Madhya Pradesh Court July 1995 Judgments
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Rajesh Dass Vs. Mrs. Usha Dass
Court: Madhya Pradesh
Decided on: Jul-14-1995
Reported in: 1996MPLJ227
A.K. Mathur, Actg. C.J.1. This petition has been placed before this Court for confirmation of decree of judicial separation passed by the IIIrd Additional Judge to the Court of District Judge, Hoshangabad, dated 30th April, 1994.2. Smt. Usha Das filed a petition against Rajesh Das for decree of judicial separation on the ground of adultery and cruelty against her husband that he is living in adultery with one Minakshi and he is also treating her cruelty by beating her. Petition was contested by the other side and the husband dented the allegations. On the pleadings of the parties about 6 issues were framed and the learned Additional District Judge after recording necessary evidence of the petitioner granted a decree of judicial separation. After filing written statement the respondent did not appear to contest and remained ex parte, therefore, evidence was recorded ex parte and decree of judicial separation was passed and same has been placed for confirmation.3. Notices were issued to ...
A.K. Varma Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-14-1995
Reported in: 1996(0)MPLJ29
ORDERT. S. Doabia, J.1. This order shall govern the disposal of the present writ petition and the writ petitions indicated in the schedule to this order.2. The petitioner is a permanent employee of Nagar Palika Parishad, Morena. Earlier, he was an employee of Town Improvement Trust, Morena. The Town Improvement Trust was taken over by way of merger by the Nagar Palika Parishad. This is how the petitioner came in the service of Nagar Palika Parishad. It is the case of the petitioner that the Government of Madhya Pradesh framed a policy with a view to provide housing accommodation to the employees of various Local Bodies. It issued a circular on 12th of July, 1988. Copy of this has been placed on record as annexure P/3. The policy, annexure P/3, as indicated above deals with the method and manner in which land could be allotted to the employees working in various institutions looked after by Local Self Department. According to the petitioner, the Nagar Palika Parishad, Morena showed its ...
Chambal Ghati Shiksha Prasar Samiti Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-14-1995
Reported in: 1995(0)MPLJ969
ORDERT.S. Doabia, J.1. The brief facts for the purposes of this Writ Petition are as under:An elected governing body of Chambal Ghati Shiksha Prasar Samiti, society registered under the M. P. Societies Registrikaran Adhiniyam Act, 1973 (hereinafter referred to as the Act) District Morena passed a resolution, on 5th of November, 1989. By this, it was decided that no new member would be inducted and the election is to be conducted on the basis of membership as it was on 5th of November, 1989. It is the further case of the petitioner, that the election was in fact held and new body was elected on 10th of December, 1989. A copy of the proceedings have been placed on record as annexure P/V2. The further fact is that there was some dispute as to whether the election held on 10th of December, 1989 was rightly held or not. An enquiry was held by the Registrar. On 18th of June, 1990, it was concluded that the elected body was rightly elected. An order to this effect was passed by the Registrar....
Abdeali Ali HussaIn Sethwala Vs. Asgarali Tahirali and anr.
Court: Madhya Pradesh
Decided on: Jul-13-1995
Reported in: 1996(0)MPLJ171
ORDERJ.G. Chitre, J.1. This revision petition is hereby finally decided with the consent of both the parties because the question involved is short and because of that, the trial which is in progress should not be obstructed.2. Shri Jain submitted that the re-examination should be permitted only if there happens to be an ambiguity in the examination-in-chief or has been created in the cross examination. He submitted that in the present case there was no ambiguity and, therefore, the order passed by the trial court permitting re-examination of witness-Haidarali was incorrect and illegal. Shri Sharma submitted that if the petitioner has a grievance by the order of the court permitting re-examination of Haidarali, the petitioner is at liberty to cross-examine the said witness on that point.3. The trial court was examining the said witness, and therefore, the trial court was in best position to judge whether there was an ambiguity apparent in the evidence in view of the averments made by t...
Punna and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-13-1995
Reported in: 1996(0)MPLJ376
Fakhruddin, J.1. The appellants have preferred this appeal against their conviction and sentence recorded by Addl. Sessions Judge, Guna in S. T. No. 53/85. Appellant No. 1 Punna and appellant No. 2 Premnarain have been convicted under Section 325/34, Indian Penal Code and sentenced to 2 years R. I., while appellant No. 3 Lalaram has been convicted under Section 307, Indian Penal Code and sentenced to 5 years R. I.2. The prosecution case is that on 5-1-1985 in the night at about 10 p.m. all the appellants along with two acquitted co-accused, named Omkarlal and Komalsingh formed an unlawful assembly with common object of attempting on the life of Pyarelal and causing grievous injuries to Devilal. They were armed with Lathi, Luhangi and Kulahri. They were charged for the offence under Sections 148, 307/149 and 325 read with Section 149 of Indian Penal Code. Complainant Devilal s/o Harkishan, has two sons named Pyarelal (P.W.2) and Ganpat (P.W.3). Accused Punna s/o Chhutya, has four sons n...
State of M.P. Vs. Bheru @ Bherulal and ors.
