Madhya Pradesh Court January 1998 Judgments
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Ashok Kumar Adopted Son of Late Ramsewak Vs. Smt. Rampyari Bai and anr ...
Court: Madhya Pradesh
Decided on: Jan-11-1998
Reported in: AIR1999MP67; 1998(2)MPLJ679
S.S. Jha, J. 1. This appeal is filed against the order passed hy single Bench in an appeal under Section 299 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act'), affirming the order dated 2-5-1992, passed by Shri Vikas Jain, Fifth Additional District Judge, Gwalior in Probate Case No. 8/87. 2. An application for grant of probate was tiled by the appellant claiming therein that by Will dated 27-6-77 one Ramdevi has bequeathed her property in favour of appellant. The appellant claimed that he was adopted by Ramdevi. The Will was disputed and probate case was tried in the Court of Additional District Judge. Learned Additional District Judge found that the Will was not executed by Ramdevi, and dismissed the application. The appellate Court has affirmed the finding. 3. Learned counsel for the appellant submitted that the Additional District Judge had no jurisdiction to entertain the probate petition. He submitted that under Section 388 of the Act, notification is issued by...
Ramji Porte and ors. Vs. Premabai Patel and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1998
Reported in: 2000ACJ1359; AIR1998MP257; 1998(2)MPLJ442
S. K. Dubey, J. 1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988(for short 'the Act') against the award dated 9-2-1996, passed in Claim Case No. 20/94, by IInd Additional Motor Accidents Claims Tribunal, Bilaspur.2. The appellants are the legal representatives of the deceased Sunder Singh, aged about 35 years, who was employed as a driver on monthly wages of Rs. 1500/- on truck No. CIL 5248 owned by respondent No. 1 and insured with respondent No. 2. The appellants filed an application under Section 166 of the Act to claim compensation Rs. 5,40,000.00 for the death of Sunder Singh caused in motor accident on 5-11-93, on the averments that the accident was caused due to negligence of the owner of the truck as the truck was 15 years old and was not kept in roadworthy condition. Though, the truck had a fitness certificate, but the deceased complained about its condition as on road it used to go of and on out of order. On the fateful day of accident the truck after lo...
Commissioner of Income-tax Vs. Purushottamdas and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1998
Reported in: [1999]236ITR573(MP)
A.K. Mathur, C.J.1. This is an application under Section 256(2) of the Income-tax Act, 1961, at the instance of the Revenue for calling for a statement of case from the Tribunal on the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting the penalty levied under Section 271(1)(c) even after confirming the unexplained investment in quantum appeal ?'2. The assessees' premises were searched on January 21, 1976, and on the basis of seized material, assessments for the assessment years 1967-68 to 1976-77 were completed. The assessees concealed unexplained investments. The Assessing Officer imposed penalty under Section 271(1)(c) of the Act. Aggrieved by this penalty, the assessees filed an appeal before the Commissioner of Income-tax (Appeals) who confirmed the order of the Assessing Officer. Hence, the assessees approached the Tribunal and the Tribunal after considering the matter allowed the appeal of the ass...
General Secretary, M.P.K.K.M. Panchayat (Hms) Vs. Western Coal Fields ...
Court: Madhya Pradesh
Decided on: Jan-08-1998
Reported in: [1998(79)FLR150]; (1999)ILLJ772MP
S.K. Dubey, J.1. By this petition under Article 227 of the Constitution of India, the petitioner seeks quashment of the award dated August 29, 1996 passed in Case No.CGIT/LC (R) (25)/1984 by the Central Government Industrial Tribunal-cum-Labour Court (for short 'CGIT').2. Facts giving rise to this petition are thus: The petitioner union raised an industrial dispute in relation to workman Harihar S/o.Shyam Rao, DPR. working in Eklehra Colliery, whose services were terminated w.e.f. March 13, 1978 for over-staying the leave from November 2, 1977. According to the management the workman went on leave to his village who was to join his duties from November 2, 1977, but, he did not turn up till March 13, 1978, thereafter, his services came to an end automatically under Clause 19 of the Certified Standing Orders, which lays down that if a workman remains absent himself without any information to the Manager, for more than 30 days, his services will automatically stand terminated. The notice ...
Bhola Ram Vs. Mohammad Iqbal Khan and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1998
Reported in: II(1999)ACC265; 1999ACJ605
Fakhruddin, J.1. Appellant has preferred this appeal against rejection of his application filed under Section 140 of the Motor Vehicles Act by the Motor Accidents Claims Tribunal, Guna, praying for grant of compensation under no fault liability.2. Briefly stated the facts of the case are that on 5.4.1993, an accident occurred with truck, owned by Babu Khan and driven by Iqbal Khan. In that accident, one Ghasilal had died. The truck was insured with respondent No. 3, the New India Assurance Co. Ltd., Indore. F.I.R. of the incident was lodged at P.S. Bajranggarh, District Guna. It was registered as Crime No. 47 of 1993.3. The claimant/appellant filed a claim petition before the Claims Tribunal, Guna. In that claim petition, an application under Section 140 of the Act was filed praying for compensation under no fault liability. The Claims Tribunal rejected the application on the ground that the claimant who is brother of deceased is not entitled to receive the claim.4. Mr. Prashant Sharma...
