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Madhya Pradesh Court March 1994 Judgments

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Mar 15 1994

State of Madhya Pradesh Vs. Ashok Kumar and ors.

Court: Madhya Pradesh

Decided on: Mar-15-1994

Reported in: 1995(0)MPLJ32

ORDERT.S. Doabia, J.1. This is an unfortunate case. The dead body of Mohan s/o Tekbahadur, a police constable, was recovered from a well on 5th of October 1978. As per the prosecution, on the night of 3rd and 4th of October 1978, there was Raslila. Accused/respondents Ashokkumar, Hukamchand and Dwarika were also there. At about ll'O' clock, the accused left the place where Raslila was going on. Mohan also accompanied them. The accused/respondents came back after some time. Mohan was not with them. The needle of suspicion, thus, was pointed towards the accused. It may be seen that accused Dwarika was of nineteen years of age, whereas, Ashok Kumar and Hukamchand were of fourteen years of age, on the date of occurrence.2. The matter was put to trial. The learned First Addl. Sessions Judge, Morena recorded a judgment of acquittal. The State has come in appeal.3. When the matter was taken up for arguments, the learned counsel, for the respondents, submitted at the outset that the trial was ...


Mar 15 1994

Ramesh Kumar and anr. Vs. J.P. Singh and ors.

Court: Madhya Pradesh

Decided on: Mar-15-1994

Reported in: 1995ACJ431

T.S. Doabia, J.1. This is an appeal preferred under Section 173 of the Motor Vehicles Act, 1939, against the award by the First Additional Motor Accidents Claims Tribunal on 31.8.1990.2. The accident took place on 16.5.1987. Asharam, aged 17 years, was the victim. As a result of the injuries sustained by him, he died on the spot.3. Learned counsel for the parties have not addressed any argument with regard to the finding on issue No. 1. Thus, the factum of accident which the learned Counsel for the parties addressed the court is with regard to the quantum of compensation.4. The Tribunal came to the conclusion that monthly income of the deceased was Rs. 350/-. The evidence with regard to deceased earning a further sum of Rs. 450 by sale of milk on part-time basis was disbelieved. We have gone through the evidence on record. We find that the claimants have not been able to establish that the deceased was having an additional income of Rs. 450/- by sale of milk. The income of the deceased...


Mar 15 1994

State of M.P. Vs. Ashok Kumar and ors.

Court: Madhya Pradesh

Decided on: Mar-15-1994

Reported in: 1995CriLJ3955

T.S. Doabia, J.1. This is an unfortunate case. The dead body of Mohan S/o. Tekbahadur, a police constable, was recovered from a well on 5th of October 1978. As per the prosecution, on the night of 3rd and 4th of October 1978, there was Raslila. Accused/respondents Ashok kumar, Hukamchand and Dwarika were also there. At about 11 O'clock, the accused left the place where Raslila was going on. Mohan also accompanied them. The accused/respondents came back after sometime. Mohan was not. with them. The needle of suspicion, thus, was pointed towards the accused. It may be seen that accused Dwarika was of nineteen years of age, whereas, Ashok Kumar and Hukamchand were of fourteen years of age, on the date of occurrence.2. The matter was put to trial. The learned First Addl. Sessions Judge, Morena recorded a judgment of acquittal. The State has come in appeal.3. When the matter was taken up for arguments, the learned counsel, for the respondents, submitted at the outset that the trial was viti...


Mar 07 1994

Anand S/O Champalal JaIn Vs. Principal, Indore Christian College, Indo ...

Court: Madhya Pradesh

Decided on: Mar-07-1994

Reported in: AIR1994MP189

V.S. Kokje, J.1. This case was heard finally with the consent of parties at the motion hearing stage itself. The Petitioner is a student of Christian College, Indore and a student leader. He had enrolled for the diploma course in Private Investigations started by the Christian College. Later on he came to know that the course was unauth-orisedly started by the College and permission to start course was not taken from Respondent No. 3 - Devi Ahilya Vishwavidyalya as also the Uchcha Shiksha Anudan Ayog which according to the Petitioner was a statutory requirement for starting the course.2. It is contended that under Section 6(1) of the M.P. Vishwavidyalaya Adhiniyam, 1973 (The University Act) the University is empowered to provide for instruction in such branches of learning as the University may, from time to time determine. The University is empowered to lay down the courses of instructions for various examinations and in institute degrees, diplomas, certificates and other academic dis...


Mar 07 1994

Commissioner of Wealth-tax and Commissioner of Income-tax Vs. Smt. Ind ...

Court: Madhya Pradesh

Decided on: Mar-07-1994

Reported in: [1994]210ITR543(MP)

U.L. Bhat, C.J.1. M. C. C. No. 120 of 1984 is filed by the Commissioner of Income-tax under Section 256(2) of the Income-tax Act, 1961, seeking reference of certain questions of law. The other applications are filed by the Commissioner of Wealth-tax seeking reference under Section 27(3) of the Wealth-tax Act, 1957.2. The application under Section 256(2) of the Income-tax Act, 1961, relates to the income-tax assessment of Ram Kumar Soni as a Hindu undivided family for the assessment year 1975-76. The other applications relate to the wealth-tax assessment of Ram Kumar Soni as a Hinduundivided family during 1966-67 to 1975-76. On the death of Ram Kumar Soni, his legal representatives have been impleaded as respondents.3. The family of Ram Kumar Soni is a goldsmith family conducting pawnbroker and money-lending business. The premises of the assessee was raided by the officers of the Central Excise Department on October 22, 1974, and gold and silver ornaments were seized from the front room...


