Madhya Pradesh Court July 1996 Judgments
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Shanti Devi W/O Shiv Prasad Shrivastava and anr. Vs. State of Madhya P ...
Court: Madhya Pradesh
Decided on: Jul-15-1996
Reported in: 1997(1)MPLJ674
R.P. Gupta, J.1. This appeal is directed against Judgment dated 31-5-1991 by 4th Additional Sessions Judge, Bhopal, in Sessions Case No. 62/90 whereby three appellants were convicted for the offences punishable under sections 363 and 366, Indian Penal Code and sentenced to R.I. for 4 years on both counts, each.2. The learned Additional Sessions Judge found that these accused/appellants had enticed away a minor girl namely Jyoti who was allegedly between 16 to 18 years at the relevant time i.e. 1-12-1989. These accused Shiv Prasad and Shahti Devi are tenants in the house of parents of the victim Jyoti in Bhopal and they persuaded her to go from her parents house and took her to Nandgarh, Distt. Sidhardh Nagar (U.P.) and persuaded her to stay with the third accused Shyam Narayan, the appellant, who established sexual relations without marriage although there was a promise of marriage given to her. She was recovered from house of one Shri Kishore Shrivastava on 10-1-1990 by the Police. Th...
Sajjansingh Verma Vs. Surendra Verma and ors.
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: AIR1997MP49
ORDERA.R. Tiwari, J.1. By a plurality of less than 123 votes, (123 votes to be exact as reduced from initial margin of 146 votes) on recount of votes in terms of Rule 63 of the Conduct of Election Rules, 1961 (for short 'the Rules'), respondent No. 1 (Surendra Verma), a candidate sponsored by Bhartiya Janta Party was declared elected on 1st December, 1993 from Sonkatcha Constituency No. 277 of the Madhya Pradesh Legislative Assembly in the general election held on 27th November, 1993 defeating his main rival, the petitioner, a candidate put up by Indian National Congress. Respondents Nos. 2 to 6, ex parte here, were also in the field and polled poorly. The petitioner has filed this Election Petition under Section 81 of the Representation of the People Act, 1951 (for short 'the Act') calling in question the election of the respondent No. 1 on the grounds specified in Sections 100 and 101 of the Act to obtain triple reliefs as noted below :--(a) To declare the election of respondent No. ...
Kamrunnisa Widow of Mirza Beg Vs. Pramod Kumar Gupta
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: AIR1997MP106
S.C. Pandey, J. 1. This is an appeal filed by the defendant, challenging the decree passed by the lower Appellate, Court under Section 100 of the Code of Civil Procedure. The trial Court had dismissed Civil Suit No. 92-A/91 filed by the respondent. The lower Appellate Court allowed the appeal of the respondent and granted a decree for specific performance of contract against the appellant in respect of 1 /6th share of property detailed in the plaint-map. 2. In order to appreciate the controversy involved in the suit, it is necessary to give a short version of facts on which the parties went to trial. The respondent, inter alia, pleaded that there was a written agreement dated 23-10-1978 between the respondent and the appellant in respect of the property shown in the schedule annexed to the plaint. The agreement dated 23-10-1978 purported to be a contract of sale whereby the appellant agreed to sell the entire plot received by her as result of the decree of the Court in Civil Suit No. 1...
Commissioner of Income-tax Vs. Adoon Electronics P. Ltd.
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: [1998]232ITR528(MP)
A.R. Tiwari, J. 1. On an application by the Department (CIT, Bhopal), under Section 256(1) of the Income-tax Act, 1961, registered as RA No. 350/Ind. of 1993, the Tribunal stated the case and referred the under-noted question, categorised it as one of law, arising out of the order dated October 6, 1993, passed in ITA No. 59/Ind. of 1991 for the assessment year 1988-89, for our opinion :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in directing the Assessing Officer that while computing the profits for the purposes of Section 115J of the Income-tax Act, 1961, to take into account the total amount of unabsorbed depreciation together with the total amount of business loss and to allow deduction of the amount of either the business loss or the unabsorbed depreciation whichever is less in comparison to the total of the unabsorbed depreciation and the business loss ?'2. Briefly stated, the facts of the case are that in the assess...
Commissioner of Wealth-tax Vs. Smt. Sushiladevi
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: [1998]232ITR556(MP)
A.R. Tiwari, J. 1. At the instance of the Commissioner of Wealth-tax, Bhopal, the Tribunal has stated the case and referred the undernoted question of law, on application presented under Section 27(1) of the Wealth-tax Act, 1957 (for short 'the Act'), and registered as RA No. 46/Ind. of 1995 arising out of the order dated January 16, 1995, passed by it in WTA No. 30/Ind. of 1991 for the assessment year 1986-87, for our opinion : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that for making addition on the basis of deeming provisions contained in Section 4(1)(a)(v) of the Wealth-tax Act, 1957, the donee should not only be the wife of the assessee's son on the valuation date, but also at the time of the gift ?' 2. The facts lie in a narrow compass. 3. The assessment was originally completed under Section 16(3) of the Act on March 19, 1987. By invoking the provisions of Section 25(2) of the Act, the Commissioner of Weal...
