Madhya Pradesh Court March 1998 Judgments
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Kartar Kour and ors. Vs. Dayal Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-24-1998
Reported in: 1999ACJ699
S.K. Dubey, J.1. This is an appeal against the award dated 13.8.1991 passed in Motor Accident Claim Case No. 4 of 1990 by the Motor Accidents Claims Tribunal, Harda.2. The facts giving rise to this appeal are thus:The claimant (since deceased) aged 70 years, was going on his scooter on 22.9.1989 in the market of Harda town. At about 12.30, newly bought Swaraj tractor, driven by respondent No. 3, owned by respondent Nos. 1 and 2 and insured with respondent No. 4 hit the scooterist as a result of which he fell down and received multiple severe injuries. First information report was lodged at the police station, Harda. The investigating agency prepared the spot-map and sent the injured for medical examination. The driver of the tractor was arrested, who, later on, was released on bail. The tractor was seized which was also given on supuradnama after its mechanical examination to the owner. The injured was shifted to Hamidia Hospital, Bhopal, where he remained as an indoor patient from 23....
Mahesh Kumar Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-23-1998
Reported in: 1999(65)ECC391; 1999(111)ELT703(MP)
N.K. JAIN, J. 1. By this petition under Section 482 of the Criminal Procedure Code, the petitioner seeks quashment of the charge framed under Section 9 of the Central Excises and Salt Act, 1944 (for short, 'the Act'), by the A. C. J. M. (Economic Offences), Indore.2. The petitioner and his late father Shri Gunvantrai, at the relevant time, were partners of firm G. M. Jani, Kamptee Line, Rajnandgaon, dealing in manufacture of Ranvir Beedies. The Assistant Collector, Central Excise, Division Bhilai, filed a complaint against the petitioner, his late father Gunvantrai and some other employees of the firm alleging commission of offence under Section 9 of the Act. It was alleged that they have evaded payment of excise duty leviable on their product under the Act. The late Shri Gunvantrai has, however, died during the pendency of the trial. The court below after recording evidence before charge has on April 23, 1992, framed charge under Section 9 which is sought to be quashed by the applican...
New India Assurance Co. Ltd. Vs. Surinder Kaur and ors.
Court: Madhya Pradesh
Decided on: Mar-19-1998
Reported in: 2000ACJ1583
Shambhoo Singh, J.1. This order shall govern the disposal of M.A. No. 383 of 1994 filed by the claimants and M.A. No. 449 of 1994 filed by the non-applicant insurance company.2. The case of the claimants, in brief, is that on 21.11.1990 at 10.30 a.m. the deceased Bahadursingh, husband of claimant No. 1 and father of claimant Nos. 2 and 3, was going on his scooter No. CIM 269 to Mhow. The non-applicant No. 2, Sukh-devsingh was employee of non-applicant No. 1, the owner of the truck, came near Rajendra Nagar Police Station, Indore, driving truck No. MKM 2070 rashly and negligently and dashed against the scooter of the deceased from back side as a result of which the deceased fell down on the ground and died. The deceased was aged about 48 years and was Professor, Government Degree College at Mhow. He was getting Rs. 5,705 per month as salary. The claimants lodged a claim under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for award of Rs. 10,00,000 as compensation. Th...
Devesh Pratap Singh Vs. Srimati Sunita Singh
Court: Madhya Pradesh
Decided on: Mar-18-1998
Reported in: AIR1999MP174
D.M. Dharmadhikari, J.1. The appellant/husband petitioned for grant of a decree of divorce under the provisions of Hindu Marriage Act, 1955 (for short 'the Act') on the allegation that the respondent/wife gave birth to a female child as a result of her illicit sexual connection with a person outside the wed-lock. The learned trial Judge dismissed the petition of the husband on the ground that presumption of legitimacy of the child under Section 112 of the Evidence Act has not been satisfactorily rebutted by the husband by proof of non-access to the wife which could not have led to pregnancy and delivery of the wife.2. For deciding the appeal preferred by the husband, few undisputed facts may first be set out before discussing the legal submissions made by the counsel on behalf of the parties.3. The parties were married on 29-11-1985 at Panna. After the marriage, they lived in the house of the appellant at village Majan, district Sidhi. On 16-12-1985 the wife went to her parents at Pann...
Dr. Pankaj Kumar Bhoumik Vs. Bharat Refractories Ltd.
Court: Madhya Pradesh
Decided on: Mar-18-1998
Reported in: [1999(81)FLR625]; (1999)IIILLJ933MP
D.M. Dharmadhikari, J.1. The petitioner was employed on the post of Chief Research and Development Manager in Bharat Refractories Ltd. at Bhilai. On the basis of a disciplinary enquiry he was dismissed from service by order issued on December 5, 1994. Only two articles of charges, number 2 partly and number 4 fully was found proved against him. He preferred a departmental appeal to the Board of Directors which has also been dismissed on April 18, 1996.2. Shri R.K. Gupta, learned counsel appearing for the petitioner took me through the relevant findings on article of charges No. 2 and 4 from the enquiry report. Charge No. 2 was in substance that by disobeying the instructions of the higher authorities he did not make a random checking of quantity of bricks. The petitioner's defence was that being the Head of the Department of Quality Control, it was not his part of the duty to make a random checking of quantity and such an instruction issued to his department was objected to by him. The...
