Madhya Pradesh Court November 1995 Judgments
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State of Madhya Pradesh Vs. Budhram Kankuram Satnami
Court: Madhya Pradesh
Decided on: Nov-13-1995
Reported in: 1997(1)MPLJ93
ORDERR.P. Awasthy, J.1. It is a reference made under section 366 of the Criminal Procedure Code for confirming the sentence of death awarded to the accused. The accused has also filed an appeal which has been registered as Criminal Appeal No. 1128/95 against the finding of holding him guilty for committing murders of his father Kunkuram, step-mother Ravibai, step-brothers Nankua, Chatua and Shankarlal and step-sisters Jugnabai and Muliabai and recommendation for sentencing him to death.2. It has not been disputed by the accused that Kunkuram (since deceased) had left about 20 years prior to the date of incident his married wife Hirabai, daughter Urmila and son accused Budhram at village Basti Baradwar where they used to reside. At that time the daughter of Kunkuram to wit Urmila was aged about 5 years and his son, accused Budhram was aged about 3 years. It had also not been disputed that Kunkuram had kept Ravibai, as his wife and had gone for earning his livelihood along with Ravibai t...
State of M.P. Vs. Budhram
Court: Madhya Pradesh
Decided on: Nov-13-1995
Reported in: 1996CriLJ2010
R.P. Awasthy, J.1. It is a reference made under Section 366 of the Criminal Procedure Code for confirming the sentence of death awarded to the accused. The accused has also filed an appeal which has been registered as Criminal Appeal No. 1128/95 against the finding of holding him guilty for committing murders of his father Kunkuram, step-mother Ravibai, step brothers Nankua, Chatua and Shankarlal and step-sisters Jugnabai and Muliabai and recommendation for sentencing him to death.2. It has not been disputed by the accused that Kunkuram (since deceased) had left about 20 years prior to the date of incident his married wife Hirabai, daughter Urmila and son accused Budhram at village Basti Baradwar where they used to reside. At that time the daughter of Kunkuram to wit Urmila was aged about 5 years and his son, accused Budhram was aged about 3 years. It had also not been disputed that Kunkuram had kept Ravibai, as his wife and had gone for earning his livelihood alongwith Ravibai towards...
Vimla Devi Khemka and ors. Vs. General Manager, Madhya Pradesh State R ...
Court: Madhya Pradesh
Decided on: Nov-13-1995
Reported in: 1996ACJ876
R.P. Awasthy, J.1. Claimants, Vimla Devi Khemka and her three issues, have filed the present appeal for enhancement of the amount of Rs. 54,000/- (Rupees fifty-four thousand) with interest at the rate of 6 per cent per annum from the date of petition till the said amount is deposited in the Tribunal, which has been awarded by the Tribunal for the accidental death of Rajendra Prasad Khemka, who was the husband of the claimant No. 1, Vimla Devi Khemka and father of the claimant Nos. 2 to 4, Annapurna Khemka, Mamta Khemka and Munna. Madhya Pradesh State Road Trans. Corporation has also filed appeal against the same award challenging the finding of holding the driver of its bus to be rash and negligent in driving the violating bus. Both of the said appeals shall be simultaneously disposed of by this single order.2. Claimants' contention is that on 10.6.1981 driver Shankar Singh was bringing the violating bus from Rewa towards Satna driving it in a rash and negligent manner. The said bus wa...
Commissioner of Income-tax Vs. Chandan Wood Products
Court: Madhya Pradesh
Decided on: Nov-10-1995
Reported in: [1996]217ITR834(MP)
A.K. Mathur, Actg. C.J.1. This is a reference at the instance of the Revenue. The following question of law has been referred by the Income-tax Appellate Tribunal for answer by this court :'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in cancelling the order dated August 19, 1983, passed by the Commissioner of Income-tax under Section 263 of the Income-tax Act, 1961 ?'The facts giving rise to this reference are that the assessee is a partnership firm which was being assessed as a registered-firm under the Income-tax Act. During the assessment year 1978-79, it filed a declaration under Section 184(7) of the Income-tax Act in Form No. 12 on June 29, 1978, and continuation of registration was granted to the assessee-firm by the Income-tax Officer by his order dated August 25, 1981. Subsequently, the Commissioner of Income-tax made certain enquiries and vide his order dated August 19, 1983, under Section 263 of the Act set aside the order of ...
J.K. Sharma Vs. Central Bank of India and anr.
Court: Madhya Pradesh
Decided on: Nov-10-1995
Reported in: 1996CriLJ1841
ORDERT.S. Doabia, J.1. Notice of admission in this petition was basically given with regard to inclusion of matter mentioned at Sr. No. 2(a) and (c) in the charge sheet. These read as under:'2(a) Shri Sharma served a legal notice dated 20- 9-1994 from Shri A. M. Naik, Advocate through Regd. letter No. 1249 dated 23-9-1994 to pressurise the management to get transfer from Behat branch to any of the Branch in Gwalior taking a plea that discrimination is done with him.(b) xx xx xx xx(c) Mr. Sharma filed a petition at Gwalior High Court against his rotational transfer to Behat branch as Branch Manager, without the bank permission.'2. A citizen of this country is entitled to have redress through the legal system and merely because a notice has been issued on his behalf it cannot be made a ground or subject matter of an enquiry. The inclusion of such charge would amount to interference with the process of administration of justice. Any kind of threat veiled or apparent which amounts to threa...