Mar 06 1994

Chunnilal Onkarmal (P.) Ltd. and anr. and Sir Sarupchand Hukamchand Pv ...

Court: Madhya Pradesh

Decided on: Mar-06-1994

Reported in: (1994)121CTR(MP)116; [1996]221ITR459(MP)

P.P. Naolekar, J.1. This order shall also govern disposal of Miscellaneous Petition No, 441 of 1985 (Sir Sarupchand Hukamchand Pvt. Ltd. v. Union of India).2. Petitioner No. 1 is a company incorporated and registered under the Indian Companies Act, 1956, and petitioner No. 2 holds equity shares in the said company and is also its managing director.3. Petitioner No. 1 company filed wealth-tax returns for the assessment years 1984-85 and 1985-86 under the Wealth-tax Act, 1957 (Act No. 27 of 1957), before the Wealth-tax Officer raising various factual and legal contentions for claiming exemption from the Wealth-tax Act, which are pending consideration.4. The petitioners have in this petition challenged the constitutional validity of Section 40 of the Finance Act, 1983, on the ground that it violates Article 14 of the Constitution of India. According to the petitioners, the first petitioner is a 'closely-held company', that is not a company in which the public are substantially interested ...


Mar 04 1994

Noorunnisha Maqsood Ahmad and anr. Vs. Maqsood Ahmad Haji Hafiz Abdul ...

Court: Madhya Pradesh

Decided on: Mar-04-1994

Reported in: I(1995)DMC385; 1994(0)MPLJ701

K.M. Agarwal, J.1. The revision by the Muslim wife and her minor son through the non-applicant Muslim husband is directed against the impugned order of the first Revisional Court whereby the litigation expenses and the interim maintenance granted by the Court below in proceedings initiated at the instance of the applicants under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, in short, the 'Act') have been set aside.2. It is not disputed that after the date of her divorce and after the period of her Iddat, the applicant No. 1 filed a petition against the non-applicant for realisation of the amount of Mehr as also for her maintenance and the maintenance of her minor son under Section 3 of the said Act. She also made an application for directing the non-applicant to pay the amount of Mahr and also to pay her and to her minor son interim maintenance and cost of litigation. On the basis of this application, it appears that the Court below was pleased to direct th...


Mar 04 1994

Rajendra Vipnan Sahakari Samiti Ltd. Vs. Harcharan Kada and anr.

Court: Madhya Pradesh

Decided on: Mar-04-1994

Reported in: 1994(0)MPLJ851

ORDERS.K. Dubey, J.1. Both these petitions are disposed of by this common order.2. The petitioner, a Co-operative Society, is aggrieved of the order dated 8-3-1984 (Annexure P/7 in M. P. No. 351 of 1984) and order dated 2-12-1993 (Annexure P/l in M. P. No. 86 of 1994) both passed by the Board of Revenue, has filed these two separate petitions under Article 227 of the Constitution of India, has prayed for issuance of a writ of certiorari and/or other suitable direction or order for quashing the aforesaid two orders.3. Brief facts leading to the petitions are thus. Petitioner is a co-operative society, registered under M. P. Co-operative Societies Act, 1960, for short, the Act', which is a consumer society, wherein the respondent No. 1 was employed as a salesman and of which one Amrit Lal Mishra is the Manager. On inspection and audit of stocks, the respondent No. 1 was found guilty of shortage and defalcation, hence, the society passed a resolution No. 3 on 8-4-1972 to terminate the ser...


Mar 04 1994

Mool Chand and anr. Vs. Prakash Chand Gupta and ors.

Court: Madhya Pradesh

Decided on: Mar-04-1994

Reported in: 1994CriLJ2773

ORDERS.K. Chawla, J.1. This revision is directed against a revisional order dt. 17-3-1990 of Vlth Addl. Sessions Judge, Gwalior, setting aside order dt. 11-1-1988 of Judicial Magistrate First Class, Gwalior, rejecting complainant's application for examination of complainant and his witnesses in his case.2. Non-petitioner No. 1 Prakash Chand Gupta, an advocate at Gwalior, filed a complaint in the Court of Judicial Magistrate First Class, Gwalior, in which by order dt. 1-6-1985 process was directed to be issued to the accused persons for offences under Sections 500 and 506 (Part II), I.P.C. The case was at the stage of evidence before charge. On 15-12-1987, the complainant and his witnesses remained absent. The learned Magistrate thereupon closed the complainant's evidence before charge. Shortly thereafter on the same day, the complainant appeared and made an application for cancellation of the order closing his evidence, and for leave to examine himself and his witnesses. That applicati...


Mar 04 1994

Smt. Noorun-nisha and anr. Vs. Maqsood Ahmad

Court: Madhya Pradesh

Decided on: Mar-04-1994

Reported in: 1994CriLJ3129

ORDERK.M. Agarwal, J.1. This revision by the Muslim wife and her minor son through the non-applicant Muslim husband is directed against the impugned order of the first revisional Court whereby the litigation expenses and the interim maintenance granted by the Court below in proceedings initiated at the instance of the applicants under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, (in short, the 'Act') have been set aside.2. It is not disputed that after the date of her divorce and after the period of her iddat, the applicant No. 1 filed a petition against the non-applicant for realisation of the amount of Mahr as also for her maintenance and the maintenance of her minor son under Section 3 of the said Act. She also made an application for directing the non-applicant to pay the amount of Mahr and also to pay her and to her minor son interim maintenance and cost of litigation. On the basis of this application, it appears that the Court below was pleased to di...


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