Madhya Pradesh Court October 1995 Judgments
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Dr. Vinod Tiwari and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Oct-13-1995
Reported in: 1996CriLJ2096
S.K. Dubey, J.1. This application under Section 439(2) of the Code of Criminal Procedure, 1973 (for short 'the Code') for cancellantion of blanket order of bail passed under Section 438 of the Code by Shri Ram Pal Singh. J. (since retired) as the non-applicant No. 2' apprehended his arrest for several accusations under Section 319 and 420 of the Indian Penal Code. The application for cancellation of blanket order of bail was heard by Mr. Justice G.C. Gupta (as he then was), who vide order dated 11-1-1991 cancelled the blanket order of bail. Nonapplicant No. 2 approached the Supreme Court. The Supreme Court disposed of the Criminal Appeal No. 698 of 1991 arising out of SLP (Cri.) No. 706/91, vide order dated 12th November, 1991 setting aside order of cancellation of bail and remitted the case for reconsideration by this Court with a direction that the application for cancellation of bail be assigned by learned Chief Justice to Senior most Judge available in the High Court (Mr. Justice R...
Ramnidhi S/O Ram Sundar and anr. Vs. Rashi Raman Mishra and anr.
Court: Madhya Pradesh
Decided on: Oct-12-1995
Reported in: 1996(0)MPLJ748
ORDERS.C. Pandey, J.1. This is an appeal filed by defendants 1 and 2 against the order dated 17-3-1994 passed by Smt. Aradhana Choubey, third Additional Judge to the Court of District Judge, Rewa in Civil Suit No. 4-A/94. This appeal has been filed under Section 104, read with Order 43, Rule l(r) of Code of Civil Procedure.2. Undisputed facts of this case are that the appellant No. 1 owned Khasra No. 348, area 0.54 acres, Khasra No. 367, area 0.05 acres, Khasra No. 389, area 0.07 acres, Khasra No. 374, area 0.08 acres and Khasra No. 361, area 0.01 acres situate in village Sonvarsha, Tehsil Sirmaour, Distt. Rewa. The total area of aforesaid land comes to 0.80 acres of land.3. The respondent No. 1 filed Civil Suit No. 4-A of 1994 for specific performance of agreement dated 4-4-1993. He claimed that pursuant to the aforesaid agreement with appellant No. 1 he had paid Rs. 36,300/- to appellant and was ready and willing to pay the balance of amount Rs. 3,700/-. Thus according to respondent ...
Harikishan Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Oct-11-1995
Reported in: [1996]217ITR582(MP)
N.K. Jain, J. 1. By this petition under Section 482, Criminal Procedure Code, 1973, the petitioners seek quashing of proceedings of Criminal Case No. 50 of 1992 instituted against them in the Court of the Additional Chief Judicial Magistrate (Economic Offences), Indore, filed under Section 276DD of the Income-tax Act, 1961, as it stood before coming into force of the Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1986.2. The complaint in question against the petitioners has been made on the ground that the petitioners during the financial year 1986-87 (assessment year 1987-88) had taken/accepted certain deposits to the tune of Rs. 44,500 otherwise than by account payee cheques or drafts and which was in violation of the provisions of Section 269SS of the Act. The sanction for prosecution under Section 279 was accorded on March 30, 1992, and the complaint to the court was made in March, 1992. However, in the meantime, the Amendment Act, 1987, was enacted whereby Section 276...
Jamuna Prasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-11-1995
Reported in: II(1996)DMC106
R.S. Garg, J.1. The appellant, being aggrieved by the judgment, conviction and sentence dated 28.6.1994, passed in Sessions Trial No. 486/1992 by the learned Third Additional Sessions Judge, Jabalpur, convicting the appellant under Section 304, Part II, IPC sentencing him to R.I. for 7 years, has filed the present appeal.2. Brief facts leading to the prosecution case are that Kasturibai was deserted by her husband and was living with her two children and after some time, the accused Jamuna Prasad also started living with her as her husband. On the night intervening 1st and 2nd April, 1992, the accused was beating the deceased Kasturibai. On hearing cries Munnibai (P.W. 8) and Bhura (P.W.3) came to the spot and saw the incident. Munnibai went and called Imrati (P.W. 2). Because of intervention of these persons, Kasturibai could be saved. At about 5 a.m. some people saw the accused dragging the deceased, after catching hold of her hair. Imrati (P.W. 2) again went to the spot (sic.) the m...
Smt. Sugnibai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-10-1995
Reported in: AIR1996MP170; 1996(0)MPLJ306
V.K. Agarwal, J.1. This is a petition for revision against the order dated 13-10-93 passed in Civil Appeal No. 5/90 by the 1st Additional District Judge, Katni.2. One Newandram was allowed to occupy suit plot No. 632, Tikuri Camp., Katni, admeasuring 39' x 90'. However, there was disturbance in possession of Newandram over a portion of suit plot by the non applicant No. 2, defendant, a suit for permanent injunction and declaration was brought by the present applicant and present non-applicant No. 3 who are wife and son of late Newandram, in the Court of 1st Civil Judge, Katni. They also sought relief of temporary injunction.3. The Trial Court dismissed the application for temporary injunction, hence appeal No. 5/90 was preferred. Earlier that appeal was dismissed on the ground of having been filed without a certified copy of the impugned order; but after an application under sections 114 and 151 CPC was moved by the present applicant and non-applicant No. 3 jointly, the said appeal was...
