Madhya Pradesh Court July 1996 Judgments
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Satyabhan Singh Jadon Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-18-1996
Reported in: 1997(2)MPLJ487
ORDERS.S. Jha, J.1. The petitioner submits that the appointment order on the post of Upper Division Teacher (Physics) has not been issued to him in spite of his being selected by a competent selection committee and his representation was not considered by the respondents in spite of the orders of this Court.2. The petitioner applied for the post of Upper Division Teacher in Physics in the respondent No. 3-school. He was interviewed along with other candidates by the selection committee of the school. The contention of the petitioner is that he was placed at serial No. 1 in the merit list. The petitioner submits that he was selected by a committee constituted under Rule 13 of the Madhya Pradesh Ashashkiya Sikshan Sanstha (Adhyapakon Tatha Karmachariyon Ki Bharti) Niyam, 1979 (hereinafter referred to as the 'Rules').3. The respondents have refused to issue appointment order to the petitioner on the ground that Rule 13(2) provides that no business shall be transacted at a meeting of the c...
Rama Rao S/O Bhaiya Korku and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-18-1996
Reported in: 1997(2)MPLJ158
R.P. Gupta, J.1. This appeal is directed against Judgment dated 23-12-1991 of Second Additional Sessions Judge, Baitul, whereby the appellant No. 1 was convicted for having committed an offence Under Section 304 (Part-II), Indian Penal Code, and the other appellants were convicted for offence punishable Under Section 304 (Part-II) read with Section 34, Indian Penal Code. The appellants were sentenced to undergo R.I. for 5 years each. They have also been convicted Under Section 20, Indian Penal Code, for concealing the evidence of killing and for that they were sentenced to R.I. for two years each.2. The learned trial Court found established certain allegations that in furtherance of common intention, all the three accused chased and hit the victim Sadhuram with a lathi on his head on the intervening night of 28/29th March, 1991 in front of house of Ramarao. The victim died on the spot. The body was taken by these accused in a bullock cart and thrown in a jungle.3. The reliance of the t...
Harvilas Shivhare Vs. Jahoor Khan
Court: Madhya Pradesh
Decided on: Jul-17-1996
Reported in: 1997(1)MPLJ23
ORDERT.S. Doabia, J.1. This petition has been preferred under section 23-E of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act). The Rent Controlling Authority (hereinafter referred to as RCA) has come to the conclusion that the need of the respondent-landlord is bona fide. An order of eviction has been passed. This order is subject matter of this petition.The brief facts for the purposes of this petition be noticed as under :1. The respondent Jahoor Khan is said to be a retired Government servant. He is said to have retired on 30th of September, 1977. He sought eviction of the petitioner under Chapter III-A of the Act. He pleaded that after retirement he sought employment with a co-operative society as salesman. He had been getting a monthly salary of Rs. 2,000/-. According to him, he is unable to sustain himself and wants to start his own business. He wants to set up a flour mill in the premises in dispute.2. Leave to defend was granted. The peti...
Ramesh Vs. Laxmi Bai
Court: Madhya Pradesh
Decided on: Jul-17-1996
Reported in: II(1997)DMC125
Rajeev Gupta, J.1. Petitioner Ramesh, who claims to have divorced his non- petitioner/wife Smt. Laxmi Bai, has filed this revision petition challenging the correctness and propriety of the order dated 9.7.1996, passed by Additional Sessions Judge, Baloda Bazar, Raipur in Criminal Revision No. 210/95.2. S.D.M., Bhatapara vide order dated 20.2.1995 dismissed the application, filed by non-petitioner/wife Laxmi Bai, under the provision of Section 97, Cr.P.C, praying for a direction to petitioner-husband Ramesh, for the production of their minor child, Amit Kumar, in the Court. Frustrated mother Laxmi Bai then ap- proached the Court of Sessions, by filing a revision petition against the dismissal of her application by the S.D.M. The Revisional Court, on considering facts in its entirety, while allowing the revision petition directed S.D.M., Bhatapara for issuing a search warrant for the production of minor child Amit Kumar, in the Court. The Revisional Court further directed that the minor ...
Mohanlal Khandelwal Vs. Shantabai (Smt.) and ors.
Court: Madhya Pradesh
Decided on: Jul-16-1996
Reported in: (1998)IIILLJ1102MP
ORDERA.R. Tiwari, J.1. The employer is the appellant in the appeal presented under Section 30(a) of the Workmen's Compensation Act (for short 'the Act').2. Briefly stated, the facts of the case are that deceased Prahladdas Mundada was a workman of the appellant. He had held the post of driver on Matador bearing registration No. MBM-2730. While he was driving the aforesaid Matador, the truck caused the accident as a result of which aforesaid workman died on the spot during the course of the employment. His Legal Representatives, Respondents No. 1 to 4 filed the application, registered as 62/W.C./86. The application was allowed by the Commissioner for Workmen's Compensation (Labour Court), Indore on September 17, 1990 awarding compensation of Rs. 86,764.00 with penalty of Rs. 25,000.00 under Section 4A of the aforesaid Act and interest at the rate of 12% per annum from March 21, 1986 till payment. Aggrieved, the employer has filed this appeal. Respondent No. 5 is The New India Assurance ...