Shyam Oil Mills Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: [1997]226ITR184(MP)
A.R. Tiwari, J.1. The assessee has filed this application under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), seeking direction to the Tribunal to state the case and refer the undernoted questions, labelled as of law, arising out of the order dated March 17, 1994, passed by the Tribunal in I. T. A. No. 680/Ind. of 1989 for the assessment year 1982-83 after rejection of the application, presented under Section 256(1) of the Act and registered as R. A. No. 67/Ind. of 1994 on October 5, 1994, for our opinion :' (i) Whether the Tribunal is correct in law to hold that the Income-tax Officer was right in imposing penalty when he has not sought instructions from the Commissioner about the revised return filed under the scheme admitting the addition and whether in such circumstances, the order imposing penalty by the Income-tax Officer is in accordance with law ? (ii) Whether, on the facts and circumstances of the case, the order passed by the Hon'ble Tribunal confirming th...
John Adward Marbal Vs. Nalini Shailbala and anr.
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: I(1997)DMC447
A.K. Mathur, C.J.1. This is a reference under Section 17 of the Indian Divorce Act, 1869, for confirmation of decree for dissolution granted by the IIIrd Additional Judge to the Court of District Judge, Raipur, by judgment and decree dated 31.10.1995 in Civil Suit No. 103-A of 1994.2. The brief facts giving rise to this reference are thus me applicant John Adward Marbal married the respondent No. 1-Smt. Nalini Shailbala on 18.12.1992 at Devi - Rajhara. The marriage was solemnized according to the Christian rites and rituals. After the marriage, both went to the house of the petitioner's brother at Bhilai and stayed there till 25.12.1992. But the attitude of the respondent No. 1 was not normal and she did not give response to the elders as expected from the newly wedded girl. Thereafter, the petitioner joined the respondent No. 1 to go to Bilaspur - Jarhagaon, where respondent No. 1 's uncle resides and they stayed there upto 1.1.1993, and there also, there was no change in the behaviou...
Lajja Bai and Abhimanyu Vs. Ram Singh
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: I(1997)DMC1
Rajeev Gupta, J.1. Petitioners Lajja Bai and Abhimanyu have filed this revision petition against the order dated 9.2.1994, passed by Additional Sessions Judge, Multai in Cr. Revision No. 63/91, whereby the order dated 30.9.1991, passed by Judicial Magistrate First Class, Multai in Case No. 233/87, granting maintenance of Rs. 400/- and Rs. 100/- per month to petitioners 1 and 2 respectively, was set aside.2. Petitioner Lajja Bai, Legally wedded wife of non petitioner Ram Singh, filed an application under Section 125, Cr. P.C. seeking maintenance for herself and her minor son, petitioner No. 2 Abhimanyu, alleging that her husband Ram Singh was subjecting her to cruelty, for pressing his demands for more dowry. The Trial Court, on a close scrutiny of the evidence adduced by the parties, found that petitioners Lajja Bai and her son Abhimanyu were entitled to receive maintenance from the non-petitioners and therefore passed the order granting maintenance of Rs. 400/- and Rs. 100/- per month...
Jaggi @ Jagdish S/O Ramprasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: 1997(2)MPLJ433
J.G. Chitre, J.1. The petitioner is assailing correctness, propriety and legality of the order of conviction and sentence recorded against him by learned Chief Judicial Magistrate, Dhar, in the matter of Cr. C. No. 2154/82.2. The prosecution case in brief is that on 2-111982 a truck bearing No. CPH-7173 was apprehended by police on information that opium was being transported through it. The said truck was belonging to Satyanarayan s/o Amarchand Sharma and was driven by the present petitioner. Prosecution alleged that co-accused Murari s/o Ramsewak was a person travelling through said truck by taking lift temporarily. When the said truck was searched, 4 quintals of opium was found which was stored in a concealed chamber which was covered by wooden and metal planks. After the said seizure, all the accused were put to trial and after trial was over, the learned trial Court acquitted accused Murari s/o Ramsewak and Satya Narayan s/o Amarchand Sharma; however convicted the present petition...
Som Distilleries of Breweries Pvt. Ltd. Vs. State of Madhya Pradesh an ...
Court: Madhya Pradesh
Decided on: Jul-12-1996
Reported in: 1997(2)MPLJ376
ORDERA.K. Mathur, C.J.1. Petitioner has by this writ petition challenged Notification No. 7-B-1-38-91-CTD-V dated 27th March, 1995 issued by the respondent No. 1 State (Annexure-B) as being ultra vires Articles 14, 301, 302 and 304(a) of the Constitution of India.2. Brief facts giving rise to this writ petition are that the petitioner is a Company having its distillery and bottling unit at village Rojrachakra, District Raisen. The petitioner is manufacturing beer at its Indian Made Foreign Liquor Unit and has entered into an agreement with Jagajit Industries taking franchise of their products for being manufactured at the bottling unit of the petitioner. It is alleged that some more groups are having manufacturing facilities in the State of M.P., namely, U. B. Group, Shaw Wallace, B. D. A Limited; Jagajit Industries and Tilak Nagar Industries. It is alleged that the State of M.P. in exercise of its powers conferred under clauses (g) and (h) of Sub-section (2) of Section 62 of the Madhy...
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