Madhya Pradesh Court December 1996 Judgments
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Vinod Kumar Mathur and ors. Vs. M.P. Financial Corporation and ors.
Court: Madhya Pradesh
Decided on: Dec-20-1996
Reported in: 1998(1)MPLJ168
Shacheendra Dwivedi, J.1. The appellants of both the appeals seek to challenge only the part of the order passed by the learned Single Bench in M. P. No. 207/87 since the petition filed by the appellants of LPA No. 71/96 was allowed in part and the remaining prayer made therein by the appellants was rejected. As both the parties are aggrieved of the impugned judgment and have preferred separate appeals, this order shall dispose of both the above appeals.Appeal No. 71/962. The appellant No. 1 is the partner of the registered partnership firm M/s Modern Rice Mill, Industrial Estate, Morena, respondent No. 2. The appellant-firm wanted to instal a factory for processing the paddy in order to take out rice from it and to sell the products. The appellant-firm approached the respondent-M. P. Financial Corporation (for short 'the Corporation') established under M. P Financial Corporations Act, 1951 (hereinafter referred to as 'the Act') for advancing the loan and the Corporation agreed to adva...
H.H. Maharaja Martand Singh Ju Deo Vs. Wealth-tax Officer and anr.
Court: Madhya Pradesh
Decided on: Dec-18-1996
Reported in: [2000]242ITR229(MP)
R.S. Garg, J.1. By this petition under Article 226 of the Constitution of India, the petitioner challenges the validity and legality of the notices of assessment annexures D, D-1, D-2 and D-3 issued by the Wealth-tax Officer on May 29, 1985.2. According to the petitioner, he is the karta of his Hindu undivided family and is assessed to wealth-tax for a number of years. According to him, he follows the financial year and for the purposes of wealth-tax assessment, the valuation date is 31st March of every year. His assessment cases were with the Wealth-tax Officer, A-Ward, Satna, which were later on transferred to the Wealth-tax Officer, Special Investigation Circle-I, Jabal-pur. According to the petitioner, for the assessment year 1975-76 with the valuation date March 31, 1975, he had filed the return of his wealth on August 23, 1975, with the Wealth-tax Officer, Satna, declaring the total value of the wealth which amongst others included foreign shares and stocks, etc., of the value of...
H. H. Maharaja Martand Singh Ju Deo Vs. Wealth Tax Officer and anr.
Court: Madhya Pradesh
Decided on: Dec-18-1996
Reported in: (1997)141CTR(MP)228
ORDERR. S. GARG, J. :By this petition under Art. 226 of the Constitution of India, the petitioner challenges the validity and legality of the notices of assessment Annexure D, D-1, D-2 and D-3 issued by the WTO on 29th May, 1985.2. According to the petitioner, he is the Karta of his HUF and is assessed to wealth tax for number of years. According to him, he follows financial year and for the purposes of wealth tax assessment, the valuation date is 31st March of every year. His assessment cases were with the WTO, A-Ward, Satna which were later on transferred to the WTO, Special Investigation Circle-I, Jabalpur. According to the petitioner, for the asst. yr. 1975-76 with the valuation date 31st March, 1975, he had filed the return of his wealth on 23rd August, 1975 with the WTO, Satna declaring the total value of the wealth which amongst others including foreign shares and stocks, etc. of the value of Pounds 3,96,388 and its value in rupees were shown at Rs. 75,31,372. Along with the ret...
Suresh S/O Jagannath Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-16-1996
Reported in: 1998(1)MPLJ390
R.D. Shukla, J.1. The appeal is directed against judgment and order dated 20-12-1993 of the Ist Additional Sessions Judge, Neemuch passed in S. T. No. 35/91, whereby the accused-appellant has been convicted under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') for being in illegal possession of smack on 28-1-1991 in village Junapani at about 5.30 p.m. and sentenced to R.I. for ten years and fine of Rs. One lakh, in default to further R.I. for two years.2. Prosecution story in brief is that S. O. Hakamsingh Chouhan (P.W. 10) of P.S. Rampura got an information that the accused-appellant along with his father Jagannath is moving with smack for being sold. As such, he along with Constables Arjunkumar (P.W. 3) and Brijbhan Singh proceeded towards the place. P.W. 1 Govindsingh was also taken in the party. The accused-appellant was pillion rider of a motor cycle which was driven by his father Jagannath.The police officer after observin...
Madanlal Sharma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-13-1996
Reported in: 1997(2)MPLJ299
ORDERJ.G. Chitre, J.1. Shri S. S. Garg with Ku. Rekha Shrivastava and Shri C. S. Ujjainia for the petitioner.Shri S. H. Sen, Dy. Govt. Advocate with Shri A. Salim, Panel Lawyer for the prosecution.The petitioner is hereby assailing the order passed by IInd Additional Sessions Judge, Khargone dated 20-12-1995 by which he has dismissed the revision petition filed by the present petitioner challenging the charge which has been framed against him for offences punishable under provisions of Sections 34-A and 49-C of Madhya Pradesh Excise Act, 1915 (hereinafter referred to as the M.P. Excise Act for short).2. The prosecution case in brief can be stated as hereunder. On 27-2-1994 at about 8.40 p.m. the hut belonging to accused Molkia was raided by the police and they found 2 drums of illicit liquor in the said hut when wife of Molkia was present in the said hut. The said drums were seized by police under Panchanama in presence of Panch witnesses. Molkia was arrested by the police six months t...
Anju Mukhi and anr. Vs. Satish Kumar Bhatia and anr.