Commissioner of Income-tax Vs. Hiralal Agrawal
Court: Madhya Pradesh
Decided on: Oct-10-1995
Reported in: [1996]218ITR21(MP)
A.K. Mathur, J. 1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961. On the direction given by this court, the Tribunal has sent the following question of law :'Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee was entitled to the continuation of registration for the assessment years 1976-77 and 1977-78 ?'2. The brief facts giving rise to this case are that the Commissioner of Income-tax after examination of the assessment record for the assessment years 1976-77 and 1977-78 and of the partnership deed executed on November 6, 1972, noticed that the firm comprised the following partners with the shares in profits and losses as mentioned against each name :Sl. No.Name ofthe partnersShare in profitsShare in losses1.Ramchandra Gupta17 percent.25 percent.2.Hiralal Agrawal17 percent.25 percent.3.Ramesh Kumar Gupta17 percent.25 percent.4.Ram Kumar Gupta17 percent.25 percent.5.Om Prakash Goya...
Smt. Kiran Vs. Harish
Court: Madhya Pradesh
Decided on: Oct-10-1995
Reported in: I(1996)DMC538
N.P. Singh, J.1. Mr. Umesh Trivedi, Counsel for the applicant. He is heard on the application under Section 24 of the Code of Civil Procedure for transfer of Civil Suit No. 13-A/95 pending in the Court of Ist Addl. District Judge, Chhindwara to the Court of the Addl. District Judge, Bilaspur.2. The contention of Mr. Trivedi, Counsel for the applicant/wife is that the non-applicant/husband has filed a suit against the applicant for dissolution of the marriage by a decree of divorce, which is pending in the Court of Ist Additional District Judge, Chhindwara.There is noone to support the applicant in prosecuting her case at Chhindwara. The applicant has a small child aged about three years and the applicant feels great difficulty in prosecuting the case at Chhindwara which is at a distance of 500 kms. away from the place of her residence.3. The inconvenience of the wife to defend her matrimonial case effectively at a distant place, has been held to be a good ground for transfer of the cas...
Chhababai and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-09-1995
Reported in: II(1996)DMC111
P.N.S. Chouhan, J.1. The appellants have challenged in this appeal their conviction Under Sections 306 and 498A, I.P.C. and sentence of R.I. for eight years on the first charge to appellant No. 1, R.I. for three years on the said charge to appellant No. 2 and R.I. for two years to each of them on the second charge recorded vide judgment dated 10.11.86 passed in S.T. No. 33/86 of Khandwa Sessions Division. The third accused Vinayak was acquitted.2. It is not in dispute that appellant Vinayak is the son of appellant Chhaba Bai. Deceased Sheela Bai, daughter of Rati Lal (PW-9), was married with Vinayak on 29.11.84. After wedding she came and stayed with her husband for about 2/3 days and returned back to her parents place. After about six months she again joined her husband and stayed in her marital house for 5/6 months. During Deepawali of 1985 she went to her parents place alongwith her brother. After Deepawali she was escorted back to her marital home by her brother Sanjay. On 24.12.85...
State of Madhya Pradesh Vs. Mahavir Jadi Buti Ayurved Bhawan
Court: Madhya Pradesh
Decided on: Oct-09-1995
Reported in: 1996(0)MPLJ257
Tej Shankar, J.1. The solitary question canvassed in this appeal arising out of judgment dated 17-4-1993 passed by the First Additional Judge to the Court of District Judge, Shivpuri, relates to jurisdiction of civil Court with respect to the dispute in question.2. The argument advanced is that the suit out of which this appeal has arisen was filed by the plaintiff for refund of a sum of Rs. 25,745.25 together with interest, amounting to Rs. 3,000/- and costs of notice of Rs. 100/- with the allegation that plaintiff carried on business of purchase of van upaj jadi buti from the Forest Department. The sales tax was also being realised by the Forest Department. From 8-11-1980 to 27-10-1981 it purchased jadi buti and paid sales tax over it. The goods purchased were tax paid and no further tax could be levied but the authorities levied Central sales tax over the goods which were held tax paid when they were taken out of Madhya Pradesh illegally. An objection was raised in this regard but t...
Deepak Kumar and ors. Vs. State Bank of India
Court: Madhya Pradesh
Decided on: Oct-06-1995
Reported in: [1999]96CompCas37(MP)
N.P. Singh, J.1. This appeal arises out of the judgment and decree dated May 11, 1991, passed by the Additional District Judge, Maihar, in Civil Suit No. 23-B of 1990 decreeing the suit.2. Appellant No. 1 obtained a loan of Rs. 1,90,000 from the respondent-bank on March 24, 1981, for purchase of a truck with interest at 15 per cent, per annum with quarterly rests. He executed a pronote and hypothecated the truck to the respondent-bank. Appellants Nos. 2 to 4 stood as guarantors for the repayment of the loan amount. The loan was to be repaid in 40 monthly instalments of Rs. 4,750. Appellant No. 1 paid Rs. 1,00,000 in various instalments thereafter he failed to pay any instalments. Ultimately, the respondent-bank filed the suit for recovery of Rs. 1,71,736.45 and interest pendente lite and future.3. The appellants filed their written statement denying the liability of the respondent-bank. The appellants also claimed that the branch manager of the bank was not competent to file the suit. ...
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