Madhya Pradesh Court October 1998 Judgments
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Keshari Singh Alias Ramu and anr. Etc. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-28-1998
Reported in: 1999CriLJ2606
V.K. Agrawal, J. 1. The accused/appellants Keshri Singh alias Ramu and another Cr. A. No. 780/97 and accused/appellant Ramesh Kumar Cr. A. No. 781/97 stand convicted for offence punishable under Section 326 in the alternative 326 read with Section 34 of the Indian Penal Code, and each of them have been sentenced to undergo Rigorous Imprisonment for 5 (five) years and to pay fine of Rs. 1,000/- (one thousand) in default of which to undergo further Rigorous Imprisonment for 6 (six) months, by judgment dated 7-4-1997, in Sessions Trial No. 48/94, by Addl. Sessions Judge, Panna.2. Since both the above Criminal Appeal Cr. A. No. 780/97 of accused/appellants Keshri Singh alias Ramu and Amratlal and Cr. A. No. 781/97 of accused/appellant Ramesh Kumar are directed against the same judgment, therefore they are being disposed off by this common judgment.3. The prosecution case stated in brief is, that prior to the incident i.e. on 9-5-94 injured/complainant Pramod Kumar Khare (P. W. 7) was assau...
Shivlal and Seven ors. Vs. Girish Kumar and ors.
Court: Madhya Pradesh
Decided on: Oct-27-1998
Reported in: AIR1999MP52
J.G. Chitre, J.1. Shri Kutumble submitted that the learned Tribunal did not peruse the FIR which mentions the name of deceased and the number of the truck involved in the said accident. He further pointed-out that insurance cover note which is on record also mentions that the said truck was insured with respondent No. 3 on the date and time of the said accident. He submitted that in spite of this the Tribunal did not award interim compensation to the appellants in view of the provisions of Section 140 of the M.V. Act.2. Shri Dandwate, counsel appearing for respondent No. 3 submitted that the Tribunal was right in rejecting the prayer of appellants for interim compensation because the driver and the owner of the said truck have denied the liability.3. I do not find any substance in the submission of Shri Dandwate, counsel appearing for respondent No. 3. Section 140 of the M.V, Act is the provision studded in benevolent legal provisions of M.V. Act. What the Tribunal has'to do is to find...
Manoj @ Amit Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-27-1998
Reported in: 1999(1)MPLJ567
V.K. Agrawal, J.1. The accused/appellant stands convicted under Section 20(b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' in short) and has been sentenced to undergo R. I. for three years and to pay fine of Rs. 5,000/- (Rupees Five Thousand only), in default of which to undergo S. I. for one year.2. The prosecution case stated in brief is that on 18-9-1996, Sub- Inspector Ramsewak (P.W.3) who was posted at Police Station Chandameta received information from an informer that a person having 'ganja' in the bag has gone to the market side. He recorded the above information and prepared panchnama (Ex.P-2). He proceeded to Chandameta Bazar. He saw the accused/appellant with a bag going on the road. He made enquiry from the accused/appellant and after intimating him, whether he wishes to get searched by a Magistrate or a Senior Police Officer or by Ramsewak (P.W.3) himself, and on the accused/appellant expressing his consent to be searche...
Sushil Kumar (In Jail) Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-27-1998
Reported in: 1999CriLJ4516
V.K. Agrawal, J.1. The accused/appellant stands convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' for short) and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 3,000/- in default of which to undergo imprisonment for six months, by judgment dated 11-7-1996 in Special Case No. 113/1994 by Sessions Judge, Bilaspur.2. The case of the prosecution, stated in brief, is that on 19-7-1994 Police Constable Shyamlal Rathore (P.W. 8) was posted at Police Station Champa and had gone on duty for service of summons at village Kumhari. On the next day, i.e. on 20-7-1994, while he was returning to Champa, he received an information that a person was carrying Ganja. He saw the accused/appellant coming on a scooter at Saragaon Rly. Crossing. He stopped the scooter and on search of the scooter, a bag was recovered in which Ganja was kept. The accused/appellant was taken by Police Constable Shya...
Tej Kumari and ors. Vs. Hakim Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-27-1998
Reported in: 2000ACJ1205
S.P. Srivastava, J. 1. The claimants-appellants feeling aggrieved by the award given by the Motor Accidents Claims Tribunal in the proceedings under Section 166 of the Motor Vehicles Act have come up in appeal seeking redress to this court praying for the enhancement of the amount of compensation awarded by the Tribunal.2. We have heard the learned counsel for the appellants as well as the learned counsel representing the respondents including the insurer and have carefully perused the record.3. The facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass: Radheshyam Rathore, who was holding the post of Assistant Director, Agriculture, travelling from Ghatigaon to Gwalior in a motor vehicle Gypsy registration No. MP-07-A 6996 met with an accident caused by bus No. CIW 7262, which was travelling towards Ghatigaon and received the fatal injuries which ultimately resulted in his death on 21.12.1991.4. The present appellants, who are wife, sons ...
