Madhya Pradesh Court January 1996 Judgments
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Smt. Chhaya Vs. Dr. Kastoor Chand JaIn and anr.
Court: Madhya Pradesh
Decided on: Jan-10-1996
Reported in: I(1996)DMC614
N.P. Singh, J.1. Heard Mr. S.C. Jain, Counsel for the appellant and Mr. Prakash Gupta, Counsel for the respondents.2. This appeal is directed against the judgment and decree dated 4th of April, 1990 passed by the First Addl. District Judge, Tikamgarh in Civil Suit No. 1-B of 1988, dismissing the suit of the appellant for return of the ornaments, which were given to her by the respondents/in-laws as a gift at the time of her marriage.3. The appellant was married with the son of the respondents according to Hindu rites in the year 1985 and the respondents has given golden and silver ornaments as a gift to the appellant to the tune of Rs. 28,925/-. The son of the respondents unfortunately died on 5.9.1985. Thereafter the appellant returned to her parents house and made request to her in-laws/respondents to return the ornaments to her, which were given to her in her marriage as a gift. On refusal of the respondents the appellant filed the instant suit for return of the ornaments.4. The sta...
Ramsahai Nathulal Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jan-10-1996
Reported in: [1996]219ITR759(MP)
A.R. Tiwari, J. 1. The applicant-assessee had earlier filed Miscellaneous Civil Case No. 92 of 1985 in this court under Section 256(2) of the Income-tax Act, 1961. In that case, this court passed the order on September 4, 1987 (see [1988] 171 ITR 371), directing the Tribunal to state the case and refer the indicated questions of law for opinion of this court. In compliance with this order, the Tribunal stated the case and referred the undernoted two questions of law for our opinion (at page 373) ;' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that there was a change in the constitution of the firm and the assessee was bound to make a fresh application for registration under Section 184(8) of the Act and that the firm was not entitled to renewal of registration up to August 14, 1976 (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that even if some of the partners had been assessed on...
Vinod Kumar Sanghai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-10-1996
Reported in: 1997(2)MPLJ371
ORDERA.S. Tripathi, J.1. This revision has been preferred against the order dated 8-2-1995 passed by the Sessions Judge of Vidisha, proceeding to frame charge against the petitioner Under Section 3/7 of the Essential Commodities Act, and for the breach of Clause 10 of the Madhya Pradesh Motor Spirit and High Speed Diesel Oil (Regulation and Control) Order, 1980.2. The allegation against the petitioner was that the petitioner owns a petrol pump at Sehora. The Inspector concerned had taken three samples of the high speed Diesel from the said petrol pump on 13-7-1992. Two samples were sent to the Public Analyst for chemical examination and they were reported to have been found not upto the standard prescribed in the Control Order referred above. Further a breach of Section 3 read with Section 7 of the Essential Commodities Act was also found.3. When the case proceeded, the petitioner applied to the Court that the third sample available in the Court be sent for chemical examination by a Pu...
Nagindas and anr. Vs. Nasir Ali and ors.
Court: Madhya Pradesh
Decided on: Jan-10-1996
Reported in: 1997ACJ1093
S.B. Sakrikar, J.1. The appellants/ claimants have preferred the aforesaid Letters Patent Appeals under Clause 10 of the Letters Patent, against the common order dated 31.7.1990 passed by the learned single Judge of this Court in Misc. Appeal No. 198 of 1988, thereby dismissing the Misc. Appeal Nos. 198 and 203 of 1988 and holding the respondent No. 3, National Insurance Co. Ltd. and the original registered owner of the auto-rickshaw, respondent No. 4 not liable to pay the compensation.2. The facts lie in a narrow compass that both the appellants filed separate claim petitions before the V Additional M.A.C.T. at Indore with regard to the injuries caused to them in the accident occurred on 20.5.1979 due to rash and negligent driving of the autorickshaw bearing registration No. MPF 8835. In the claim petitions, it was alleged that on the date of the accident, respondent No. 1, Nasir Ali was the owner of the autorickshaw and respondent No. 4, Jagdeesh Kumar was the registered owner. Respo...
Veerendra Singh Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jan-10-1996
Reported in: 1996(0)MPLJ951
ORDERV.K. Agarwal, J.1. This petition under Articles 226 and 227 of the Constitution of India has been filed seeking issuance of a writ of Habeas Corpus regarding detenu Surendra Singh, who is the brother of the petitioner and who has been detained under the National Security Act (hereinafter referred to as the Act') by District Magistrate, Surguja by his order dated 31-3-1995 (Annexure R/2) and praying that the said order of detention be quashed.2. Facts leading to the present petition in brief are that on receiving report (Annexure R/1) from S. P., Surguja, the impugned order (Annexure R/2) dated 31-3-1995 was passed by the Respondent No. 2. District Magistrate, Surguja under Section 3(2) of the Act ordering detention of Surendra Singh on the grounds enumerated in Annexure R/2'. The said grounds briefly are as below :-(i) On the report of Sukhlal, Crime No. 123 of 1990 for offences punishable under Sections 294/506 read with Section 34 of the Indian Penal Code was registered and char...
