Madhya Pradesh Court April 1995 Judgments
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State of Madhya Pradesh Vs. Udhe Lal
Court: Madhya Pradesh
Decided on: Apr-07-1995
Reported in: 1996CriLJ3202
J. Fakhruddin, J.1. State has preferred this appeal against the Order of acquittal of the respondent for offence punishable under Section 376/511 I. P. C. recorded by Shri R.K. Bajpai, Sessions Judge Shivpuri.2. Prosecution story, in brief, is that on 8-3-1980, Kammod Singh (PW-1) resident of Gram Narvar had gone to his well along with his wife Jamuna Bai (PW-3) since earlier a theft had taken place in his house, he left his daughter Harkunwar(PW-2) in the house, Harkunwar was then aged about 8-10 years. At 1 o' clock during the day when his wife Jamuna Bai came to the house for taking food, she saw that accused Udhe had over-powered her daughter. She was lying down and accused was over her in a position preparatory to sexual assault. As soon as Jamuna Bai entered the house, seeing her the accused ran away and in so doing only pushed her. Jamuna Bai enquired from her daughter, who told her that she was preparing meal then accused came in the house and brought her to this place, undress...
Kashiram Vs. Anil JaIn and ors.
Court: Madhya Pradesh
Decided on: Apr-07-1995
Reported in: 1996ACJ321
Tej Shankar, J.1. This miscellaneous appeal has arisen out of an order passed by the Motor Accidents Claims Tribunal on the claim petition filed by the appellant Kashiram with respect to an accident that took place on 10.9.1987 at the kacha rasta in front of Katora Tal, Gwalior, when the claimant was passing in the way. It was alleged that respondent No. 1 was driving scooter rashly and negligently and it was owned by respondent No. 2, Vijay Kumar Jain. The claimant-appellant suffered injuries as a result of the accident. His tibia and fibula bones were fractured. There were other injuries. Cycle was also damaged. He claimed Rs. 1,70,600/- as compensation. The claim was contested by both the respondents by filing written statements as well as by the insurance company by filing separate written statement. Respondent Nos. 1 and 2 contended that the vehicle (scooter No. CIH 5304) was being driven by respondent No. 2 and respondent No. 1 was sitting on the pillion. As soon as they reached ...
Gendalal and ors. Vs. Deennath and ors.
Court: Madhya Pradesh
Decided on: Apr-06-1995
Reported in: AIR1996MP3
Doabia, J.1. The dispute in this petition is with regard to the rights vis-a-vis a well situate on survey No. 765. As per the petitioner he is also entitled to the user of the well whereas the case of the respondents Nos. 1, 2, 3 and 4 is that they have exclusive right to use the well. It is highlighted that the well was constructed by forefathers of one of the respondents. The initial order was passed in favour of the petitioners, but the order of the Commissioner and Board of Revenue has gone against the petitioners.2. On 8th of December, 1987 this court permitted all the parties to draw water from the well. The order passed by the Division Bench is as under:--'In the meantime, the petitioners shall jointly use the water of the disputed well for irrigation purpose. It is submitted that the petitioners have their own diesel pump for drawing water and that separate arrangement is made also by non-petitioners 1 to 4. Accordingly, the parties shall have liberty to use their own machinery...
Commissioner of Income-tax Vs. Harbanslal Gupta
Court: Madhya Pradesh
Decided on: Apr-06-1995
Reported in: [1997]224ITR715(MP)
D.M. Dharmadhikari, J. 1. A common order is being passed in this application for reference at the instance of the Income-tax Department, represented through the Commissioner of Income-tax, under Section 256(2) of the Income-tax Act, 1961, and the connected Miscellaneous Civil Cases Nos. 220 of 1991 (Smt Bachan Devi Gupta), 221 of 1991 (Smt. Sudarshan Gupta), 192 to 199, all of 1991 and 280 of 1991 (Harbanslal Gupta, in all cases) as they arise out of the same proceedings of search and seizure conducted jointly by the Income-tax Department and the Central Excise Department. The applicant in all cases is the Commissioner of Income-tax, while the non-applicants in these cases are as indicated above in brackets.2. In all the cases, the applications for making reference of certain questions of law, proposed by the Department, have been refused by the Income-tax Appellate Tribunal. The Department has, therefore, claimed reference of those questions by invoking the jurisdiction of this court ...
Harbanslal Gupta Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Apr-06-1995
Reported in: [1997]224ITR721(MP)
D.M. Dharmadhikari, J.1. The order passed in this case shall also decide Writ Petition No. 654 of 1991 (Smt. Sudarshan Gupta v. Union of India) which is filed by the members of the family of the petitioner in relation to the orders of the authorities under the Income-tax Act and the Central Excise Act pursuant to the search and seizure conducted in the residential-cum-commercial premises of the petitioner.2. The facts, briefly, are that the petitioner's office-cum-residence at Gwalior was searched with the aid of the police by the Income-tax Department and Central Excise Department on March 22, 1974. In the course of the search, certain cash, gold and silver including' hundi khokas were seized and the panchanama for the same was prepared, a copy of which is on record as exhibit P-1. In those seized items, there were articles and valuables which, according to the petitioner, belonged to his mother, Bachandevi, and the wife, Smt. Sudarshan Gupta.3. After issuing a show-cause notice, the ...
