Madhya Pradesh Court April 1998 Judgments
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Arjun Sharma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-22-1998
Reported in: I(1999)DMC323
Rajeev Gupta, J.1. Appellant Arjun Sharma has preferred this appeal against his conviction under Section 302 of the Indian Penal Code, with sentence of imprisonment for life recorded by 1st Additional Sessions Judge, Ambikapur (Surguja), vide judgment dated 14.3.1988, passed in Sessions Trial No. 147/84.2. The prosecution case, in short, is that Radha Bai (since deceased) was the 'legally wedded wife' of accused Arjun Sharma, and used to reside with him in his house. Accused Arjun Sharma was in the habit of consuming liquor frequently, and under its influence used to assault his wife Radha Bai very often. On 16.3.1984, accused Arjun Singh strangulated his wife Radha Bai to death and thereafter raised hue and cry that his wife has committed suicide, by hanging herself. On postmortem examination, one incised wound on the forehead and multiple abrasions on the face were found on the body of deceased Radha Bai. Ligature marks and abrasions were also found on her neck. In the opinion of the...
Smt. Chandbi and ors. Vs. Mohd. Hanif
Court: Madhya Pradesh
Decided on: Apr-22-1998
Reported in: II(1999)DMC551
N.K. Jain, J.1. The order impugned is passed in revision by the XIIth Addl. Sessions Judge, Indore, setting aside the order of the Magistrate directing recovery of the amount of maintenance which has accrued due subsequent to the filing of the application under Section 125(3), Criminal Procedure Code. The learned A.S.J. has held that for the recovery of any amount that may fall due during the pendency of an application under Section 125(3), the proviso to Sub-section (3) providing for limitation shall be attracted and if such an application is not made within one year from the date on which the amount has fallen due, the application shall be barred by limitation.2. The point projected in this revision stands concluded by decision of this Court in Loonchand v. Hemkanta, 1986 (I) MPWN 144, wherein it is held :'Section 125 of the Code is designed to place the right to maintenance on the pedestal of a statutory right and thereby prevent destitution. It is in this background that the releva...
State of M.P. Vs. Smt. Sushila Bai Thakur
Court: Madhya Pradesh
Decided on: Apr-22-1998
Reported in: 2000ACJ1220; 1999(1)MPLJ597
ORDERS.K. Dubey, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated 23-7-1990 passed in Case No. 108/89(Fatal) by the Commissioner for Workmen's Compensation (Labour Court), Jabalpur.2. Facts giving rise to this appeal are thus :The deceased Ravibhan Singh Thakur was employed as Forest Guard in regular establishment under the Field Director, Project Tiger (Kanha) Mandla. On 15-3-1989 during the course of his employment the deceased found a 'cheetal' an antelope with white spots resembling a deer entangled in weeds of a water tank. The deceased tried to save the cheetal by removing weeds, but unfortunately he also got entangled in the weeds and met his untimely death. The State and its Field Director did not deposit the compensation before the Commissioner in accordance with the provisions of Chapter II of the Act within one month from the date it fell due. Hence the widow of the deceased filed an application und...
Ram Sewak and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-22-1998
Reported in: 1999CriLJ2844
R.P. Gupta, J.1. The appellants challenge their conviction for offence punishable under Section 302/34, I.P.C. in S.T. No. 67/82 vide judgment dated 24-2-86 of Addl. Sessions Judge, Shahdol. The trial Court has found that these accused, in pursuance of their common intention, committed murder of Vipin Shrivastava on 22-6-82 at about 9 p.m. in village Chachai in the area of P.S. Amlai Distt. Shahdol.2. Apart from these appellants there was a fourth accused Ramashraya on whom the charge was of instigating the other accused to commit this murder. He has been acquitted of that charge.3. The prosecution case was that the deceased and the accused were employees of M.P.E.B. at Chachai. The deceased was an activist of I.N.T.U.C. union and the accused were members of Janta Union. Both unions were formed by the employees of the M.P.E.B. The background of this murder was that Vipin agitated in a legal manner against the management on behalf of I.N.T.U.C. union for certain demands of the employees...
Chandra Mohan Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Apr-22-1998
Reported in: (1999)155CTR(MP)272
ORDERD.P.S. CHAUHAN, J.:The petitioner is an assessee assessed to income-tax under the provisions of the IT Act, 1961 (for brevity, hereinafter referred to as 'the Act')2. The petitioner, by means of this petition, has approached this Court seeking relief for insurance of a writ in the nature of mandarnus commanding the respondents i.e., Union of India, the CIT, Madhya Pradesh-II, Jabalpur, and the ITO, Headquarters (Admn.), ITO, Jabalpur, for making refund of Rs. 58,326.01 together with interest at the rate of 12 per cent p.a. in accordance with the provisions of s. 244 of the Act to the petitioner.3. The case of the petitioner is that for the asst. yr. 1982-83, he filed his return in time on 31st July, 1982, showing his taxable income as Rs. 1,17,468 and tax payable was shown at Rs. 58,326.01. The assessment was to be completed within the statutory period of two years as provided under s. 153(1)(a)(iii) of the Act and accordingly no assessment order was passed within the aforesaid pe...