Rajendra Kumar Pate Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-09-1995
Reported in: 1996(0)MPLJ580
ORDERS.K. Dubey, J.1. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of his discharge dated 23-8-1988 (Annexure 6) passed under Rule 13(3) of the Army Rules (for short 'the Rules') framed under Section 191(2)(a) of the Army Act, 1950 (for short 'the Act').2. The facts giving rise to this petition are these. The petitioner was enrolled as Combatant recruit, after giving answers to the questions put by the Assistant Returning Officer, H. Q. Zonal Office, Sidhi in the prescribed form (Annexure R-1). The petitioner was temporarily selected and was sent for physical training at 3 EME First Battalion Centre, Bairagarh, Bhopal, for a period of six months. After completing physical training he was sent for Trade training of Vehicle Mechanic where he remained till 19-9-1987. On completion of the successful training, the petitioner was granted Certificate of Proficiency by the Commandant, Officer Commanding 2nd Training Battalion, 3 EME C...
Narendra Kumar Dubey Vs. Family Planning Association of India and ors.
Court: Madhya Pradesh
Decided on: Nov-09-1995
Reported in: 1996(0)MPLJ625
ORDERS.K. Dubey, J.1. By this petition under Article 226 of the Constitution of India the petitioner has challenged the order dated 9-1-1995 (Annexure-J) passed by the respondent No. 3 the Honorary Secretary, Family Planning Association of India, Jabalpur, directing the Medical Officer, Urban Family Welfare Centre, (UFWC), Madanmahal, Jabalpur not to take the petitioner, an ex-Health Assistant on job until and unless any further orders are received.2. Shri S. K. Mukherjee learned counsel for the respondents raised a preliminary objection that the Family Planning Association of India (for short 'FPAI') is a society registered under the Societies Registration Act, 1860 and is also registered under the Bombay Public Trust Act, 1950 (BOM XXIX of 1950) bearing registration No. 3108 of 1954-55 is not 'State' under Article 12 of the Constitution, hence, is not amenable to writ jurisdiction.3. Shri R. K. Gupta, learned counsel for the petitioner submitted that FPAI is 'State' under Article 12,...
Punjab National Bank Vs. Kishanlal Soni and anr.
Court: Madhya Pradesh
Decided on: Nov-08-1995
Reported in: AIR1997MP27
S.C. Pandey, J.1. This is plaintiffs Appeal under Clause 10 of the Letters Patent against the judgment and decree dated 24-9-1986 passed by a single Judge of this Court in first Appeal No. 127, 1980 arising out of judgment and decree dated 3-4-1980 passed by Shri R.C. Khare, District Judge, Bilaspur, in Civil Suit No. 8-B/1978.2. The learned single Judge has dismissed the appeal filed by the appellant, The appellant claimed that it was entitled to recover the loan taken on 11-1-1973 by the respondent No. 1 amounting to Rs. 33,600/- for purchasing a matador mini-bus. The rate of agreed interest was alleged to be at the rate of 5% above the rate fixed by the Reserve Bank of India or minimum 11% per annum. Accordingly,, the respondent No. 1 executed a promote. The respondent No. 1 was required to repay the loan in 48 monthly instalments at the rate of Rs. 800/- per month. The respondent No. 2 was made the guaranter of the repayment of loan by executing a deed of guarantee. The mini-bus wa...
Commissioner of Income-tax Vs. Satyam Ginning Pressing and Oil Mills
Court: Madhya Pradesh
Decided on: Nov-08-1995
Reported in: [1996]217ITR688(MP)
A.R. Tiwari, J.1. This is an application under Section 256(2) of the Income-tax Act, 1961, seeking direction to the Income-tax Appellate Tribunal, Indore, to state the case and refer the question of law to this court arising out of its order dated July 15, 1993, passed in ITA No. 182/IND/ 1989, for the assessment year 1986-87.2. The facts lie in a narrow compass.3. The assessee is a registered firm. It procured a ginning and pressing factory on lease from a charitable trust on a monthly rent of Rs. 35,000. The Assessing Officer noted that the assessee made payment to the trust by way of rent in violation of Section 40A(3) of the Income-tax Act, 1961, to the extent of Rs. 1,90,248 and added the same to the income of the assessee. In appeal, the Commissioner of Income-tax (Appeals) deleted the amount of Rs. 67,248 being payments made on Saturdays after banking hours. The Tribunal, however, deleted the entire addition and held that the trust was duly identifiable and the payments made by ...
Chingabeg and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-08-1995
Reported in: II(1996)DMC532
A.S. Tripathi, J.1. This appeal has been filed against the judgment and order dated 15.12.1994 passed by 1st Additional Sessions Judge of Gwalior convicting all the appellants Under Section 498A, IPC and sentencing each of them to undergo two years RI and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo one month's S.I. Appellant Kasim Beg has also been convicted Under Section 364, IPC and has been sentenced to five years RI and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo three months' S.I.2. Facts of the case are that Smt. Guddi was the legally wedded wife of appellant Kasim Beg. She was living with him. She was married with the appellant Kasim Beg sometime in the year 1983. A son was born from their wedlock. The son was living with the appellant Kasim beg. According to the prosecution version, Smt. Guddi was not being properly treated by the appellants in their family. She was being tortured off and on and she had to run to ...
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