Veerendra Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-10-1996
Reported in: 1997CriLJ446
V.K. Agrawal, J.1. This petition under Articles 226 and 227 of the Constitution of India has been filed seeking issuance of a writ of Habeas Corpus regarding detenu Surendra Singh. who is the brother of the petitioner and who has been detained under the National Security Act (hereinafter referred to as the 'Act') by District Magistrate. Surguja by his order dated 31-3-1995 (Annexure R/2) and praying that the said order of detention be quashed.2. Facts leading to the present petition in brief are that on receiving report (Annexure R/1) fromS.P., Surguja, the impugned-order( Annexure R/ 2} dated 31 -5-1995 was passed by the Respondent No. 2. District Magistrate, Surguja Under Section 3(2) of the Act ordering detention of Surendra Singh on the grounds enumerated in 'Annexure R/2'. the said grounds briefly areas below:-(i) On the report of Sukhlal, Crime/No. 123 of 1990 for offences punishable under Sections 294/506 r/w. Section 34 of the IPC was registered and charge-sheet filed;(ii) On t...
Commissioner of Wealth Tax Vs. Maharaja Bahadur Singh Kasliwal and anr ...
Court: Madhya Pradesh
Decided on: Jan-10-1996
Reported in: (1996)134CTR(MP)537
HIGH COURT OF MADHYA PRADESH : INDORE BENCHA. R. TIWARI, J. :At the instance of the CWT, Bhopal, vide Reference Applications Nos. 116 and 117/(Ind) of 1986, for the asst. yrs. 1982-83 and 1983-84, Reference Applications Nos. 118 to 121/(Ind) of 1986 for the asst. yrs. 1980-81 to 1983-84, Reference Applications Nos. 122 to 125/(Ind) of 1986 for the asst. yrs. 1980-81 to 1983-84, Reference Applications Nos. 126 to 129/(Ind) of 1986 for the asst. yrs. 1980-81 to 1983-84, Reference Applications Nos. 130 to 133/(Ind) of 1986 for the asst. yrs. 1980-81 to 1983-84 and Reference Application No. 201/(Ind) of 1982 for the asst. yrs. 1969-70 to 1977-78, arising out of WTA Nos. 23 and 24/(Ind) of 1985, WTA Nos. 25 to 28/(Ind) of 1985, WTA Nos. 11 to 14/(Ind) of 1985, WTA Nos. 15 to 18/(Ind) of 1985, WTA Nos. 19 to 22/(Ind) of 1985, and WTA Nos. 172 to 180/(Ind) of 1981, respectively, all decided on 17th July, 1985, 16th July, 1986, and 20th July, 1983, the Tribunal has referred the undernoted ques...
Smt. Meera Khandelwal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1996
Reported in: AIR1997MP163; 1997(2)MPLJ333
A.K. Mathur, Ag. C.J.1. All thesethree writ petitions Nos. 3161/95, 3469/95and 2793/95 involve common question oflaw; therefore, they are disposed of by acommon order. For convenient disposal of allthese writ petitions, facts given in W.P.No. 3161 of 1995 are taken into consideration. 2. The petitioner has by this petition prayed that the provisions of Section 129 of the M. P. Municipalities Act 1961, as amended by the provisions of the M. P. Nagar Palik Vidhi (Sanshodhan) Adhiniyam 1995 may be declared as ultra vires. It is also prayed that imposition of export-tax by the respondent Municipality by resolution dated 20-7-1995 be declared invalid.3. Petitioner Smt. Meera Khandelwal is the wife of Shri Vinod Khandelwal and Proprietor of Khandelwal Industries, Industrial Ward, Dhamtari, District Raipur. The petitioner challenges by this petition the constitutional validity of Section 129 as amended by Act No. 12 of 1995. It is submitted that there is no procedural safeguard in the exercis...
M.P. Iron and Steel Co. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1996
Reported in: (1996)IILLJ383MP
ORDERT.S. Doabia, J.1. In exercise of the power conferred under Section 10 of the Industrial Disputes Act, 1947 the State of Madhya Pradesh being the appropriate Government referred a dispute between the petitioner and respondent No. 5 to the Labour Court No. 2 Gawlior. This reference is being challenged on the ground that the petitioner concerned while carrying on the activity of construction work was not covered by the term Industry and that there was no relationship of master and servant between the petitioner and respondent No. 5 as the respondent No. 5 was appointed as a driver by respondent No. 6 the Senior Vice President (Technical) in his personal capacity.2. The brief facts which are elaborated in the petition be noticed.3. The petitioner is a company engaged in constructing a factory building at Malanpur in the District of Bhind. When the writ petition was filed the building activity was on. The construction activity is said to be not covered by the term 'Industry'. It is sta...
Ramesh S/O Sevaram Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-09-1996
Reported in: 1997(1)MPLJ131
N.K. Jain, J.1. Aggrieved by his conviction under sections 302 and 449 of the Indian Penal Code and sentences of imprisonment for life and 10 years rigorous imprisonment awarded therefor respectively by the Sessions Judge, Shajapur vide judgment dated 10-5-1991 passed in S. T. No. 176/90, the appellant-accused has preferred this appeal under section 374, Criminal Procedure Code.2. Devisingh (PW 4) is the husband of the deceased Shantabai who died of burn injuries on 17-5-1990. Rekha (PW 5) is their 9 years old daughter. Chandersingh (PW 1) is the nephew (sister's son) of Devisingh.3. The case of the prosecution against the appellant-accused in the trial Court was that at the relevant time the accused lived in 'Nai Abadi' Maksi in front of the house of Devisingh. Satishsingh (PW 9) occupied a portion of the accused's house on rent. Accused, it is said, used to insist Shantabai to come and live with him as his wife. The deceased, however, refused to oblige the accused. On 17-5-1990 aroun...
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