Madhya Pradesh Court March 1997 Judgments
Kusum Rani Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-05-1997
Reported in: II(1997)DMC368
R.S. Garg, J.1. This judgment shall also dispose of Criminal Appeal No. 892/94, Manohar v. State of M.P. and Criminal Appeal No. 893/94, Onkar v. State of M.P.2. The three appellants have been convicted by the IIIrd Addl. Sessions Judge, Sagar in Sessions Trial No. 69/93 for having committed offence punishable under Section 498A and Section 306, IPC. The learned Trial Court was pleased to award sentence of two years R.I. and fine of Rs. 200/-, in default of payment of fine to undergo R.I. for one month under Section 498A and also convicted each of the accused under Section 306, IPC and sentenced them to undergo R.I. for seven years and pay fine of Rs. 200/-, in default of payment of fine, the accused were required to undergo one month's R.I. Being aggrieved by the said conviction and the sentence each of the accused has preferred a separate appeal from jail.3. The prosecution case, in brief, is that the deceased Rukmanbai was married to the accused within seven years of her un-natural ...
Tag this Judgment!Kalekhan Mohd. (Firm) and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1997
Reported in: 1997(2)MPLJ171
ORDERC.K. Prasad, J.1. Petitioner No. 1 is a partnership firm whereas petitioner No. 2 is its managing partner. The firm carries on the business of manufacturing bidis in the State of M.P. The Assistant Labour Commissioner filed application Under Sections 15(2) and 16 of the Payment of Wages Act stating therein that the petitioners did not pay bonus to its workmen in accordance with law. On receipt of the notice the petitioners filed their objection before the authority under the Payment of Wages Act. Objections of the petitioners were that application having been filed by the Assistant Labour Commissioner, the authority under the Payment of Wages Act, ought not to have taken cognizance of the same and proceeded with the matter. It was further contended that the claim made in the application was barred by limitation and bonus being not a wage, the authority under the Payment of Wages Act has no jurisdiction to entertain the application. The aforesaid objections of the petitioners were ...
Tag this Judgment!Chhagan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-05-1997
Reported in: 1998CriLJ2179
R.P. Gupta, J.1. The appellant is the husband Of deceased Radhikabai She hanged herself in her matrimonial home on 5th of Jan. 86. The husband was tried for abetting the suicide punishable under Section 396, I.P.C. and has been found guilty of that offence vide judgment dated 15-1-87. He has also been convicted under Section 498A, I. P. C, for treating her with cruelty. He was sentenced to R. I. for 3l/2 years for the offence punishable under Section 306, I.P.C. and R. I. for 2 years for the offence punishable under Section 498A, I.P.C. The sentence are to run concurrently.2. There is no clear evidence on record as to when the appellant and the deceased were married, nor there is any finding about it By the trial Court. However, the trial Court found the appellant guilty on proof of the following facts :i) That she (deceased) had given birth to four children from the accused, out of whom only one is alive.ii) That the deceased had suffered an operation for removal of her womb after the...
Tag this Judgment!Rukmani Bai Vs. Commissioner of Income Tax.
Court: Madhya Pradesh
Decided on: Mar-05-1997
Reported in: (1997)142CTR(MP)465
S. K. KULSHRESTHA, J. :The applicant seeks reference under s. 256(2) of the IT Act, 1961 of the following questions stated to be arising out of the order of the Tribunal pertaining to the asst. yrs. 1975-76 & 1976-77 :'Asst. yr. 1975-76 :1. Whether the order upholding the penalty is vitiated in law as having been passed ignoring material evidence on record regarding additions and renovations in house from February, 1973 to Dewali 1974 and not during financial year 1974-75 alone and there was substantial agricultural income of the assessee besides grains business income of her husband.2. Whether, the presumption that the assessee concealed taxable income of Rs. 15,000 when the assessee had tax-free agricultural income of about Rs. 9000 for 6 years and her husband separate business income of about Rs. 5,000 and those years were cheap years, was rational and reasonable so as to attract penalty.3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in ...
Tag this Judgment!Mitthanlal Mishra Vs. State Government of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1997
Reported in: AIR1998MP67; 1997(2)MPLJ216
ORDERR.S. Garg, J.1. By this petition under Arts. 226 and 227 of the Constitution of India, the petitioner challenges the constitutional validity of Section 52 of the Indian Forest (M. P. Amendment) Act, 1983 and also challenges the order of confiscation passed by respondent No. 2 on 7-1-1987.2. At the very inception of the argument, Shri Dabir submitted that he seeks to withdraw the challenge thrown to the constitutional validity of Section 52 of the Indian Forest (M. P. Amendment) Act, 1983.3. The case of the petitioner was that he is the owner of the Truck No. M.P. No. 5928, the said truck was in custody and possession of the driver Gokul Prasad who was required under the transit permit to transport certain forest wood from one place to another. In a raid effected on 4-12-1986 the Forest Ranger found the truck carrying some different fresh sawn forest produce and not the one under the permit or transit pass. The Truck was seized. Forest offence was registered and notice was sent to ...
