Madhya Pradesh Court September 1996 Judgments
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Dulichand Gulzari Lal JaIn Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Sep-11-1996
Reported in: (1997)140CTR(MP)337
A. K. MATHUR, C.J. :The petitioners by this writ petition, have challenged the validity of s. 69D of the IT Act being unconstitutional. The petitioners have also prayed that the exclusion of the loans taken on hundi and interest paid thereon from the total income of the assessee may be ordered.2. The petitioner No. 1 is a registered firm and the petitioner No. 2 is one of the partners.The petitioners are carrying on business in cloth. The regular books of accounts have been maintained. For the purpose of account, Diwali year is followed. During the accounting year Diwali 1977-78 relevant to asst. yr. 1979-80, the ITO, A-Ward, Jabalpur, found that the assessee had taken hundi loans in cash from various parties after 1st April, 1977, in the following manner :S. No.Name of partyDate of Hundi LoanAmounts Rs.1.Dr. Sureshchand Jain, Jawaharganj, Jabalpur10-7-19782,000 2.Mohanlal Gangaram, Ootegaon15-10-19783,0003.Smt. Jhunnibai w/o Mulayamchand21-7-19782,0004.Smt. Rajklumari Jain25-7-19781,0...
Haider Ali and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-10-1996
Reported in: 1997CriLJ1410
ORDERJ.G. Chitre, J.1. Heard Shri Umesh Maheshwari, for the petitioners Shri A. D. Upadhyaya, Panel Lawyer, for Prosecution. The material which has been collected by the investigation agency against the applicant has been considered.2. It is the case of the prosecution that on 20-6-1995 at about mid-night, all the applicants entered into the shop belonging to complainant Didar Ahmed and committed the theft of some of the furnitures which Was stored in the said shop as well as the cash which was kept in cash box. Prosecution also alleged that all the applicants committed house breaking by night, in order to commit an offence punishable with imprisonment. Prosecution also alleged that they committed the offence punishable under Section 427 of I.P.C. by committing mis-chief, causing damage to the complainant above Rs. 50/-. The FIR of complainant Didar Ahmed is dtd. 21-6-1995. In that FIR Didar Ahmed has alleged that Wasik Ali s/o Issac Ali and Thawar Ali s/o Haidar Ali alongwith four oth...
Raj Kishore Vs. Shri Ram Agrawal
Court: Madhya Pradesh
Decided on: Sep-10-1996
Reported in: I(1997)ACC393; 1996ACJ1351
N.P. Singh, J.1. Heard Mr. Ashok Lalwani for the appellant and Mr. R.P. Agrawal for respondent No. 3.2. This appeal arises out of order dated 4.1.1996 passed by the First Addl. Motor Accidents Claims Tribunal, Katni, in Claim Case No. 29 of 1995, rejecting the application of appellant-claimant under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').3. The facts giving rise to this appeal are that appellant-claimant was proceeding from Katni to Dehitpur on 24.5.1995 on a scooter bearing registration No. MPA 3986 as a pillion rider. The scooter was being driven by the respondent No. 1 in a rash and negligent manner, as a result of which the scooter fell into a ditch and the claimant-appellant sustained serious injuries on his person. He also sustained fracture of the left elbow bone, causing permanent disability. The claimant preferred claim case under Section 166 of the Act and also moved an application under Section 140 of the Act for grant of interim c...
Rameshkumar Soni and anr. Vs. State of Madhya Pradesh and Etc.
Court: Madhya Pradesh
Decided on: Sep-10-1996
Reported in: 1997CriLJ3418
Tej Shankar, J.1. An occurrence took place on 5-6-1984 at about 3.35 p.m. inside the compound of tahsil Seondha, district Datia, P.W. 2, Radheshyam, Clerk-cum-Cashier of Punjab National Bank, Seondha and Ramprakash Shukla, P.W. 3, the then Chowkidar of the said Bank were going after taking money from the treasury in an attache. As soon as they reached the aforesaid place three persons met them. One of them sprinkled chilli powder in the eyes of P.W. 3, Ramprakash Shukla, who was driving the cycle and Radheshyam was sitting on the carrier. As a result of sprinkling of chilli powder both of them fell down from the cycle. One of the Badmashes attacked Radheshyam Gupta with a danda and the third by his katta. The attache containing money was snatched. Gupta was threatened to be killed with katta and Badmashes snatched the attache and escaped. After the occurrence Ramprakash Shukla, P.W. 3, was directed by Shri Gupta to inform the Manager of the Bank and hence he went there. O.P. Sharma was...
Mohd. Ishaq Mohd. Gulam Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-09-1996
Reported in: [1998]233ITR631(MP)
A.K. Mathur, C.J.1. At the instance of the assessee under Section 256(2) of the Income-tax Act, the Tribunal was directed to send the statement of case and, accordingly, the following question of law has been referred by the Tribunal for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was not entitled to claim any deduction for Rs. 3,84,652 on account of leave with wages under the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 ?'2. The year of assessment is 1975-76 and the accounting year ended on March 31, 1975. The assessee is a registered firm engaged in the business of manufacturing beedis. The assessee filed a return showing income at Rs. 4,57,675. It was subsequently revised on March 10, 1977, showing income at Rs. 73,023. In the revised return, it claimed expenses of Rs. 3,84,652 on account of leave with wages as per notification dated December 10, 1976, of the State Governm...