Court: Madhya Pradesh
Decided on: Dec-13-1996
Reported in: 1998(1)MPLJ25
ORDER1. This is an appeal by the claimants for enhancement of compensation awarded in M.C.C. No. 1/89 vide award dated 1-9-1992 passed by Vth Additional Judge to the Court of the District Judge, Bhopal.2. The facts relevant to this appeal are these. One Avinash Mukhi, aged about 30 years, husband of appellant No. 1 and father of appellant No. 2 was employed as a Medical Representative with UNICHEM Laboratories Limited, Bombay, and was drawing a salary of Rs. 3,312/- per month plus Rs. 25/- per day as City allowance, died on 10-2-1985 in a motor accident. He left behind the widow, appellant No. 1 aged about 29 years and minor son aged about 3 years and father Shri Harichand Mukhi aged about 75 years, who filed an application under Section 110A of the Motor Vehicles Act, 1939, on 4-4-1985 and claimed compensation of Rs. 12,33,000/- for the death of Avinash Mukhi caused in the motor accident. During the pendency of the proceedings before the Tribunal the appellant No. 1 widow, remarried o...
Anju Mukhi and anr. Vs. Satish Kumar Bhatia and ors.
Court: Madhya Pradesh
Decided on: Dec-13-1996
Reported in: 1998ACJ400
S.K. Dubey, J.1. This is an appeal by the claimants for enhancement of compensation awarded in M.C.C. No. 1 of 1989 vide award dated 1.9.1992 passed by Vth Additional Judge to the court of District Judge, Bhopal.2. The facts relevant to this appeal are these. One Avinash Mukhi, aged about 30 years, husband of appellant No. 1 and father of appellant No. 2 was employed as a Medical Representative with UNICHEM Laboratories Limited, Bombay and was drawing a salary of Rs. 3,312/- per month plus Rs. 25/- per day as city allowance, died on 10.2.1985 iri a motor accident. He left behind the widow, appellant No. 1 aged about 29 years and minor son aged about 3 years and father Harichand Mukhi aged about 75 years, who filed an application under Section 110-A of the Motor Vehicles Act, 1939, on 4.4.1985 and claimed compensation of Rs. 12,33,000/- for the death of Avinash Mukhi caused in the motor accident. During the pendency of the proceedings before the Claims Tribunal the appellant No. 1 widow...
Premlata Wd/O Laxminarayan and ors. Vs. Bhgwan Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-11-1996
Reported in: 1997(2)MPLJ397
ORDERN.K. Jain, J.1. This appeal filed Under Section 110D of the Motor Vehicles Act, 1939 is directed against the award dated 3.11.1988 rendered by the IVth Additional Member, Motor Accident Claims Tribunal, Indore, in claim case No. 71/86 awarding compensation Rs. 78,000/- to the appellants in a fatal accident action.2. The respondent No. 3, New India Assurance Company Ltd. has also filed cross-objection challenging the impugned award.3. Appellant No. 1 is the widow and the appellants Nos. 2 to 4 are the minor children of late Laxmmarayan Yadav who died in a motor accident that took place on 24.6.1986 at Indore involving a Matador bearing Registration No. MBI 9073 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 The New India Assurance Company Ltd., for 'third party risk'.4. The deceased at the time of his death was aged 36 years and earning salary Rs. 750/- per month. The Tribunal has assessed the dependency at Rs. 500/- per month i.e., Rs. 6,00...
Bhoora Laxmi Prasad Mishra and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-10-1996
Reported in: 1997(1)MPLJ686
ORDERD.P.S. Chauhan, J.1. Appellants Bhoora, Ghanshyam alias Chhintua Mishra and Raju were convicted in S. T No. 56/86 by the Additional Sessions Judge, Chhatarpur under the judgment and order dated 8-1-1987 holding guilty for commission of offence under section 325 read with section 34, Indian Penal Code and they were sentenced to 4 years R.I. and each was imposed a fine of Rs. 1,000/-. Against their conviction the appellants filed appeal under section 374(2), Criminal Procedure Code Cr. A. No. 72/87 wherein the appellants were let of on bail by this Court.2. In the incident one Dina died. The incident took place on 26-12-1985 and the F.I.R. was lodged on 26-12-1985 at about 6.15 P.M. at police station Khajuraho and on subsequent to the alleging F.I.R. Crime No. 71/85 was registered. The injured Dina succumbed the injuries. The legal representatives of Dina had moved application under section 320, Criminal Procedure Code for compounding the offence. The offence under section 325 is co...
Special Development Area Chitrakut Vs. Pooranlal Son of Mahipal
Court: Madhya Pradesh
Decided on: Dec-10-1996
Reported in: 1997CriLJ3484
D.P.S. Chauhan. J.1. A criminal case No. 228/82 was instituted upon a complaint filed by the Chief Executive Officer, Spcical Area Development Authority. Chitrakut before the Judicial Magistrate Satna, which was registered as Criminal Case No. 528/84 and was dismissed On merit by the Judicial Magistrate First Glass Satna vide the impugned order dated 21-6-1965. Against this order, as required under Sub-section (4) of Section 378 Cr. P.C. the Special Area Development Authority Chitrakoot applied for special leave to appeal to this Court which was granted by this Court in Misc. Criminal Case No. 3199/85 on 17-1986 where upon the present appeal was filed and was admitted by the Additional Registrar of this Court on 5-1-1987.2. The complaint was filed by the Chief Executive Officer, Special Area Development Authority Chitrakut. It was a cyclostyled one and in Para 2. it is stated that the accused had constructed a new house on Chitrakoot Pili Rothi Marg without obtaining the permission fro...
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