Tag this Judgment!Ajay Mahawar S/O Late Munshi Lal and ors. Vs. Smt. Savita Devi Kariya
Court: Madhya Pradesh
Decided on: Mar-04-1997
Reported in: 1998(1)MPLJ402
ORDERD.P.S. Chauhan, J.1. Heard the learned counsel for the applicants, Shri Umesh Trivedi.2. This revision is directed against the order dated 14-11-1996 and confined to the order passed on the application under section 13(6) of the M. P. Accommodation Control Act, 1961 (for brevity hereinafter referred to as 'the Act').3. So far as tenancy was concerned, the defendants accepted the same. So far as amount of rent payable i.e. rate of rent was concerned, that was also accepted. The dispute was only in regard to the fact as to whether the amount as claimed in the notice is due or not due. Learned counsel submitted that under sub-section (2) of section 13 of the Act, it is obligatory on the part of the concerned authority to determine amount of rent i.e. arrears of the rent as to how much the arrears or whether there is any arrears or not. In this connection, learned counsel placed reliance on the case of Anandilal v. Shiv Dayal Pandey, 1977 MPLJ 822 and invited the attention of the Cour...
Tag this Judgment!Phool Singh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-03-1997
Reported in: II(1998)DMC632
R.S. Garg, J.1. The accused persons stand convicted for commission of offence under Section 304B, Indian Penal Code and have been awarded 7 years R.I. Being aggrieved by the conviction and award of the sentence, the appellants have preferred this appeal.2. The prosecution case, in brief, is that Geetabai wife of appellant No. 1 committed suicide at about 10 a.m. on 27th June, 1990. When the matter was reported to the police, offence was registered and after completing the investigation the charge sheet was filed.3. The prosecution case, in brief is that deceased Geetabai daughter of Panna Lal was married to the accused Phool Singh somewhere in the year 1988. The appellant No. 1 is the husband and the appellant No. 2 is the mother-in-law of the deceased. The prosecution case proceeds and states that on 27.6.1990, the Village Choukidar Lalaram s/o Hazarilal lodged a report to the police that he was informed by one Pappu that his Bhabhi (sister-in-law) had committed suicide. The police ma...
Tag this Judgment!Raju S/O Jagdish Prasad and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-03-1997
Reported in: 1997(2)MPLJ35
S.K. Kulshrestha, J.1. The two appellants have preferred this appeal against the judgment dated 16-2-1990 of the learned First Additional Sessions Judge, Jabalpur, by which the appellant No. 1 has been convicted for an offence Under Section 302 read with Section 34 of the Indian Penal Code and the appellant No. 2 for an offence Under Section 302, Indian Penal Code and each of them has been sentenced to imprisonment for life.2. The two appellants were tried along with co-accused Pappu alias Rajkumar, who has been acquitted, on the prosecution story that the appellants harboured an impression that the deceased Subhash was making their father drink liquor and they were, therefore, quite annoyed. On 21-9-1988, at about 8.00 P.M., it is alleged that the appellants, in the common court-yard of their house and that of the deceased Subhash, started hurling filthy abuses on Subhash stating that he had made their father drink liquor. When the deceased Subhash came out of his house, it is alleged...
Tag this Judgment!Phool Singh S/O Daulat Singh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-03-1997
Reported in: 1997(2)MPLJ163
R.S. Garg, J.1. The accused persons stand convicted for commission of offence Under Section 304B, Indian Penal Code and have been awarded 7 years R.I. Being aggrieved by the conviction and award of the sentence, the appellants have preferred this appeal.2. The prosecution case, in brief, is that Geetabai wife of appellant No. 1 committed suicide at about 10 a.m. on 27th June, 1990. When the matter was reported to the police, offence was registered and after completing the investigation the charge sheet was filed.3. The prosecution case, in brief is that deceased Geetabai daughter of Panna Lal was married to the accused Phool Singh somewhere in the year 1988. The appellant No. 1 is the husband and the appellant No. 2 is the mother-in-law of the deceased. The prosecution case proceeds and states that on 27-6-1990, the village Choukidar Lalaram s/o Hazarilal lodged a report to the police that he was informed by one Pappu that his Bhabhi (sister-in-law) had committed suicide. The police ma...
Tag this Judgment!Ravi Shankar Shyamlal Vishwakarma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-03-1997
Reported in: 1998(1)MPLJ279
R.P. Gupta, J.1. By this judgment we dispose of Criminal Reference No. 3/96 under section 366, Criminal Procedure Code for confirmation of death sentence on the convict and Appeal No. 1552/96, Ravi Shankarv. State of M. P. against the judgment of conviction and sentence of death passed by First Additional Judge, Damoh (M.P.) on 9-9-1996.2. The finding of the trial Court is that on 11-5-1994 about some time, this appellant being the husband of victim Lokmati in Village Kusmi caused her death by causing injury to her womb by introducing some external hard object or weapon and thus he committed the offence of murder punishable under section 302, Indian Penal Code. He was sentenced to death by hanging.3. It may be noticed that this appellant along with his father Shyamlal and mother Kallobai were jointly tried on charges of offence punishable under section 304B, Indian Penal Code, that is dowry death of a bride within seven years of her marriage resultant from cruel treatment of her husban...
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