Devmani Bai Vs. Kalyan Singh
Court: Madhya Pradesh
Decided on: Sep-09-1996
Reported in: I(1997)DMC40
Rajeev Gupta, J.1. Petitioner Smt. Devmani Bai, who is wife of non-petitioner Kalyan Singh, has filed this petition Under Section 482, Cr. P.C., against the order dated 24.9.1991, passed by Sessions Judge, Satna in Cr. Rev. No. 68 of 1990, whereby the order dated 1.5.1990, passed by J.M.F.C., Satna in M.Cr.C. No. 3 of 1988 dismissing the petitioner's application for grant of maintenance Under Section 125, Cr.P.C., was affirmed.2. Petitioner Smt. Devmani Bai, initiated proceedings under the provisions of Section 125, Cr.P.C., against her husband, non-petitioner Kalyan Singh, for seeking maintenance. In the application it was mentioned that the petitioner is 'Legally Wedded Wife' of the non-petitioner, and the non-petitioner had kept a 'Mistress' and has thereafter started subjecting the petitioner to cruelty. The petitioner also stated that since then her husband is neglecting to maintain her. On the above allegations, petitioner Smt. Devmani Bai claimed an amount of Rs. 500/- per month...
Hemta S/O Sekiya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-09-1996
Reported in: 1997(1)MPLJ18
R.D. Shukla, J.1. This appeal is against judgment and order dated 23-10-1991 of the first Additional Sessions Judge, Dhar in S. T. 312/90 whereby the accused-appellant has been convicted under section 302, Indian Penal Code for having committed murder of Toliya son of Manglia Bheel on 23-6-1990 at about 9.30 a.m. in village Gwalbaidi, District Dhar and sentenced to imprisonment for life.2. Prosecution story in brief is that on the date of the incident i.e. on 23-6-1990 at about 9.30 a.m. deceased Toliya accompanied by his son Shambhu (P.W. 1), Chhagan (P.W. 2) Kalabai (P.W. 3) went to the disputed field which they had cultivated a day before. They found the accused and his two brothers conducting sowing operations in the disputed field. It was objected to by deceased Toliya and his family members. Accused Hemta took out bow and arrow and gave an arrow shot which hit deceased Toliya in his chest. He pulled out the arrow and died sometime thereafter.The matter was reported to the police ...
Haider Ali Mumtajali and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-09-1996
Reported in: 1997(1)MPLJ500
ORDERJ.G. Chitre, J.1. Heard Shri Umesh Maheshwari, for the petitioners.Shri A. D. Upadhyay, Panel Lawyer, for prosecution.The material which has been collected by the investigating agency against the applicant has been considered.2. It is the case of the prosecution that on 20-6-1995 at about mid night, all the applicants entered into the shop belonging to complainant Didar Ahmed and committed the theft of some of the furniture which was stored in the said shop as well as the cash which was kept in cash box. Prosecution also alleged that all the applicants committed house breaking by night, in order to commit an offence punishable with imprisonment. Prosecution also alleged that they committed the offence punishable under section 427 of Indian Penal Code by committing mischief, causing damage to the complainant above Rs. 50/-. The FIR of complainant Didar Ahmed is dated 21-6-1995. In that FIR Didar Ahmed has alleged that Wasik Ali s/o Issac Ali and Thawar Ali s/o Haidar Ali along with...
Hemta S/O Sekiya Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-09-1996
Reported in: 1997CriLJ1267
R.D. Shukla, J.1. This appeal is against judgment and order dated 23-10-1991 of the first Addl. Sessions Judge Dhar in S.T. 312/90 whereby the accused-appellant has been convicted under Section 302, I.P.C. for having committed murder of Toliya son of Manglia Bheel on 23-6-1990 at about 9.30 a.m. in village Gwalbaidi District Dhar and sentenced to imprisonment for life.2. Prosecution story in brief is that on the date of the incident i.e on 23-6-1990 at about 9.30 a.m. deceased Toliya accompanied by his son Shambhu (P.W. 1), Chhagan (P.W. 2) Kalabai (P.W. 3) went to the disputed field which they had cultivated a day before. They found the accused and his two brothers conducting sowing operations in the disputed field. It was objected to by deceased Toliya and his family members. Accused Hemta took out bow and arrow and gave an arrow shot which hit deceased Toliya in his chest. He pulled out the arrow and died sometime thereafter.The matter was reported to the police by son of deceased T...
Beni Ram Sahu Vs. Beer Singh
Court: Madhya Pradesh
Decided on: Sep-09-1996
Reported in: 1997(2)MPLJ528
N.P. Singh, J.1. R.D. Hundikar, counsel for the appellants. He is heard on the question of admission of this appeal.2. This appeal, as well as M.A. Nos. 952 to 959 and 962 of 1996 arise out of the same accident and common question of law is involved in these appeals. Therefore, they are heard together and disposed of at the admission stage without notice to the respondents.3. This appeal is directed against the order dated 1.7.1996 passed by the Motor Accidents Claims Tribunal, Chhindwara, whereby he awarded interim compensation of Rs. 25,000/- to the appellants/claimants under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') on account of the death of the deceased in a motor accident which took place on 20.8.1995, after deducting the ex gratia payments received by the claimants from the State Government and the respondent M.P.S.R.T.C.4. The question of law involved is whether payment of ex gratia to the dependants of the deceased on account of the dea...
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