Madhya Pradesh Court March 1995 Judgments
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Sushil Kumar Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-23-1995
Reported in: 1995(2)ALT(Cri)4; 1996(0)MPLJ926
Rajeev Gupta, J.Counsels name removed here1. Shri R. K. Khare, the learned Government Advocate, raises a preliminary objection about the maintainability of this petition filed under Section 482, Criminal Procedure Code, by placing reliance on the decision of the Apex Court in the case of Dharampal and Ors. v. Ramshri and Ors. reported in AIR 1993 SC 1361.2. Shri Kochar, the learned counsel for the petitioner, in reply submitted that though in the petition the correctness and propriety of the order dt. 28-8-1992, passed by the Illrd Addl. Sessions Judge, Raipur in Criminal Revision No. 87/92 and order dt. 19-2-1992, passed by Judl. Magistrate, First Class, Gariyaband in Criminal Case No. 578/90, has been challenged, but, in fact now the petitioner is challenging the propriety of initiating and continuance of the proceedings against the petitioner, only on inadmissible evidence. Petitioner, Sushil Kumar Sharma, has filed this petition under Section 482, Criminal Procedure Code being aggr...
Shyam and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-23-1995
Reported in: 1995CriLJ3598
P.N.S. Chouhan, J.1. In this appeal the appellants challenge their conviction under Sections 148 and 302 read with Section 149 of the IPC and sentence of two years Rigorous Imprisonment on the charge of riot and imprisonment for life and fine of Rs. 2,000.00 each, in default Rigorous Imprisonment for six months on the charge of murder with direction for concurrent running of sentences recorded vide judgment dated 10-1-1987 passed in Sessions Trial No. 20/1986 of Hoshangabad Sessions Division.2. The appellants and Harchand (PW-1) are residents of village Bhunnasa near Harda. Deceased Ramchand was Sarpanch of that village. On 5-9-1984 Ramchand had come to Harda to attend some Court work. After that he was going to Janpad office along with Harchand. At a short distance from the Janpad office the deceased requested Harchand to follow on foot, himself got on his bicycle and proceeded towards the Janpad office. No sooner he reached in front of Janpad office building he was assaulted by the a...
Phoolchand (Deceased by Lrs.) and ors. Vs. Shankerlal (Through Lrs.) a ...
Court: Madhya Pradesh
Decided on: Mar-22-1995
Reported in: AIR1995MP222
J.G. Chitre, J. 1. The appellants are assailing the judgment and decree passed by 1st Addl. District Judge, Ratlam in the matter of Civil Appeal No. 6-A/79. 2. Shri Amarsingh learned counsel appearing for the appellants submitted that the learned 1st Appellate Court committedthe error of law when the matter was revolving on two points : (i)That the appellants were in adverse possession of suit land even as per averments made by Shankerlal Bhat before Sub-Divisional-Officer, Alot. When he averred that he was dispossessed from 28-6-49. (ii) For the purpose of getting the exclusion of period of limitation, Shankerlal Bhat was not prosecuting the cause in the court which did not have the jurisdiction, and also he did not prove that he was prosecuting the said cause diligently. 3. For substantiating his contention Shri Amarsingh submitted that it is not necessary for the appellants to make out the special pleadings of adverse possession. They were entitled to make such a case from the aver...
Jamunabai and Two ors. Vs. Surendrakumar and anr.
Court: Madhya Pradesh
Decided on: Mar-22-1995
Reported in: AIR1995MP274; 1996(0)MPLJ113
R.S. Garg, J. 1. This miscellaneous appeal under Section 299 of the Indian Succession Act has been filed by some objectors against the order dated 4-7-1986 passed in Probate Case No. 4 of 1983 by the learned Additional Judge, Mhow to the Court of District Judge, Indore, rejecting the objections filed by the objectors and granting the probate certificate on the application of respondent No. 1 filed under S. 276 of the Indian Succession Act.2. The respondent No. 1 filed an application under Section 276 of the Act alleging therein that deceased Dujaia, who was the real elder brother of respondent No. 1, executed a will on 20th April, 1976 in favour of the respondent No. 1 whereunder the properties were bequeathed in favour of the respondent No. 1. It was further averred that Dujaia having expired on 5-6-1976, the respondent No. 1 has succeeded to the property. According to the respondent No. 1 the properties described in the Will would be succeeded by him which include moveables and immov...
Naresh Chandra Vs. Aksha Anand and ors.
Court: Madhya Pradesh
Decided on: Mar-22-1995
Reported in: II(1996)DMC104
Rajeev Gupta, J.1. Petitioner Naresh Chandra, husband of non-petitioner No. 2 Reshma Bai, has filed this petition Under Section 482 Cr. P.C challenging the correctness and propriety of the order dated 23:9.94, passed by 1st Addl. Sessions Judge, Raigarh in Criminal Revision No. 50/94, where by the petitioner/husband was directed to give sample of his flood fo 'Paternity Test'.2. Non-petitioner Reshma Bai filed an application Under Section 125 Cr. P.C. for grant of maintenance for herself and her son Aksha Anand, non-petitioner No.l, from petitioner Naresh Chandra. Petitioner Naresh Chandra, in his reply to the above application, denied the fact of marriage between himself and non-petitioner Reshma Bai. The petitioner also denied that non-petitioner No. 1 Aksha Anand was his son.3. During the pendency of the proceedings Under Section 125 Cr. P.C, non-petitioner Reshma Bai applied for examination of sample of blood of the petitioner and of non-petitioner No. 1 for establishing that petit...