Commissioner of Income Tax Vs. Purushotamdas and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1998
Reported in: (1998)149CTR(MP)151
A.K. Mathur, C.J.This is an application under section 256(2) of the Income Tax Act, 1961 at the instance of revenue for calling statement of case from the Tribunal on the following question of law :'Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting the penalty levied under section 271(1)(c) even after confirming the unexplained investment in questions appeal?'The Assessees' premises were searched on 21-1-1976 and on the basis of seised material, assessments for assessment years 1967-68 to 1976-77 were completed. The assessees concealed unexplained investments. The assessing officer imposed penalty under section 271(1)(c) of the Act. Aggrieved by this penalty, the assessees filed an appeal before the Commissioner (Appeals) who confirmed the order of the assessing officer. Hence, the assessees approached the Tribunal and the Tribunal after considering the matter allowed the appeal of the assessed and set aside the penalty. While disp...
Surendra Agnihotri Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-07-1998
Reported in: 1998CriLJ4443
C.K. Prasad, J.1. Appellant, being aggrieved by his conviction for offence under Section 306 IPC and sentence of R.I. for three years by the Sixth Addl. Sess. Judge, Jabalpur in S.T. No. 370/84 by judgment dated 19-12-1986, has preferred this appeal.2. It is an admitted position that the deceased Indu Jain was an Advocate and attending the chamber of the appellant, who is also a lawyer, as his junior. Appellant used to regularly visit the deceased at her residence and he had intimate relationship with her family members. It is also not disputed that on 8-7-1984 at 8.30 a.m. appellant had gone to the residence of the deceased and both of them were talking in the drawing room. Before this, appellant was sitting in a saw mill where deceased came and took him to her residence. It is further an admitted position that during those days negotiation for marriage of the deceased was going on with a person at Gwalior. Admitted fact of the case further is that in the drawing room where the deceas...
Keshri Steels and anr. Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Jan-06-1998
Reported in: AIR1998MP315; 1998(2)MPLJ535
ORDERDeepak Verma, J.1. By filing this petition under Art, 226 of the Constitution, Petitioners are praying for quashment of letter dt. 24-2-1997 (Annexure P-1), issued by the Senior Accounts Officer, M, P. Electricity Board to State Bank of Indore/ Dewas, for encashment of five Bank Guarantees mentioned in the said letter.2. Facts material for deciding the said petition are mentioned hereinbelow;Petitioners Nos. 1 & 2 are Mini Steel Plant and Rolling Mill respectively, situated at Dewas. Both the Units are divisions of Reliance Ispat Industries Ltd., a duly registered Company under the provisions of Companies Act. For the purposes of manufacturing their products, the Petitioners need electrical energy, which constitute about 20% of the raw material cost of the plants of the Petitioners,'which are intensively power based industries. Respondent No. 1/M.P. Electricity Board (for short referred to as 'Board') has been constituted by State Government under Section 5 of the Electricity Supp...
Deepa @ Deepchand and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-06-1998
Reported in: 1998(1)MPLJ412
D.P.S. Chauhan, J.1. The appeal is at the behest of Deepa @ Deepchand and Bego Bai @ Faggo Bai, who were convicted in S. T No. 18/87, vide judgment and order dated 12-2-1988, whereby appellant No. 1 Deepa @ Deepchand was convicted for commission of the offence punishable under section 302, of the Indian Penal Code, and was sentenced to imprisonment for life, whereas appellant No. 2 Bego Bai @ Faggo Bai was convicted under section 302 with the aid of section 34 of the Indian Penal Code, and was sentenced to imprisonment for life.2. The brief facts of the case are that there was dispute between the accused persons and Basodi in relation to the land comprising in Khasra No. 21/3, measuring 8.607 Hectare, situated in village Kachhari, P. S. Keolari, Tehsil and District Seoni. Basodi Lal claims to have received this land from the maternal grand mother late Batto Bai, whereas on the basis of sale deed (Ex. D/5) Jeevanlal, the father of Deepa @ Deepchand and his mother Bego Bai wanted to have...
Deepa Alias Deepchand and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-06-1998
Reported in: 1999CriLJ413
D.P.S. Chauhan, J.1. The appeal is at the behest of Deepa alias Deepchand and Bego Bai alias Faggo Bai, who were convicted in S.T. No. 18/87, vide judgment and order dated 12-2-88, whereby appellant No. 1 Deepa alias Deepchand was convicted for commission of the offence punishable under Section 302, of the IPC, and was sentenced to imprisonment for life, whereas appellant No. 2 Bego Bai alias Faggo Bai was convicted under Section 302 with the aid of Section 34, of the IPC, and was sentenced to imprisonment for life.2. The brief facts of the case are that there was dispute between the accused persons and Basodi in relation to the land comprising in Khasra No. 21/3, measuring 8.607 Hectare situated in village Kachhari, P.S. Keolari, Tensil and District Seoni. Basodi Lal claims to have received this land from the maternal grand-mother late Batto Bai, whereas on the basis of sale deed (Ex.D/5) Jeevanlal, the father of Deepa alias Deepchand and his mother Bego Bai wanted to have possession ...
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