Vidyudeep Vs. Smt. Subhadrabai
Court: Madhya Pradesh
Decided on: Oct-26-1998
Reported in: II(2000)DMC387
A.K. Mathur, C.J. 1. This is the First Appeal directed against judgment and decree dated 8th November, 1994, passed by IVth Additional Judge to the Court of District Judge, Sagar in Civil Suit No. 7A of 1991.2. Facts giving rise to this appeal are that the plaintiff Smt. Subhadra Bai filed the present suit against the defendant Smt. Vidya Devi, wife of deceased Chhidamilal Sukhad, her son Vidyudeep, State of M.P. and the Superintendent of Police, Sagar praying that the succession certificate granted in favour of defendants Smt. Vidya Devi and her son Vidyudeep in the Civil Suit No. 33 of 1989 judgment dated 22nd January, 1990 may be declared as null and void as the plaintiff is the lawfully wedded wife of deceased Chhidamilal Sukhad and she is entitled to all post retrial benefits, i.e. the sum ofRs. 10,000/- of widow fund, G.I.F. in the sum of Rs. 50,000.00, gratuity in' the sum of Rs. 37,760.00, leave encashment amount of Rs. 5,496.00, ex-gratia amount in the sum of Rs. 14,300.00 and...
Mohammad Jameel Khan and ors. Vs. Miththu Lal and ors.
Court: Madhya Pradesh
Decided on: Oct-13-1998
Reported in: AIR1999MP70; 1999(1)MPLJ37
ORDER1. This revision petition has arisen out of an order dated 23-7-1997 passed by Second Civil Judge Class-II, Vidisha. 2. The facts leading to the petition in short are that plaintiff-respondent No. I Miththu Lal filed a suit for declaration and injunction alleging that he was the resident of village Basuriya, Tehsil Gyaraspur, Distt. Vidisha and was aged 85 years. He had no son. He had two daughters. He kept his younger daughter Kranti Bai and son-in-law Mahendra Singh at his house for looking after his cultivation on account of his old age. They lived there for 15-16 years. He had certain lands detailed in para 2 of the plaint. His son-in-law Mahendra Singh was living with him. His son-in,-law started quarrelling and had also beaten him for sometime. There was an enmity going on. Hence it was difficult for him to livc in the village. Defendant No. I started helping him. Defendants 2 to 8 were friends of defendant No. 1. He had faith on them. He had kept Bhu-Adhikar Pustika with de...
Anil Kumar Satish Kumar Nahta Vs. Inspecting Assistant Commissioner of ...
Court: Madhya Pradesh
Decided on: Oct-13-1998
Reported in: [2000]242ITR238(MP)
S.K. Kulshrestha, J. 1. This petition challenges the notice annexure F-2 issued under Section 148 of the Income-tax Act, 1961, and seeks an order that the proceedings under Section 147/148for the assessment year 1981-82 be declared illegal, void and without jurisdiction.2. The petitioner-firm carries on the business of silver and silver ornaments at Seoni. For the assessment year 1981-82, relevant to the accounting year ending on Diwali, 1980, the petitioner filed a return of income of Rs. 54,000 and an assessment was made on a total income of Rs. 55,730 vide order dated October 7, 1987, in accordance with the provisions of Section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').3. The original petitioner-firm consisted of three partners, viz., Santosh Chand, son of Labhchand Nahata, Prakash Chand Nahata, son of Indra-chand Nahta, and Ajay Kumar, son of Pukhraj Nahata. On November 7, 1980, the last date of the accounting year ending on Diwali, 1980, Santosh Ch...
Anil Kumar Satish Kumar Nahta Vs. Inspecting Assistant Commissioner of ...
Court: Madhya Pradesh
Decided on: Oct-13-1998
Reported in: (1999)152CTR(MP)516
ORDERS.K. KULSHRESTHA, J.This petition challenges the notice Annexure F.2 issued under s. 148 of the IT Act, 1961, and seeks an order that the proceedings under s. 147/148 for the asst. yr. 1981-82 be declared illegal, void and without jurisdiction.2. The petitioner-firm carries on the business of silver and silver ornaments at Seoni. For the asst. yr. 1981-82, relevant to the accounting year ending on Diwali, 1980, the petitioner filed a return of income of Rs. 54,000 and an assessment was made on a total income of Rs. 55,730 vide order dt. 7th Oct., 1987, in accordance with the provisions of s. 143(3) of the IT Act, 1961 (hereinafter referred to as 'the Act').3. The original petitioner-firm consisted of three partners viz., Santosh Chand, son of Labhchand Nahata, Prakash Chand Nahata, son of Indrachand Nahata and Ajay Kumar, son of Pukhraj Nahata. On 7th Nov., 1980, the last date of the accounting year ending on Diwali, 1980, Santosh Chand retired from the firm and the petitioner fir...
New India Insurance Co. Ltd. and anr. Vs. Prakash NaraIn Agnihotri and ...
Court: Madhya Pradesh
Decided on: Oct-09-1998
Reported in: 1999ACJ897; AIR1999MP53; 1999(2)MPLJ217
Khan, J.1. This appeal raises an interesting issue viz. :--'Whether amending Motor Vehicle Act 54 of 1994 adding Section 163-A to the Act effective from 14-11-1994 was attracted to the claim case of respondents' referable to Motor Accident occurred two months or so earlier on 14-11-1994. In other words whether the amending Act could be given deemed retrospectiveeffects in the facts and circumstances of the case.'2. One 16 years old Mamta riding on her vehicle was hit by the offending Bus on 16-9-1994, she sustained injuries and ultimately succumbed on 25-09-1994. Her claimants filed claim case No. 102/94 and M.A.O.T., Dhar, awarded them Rs. 1,80,300/- with 12% interest, after assuming the income of the deceased to be Rs. 15,000/- p.a. in accordance with second schedule framed under Section 163-A brought in force on 14-11-1994.3. Appellants contend that Tribunal could not have resorted to schedule prepared under Section 163-A, which had come into force two months after the accident, to ...
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