Madhya Pradesh Court February 1998 Judgments
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Deepchand S/O Laxminarayan and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-19-1998
Reported in: 1998(2)MPLJ670
ORDERN.K. Jain, J.1. The applicants are aggrieved by the Order dated 10-10-1996 passed by the Sessions Judge, Dhar in Cri. Misc. Case No. 200/96 transferring Sessions Trial No. 394/95 from 1st Additional Sessions Judge Dhar to the Special Judge, Dhar.2. The accused applicants are facing trial in the Sessions Court, Dhar on the charges Under Sections 306 and 498A of Indian Penal Code. The case was registered at S.T. No. 394/95 and made over for trial to the 1st Addl. Sessions Judge. However, at the fag end of the trial, when 9 prosecution witnesses were already examined, one Suresh Chandra, the father of the deceased on whose report the First Information Report in the case was registered, moved Transfer Application Under Section 408, Criminal Procedure Code before the Sessions Judge. Some personal allegations were made against the 1st Addl. Sessions Judge (Smt. Jaishree Verma, who now stands transferred to some other Sessions Division). The learned Sessions Judge by his order impugned, ...
Laxman Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-19-1998
Reported in: 1999CriLJ620
1. The appellant has been convicted by the II Addl. Sessions Judge, Bhopal vide judgment dated 26-11-88 for offence punishable under Section 302, IPC and sentenced to R.I. for life. He has been found guilty of committing murder of Roopsingh about 2 days before 12-7-87.2. The prosecution case against the appellant rests on circumstantial evidence only. The story is that on 8-7-87 the deceased and his wife went to Bhopal. They came across this accused in Bhopal. The deceased and accused took liquor there and in discussion amongst them it was decided that the deceased should purchase a buffalo. For this purchase they sold the silver ornaments (Kadis) of the wife of the deceased i.e. Sonabai for Rs. 3800/- to Chandramohan (PW 7). Since it became late for transport to the village of the deceased, three of them stayed at the house of the accused. Next morning the decease and his wife came to village Chopra. However it was decided between the deceased and the accused that the deceased would r...
Mohandas Suryavanshi Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-19-1998
Reported in: 1999CriLJ3451
S.P. Khare, J.1. Appellant-Mohandas Suryavanshi has been convicted under Sections 366 and 376 Indian Penal Code for kidnapping Chandeshwari (PW-4) from her lawful guardianship and committing rape on her and sentenced to rigorous imprisonment for five years and seven years respectively by the 1st Additional Sessions Judge, Ambikapur, in Sessions Trial No. 204 of 1985 by the judgment dated 11-1-1988.2. The prosecution case is that Chandeshwari (PW-4) aged about 14 years was a student of Class VIIIth in the Middle School, Chiranga and the accused was a teacher in that school. He developed infatuation towards her. On 10-4-1985 at 8. a.m. the accused came to her house with Hero Majestic Moped. He asked her to sit on the pillion seat of the moped and took her to Ambikapur. They stayed in a house where he had sexual intercourse with her three times. On 19-4-1985, he took her to his village Rampur and kept her in his house. There he had sexual intercourse with her several times. She was recove...
Umashankar Somani Industrial Textiles Vs. Union of India (Uoi) and ors ...
Court: Madhya Pradesh
Decided on: Feb-19-1998
Reported in: 1998(60)ECC509; 1998LC226(MP)
Shambhoo Singh, J.1. Appellant is resisting recovery of Central Excise Duty on the plea that it was not leviable under the relevant provisions of the Central Excise Act. He filed an appeal before the Commissioner (Appeals) and also prayed for exemption from the pre-deposit under Section 35F of the Act. His prayer was, however, rejected and dismissal of his appeal threatened. He felt aggrieved and filed W.P. No. 689/ 97 which was disposed of by order dated 15.12.97 requiring the Commissioner (Appeals) to hear his appeal on merits and yet leaving him free to recover the pre-deposit amount.2. Appellant has filed this appeal assailing the writ Court's order on the ground that it had granted an exemption on the one hand and taken it away from the other by ordering recovery.3. At this stage it came out that the Revenue had already detained some goods of the appellant in lieu of the due pre-deposit that was to be made under Section 35F of the Act. Upon this learned Standing Counsel for the Re...
Bhaiyalal Vs. Smt. Sudha
Court: Madhya Pradesh
Decided on: Feb-18-1998
Reported in: II(1998)DMC459
D.M. Dharmadhikari, J.1. The petition filed by the husband for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955, on the alleged ground of cruelty and desertion has been dismissed by the Matrimonial Court at Sagar by Judgment dated 30th September, 1984 against which this appeal has been preferred by the husband.2. The marriage took place between the parties on 10.3.1984 and a female child was born. The husband is in service as teacher and at the relevant time was posted in village Naryali, Sagar. The respondent-wife was serving in Aganbadi at Khurai. According to the husband's allegation the wife was treating the husband with cruelty by hurling abuses. She was insisting on him to live with her in her parents' house. According to the husband she deserted the matrimonial home in the year 1989 and never returned thereafter.3. The respondent-wife resisted divorce proceeding stating the husband has undergone an illicit bigamous marriage with one Meena and has also ...
