.D. Shukla, J.1. This appeal is directed against the order dated 4.5.84 of the Addl. District Judge, Kukshi, Dhar passed in execution of proceeding arising out of Case No. 1-B/82-84.2. The brief history of the case is that the respondent obtained a decree of maintenance against the appellant who is her husband. The decree was being executed. The appellant-judgment-debtor failed to pay the amount. As such learned Executing Court on the application of respondent has directed that the judgment-debtor-appellant be kept in jail. Hence this appeal.3. The contention of the learned Counsel for the appellant is that appellant is only a co-sharer in the joint Hindu Family and therefore, the income of the father and the other sharers in the family cannot be taken into consideration for assessing as to the capacity of person to pay the decretal amount.4. The second contention of the learned Counsel is that the income out of the agricultural property is merely sufficient for maintenance of the mem...
Bherulal Vs. Ramkunwarbai and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1993
Reported in: AIR1994MP5
A.R. Tiwari, J.1. This first appeal, filed under Section 96 of the Code of Civil Procedure (for short 'the Code') is directed against the judgment and decree dated 19-1-1976 rendered by the 1st Addl. Judge to the Court of District Judge, Ratlam in Civil Suit No. 2-A/75 thereby dismissing the appellant's suit for partition and separate possession of the suit-houses.2. The factual matrix in brief is that the deceased Motilal and Gendalal were two real brothers. The elder brother Gendalal was unmarried and died issueless, on 24-10-54.The appellant-plaintiff Bherulal was born to Motilal from first wife. The two daughters (Chamelibai and Shantibai) and one son (Rajendra Kumar), respondents Nos. 2 to 4 were born to Motilal from his second wife, Ramkunwarbai (respondent No. 1). Motilal also died in 1969. The house situated in Kothariwas, Ratlam stood in the name of the brothers Gendalal and Motilal whereas the other house situated as Station Road stood in the name of Gendalal alone. Bherulal ...
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