Madhya Pradesh Court September 1995 Judgments
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Virendra Mahajan Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-22-1995
Reported in: 1996(0)MPLJ267
U.L. Bhat, C.J.1. This appeal is directed against the order of the learned Single Judge allowing Writ Petition No. 7 of 1995, setting aside the election of the 4th respondent in the Writ Petition (appellant herein) as President of Gadarwara Municipality and declaring the writ petitioner (4th respondent herein) as President in his place.2. General elections to Municipalities in the State under the provisions of the M. P. Municipalities Act, 1961, (for short the Act), as amended by Act No. 17 of 1994, were held in December 1994. The consequential elections to the posts of President and Vice-President of Municipalities were also held in the same month. Such election was held with reference to Gadarwara on 29-12-1994, at a meeting of the newly elected Councillors, presided over by the District Collector. The appellant and the 4th respondent contested for the post of President. Twenty-one Councillors were present and cast their vote. Eleven voted for the 4th respondent and ten for the appel...
Triveni Prasad and ors. Vs. Indrapal Kachhi and ors.
Court: Madhya Pradesh
Decided on: Sep-22-1995
Reported in: 1(1996)ACC206
S.C. Pandey, J.1. This is an appeal against the award dated 6.3.1990 passed by Motor Accident Claims Tribunal, Rewa, in claim Case No. 34/88.2. The facts of this case are as follows:The appellant No. 1 is the owner of the tractor to which a trolley is attached. It is registered as MPA 7901. The respondents filed an application before the Motor Accident Claims Tribunal claiming that their son Banaspati died as a result of accident caused by rash and negligent driving of tractor MPA 7901 by appellant No. 2 on 14.5.1988 at about 8.00 p.m. It was also stated in that Banaspati was studying in Vth Class and was earning Rs. 10/- per day as a casual labourer. It was alleged that tractor dashed against Banaspati when he was standing near the house of appellant. They claimed Rs. 65,000/- in all by way of damages.3. The appellants denied that any such accident took place with their tractor.4. The Claims Tribunal after full trial has held that appellants are liable for the death of Banaspati and i...
Deenanath and ors. Vs. Wazeer (Baseer) and ors.
Court: Madhya Pradesh
Decided on: Sep-22-1995
Reported in: 1(1996)ACC168
S.C. Pandey, J.1. This is an appeal under Section 110-D of Motor Vehicles Act, 1939, passed by the Motor Accident Claims Tribunal, Sagar presided over by Shri S.P. Khare, District Judge, Sagar in Mottor Claim Case No. 33-B/78.2. The appellants are the claimants who filed an application under Section 110-D of the Motor Vehicles Act, 1939 for recovery of damages for the death of their son aged about 12 years. It is not disputed that the owner of the bus was respondent No. 2 Smt. Bhagwati Bai and the respondent No. 1 was a driver of the bus bearing registration No. USG 2126.3. It is pleaded by the appellants on 19.10.1986 at about 3.00 p.m. their son Anil Kumar was riding a cycle and was going towards Katra from the oral adjoining to the Civil Court. He died as a result of an accident caused by the bus bearing No. USG 2126 driven by the respondent No. 1 Baseer Mohd. Khan. The bus was being driven negligently at a high speed without giving the horn. It was also claimed by the appellants th...
Commissioner of Income-tax Vs. Hassomal
Court: Madhya Pradesh
Decided on: Sep-21-1995
Reported in: (1996)133CTR(MP)1; [1996]217ITR636(MP)
A.R. Tiwari, J.1. The aforesaid six miscellaneous civil cases as particularised above, raise common question and as such were heard on the question of admission together.2. The applicant (Commissioner of Income-tax) has filed these applications under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), seeking a direction to the Income-tax Appellate Tribunal, Indore, to refer the case to this court for answering the question of law as proposed.3. The facts lie in a narrow compass. The assessee, Hassomal, was a partner in the firm, Prahladrai Hassomal. He expired on November 14, 1989. His widow, Smt. Ishwaribai, was admitted as a partner in this firm. The returns of income for the assessment years 1978-79 to 1983-84 werefiled by the assessee, Hassomal, on March 31, 1987, under the Amnesty Scheme declaring his income as Rs. 5,000 for each of the assessment years of 1978-79, 1979-80 and 1981-81, as Rs. 9,000 for the assessment year 1981-82, as Rs. 10,000 for each of the asse...
Sadami Lal Vs. Raj Kumari
Court: Madhya Pradesh
Decided on: Sep-21-1995
Reported in: II(1996)DMC135
R.S. Garg, J.1. On an application by the wife under Section 125, Cr.P.C, the Judicial Magistrate, First Class, Hoshangabad, in Misc. Criminal Case No. 36 of 1991, by his order dated 22.10.1991, awarded a sum o fRs. 200/- as maintenance. The husband filed Criminal Revision No. 120 ofl991, challenging the correctness, validity and propriety of the order, while the wife filed Criminal Revision No. 129 of 1991, for enhancement of the said amount. The learned Second Additional Sessions Judge, Hoshangabad, by order passed on 8.1.1993 dismissed the revision filed by the husband and allowed the revision filed by the wife by eahancing maintenance amount to Rs. 400/-. The husband did not challenge the order passed in Criminal Revision No. 116 of 1991 and, as such, the findings recorded by the learned Court below that the husband was treating the wife with cruelty and the wife is unable to maintain herself are to be maintained. The present revision has been filed against the order dated 8.1.1993 ...