Kuntibai Vs. Alakhram
Court: Madhya Pradesh
Decided on: Apr-21-1998
Reported in: I(1999)DMC660
V.K. Agrawal, J.1. This application under Section 482 of Criminal Procedure Code is directed against the order dated 29.1.1998, in Cr. Rev. No. 43/94, by 1st ASJ, Durg, affirming the order dated 20.1.1994 in Crl. Case No. 72/93, by Judicial Magistrate First Class, refusing to grant maintenance to the petitioner/wife.2. The petitioner/wife was married to the non-applicant/husband about 30 years prior to the filing of the application had four daughters from him, alleged that the non-applicant/husband has refused to maintain her for the last 12 years, and that she is unable to maintain herself, as she is a labourer. It was alleged by her that the non-applicant/husband had developed illicit relations with another woman, on account of which, he started misbehaving and torturing the petitioner/wife and turned her out from his home.3. The learned Judicial Magistrate First Class before whom application under Section 125, Criminal Procedure Code was filed, has found that there was no justificat...
BipIn Bhai Shankar Bhai Patel Vs. Murti Deo Radha Madhavlalji Geda Tru ...
Court: Madhya Pradesh
Decided on: Apr-21-1998
Reported in: 1999(1)MPLJ133
ORDERS.K. Dubey, J.1. This second appeal has come up for hearing before us on a reference being made by C. K. Prasad, J. who was of the opinion that the substantial question of law required to be determined is a question of importance which reads thus:'Whether the respondents were entitled to claim exemption from the provisions of M.P. Accommodation Control Act, 1961 on the basis of notification, issued on 7-9-1989, by the State Government, exempting the appellant from operation of the section subject to the conditions mentioned therein?'2. Facts which are essential for determination of the question are thus : The respondent/plaintiff is a religious and charitable trust registered under M.P. Public Trusts Act, 1951 (for short 'the MPPT Act') which owns a Dharamshala, many houses and other properties. The houses are let out to the various tenants of the trust. The rental income derived from the houses and other buildings is exclusively used and applied for religious and charitable purpo...
State of M.P. Vs. Rakesh Kumar Gupta
Court: Madhya Pradesh
Decided on: Apr-21-1998
Reported in: 1998(2)MPLJ249
ORDERA.R. Tiwari, J.1. 'No Light', said Milton in Paradise Lost, 'but rather darkness visible'. But Courts, determined to secure harmony and spurn antinomy between law and justice, search 'light' in lexicon of law in a surge of an urge to say 'no darkness, but only light visible'. In such determination, resting on linchpin of epicerastic exercise, Courts bear in mind that 'law' has to enchisel 'flaw' and ensure 'flow' in doctrinal direction. After all, no one can have adroit in recourse to opposite course. This inbred intendment aptly takes us to the issue to be unknotted.2. The issue is manifest conflict in two decisions of equal vigour.3. One of us (Hon'ble Shukla, J.), sitting single, found while hearing this criminal revision presented by the State Under Section 397 of the Code of Criminal Procedure (For short the 'Code') against the order dated 24-7-19%, rendered by the Judicial Magistrate First class, Indore (Motor Vehicle Magistrate) in O.A. No. 11471/96, thereby directing relea...
Udhabdas Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-21-1998
Reported in: 1998(2)MPLJ429
ORDERN.K. Jain, J.1. Both the revision Nos. 82/92 and 83/92 have been heard analogously and are being disposed of by this common order as common question of law is involved in both the revisions.2. Food Inspector, Ujjain, has filed separate complaints against the applicants herein alleging commission of offence Under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short, the Act') for allegedly selling adulterated Ice. The learned trial Magistrate by his orders dated 10-4-1990 passed in Criminal Cases Nos. 3829/90 and 4042/90 discharged the Cri. Rev. Nos. 82 and 83 of 1992 decided on 21-4-1998. (Indore) applicants of the said charge holding that Ice is not 'Food' within the meaning of Clause (v) of Section 2 of the Act. However, in revision, the Additional Sessions Judge, Ujjain set aside the orders of the Magistrate and directed for framing of charge Under Section 7/16 of the Act against the applicants, who have therefore, come up in revision before this Court.3. Th...
Kuntibai W/O Alakhram Vs. Alakhram S/O Jaggulal
Court: Madhya Pradesh
Decided on: Apr-21-1998
Reported in: 1998(2)MPLJ635
V.K. Agrawal, J.This application Under Section 482 of Criminal Procedure Code is directed against the order dated 29-1-1998, in Cr. Rev. No. 43/94, by 1st A.S.J., Durg, affirming the order dated 20-1-1994 in Cri. Case No. 72/93, by Judicial Magistrate First Class, refusing to grant maintenance to the petitioner/wife.2. The petitioner/wife who was married to the non-applicant/husband about 30 years prior to the filing of the application had four daughters from him, alleged that the non-applicant/husband has refused to maintain her for the last 12 years, and that she is unable to maintain herself, as she is a labourer. It was alleged by her that the non-applicant/husband had developed illicit relations with another woman, on account of which, he started misbehaving and torturing the petitioner/wife and turned her out from his home.3. The learned Judicial Magistrate First Class before whom application Under Section 125, Criminal Procedure Code was filed, has found that there was no justif...
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