Madhya Pradesh Court June 1996 Judgments
Rajaram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-28-1996
Reported in: II(1996)DMC488
R.D. Shukla, J.1. This judgment shall dispose of Criminal Appeal No. 147/ 91 also as both the appeals arise out of the same judgment and filed by the same accused-appellant.Both these appeals directed against the judgment and order dated 31.1.1991 of 1st Additional Sessions Judge, West Nimar, Mandleshwar, passed in S.T. No. 130/90, whereby the accused-appellant has been convicted under Section 302, IPC for having committed murder of his wife Nanibai by.setting her to fire and sentenced to imprisonment for life.2. Prosecution story, in brief, is that the accused-appellant was living along- with his wife Nanibai, but be has suspicion about the fidelity and character of Nanibai. On the date of incident there was some altercation between them. Thereafter, accused poured kerosene oil and set her to fire. Nanibai, thereafter, was taken to hospital. Dr. M.L. Kag (P.W.7) treated, her and informed police, thereby, F.I.R. (Ex.P/9) was recorded. A request for recording statement was made, as such...
Tag this Judgment!Commissioner of Income-tax Vs. M.S.J. Construction Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Jun-27-1996
Reported in: [1998]93CompCas618(MP)
A.R. Tiwari, J. 1. At the instance of the Department, the Tribunal has stated the case and referred the under noted question of law, on the applications registered as R. A. Nos. 70 and 101/Ind of 1992 for the assessment years 1982-83 and 1984-85, arising out of the order of the Tribunal dated January 27, 1992, passed in ITA No. 797/Ind of 1988 and C. O. No. 40/Ind of 1989 for the assessment year 1982-83 and order dated January 29, 1992, passed in ITA No. 439/Ind of 1987 for the assessment year 1984-85 under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act') : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in cancelling the order of the Commissioner of Income-tax under Section 263 holding that the assessee is an 'industrial undertaking' engaged in manufacture or production of articles or things and that the assessee is accordingly entitled to deduction under Sections 80HHA and 80J of the Income-tax Act, 1...
Tag this Judgment!Dhanesh Thakurdas Narvani and ors. Vs. Ram Kumar Nandlalji Mansukhani
Court: Madhya Pradesh
Decided on: Jun-27-1996
Reported in: 1997(2)MPLJ283
ORDERJ.G. Chitre, J.1. Shri N.S. Purohit for the applicants. Shri H. S. Oberoi for the non-applicants. Both have been heard finally.It is the submission of Shri Purohit that the learned Magistrate was obliged to follow the procedure which has been laid down in Chapter XIX of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for convenience). He argued that when the accused appeared before the learned Magistrate in view of the warrants which were issued against them it was incumbent on the part of Magistrate to record the evidence of prosecution witnesses which were to be examined on behalf of complainant and thereafter by giving opportunity of cross-examination to the applicants, the Magistrate should have thought of framing charge against applicants. He further submitted that without recording the evidence of prosecution witnesses the learned Magistrate has framed charge against the applicants and, therefore, the said act is nothing but illegality which needs to be se...
Tag this Judgment!Commissioner of Income Tax Vs. M.S.J. Construction (P) Ltd.
Court: Madhya Pradesh
Decided on: Jun-27-1996
Reported in: (2000)158CTR(MP)378
ORDERA.R. TIWARI, J.At the instance of the department, the Tribunal has stated the case and referred the undernoted question of law, on the applications registered as R.A. Nos. 70 and 101/Ind/1992 for the asst. yrs. 1982-83 and 1984-85 arising out of the order of the Tribunal dt. 27-1-1992, passed in ITA No. 707/Ind/1988 and C.O. No. 40/Ind/1989 for the assessment year 1982-83 and order dt. 29-1-1992, passed in ITA No. 439/Ind/1987 for the assessment year 1984-85 under section 256 of the Income Tax Act, 1961 (for short the Act).'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the order of the Commissioner under section 263 holding that the assessee is an 'industrial undertaking' engaged in manufacture or production of articles or things and that the assessee is accordingly entitled to deduction under section 80HHA and 80J of the Income Tax Act, 1961 ?'2. Briefly stated, the facts of the case are that the assessee is a private ...
Tag this Judgment!Ajudhya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-26-1996
Reported in: II(1996)DMC624
S.K. Kulshreshtha, J.1. It is alleged against the accused that his wife Durga Bai committed suicide as a result of the demand of dowry by the accused and other family members and harassment administered to her from time to time. Though the case has been committed to Sessions, evidence is yet to be recorded. Going through the nature of allegation against the present applicant and considering the fact that co-accused Hargovind and Mst. Khardibai have already been released by the Trial Court on bail, and there is no allegation that the applicant shall influence the prosecution on release on bail, I deem it a fit case to grant bail to the applicant.2. It is, accordingly, ordered that the applicant shall be released on bail on his furnishing a solvent surety in the sum of Rs. 10,000/- to the satisfaction of C.J.M. Chhatarpur and executing a personal bond in the like sum for his appearance before the Trial Court or before any other Court as may be directed, on all dates fixed in this behalf....
Tag this Judgment!Manager, Eklehra Colliery, Western Coalfields Ltd. Vs. Dulari Bai (Smt ...
