Madhya Pradesh Court February 1995 Judgments
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United India Insurance Co. Ltd. Vs. Motiram and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1995
Reported in: I(1995)ACC571; 1996ACJ694; (1996)IIILLJ1085MP
R.D. Shukla, J.1. The appeal is directed against the judgment and order dated June 22, 1987 of the Commissioner for Workmen's Compensation passed in Case No. 1207 Gha/Ksha/84 whereby a compensation of Rs. 19,200/- has been directed to be paid by the Insurance Company (appellant here). This appeal has been filed by the Insurance Company disclaiming the responsibility of payment.2. The brief history of the case is that Motiram was working in a truck No MPN 5666. The same was owned by respondent No. 3 here. Gulabsingh was working in the truck. The truck met with an accident on May 21, 1982. Gulab Singh, who was an employee in the truck, died immediately. He was receiving a pay of Rs. 350/- per month from the owner of the truck. The information about the accident was given by the owner of the truck on June 27, 1982. Thereafter these claimants i.e. respondent Nos. 1 and 2 who are the parents of Gulabsingh, filed an application for payment of compensation. The same was resisted by respondent...
Virendra Garg Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-15-1995
Reported in: I(1995)DMC652
J.G. Chitre, J.1. This bail application has been filed by the accused, who has been charged for committing an offence punishable under Section 304B, I.P.C., after the charge-sheet has been filed in the Court.2. The applicant has been charged, for causing his wife Kalpana Garg to commit suicide on account of demand of dowry, along with his parents, sisters and brother. The prosecution case in short is that after the marriage of deceased Kalpana, she was ill-treated by the applicant and his parents etc. and, therefore, she committed suicide. It is also the case of the prosecution that on account of Rakhi, Kalpana had visited the house of her parents and left a chit addressed to her sister conveying that she was not safe at her husband's and in-laws' house.3. After Kalpana committed suicide, the room where Kalpana and present applicant were residing was sealed by the investigating agency. Probably it felt that there was something suspicious in the said room which may help in further inves...
Durguatiyabai Vs. Govinddas
Court: Madhya Pradesh
Decided on: Feb-15-1995
Reported in: II(1995)DMC490
N.P. Singh, J.1. This revision application is directed against the order dated 9.4.1992 passed by the Second Addl. Sessions Judge, Rewa in Criminal Revn. No. 88/90 whereby he reduced the maintenance allowance payable to the applicant to Rs. 150/- per month from Rs. 200/- as was granted by the Trial Magistrate.2. The applicant/wife moved an application under Section 125 of the Code of Criminal Procedure before the Judicial Magistrate, Nauganj, Rewa for grant of maintenance allowance to her on the ground that she was ousted by the non-applicant/husband from his house and had deserted her and he had married another lady.3. Pursuant to the notice the non-applicant/husband appeared and stated that he was all along willing and ready to maintain the applicant.4. The learned Judicial Magistrate, on consideration of the evidence adduced by the parties allowed maintenance allowance to the applicant to Rs. 200/- per month payable from the date of the order. As against that the non-applicant/husba...
Sabal Singh Vs. Madhya Pradesh State Road Trans. Corpn. and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1995
Reported in: 1996ACJ162
R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 20.7.1987 of Motor Accidents Claims Tribunal, Mandleshwar, passed in Claim Case No. 37 of 1986 whereby claimant-appellant has been awarded compensation of Rs. 17,534/- with interest at the rate of 12 per cent per annum from the date of filing of application till realisation of the same for having sustained injury in a motor accident on 23.11.1985.2. This appeal has been filed for the enhancement of compensation amount.3. This is not in dispute that the claimant-appellant was moving on a Luna moped on the date of accident and the motor bus No. MBI 2558 driven by respondent No. 2 and owned by respondent No. 1 came from the opposite side near Bodgaon crossing. The driver took a sudden turn towards Sanawad side and dashed against the Luna. The claimant became unconscious, sustained injuries on head and leg including fracture of tibia and fibula. He was taken to M.Y. Hospital, Indore and remained there for 11/2 mo...
Dr. V.V. Devsthale Vs. Income-tax Officer and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1995
Reported in: [1995]214ITR315(MP)
A.R. Tiwari, J.1. This is a petition under Article 226/227 of the Constitution of India.2. Briefly stated, the facts of the case are that the petitioner is a partner of the firm bearing the name and style of Opal Fine Chemicals Industries, which carries on business at Indore. The firm was constituted on April 28, 1953, and carries on the business of manufacture and sale of cosmetic chemicals. It was assessed to income-tax for the first assessment year, i.e.,1974-75. The firm obtained registration under the relevant provisions of the Income-tax Act. Various assessment orders were passed. The petitioner filed returns showing losses at Rs. 1,74,610 and Rs. 2,29,947 for the assessment years 1978-79 and 1980-81, respectively. For non-compliance with notices under Section 143(2), the Income-tax Officer completed the assessments ex parte determining the total income at Rs. 3 lakhs and Rs. 5 lakhs, respectively. It appears that the petitioner did not file any application under Section 146 agai...