Shyam Kapoor Vs. Prakash Narayan Saxena and ors.
Court: Madhya Pradesh
Decided on: Jul-16-1996
Reported in: 1997(1)MPLJ276
ORDERT.S. Doabia, J.1. The statutory requirement is that a petition preferred under Chapter III- A of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the 1961 Act), for specified categories should be disposed of within six months. This litigation has taken almost ten years to conclude. In spite of this, the present petitioner-tenant did not produce his entire evidence. He sought for more time. After giving number of opportunities and after observing that last opportunity is being given, the Rent Controlling Authority proceeded to decide the matter on 9th of July, 1996. It has come to the conclusion that the tenanted premises are required bona fide by the landlord. The accommodation is partly residential and partly commercial. The need of the landlord has been found to be genuine under both the heads. It is against the above order, passed by the Rent Controlling Authority (hereinafter referred to as the RCA), the present revision petition has been preferre...
Asha Thakur and anr. Vs. Sukhraj Mistri and ors.
Court: Madhya Pradesh
Decided on: Jul-16-1996
Reported in: 1997ACJ806
S.K. Dubey and Usha Shukla, JJ.1. The appellants have filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') for enhancement of compensation awarded vide award dated 10.1.1989 passed in M.A.C.T. No. 14 of 1987 by Fourth Additional Motor Accidents Claims Tribunal, Raipur.2. The circumstances in which the accident occurred resulting in death of Laksha Kumar Thakur aged 30 years, the husband of the appellant No. 1 and father of the appellant No. 2 are not in dispute. The deceased was a teacher and was drawing Rs. 707.30 p.m. The Tribunal after deducting monthly living expenses of the deceased estimated Rs. 6,600/- as yearly dependency wherein by applying the multiplier of 10 calculated the compensation of Rs. 66,000/-. An amount of Rs. 20,000/- was awarded under the head of consortium and Rs. 5,000/- was awarded towards other expenses incurred in the other heads of damages. Thus, a total sum of Rs. 91,000/- was awarded with interest at the rate of 9 pe...
Commissioner of Income-tax Vs. Bakhtawar Singh
Court: Madhya Pradesh
Decided on: Jul-15-1996
Reported in: [1997]228ITR614(MP)
A.K. Mathur, C.J.1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue and the following three questions have been referred by the Tribunal for opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the various units established by the assessee at Korba, Anpara, Bhilai, Badarpur, Satpura, etc., were industrial undertakings and the plant and machinery owned by the assessee and used for the purpose of its business were entitled to relief under Section 32A ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to relief under Section 80HH in respect of its units in backward areas where the assessee had set up separate industrial undertakings for each of the units ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding ...
Commissioner of Income-tax Vs. M.P. Audyogik Kendra Vikas Nigam (Raipu ...
Court: Madhya Pradesh
Decided on: Jul-15-1996
Reported in: [1997]227ITR799(MP)
1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue and the following question of law has been referred by the Tribunal for answer by this court :'Whether, under the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified to hold that the assessee's claim of deduction of interest on term loan was of allowable nature ?'2. The assessee is M. P. Audyogik Kendra Vikas Nigam (Raipur) Limited, Raipur. It is a Government undertaking. The assessee had claimed certain collection charges and contingent expenses from its constituents. The same was to form part of the receipts of the assessee. Similarly, the assessee charged interest on its term loans from its constituents and the same also formed part of its receipts. The assessee had shown these receipts in its books and filed the returns accordingly. However, subsequently, the Government of Madhya Pradesh by notifications dated Februar...
Gangadhar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-15-1996
Reported in: II(1997)DMC301
R.D. Shukla, J.1. Appeal is directed against the judgment and order dated 18.3.1991 of the Sessions Judge Rajgarh (Biaora) passed in S.T. No. 152/89 whereby accused-appellant has been convicted Under Section 302 of IPC for having committed murder of his wife Dhapubai, aged 22 years, by setting her to fire on the evening of 3.8.1989 in village Sunderpura, P.S. Malwar and sentenced to imprisonment for life.2. This is not in dispute that deceased Dhapubai was the wife of accused. Both were living together. Dhapubai was found with burn injuries inside the house.3. Prosecution story in brief is that accused used to assault and torture his wife. About 4-5 days prior to the date of incident Dhapubai failed to bring meals for the accused in fields as such she was taken in jungle by the accused where she was assaulted and tortured. She was kept without food.Accused came back alongwith his wife. After keeping her in jungle for about 3-4 days. Harisingh (PW. 4) and Bharatsingh met her on the way....
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