Kumari Bai W/O Anand Ram Vs. Anandram Nathu Thakur
Court: Madhya Pradesh
Decided on: Feb-18-1998
Reported in: 1998(2)MPLJ584
ORDERR.P. Gupta, J.1. This revision petition is directed against order dated 13-3-1992 of Vth Addl. Sessions Judge, Raipur, passed in Cr. Rev. No. 241/88 whereby the learned A.S.J. accepted the revision filed by the husband (now respondent) against the order dated 4-7-1988 of J.M.F.C, Gariyaband in Cr. Case No. 148/85. The Magistrate had allowed the application of the wife (now petitioner) Under Section 125, Criminal Procedure Code against the husband granting maintenance @ Rs. 150/- p.m. to her. The maintenance was allowed from the date of application i.e. 31-10-1985.2. The petitioner claimed to be the married wife of the respondent. The marriage was performed according to the custom of Churi wearing prevalent in the Gond tribe about 12 years back and two sons were born to the parties. She lived with the husband for 5 years and then he turned her out of the matrimonial house and did not maintain her. He was also ill-treating her. He is possessed of 30 acres of agricultural land earnin...
Kumari Bai Vs. Anandram
Court: Madhya Pradesh
Decided on: Feb-18-1998
Reported in: 1998CriLJ4100
ORDERR.P. Gupta, J.1. This revision petition is directed against order dated 13-3-1992 of Vth Addl. Sessions Judge, Raipur, passed in Cr. Rev. No, 241/88 whereby the learned A.S.J. accepted the revision filed by the husband (now respondent) against the order dated 4-7-1988 of J.M.F.C, Gariyaband in Cr. Case No. 148/85. The Magistrate had allowed the application of the wife (now petitioner) under Section 125, Cr.P.C. against the husband granting maintenance @ Rs. 150/-p.m. to her. The maintenance was allowed from the date of application i.e. 31-10-1985.2. The petitioner claimed to be the married wife of the respondent. The marriage was performed according to the custom of 'Churi wearing' prevalent in the Gond tribe about 12 years back and two sons were born to the parties. She lived with the husband for 5 years and then he turned her out of the matrimonial house and did not maintain her. He was also ill-treating her. He is possessed of 30 acres of agricultural land earning Rs. 50000/- p...
State of Madhya Pradesh Vs. Phattu Gond and Guddo Bai
Court: Madhya Pradesh
Decided on: Feb-18-1998
Reported in: 1999CriLJ3892
Rajeev Gupta, J.1. 'TO BE HANGED BY NECK, TILL THEY ARE DEAD' is the trial court's verdict against the two accused persons, Phattu Gond and his wife Guddo Bai, which is the subject matter of Criminal Reference No. 7/97, made under Section 366, of the Code of Criminal Procedure, for confirmation of the death sentence; and, Criminal Appeal No. 2193/97 preferred by the two convicted accused persons against their conviction under Section 302, of the Indian Penal Code, with sentence of death recorded by Sessions Judge, Betul in Sessions Trial No. 25/97. This common judgment shall govern the disposal of both those matters i.e. Criminal Reference No. 7/97 and Criminal Appeal No. 2193/97.2. The details of the shocking incident of double murder i.e. of Vishnu and his son Ghammar, as unfolded in the charge-sheet, are that Vishnu (since deceased) and his two other brothers Kishan and Bishan used to reside with their family members separately in their respective houses situated in village Mondawa ...
Smt. Fulmati Bai and ors. Vs. Panchamsingh and ors.
Court: Madhya Pradesh
Decided on: Feb-17-1998
Reported in: II(1998)ACC651; 1999ACJ1283; AIR1998MP173; 1998(1)MPLJ339
A.K. Mathur, C.J. 1. This is a Misc. Appeal filed by the claimants against the order passed by the Motor Accidents Claims Tribunal in Claim Case No. 4/83, dated 25-5-89, whereby the Tribunal has awarded a sum of Rs. 15,000.00 as compensation to the claimants.2. Brief facts giving rise to this appeal are that on 9-11-82, an Ambassador Car bearing Registration No. M.P.K. 105, met with an accident by dashing against truck bearing Registration No. U.T.P. 6239, a little away from Goraghat near Dabra crossing. In that accident, deceased Aasharam died. Therefore, a claim petition was filed by his widow and dependent children. It is alleged that Aasharam, on 9-11-82, was driving the Ambassador car while going from Kami to Delhi. He was employed with Ishwar Mining Industries Pvt. Ltd. and one Kamtaprasad, an Officer of the Company, was also sitting in the car. In the afternoon, at 2.34 p.m., a little away from Goraghat, near Dabra crossing when the truck U.T.P. 6239 was coming from Gwalior and ...
Commissioner of Commercial Tax Vs. Dawar Brothers
Court: Madhya Pradesh
Decided on: Feb-17-1998
Reported in: [1998]111STC319(MP)
ORDERB.A. Khan, J.1. This order shall also govern the disposal of I.T.R. Nos. 7 of 1998, 5 of 1998, 8 of 1998 and 9 of 1998.Is Vicco Vajradanti tooth paste, powder and turmeric cream a medicine The issue arises in this application filed by the Revenue under Section 44(2) of the Madhya Pradesh General Sales Tax Act, 1958, requiring reference by the Board on the following question of law :'Whether, under the facts, and circumstances of the case, the Tribunal was justified in holding that Vicco Vajradanti (paste and powder) and Vicco Turmeric cream sold by the appellant was 'ayurvedic medicines' covered by the expression 'drugs and medicines' in entry No. 16 of Part IV of Schedule II to the Act liable to tax at the total rate of 5 per cent and not at 10.7 per cent and 14,45 per cent respectively ?'2. The assessee deals in hosiery articles, machinery goods and toilet and cosmetic articles. He imported Vicco Vajradanti (paste and powder) and Vicco turmeric cream and was assessed from Januar...
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