Court: Madhya Pradesh
Decided on: Jul-12-1995
Reported in: II(1995)DMC550
R.D. Shukla, J. 1. The appeal is directed against the judgment and order dated X7.12.1987 of the IInd Addl. Sessions Judge, Dhar passed in S.T. No. 110/ 87 whereby the accused-respondents have been acquitted of the offence punishable Under Sections 147, 307, 498A and 149 of I.P.C. for forming unlawful assembly and committing attempt to murder in pursuance of common object of their all.2. P.W. 6 Mangilal, P.W. 7 Shantabai are the father and mother of P.W. 3 Sumitrabai. Sumitrabai was married to Radhu @ Radheshyam. She lived for some time with Radhu and had come second time from her parent's house for living with him.3. It is alleged that on earlier occasion i.e., on 21.5.1986 Sumitrabai was admitted in the hospital for treatment. Sumitrabai had burn injuries. After the treatment Sumitrabai was taken by her parents but because of the death of her father-in-law Onkarlal she was sent back to her husband's house (i.e., Radhu's house).4. The prosecution case in brief is that these accused pe...
Ranjana Munshi Vs. Taral Munshi and anr.
Court: Madhya Pradesh
Decided on: Jul-11-1995
Reported in: II(1995)DMC581; 1996MPLJ29
J.G. Chitre, J. 1. This appeal is assailing the order which has been passed by IXth Additional District Judge (Matrimonial Court), Indore dated 17.11.1983 by which he permitted respondent No. 2 Girjashankar Mishra s/o Sadashiv Mishra, the father of present appellant Ranjana to contest as a party in the matter of Matrimonial Petition No. 535 of 1991.2. The marriage between appellant Ranjana and respondent No. 1 Taral Munshi was solemized on 8.5.1989 at Indore by Hindu religious rites. Thereafter both of them lived together for a considerable period. They were unable to adjust themselves in the said matrimonial tie and, therefore, a petition in view of provisions of Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as Hindu Marriage Act for convenience) came to be filed in the Matrimonial Court by appellant Ranjana against respondent No. 1 Taral Munshi. She prayed for a decree of divorce and dissolution of said matrimonial tie. Thereafter both, Ranjana and Taral Munshi file...
Ashok Kohli Vs. Prakash Chand and ors.
Court: Madhya Pradesh
Decided on: Jul-10-1995
Reported in: 1996ACJ416; AIR1996MP50; 1995(0)MPLJ838
Shacheendra Dwivedi, J. 1. This appeal is filed under Section 173 of M. V. Act, 1988. A preliminary objection is raised by Shri B. N. Malhotra, counsel for respondent No. 4 that the appeal is incompetent and cannot be entertained as the appellant with the appeal did not deposit the half of the awarded amount. The award being for Rs. 50,000/-.2. On the other hand, the appellant submits that he wants to 'withdraw' the appeal, and therefore, prays that the appeal be allowed to be 'withdrawn'.3. The claimants' counsel Shri J. P. Shri-vastava appearing for respondents 1 and 2 submits that since the respondents have filed cross-objections in the appeal, therefore, even if the appeal is allowed to be withdrawn, the cross-objections are still required to be heard and determined. The contention of Shri Shri-vastava is based, on the provisions of Sub-rule (4) of R.22 of O.41, C.P.C., which provides that --'Rule 22 --(I) to (3) xxx xxx xxx(4) Where, in any case in which any respondent has under t...
Lata Vs. Dhanpal and anr.
Court: Madhya Pradesh
Decided on: Jul-10-1995
Reported in: II(1995)DMC440
J.G. Chitre, J.1. This petition has been filed by one Lata wife of Dhanpal for challenging the order passed by IXth Additional District Judge (Matrimonial Court), Indore dated. 10.10.1994 in the matter of Matrimonial Petition No. 96/93 by which her application for pendente lite alimony was dismissed.2. Few facts need to be stated for the purpose of unfolding the controversy between the petitioner and Dhanpal s/o Chandmal Jain, Oppon. No. 1 which can be enumerated as mentioned below. Petitioner Lata was previously married with one Komalchand Jain and because the spouses were unable to keep cordial relations between them, Lata took the shelter of her parental house. It appears from record that there was a matrimonial petition for divorce between petitioner Lata and said Komalchand Jain and in the result the marriage between Lata and Komalchaand Jain was dissolved on 27.11.1992. The record shows that there was no issue during the wedlock between Komalchand and petitioner Lata.3. The averm...
J.P. Gupta Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Jul-06-1995
Reported in: [1997]224ITR733(MP)
D. M. Dharmadhikari, J.1. The following questions of law have been referred by the Tribunal to this court at the instance of the assessee undersection 27 of the Wealth-tax Act, 1957 :' 1. Whether the Tribunal was right in holding that books forming part of the library of an advocate were outside the purview of 'books' as contemplated in Section 5(1)(xii) of the Wealth-tax Act ? 2. Whether books forming part of the library of an advocate would tantamount to tools and instruments as stated under Section 5(1)(x) of the Wealth-tax Act ?' 2. The relevant provisions of the Wealth-tax Act containing exemptions from wealth-tax in relation to certain specified assets, partially or wholly, for decision of the questions referred to us are as under :' 5. Exemptions in respect of certain assets. -- (1) Subject to the provisions of Sub-section (1A), wealth-tax shall not be payable by an assessee in respect of the following assets, and such assets shall not be included in the net wealth of the assess...
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