State of M.P. Vs. Rajendra Singh Rathour
Court: Madhya Pradesh
Decided on: Sep-20-1995
Reported in: 1997(1)MPLJ561
ORDERR.S. Garg, J.1. This is a revision by the State Government against the order dated 7-12-1992 passed in Sessions Trial No. 201 of 1992, by the learned Sessions Judge, Sehore, inter alia holding that the order dated 12-4-1991 does not meet the requirements of Section 39 of the M.P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam (Act No. 35 of 1982), therefore, the prosecution is not entitled to continue against the non-applicant.2. It is not in dispute that on 25-3-1991, D.O. letter No. 170/Reader/91 was sent by the Collector, Sehore, along with a copy of the earlier letter dated 3-12-1990, bearing No. 1240/1244/Steno/90, to the Commissioner. On receipt of the letter dated 25-3-1991, the Commissioner, Bhopal, asked for certain informations which were communicated to him telephonically. After considering these two letters and the telephonic instructions, the Commissioner, Bhopal, ordered that a case be registered against the miscreants and the same be investigated in accordance with ...
Ram Naresh Sharma and anr. Vs. Kishanlal and ors.
Court: Madhya Pradesh
Decided on: Sep-19-1995
Reported in: 1996ACJ813
D.M. Dharmadhikari, J.1. In this appeal, filed by the parents of deceased Satyendra Kumar Sharma, aged 9 years, who died in a motor accident on 7.8.1987, the only prayer made is for enhancement of the amount of compensation awarded by the First Motor Accidents Claims Tribunal, Gwalior, vide award dated 31.1.1992, in the sum of Rs. 35,000/-only.2. The learned Counsel appearing for the appellants submits that this is a case of death of a child and under the Motor Vehicles Act, 1988, brought into force from 1.7.1989, a minimum amount of compensation, even based on 'no fault' of the driver or owner of the vehicle, is fixed at Rs. 50,000/-. He, therefore, requested that the amount of compensation at least in the sum of Rs. 50,000/- be awarded when, admittedly, the owner has been found at fault in this case. The learned Counsel appearing for respondent No. 4, in reply, submits that no compensation based on 1988 Act can be claimed in this case as the accident took place on 7.8.1987, i.e., pri...
Mukund Prasad Khare Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1995
Reported in: AIR1996MP130; 1996(0)MPLJ355
ORDERS.K. Dubey, J.1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order -- Annexure-P/ 6 dated 9-2-1994, whereby the petitioner's admission to college of Veterinary 'Sciences and Animal Husbandry, Jabalpur was cancelled on the ground that the petitioner submitted a false certificate of his father being 'agriculturist'.2. Petitioner avers that the petitioner's father and his family members livelihood is mainly dependent on the agriculture, though the petitioner's father is also working as Assistant Teacher in the village. After due verifications, the Revenue Officer hot below the rank of Naib Tahsildar issued the certificate dated 20-8-1990 -- Annexure-P, 4, that the father of the petitioner is a bona fide 'agriculturist', whose livelihood is mainly from agriculture. The petitioner submitted the form Annexure-P/3 -- for entrance examination annexing the certificate -- An-nexure-P/4 according to the format given in Rule 8.12...
Malwa Proteins and Oil (P.) Ltd. Vs. Hiralal Mitthulal GraIn Merchant
Court: Madhya Pradesh
Decided on: Sep-18-1995
Reported in: [1998]91CompCas828(MP)
A.R. Tiwari, J.1. The non-applicant (company) in Company Petition No. 4 of 1988 presented by the respondent seeking relief of winding up of the company, has filed this appeal under Section 483 of the Companies Act, 1956, against the order dated September 14, 1990, whereby the application for amendment filed by the respondent, was allowed.2. Briefly stated, the facts of the case are that the respondent filed the petition before the learned company judge for an order of winding up of the company on the ground of inability of the company to pay the debt due to the respondent. The appellant objected to the tenability of the petition on the alleged ground of its having been filed by a non-existing/ juristic person contending that such a defect was incurable in terms of the Companies (Court) Rules, 1959. The respondent submitted an application for amendment which was allowed with liberty to the appellant-company to apply for consequential amendment.3. We have heard Shri J.W. Mahajan, learned...
Shamshunnisha Vs. Sheikh Ramjan
Court: Madhya Pradesh
Decided on: Sep-18-1995
Reported in: I(1997)DMC116
R.S. Garg, J.1. Being aggrieved by the order dated 18.5.1992 passed in Criminal Revision No. 26/1991 by the learned 1st Additional Sessions Judge, Betui, reversing the order dated 25.4.1991 passed in Criminal Case No. 14 of 1986, by the learned Chief Judicial Magistrate, Betui, theapplicant has filed the revision against the rejection of the application filed Under Section 125, Cr.P.C.2. The applicant wife filed an application Under Section 125, Cr.P.C. on 24.2.1989, alleging therein that the husband was treating her with cruelty and was not maintaining her, though he was a man of means. After the notices were issued to the non-applicant, on 23.9.1989, he filed an application before the Trial Court challenging the territorial jurisdiction on the ground that the present applicant was living with her brother at a place which was not within the territorial jurisdiction. Onl5.12.1989, the non-applicant filed a reply to the petition and inter alia pleaded that the parties were married in th...
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