Court: Madhya Pradesh
Decided on: Jun-26-1996
Reported in: (1998)IIILLJ1301MP
S.K. Kulshrestha, J. 1. This appeal has been filed against the judgment of the learned single Judge dated May 3, 1988 in Misc. Appeal No. 89 of 1988 under the provisions of Clause 10 of the Letters Patent, by which the learned Single Judge has dismissed the appeal under Section 30 of the Workmen's Compensation Act, 1923 on the ground that the appeal filed against the Award of the Workmen's Compensation Commissioner did not raise any substantial question of law. Similar appeals have been filed, in some cases against common award of the Workmen's Compensation Commissioner, against the decision of learned Single Judge declining to entertain appeal against the award on the ground that the appellant did not raise any substantial question of law as required by the proviso to Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). These appeals are : (1) LPA No. 22/88-WCL Barkui v. Fandi and Ors. (2) LPA No. 23/88-WCL Chandametta v. Sheikh Asgar (3) LPA No....
Tag this Judgment!Punjab National Bank Vs. Baba Kishandas Thakur Das
Court: Madhya Pradesh
Decided on: Jun-26-1996
Reported in: 1997(1)MPLJ208
ORDERD.M. Dharmadhikari, J.1. In this revision under section 115 of the Code of Civil Procedure filed by the decree holder, a short but intricate point of law has been raised.2. The factual background may first be given : The applicant/bank obtained a decree on the basis of mortgage against the non-applicant/judgment-debtor in the sum of Rs. 41,286.04 being the principal amount of loan with interest pendente lite and future interest at contractual rate of 16% per annum.3. The operative part of the decree, which is relevant for deciding the contentions advanced by the parties, reads as under :'The defendant shall pay to the plaintiff a sum of Rs. 41,286.04 p. together with the interest pendente lite and future at the contractual rate of 16% per annum with half yearly rest till full recovery.'4. In execution of the decree, the property attached was put to sale by auction on 15-4-1991. The highest bidder deposited 1/4th of the amount on spot and deposited remaining amount of the bid money...
Tag this Judgment!Manoharlal Gopilal Pande Vs. Dr. Abdul Mazid Khan
Court: Madhya Pradesh
Decided on: Jun-26-1996
Reported in: 1997(1)MPLJ232
S.C. Pandey, J.1. This is an appeal under section 100 of Code of Civil Procedure, 1908 against judgment and decree, dated 12-7-1988, passed by Shri A. Khakha, Additional Judge to the Court of District Judge, Rajnandgaon, in Civil Appeal No. 24-A/86 arising out of judgment and decree, dated 27-7-1986 in Civil Suit No. 41-A/81 passed by Shri B. L. Jatwa, Civil Judge Class II, Rajnandgaon.2. The respondent/landlord filed a suit for eviction against the appellant on the ground that the suit house is required bona fide by him for the purpose of his residence as well as for doing medical practice. Initially it was pleaded in the plaint that the appellant was residing in the middle block of the suit house, shown in the plaint. The entire house consisted of three small blocks and the respondent pleaded that he required the entire three blocks for his residence as well as for running a dispensary. It was also pleaded that besides the three blocks shown in the Schedule-A to the plaint, the respo...
Tag this Judgment!Niraj S/O Prabhu Dayal Vs. Mohanlal S/O Bherulal Bagora and ors.
Court: Madhya Pradesh
Decided on: Jun-26-1996
Reported in: 1997(2)MPLJ119
ORDERS.B. Sakrikar, J.1. The appellant/claimant has directed this Letters Patent Appeal under Clause 10 of the Letters Patent, against the order dated 11-8-1992, passed by learned Single Judge of this Court in Misc. Appeal No. 330/90, thereby allowing the appeal filed by respondent No. 2, Insurance Company and holding the Insurance Company liable to pay compensation to the extent of Rs. 10,000/- along with the interest at the rate of 18% p.a.2. The facts in brief are that claimant/appellant filed claim petition before the Claims Tribunal on the assertion that on 6-11-1985, he was travelling as a passenger in a tempo bearing registration No. MPN 8177, at about 4.30 p.m. the tempo met with an accident. The claimant/appellant sustained injuries in the accident, and caused partial permanent disability in his hand. The Claim Petition was resisted by respondents. Learned tribunal partly allowed claim petition filed on behalf of the appellant and awarded compensation of Rs. 37,523/- along wit...
Tag this Judgment!Gendabai Vs. Keshu Ram and ors.
Court: Madhya Pradesh
Decided on: Jun-26-1996
Reported in: II(1998)ACC414; 1998ACJ191
R.D. Vyas, J.1. This appeal is directed against the judgment and award by the Motor Accidents Claims Tribunal, Mandsaur dated 29.9.1984 in Claim Case No. 57 of 1980, whereby he was pleased to dismiss the claim with costs.2. The facts of the case are that the husband of the appellant was hit by a tractor belonging to the respondent No. 1, No. MPU 7123 as also trolley No. MPU 7493 on 15.5.1980 while the deceased Babulal, aged 21 years was standing near a water reservoir near village Budha and he was crushed under the trolley. He sustained severe injuries and while being driven to the hospital died on the way. A criminal case was also registered. The deceased had a infant child aged above 1 year at the time of the accident, who was dependent on him.3. The appellant for herself and on behalf of her son laid a claim for compensation for an amount of Rs. 1,45,000/-.4. Upon the evidence the lower court held that the deceased Babulal died of the accident with the tractor and trolley. The lower...
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