Rajju Singh Vs. Munni Devi
Court: Madhya Pradesh
Decided on: Apr-06-1995
Reported in: II(1995)DMC456
T.S. Doabia, J.1. The right of a widowed daughter-in-law to claim maintenance from the father-in-law is the subject-matter of this revision petition. It arises out of following facts.2. Respondent Munnidevi, age 29 years, was married to one Mulayam Singh s/o Rajju Singh, present applicant. This Rajju Singh figures as a defendant in a suit said to have been filed Under Section 19(1) of the Hindu Adoptions and Maintenance Act, 1958 (hereinafter referred as the Act). It was pleaded by the respondent-widow that she has one-third share in the property and that she has no means to maintain herself. She, thus, claimed maintenance out of the ancestral property in which, according to her, her husband had a share. An application for interim maintenance was also filed. This stands allowed. Maintenance amount has been fixed. The present applicant who is father-in-law is to pay Rs. 250/- per month in this regard.3. The claim of the respondent was disputed. It was pleaded that a lumpsum amount of co...
Rajjusingh Ajuddhisingh Vs. Munnidevi Wd/O Mulayamsingh
Court: Madhya Pradesh
Decided on: Apr-06-1995
Reported in: 1995(0)MPLJ666
ORDERT.S. Doabia, J.1. The right of a widowed daughter-in-law to claim maintenance from the father-in-law is the subject-matter of this revision petition. It arises out of following facts.2. Respondent Munnidevi, aged 29 years, was married to one Mulaym Singh s/o Rajju Singh, present applicant. This Rajju Singh figures as a defendant in a suit said to have been filed under Section 19(1) of the Hindu Adoptions and Maintenance Act, 1958 (hereinafter referred to as the Act). It was pleaded by the respondent widow that she has one-third share in the property and that she has no means to maintain herself. She, thus, claimed maintenance out of the ancestral property in which, according to her, her husband had a share. An application for interim maintenance was also filed. This stands allowed. Maintenance amount has been fixed. The present applicant who is father-in-law is to pay Rs. 250/- per month in this regard.3. The claim of the respondent was disputed. It was pleaded that a lump sum amo...
Harbanslal Gupta Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Apr-06-1995
Reported in: (1998)145CTR(MP)208
D. M. DHARMADHIKARI, J. :The order passed in this case shall also decide Writ Petition No. 654 of 1991 (Smt. Sudarshan Gupta vs. Union of India) which is filed by the members of the family of the petitioner in relation to the orders of the authorities under the IT Act and the Central Excise Act pursuant to the search and seizure conducted in the residential-cum-commercial premises of the petitioner.2. The facts, briefly, are that the petitioners office-cum-residence at Gwalior was searched with the aid of the police by the IT Department and Central Excise Department on 22nd March, 1974. In the course of the search, certain cash, gold and silver including hundi khokas were seized and the panchanama for the same was prepared, a copy of which is on record as exhibit P-1. In those seized items, there were articles and valuables which, according to the petitioner, belonged to his mother, Bachandevi, and the wife, Smt. Sudarshan Gupta.After issuing a show-cause notice, the Customs Department...
Harvilas Kushwah Vs. Sports Authority of India and ors.
Court: Madhya Pradesh
Decided on: Apr-05-1995
Reported in: (1996)ILLJ450MP; 1995(0)MPLJ631
ORDERT.S. Doabia, J. 1. Petitioner was employed with LNCPE. He was given employment vide Annexure P/1. This is dated March 3, 1990. Thereafter the petitioner was appointed against the regular scale. This happened on December 18, 1990, Copy of this order is Annexure P/2 on record. Thereafter, vide Annexure P/3, dated January 25, 1991 petitioner's services were brought to an end on the ground that he was suffering from diabetes. It is this order which is being impugned in this petition.2. Learned counsel for the respondents has stated that the petitioner was found medically unfit. He is stated to be diabetic. This certificate issigned by the medical officer of the Institution.On the contrary, the petitioner has placed on record certificate issued by the Chief Medical and Health Officer, Gwalior to the effect that he is not suffering from this disease. There can be no ground that the petitioner being a workman would be governed by the provision of Industrial Disputes Act, 1947. His servic...
Surabji Nasarwanji Vs. J.N. Dubas and ors.
Court: Madhya Pradesh
Decided on: Apr-05-1995
Reported in: 1997(1)MPLJ220
ORDERN.P. Singh, J.1. This is a revision by the applicant, against the Order dated 5-1-1994 passed by the Ist Additional District Judge, Murwara in Probate Case No. 5 of 1991, rejecting the petition, under Order 6, Rule 17 of the Code of Civil Procedure, for amendment of the probate application.2. The applicant, executor of the will, executed by Smt. Tehmina Dubas on 6-12-1961 to her various relations, made an application, under section 276 of the Indian Succession Act, 1925 for probate of the will. The collateral non-applicant No. 6, widow of her predeceased son, and her son, non-applicant No. 7, raised objection about the maintainability of the application for probate, on the ground that in schedule of assets, Annexure-6, annexed to the application lacked in full discretion of the entire estate of the testator and the affidavit of valuation, annexed thereto, was grossly under valued.3. In order to meet objection, the applicant moved an application under Order 6, Rule 17 of the Code o...
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