Harisingh Banshilal Yadav Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-16-1998
Reported in: 1998(2)MPLJ319
S.P. Khare, J.1. Appellant Hari Singh has been convicted Under Section 376 Indian Penal Code for committing rape on his step daughter aged about 13 years and sentenced to rigorous imprisonment for seven years.2. The prosecution case was that on 1-3-1996 Sarita (PW3) was sleeping with her mother Shantibai (PW2) in her house in Jehangirabad, Bhopal. At about 11.00 P.M. the accused awoke her and took her to his cot. He took out her salwar and committed rape on her. She resisted but the accused did not leave her. He gagged her mouth and threatened to kill her if she would shout. Next day, she lodged the report Ex.P-3 at Mahila Police Station. She was sent for medical examination. Dr. Abha Jindal (PW1) examined her and found her hymen torn on right lateral side. There was bruise around hymen and the area was inflammed. Her report is Ex.P.1. After investigation the charge sheet was filed. The accused pleaded not guilty. His defence was that he has been falsely implicated because he refused t...
Nirmal Udyog Vs. Commissioner of Income-tax and anr.
Court: Madhya Pradesh
Decided on: Mar-12-1998
Reported in: [1998]232ITR493(MP)
Deepak Verma, J. 1. The petitioner, by filing this petition under Article 226/227 of the Constitution of India, is challenging the correctness, propriety and validity of the orders passed by the Income-tax Officer, Khar-gone, for the assessment years 1978-79, 1979-80 and 1980-81, annexures D, E and F, respectively, and the revisional order, annexure-I, passed by the Commissioner of Income-tax, Bhopal.2. The brief facts material for deciding the said petition are mentioned hereinbelow :The petitioner is a partnership firm, duly registered under the Partnership Act, having Shri Keshrimal Jain, Vinod Kumar Jain, Majarimal Jain and Shri Sehaskaran Jain as its partners. Originally, it was a proprietorship concern having its registered office at Khargone, but, later on the same has been transferred to Barwaha, wherefrom the firm is presently carrying on its business.3. The petitioner is engaged in the business of manufacturing sagol, lime, clay and other allied items. The petitioner firm own...
Babbi @ Prashant Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-12-1998
Reported in: 1999(2)MPLJ606
ORDERR.P. Gupta, J.1. The parties counsel concede that the petition be disposed off finally at the present stage. The petitioner has felt aggrieved by the order dated 8-10-1997 of the trial Court, namely 2nd Additional Sessions Judge, Jabalpur whereby the trial Court declined permission to the Special Public Prosecutor Shri A. K. Soni, to participate in his capacity as a special Public Prosecutor in trial of Sessions Case No. 474/91. The appointment as special prosecutor had been made by the State on 11-8-1997 when most of the trial of the case had been completed, even the statement of the accused had already been recorded and the case was at the stage of defence evidence.2. The trial Court felt that it could adjudicate upon the propriety of appointment of special prosecutor. The trial Court felt that when in a particular case on a writ petition, this High Court had set aside the appointment of special prosecutor on the ground that the case was not a special case, the trial Court, in a...
Nirmal Udyog Vs. Commissioner of Income Tax and anr.
Court: Madhya Pradesh
Decided on: Mar-12-1998
Reported in: (1998)148CTR(MP)636
Deepak Verma J.The petitioner, by filing this petition under article 226/227 of the Constitution of India, is challenging the correctness, propriety and validity of the orders passed by the Income Tax Officer, Khargone, for the assessment years 1978-79, 1979-80 and 1980-81, annexures D, E and F, respectively, Annexure-I, passed by the Commissioner of Income Tax, Bhopal.2.The brief facts material for deciding the said petition are mentioned hereinbelow:The petition is a partnership firm, duly registered under the Partnership Act, having Shri Keshrimal Jain, Vinod Kumar Jain, Majarimal Jain and Shri Sehaskaran Jain as its partners. Originally, it was a proprietorship concern having its registered office at Khargone, but, later on the same has been transferred to Barwaha, wherefrom the firm is presently carrying on its business.3. The petitioner is engaged in the business of manufacturing sagol, lime, clay and other allied items. The petitioner firm owns a plant situated at Barwaha, where...
Life Insurance Corporation of India Vs. Ambika Prasad Pandey
Court: Madhya Pradesh
Decided on: Mar-11-1998
Reported in: AIR1999MP13
V.K. Agrawal, J. 1. This appeal is directed against the judgment and decree D/- 29-10-93 in Civil Suit No. 82-A/89 by VIIIth Additional District Judge, Jabalpur, whereby the claim of plaintiff/respondent for recovery of amount of Rs. 20,425/- of the policy of insurance of his deceased wife, as well as notice charges was allowed and his suit was decreed.2. The facts no longer in dispute are that, the plaintiff's wife Smt. Manwati Bai was insured by the appellant/defendant for a sum of Rupees 20,000/- on 15-10-1986 The premium thereof was to be paid @ Rs. 1,334/- annually. As against the said policy, two premiums had been paid to the appellant/defendant. Smt. Manwati Bai died pn 7-12-1987, i.e., after about one year and two months, after she was insured. The plaintiff/ respondent had given to the defendant/appellant information regarding death of his wife. He had thereafter also filled up the claim form and had also submitted necessary documents for payment of amount of insurance to him....
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