Mishrilal and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-14-1995
Reported in: I(1995)DMC646
C.K. Prasad, J.1. The two petitioner are aggrieved by the order dated 12-7-94 passed by the Addl. Sessions Judge, Narshigharh, in S.T. No. 87/92, whereby he has directed for framing of charges against the petitioners for offences under Section 302 IPC and in the alternative under Sections 304B, 177, 498A and 201 IPC by its order dated 12-7-94. The learned Judge by the said order has also directed that S.T. 87/92 as also S.T. 43/93 shall be disposed of analogously and the evidence taken in S.T. 87/92 shall be read also in S.T. 43/93.2. The petitioners aggrieved by the aforesaid order have preferred this revision application.3. Shri Jaisingh, attempted to argue that direction of the learned Judge for taking on to record the evidence recorded in S.T. 87/92 in S.T. 43/93 is illegal. However, later on he gave up this attempt and submitted that he will confine his prayer in relation to framing of charges only. It may be stated here that evidence of seven witnesses have already been recorded ...
Malkibai and ors. Vs. Badriprasad and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1995
Reported in: 1996ACJ38
R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 10.1.1987 of the Motor Accidents Claims Tribunal, Jhabua, passed in Claim Case No. 31 of 1985 whereby the claimants-appellants have been awarded a compensation of Rs. 35,000/- with a further direction that the same would be paid by respondent Nos. 1 and 2.2. The brief history of the case is that Narsingh, the husband of the claimant-appellant No. 1 and father of claimant-appellant Nos. 2 to 8 and son of the claimant-appellant Nos. 9 and 10, was bringing maize-straw in a motor tractor No. MBI 8687. This motor tractor was owned by the respondent No. 2, the predecessor of respondent Nos. 2(1) to 2(8) and was driven by respondent No. 1. The motor tractor was insured with respondent No. 3 at the relevant time.3. Narsingh had engaged this tractor for bringing the maize-straw from the threshing ground of Narsingh. He was also sitting on the trolley for maintaining the balance of straw loaded on the trolley. Narsingh...
Parijat Chemicals Pvt. Ltd. Vs. Income-tax Officer and Others.
Court: Madhya Pradesh
Decided on: Feb-14-1995
Reported in: [1995]216ITR221(MP)
This is a petition under article 226/227 of the Constitution of India.Briefly stated, the facts of the case are that the petitioner is a private limited company incorporated and registered under the Companies Act. Dr. V. V. Devsthale is its director. The petitioner carries on the business of manufacture of fine aromatic chemicals, perfumery, compounds, drugs, intermediates, etc., and also of taking over as a going concern, the partnership business carried on under the name and style of Sunita Aromatics, Indore. The firm was assessed to income-tax for the first assessment year, i.e., 1974-75. The firm obtained registration under the relevant provisions of the Income-tax Act, 1961. Various assessment orders were passed. The petitioner filed returns showing losses at Rs. 1,74,510 and Rs. 2,29,947 for the assessment years 1978-79 and 1980-81, respectively. For non-compliance with the notices under section 143(2), the Income-tax Officer completed the assessments ex parte determining the tot...
Rev. theodore Ekka Vs. Evangelical Church of India
Court: Madhya Pradesh
Decided on: Feb-13-1995
Reported in: AIR1996MP77
R.S. Garg, J. 1. The appellant-defendant, by the present appeal, has challenged the judgment and decree, dated 19-11-1993, passed in Civil Appeal No. 140-A of 1986, by the 1st Additional Judge to the Court of the District Judge, Hoshangabad, whereunder the order dated 30-9-1986 and the order, dated 10-10-1986, passed in Civil Suit No. 231-A of 1986, were set aside and the case was remanded back to the trial Court for proceeding in accordance with law.2. Brief facts leading to the appeal, are, the respondent-plaintiff filed Civil Suit No. 231-A/1986 against the present appellant-defendant in the trial Court for possession of, a church building parsonage building, for recovery of arrears of rent and damages and also prayed for an injunction against the appellant. It was stated in the suit that the plaintiff is a registered society registered under the U.P. Societies Registration Act, having its registration No. 449/58/ 59. It was also contended that the principal aim and object of the so...
Rajkumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-13-1995
Reported in: I(1995)DMC577
N.P. Singh, J.1. The appellant alongwith three others were prosecuted for the offences under Sections 306 and 498A of the Indian Penal Code before the Sessions Judge, Sehore in Sessions Trial No. 44 of 1990 of the allegation that the deceased committed suicide by hanging herself with the ceiling of the house on 6.9.1989 at the house of the appellant/husband on account of cruelty and harassment subjected to her for not bringing desired demand of dowry.2. The appellant was convicted under Sections 306 and 498A of the Indian Penal Code and was sentenced to undergo R.I. for seven years under Section 306 and three years under Section 498 of the Indian Penal Code while other co-accused were acquitted.3. On a written report (Ex. P-1) submitted by Ramdayal (PW-1) father of the deceased F.I. R. (Ex. P-14) was recorded by A.S.I. Shri R.S. Chaudawat (PW-17) and a case was registered and the investigation proceeded.4. After the charge-sheet, cognizance and the commitment the case came up for dispo...
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