Madhya Pradesh Court March 1998 Judgments
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Dinesh Chandra and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1998
Reported in: [2000]241ITR780(MP)
N.K. Jain, J. 1. By this application under Section 482 of the Criminal Procedure Code, 1973, the applicants seek quashment of the seizure of certain cash amount and primary silver, made under Section 102 of the Criminal Procedure Code, by the Police, Industrial Area, Ratlam, as also the subsequent handing over of the seized property to the Income-tax Department under Sections 132 and 132A of the Income-tax Act (for short 'the Act').2. On May 3, 1994, Station House Officer, P. S. Industrial Area, Ratlam, intercepted applicants Nos. 2 to 4, namely, Kalyansingh, Ashok and Vish-wanath, near Sailana and recovered 15 kgs. of silver and cash amount of Rs. 8 lakhs from their possession. The enquiries revealed that the seized property belonged to applicant No. 1, Dineshchandra Dave, a businessman of Indore dealing in silver and gold. He is also an assessee under the Income-tax Act. He made an application to the CJM, Ratlam, for return of the seized property on supurdgi. His application was reje...
M.P. State Co-operative Marketing Federation Vs. Employees' State Insu ...
Court: Madhya Pradesh
Decided on: Mar-04-1998
Reported in: [1998(79)FLR735]; (1999)IIILLJ322MP
D.P.S. Chauhan, J. 1. Cause list revised. Counsel for the respondent not present. 2. The service on the respondent, as is pointed out, has been effected but no one has appeared to represent the respondent and no return has been filed. The case is posted for final hearing. 3. Heard the learned counsel for the petitioner Shri Abhay Sapre and Shri Neeraj Vegar. In the petition, the petitioner has prayed for issuance of a writ in the nature of certiorari, quashing the impugned notice dated April 30, 1990 (Annexure P-2) and also the order dated May 15, 1990 (AnnexureP-3). 4. The brief facts of the case, confined to the controversy are that:-- The petitioner is a State Co-operative Marketing Federation Limited, registered under the Madhya Pradesh Co-operative Societies Act, 1960. The dispute was as to whether the provisions of the Employees' State Insurance Act, 1948 (for brevity, hereinafter referred to as the Act) could be made applicable to the co-operative society, as the said Act applie...
Keshav Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-04-1998
Reported in: I(1999)DMC243
A.K. Mathur, C.J.1. This is an appeal directed against the judgment dated 1.2.1991 passed by the learned VIIth Additional Sessions Judge, Bhopal, in S.T. No. 119/89, whereby the learned Additional Sessions Judge has convicted the appellant under Section 302 of IPC for life imprisonment.2. The brief facts giving rise to this appeal are that on 3.1.1989, the deceased Bharti was living with the accused in the House No. T-21 situated at Tajmahal, Bhopal. On the fateful day at about 5.30 p.m., it is alleged that the accused poured kerosene oil on his wife Bharti and ablazed his wife. As a result of this fire, the entire body of the deceased was burned. She was immediately taken to hospital and at about 8.45 p.m. Naib Tahsildar/Executive Magistrate K.L. Indani (PW 6) recorded the dying declaration of the deceased Bharti. On 3.1.1989 on the basis of the information given by the neighbour of the accused Murli, Ramdev Yadav, A.S.I. (PW 11) went to the Hamidia Hospital. It is alleged that on the...
Lakhan Singh Rati Ram Yadav Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1998
Reported in: 1998(1)MPLJ682
ORDERTej Shankar, J.1. The petitioner is admittedly an Elected Sarpanch of Gram Panchayat Aabas, Tehsil Karera, District Shivpuri (M.P.). On 4-2-1998 some members of the Gram Panchayat, Aabas submitted a notice for calling a meeting of no confidence against him. The competent Authority on being satisfied fixed 19-2-1998 as the date for meeting which has been annexed as Annexure P-2. The respondent No. 3 was appointed as Presiding Officer to preside over the meeting of no-confidence. But before the date fixed he adjourned the meeting for 5-3-1998 illegally and against the provisions of law. The petitioner, therefore, challenged the order Annexure P-1 dated 19-2-1998 and also prayed for a direction to the respondents not to conduct the meeting of no-confidence against him for the further period of one year.2. The contention raised by the learned counsel for the petitioner is that under Rule 3 of the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janapad Panchayat...
Dinesh Chandra and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1998
Reported in: (1998)149CTR(MP)38
ORDERN.K. Jain, J.By this application under section 482 of Criminal Procedure Code the applicants seek quashment of the seizure of certain cash amount and primary silver, made under section 102 of Criminal Procedure Code by the Police, Industrial Area, Ratlam, as also the subsequent handing over of the seized property to the Income Tax department under sections 132 and 132A of the income-tax Act (hereinafter reffered to as 'the Act').2. On 3-5-1994, Station House Officer, P.S. Industrial Area, Ratlam, intercepted the applicants Nos. 2 to 4 namely, Kalyan Singh, Ashok and Vishwanath near Sailana and recovered 15 kgs. of silver and cash amount of Rs. 8 lakh from their possession. Enquiries revealed that the seized property belonged to applicant No. 1 Dinesh Chandra Dave, a businessman of Indore dealing in silver and gold. He is also an assessee under the Income Tax Act. He made an application to the Chief Judicial Magistrate, Ratlam, for return of the seized property on supurdgi. His app...
Kusumchand Sharadchand and anr. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Mar-02-1998
Reported in: [1999]236ITR586(MP)
N.K. Jain, J.1. This revision under Section 397/401, of the Criminal Procedure Code, is directed against the judgment dated November 12, 1997, passed by the Sixth Addl. Sessions Judge, Indore, in Cr. Appeal No. 406 of 1996 setting aside the conviction and sentence recorded by the A. C. J. M. Indore, in Criminal Case No. 21 of 1986 and remanding the case back to the trial magistrate for decision afresh.2. The petitioners were convicted by the trial magistrate on the charges under 276C, 277 and 278B of the Income-tax Act, 1961, and sentenced to various sentences. The appellate court below us, however, found that all the aforesaid sections have been inserted in the Act of 1961 by Amendment Act of 1975, with effect from October 1, 1975, and since the offences alleged against the petitioners were prior to October 1, 1975, their conviction for the said offences was contrary to law. With this finding, the appellate court below has remanded the case back to the trial magistrate for decision af...
United India Insurance Co. Ltd. Vs. ShamsuddIn and ors.
Court: Madhya Pradesh
Decided on: Mar-02-1998
Reported in: 1999ACJ838
S.K. Dubey, J.1. United India Insurance Co. Ltd. has filed this appeal aggrieved of the award dated 20.4.1989 passed in M.V. Case No. 56 of 1985 by Motor Accidents Claims Tribunal, Seoni.2. The manner and circumstances in which the accident occurred on 31.3.1985 on Nagpur-Jabalpur road by use of truck bearing registration No. MPA 5181 driven by respondent No. 3, Abid Khan, which hit Mangal Prasad who was going on his Luna, causing severe injuries, resulting in his death are not in dispute. It is also not in dispute that the truck was insured with the appellant of which the insured was the registered owner, the respondent No. 2, who gave its possession to respondent Nos. 1 and 4, under an agreement of sale.3. The Tribunal, on the evidence adduced, held that accident occurred due to sole negligence of the truck driver, hence awarded compensation of Rs. 96,300 with interest thereon at the rate of 12 per cent per annum from the date of application, that is, 11.9.1985 till realisation to th...
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