Saiyyad JalaluddIn Mohammed Khalid Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-22-1995
Reported in: 1996(0)MPLJ713
ORDERT.S. Doabia, J.1. The petitioner, a practising advocate, aggrieved by the action of the State of Madhya Pradesh in ordering the removal of his name from the register of Notary (Public). The copy of this order is Annexure A-5.2. The brief facts out of which this petition arises be noticed. The petitioner is duly enrolled as an advocate. He was so enrolled on 30th of October, 1972. He was appointed as a Notary on 28th of September, 1983. This appointment was for a period of three years. Copy of appointment order has been placed on record as Annexure A-2. It is the case of the petitioner that he was duly appointed as Notary after an inquiry as contemplated by Rule 6 of the Notary Rules, 1956 framed under Notaries Act, 1952 was held. The name of the petitioner was duly notified in terms of Rule 6(2) of the Rules in the Official Gazette. Objections were invited. No objection was received within the period of 14 days. The District Judge, Morena made his recommendations and the petitione...
Brij Kishore Shukla Vs. M.P.S.R.T. Corporation and ors.
Court: Madhya Pradesh
Decided on: Mar-21-1995
Reported in: (1997)IIILLJ551MP; 1995(0)MPLJ870
ORDERT.S. Doabia, J.1. Brij Kishore Shukla for short Shukla was once an employee of the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation). He is dead. He is represented by his legal heirs. These legal heirs seek continuance of the present legal proceedings as according to them the services of the deceased petitioner Brij Kishore Shukla were brought to an end by an order which is beyond the scope of statutory provisions. According to them if the order goes, then they would be entitled to the monetary benefits of back wages.2. In the background of assumption on the part of the legal heirs of the deceased petitioner Shukla, the facts of this case be noticed.3. Deceased Petitioner Shukla, as noticed above, was an employee of the Corporation. He was found travelling without a ticket. He was convicted under the Madhya Pradesh Rajya Pariwahan Sewa (Bina Ticket Yatra Ki Rok) Adhiniyam, 1974. Against the order passed by the Motor Vehicles Mobile Court,...
Gwalior Sugar Co. Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-20-1995
Reported in: [1997]224ITR321(MP)
S.K. Dubey, J. 1. At the instance of the assessee, the Income-tax Appellate Tribunal, Delhi, Bench-E(B), has referred under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), for the opinion of this court the following questions ;' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in treating the medical expenses of Rs. 1,506 as perquisite and disallowing the same ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in rejecting the assessee's claim of depreciation at 15 per cent. on the machinery which came into contact with corrosive chemicals ?' 2. We take up question No. (ii) first. The assessee, Gwalior Sugar Co. Ltd., Dabra, claimed depreciation at the rate of 15 per cent. on the machinery on the ground that in the process it came into contact with corrosive chemicals and, therefore, the higher rate of depreciation of 15 per cent. should be allowed to it. This claim has bee...
Meera Bai and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Mar-20-1995
Reported in: 1995ACJ1274; 1996MPLJ51
S.K. Dubey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, (for short, 'the Act'), by the claimants against the award dated 4.11.1993, passed in Claim Case No. 5 of 1991 by the Fifth Additional Motor Accidents Claims Tribunal, Gwalior.2. Brief facts giving rise to this appeal are these: One Hukmi, the husband of appellant No. 1 and father of appellant Nos. 2 and 3, was travelling in truck No. CPW 7690 on 26.11.1990, which met with an accident because of rash and negligent act of the driver, the respondent No. 2, as a consequence of that, he died at the spot. A dehati nalis was lodged by one Ramua, who was also travelling as a labourer in the truck which was loaded with the gittis. The claimants filed an application under Section 166 of the Act and claimed total compensation of Rs. 4,25,000/-, averring therein that the deceased was travelling as a labourer in the truck, who was engaged on the same day at the rate of Rs. 30/- per day by the driver of the truck....
National Insurance Company Ltd., Gwalior Vs. Kamarjahan and ors.
Court: Madhya Pradesh
Decided on: Mar-16-1995
Reported in: 1995ACJ1150; AIR1996MP5; 1995(0)MPLJ722
D.M. Dharmadhikari, J.1. This appeal has been preferred by the National Insurance Company, Ltd. (hereinafter referred to as the 'Insurer') under Section 173 of the Motor Vehicles Act, 1988, against the Award dated 19-9-1990, passed by the Motor Accidents Claims Tribunal, Guna, for short, the 'Tribunal'.2. The necessary facts, in brief, are that deceased Ahmad Hussain was driver of a new Fiat Car, temporary No. MRV 580. The Fiat car was one amongst the convoy of about 50 new Fiat cars going from Bombay for delivery to Gwalior. The Fiat car mentioned above which was driven by deceased Ahmad Hussain, met with an accident as truck No. MBF 944, coming from the opposite direction between Guna and Shivpuri, dashed against the car. The driver of the Fiat car lost his life instantaneously.3. In the claim petition, filed by the mother, brothers and sister of the deceased, all other parties, namely, M/s. Rremier Automobiles, an Automobile dealer at Gwalior where the cars were to be delivered, the...
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