Madhya Pradesh Court December 1999 Judgments
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Mehboob Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-13-1999
Reported in: 2000(1)MPHT547
ORDERJ.G. Chitre, J.1. The petitioner is hereby assailing the correctness, propriety and legality of the order of conviction and sentence which has been passed by the J.M.F.C. Sarangpur in Cr. Case No. 682/88, wherein, the petitioner was convicted for an offence punishable under Section 16(1)(A)(i) read with Section 7(1) of Prevention of Food Adulteration Act, 1954 (for short 'the Act, 1954').2. The prosecution case in brief is that, on 18-5-1988 at about 8.15 A.M. or so, Food Inspector Rijwi was present at Sarangpur Bus Stand, where he saw the petitioner holding two cans containing milk. The Food Inspector Rijwi informed the petitioner that he intended to purchase the said milk for the purpose of sending it to Public Analyst for analysis and, thereafter, purchased 750 Ml. of milk by making necessary payment in money. The said milk was divided in 3 separate samples by collecting those samples in clean, dry glass jars and 20 drops of formalin were added in it. Those glass jars were, the...
Biharilal Thawait Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-13-1999
Reported in: 2000(2)MPHT84
ORDERDipak Misra, J.1. By this writ petition preferred under Article 226 of the Constitution of India the petitioner has prayed for issue of writ in the nature of mandamus commanding the respondent No. 1, M.P. Human Rights Commission, to supply the copy of entire inquiry report to him.2. On a perusal of the writ petition it appears that the petitioner was admitted to the 'Orthopadic Home' running by a Private Doctor Prakash Lodhikar who assured him that he would be completely alright within a period of three years. Operation of both the legs was done on 19-11-98 by the said doctor and thereafter the petitioner was suggested to do some exercise. He discharged from the said Orthopadic Home on 15-3-89. According to the petitioner the Doctor also advised him to do massage of his legs and not to bend his legs which he seriously followed. It is averred that the petitioner availed the treatment from time to time. On 2-2-95 the then Collector Shri Raut referred the petitioner to an another spe...
Sardar Machhi Singh Vs. Commissioner of Income-tax and anr.
Court: Madhya Pradesh
Decided on: Dec-10-1999
Reported in: (2000)164CTR(MP)220; [2000]245ITR58(MP)
Deepak Mishra, J. 1. By this writ petition, the petitioner had prayed forissue of a writ of certiorari for quashment of the order dated September 7,1999 (annexure P-7), and further to issue a writ of mandamus againstrespondent No. 1, Commissioner of Income-tax, to accept the declarationmade under Section 88(1) of the Kar Vivad Samadhan Scheme, 1998. It isaverred in the writ petition that the petitioner made a declaration onDecember 31, 1998, under the Wealth-tax Act, 1957. 2. The Commissioner of Income-tax, by order dated February 23, 1999, accepted the declaration and intimated the petitioner as contemplated under Section 90(1) of the Finance (No. 2) Act, 1998. Under the Kar Vivad Samadhan Scheme, 1998, the said authority determined the tax payable by the petitioner at Rs. 51,640. The petitioner was directed to make payment of the said amount within 30 days from the date of the certificate. The petitioner deposited the amount by three challans on March 27, 1999. An intimation to the e...
Shankerlal and ors. Vs. Smt. Pankunwar Bai and ors.
Court: Madhya Pradesh
Decided on: Dec-10-1999
Reported in: 2000(2)MPHT140; 2000(1)MPLJ473
S.P. Khare, J.1. This is defendants' second appeal under Section 100 C.P.C.. The following substantial questions of law were formulated by Order dated 3-7-1992 at the time of admission of this appeal:--(1) Whether on the basis of documents Ex. P-17 and Ex. P-18, the lower appellate Court was right in holding that the suit land was purchased by the appellants in the year 1940 from one Kunwarji, the predecessor-in-title and the father of respondent No. 1 by the alleged oral sale-deed.(2) Whether on the evidence brought on record the lower appellate Court was right in holding that the appellants were in possession of the suit land eversince the date of the alleged oral sale-deed and had perfected their title by adverse possession.2. The facts relevant for the decision of the questions referred above are that Kunwarji was Khatedar of 25.60 acres of land of Khasra Nos. 524, 528, 529, 530, 531, 532, 533, 534, 535, 539, 540, 541, 543, 544 and 546 of village Badodia Gadri, Tehsil Ashta, Distri...
Smt. Surbhi Agrawal Vs. Sanjay Agrawal
Court: Madhya Pradesh
Decided on: Dec-09-1999
Reported in: AIR2000MP139; I(2000)DMC453; 2000(1)MPLJ575
S.P. Srivastava, J. 1. This letters patent appeal preferred by the wife is directed against the decree passed by the learned single Judge, whereunder dismissing her first appeal filed under the provisions of the Hindu Marriage Act, the decree of the trial Court allowing the counter-claim of the husband/defendant for dissolution of marriage of the appellant and dismissing her suit for Judicial separation and for recovery of some of the articles but accepting her claim for the grant of maintenance subject to certain conditions, was upheld.2. In the present appeal, the appellant has prayed for the allowing of the appeal and setting aside of the decree passed by the learned single Judge confirming the judgment and decree of the trial Court and has prayed for a decree for judicial separation.3. However, during the pendency of the appeal, the appellant filed an application being I.A. No. 5858/99 on 26-7-1999, wherein she has prayed that the words 'and decree for judicial separation may kindl...
Shakur Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-09-1999
Reported in: 2000(1)MPHT507
ORDERMaithli Sharan, J.1. In Misc. Criminal Case No. 3003/99 applicant by Shri Brijesh Sharma, Advocate, in 3072/99 applicant by Shri Pradeep Katare, Advocate and in 2986/99 applicant by Shri Y.K. Pathak Advocate.2. State by Shri P.S. Chouhan, Panel Lawyer.3. These miscellaneous criminal cases are being disposed of by this common order as the point involved is the same in all these three cases.4. The accused applicant has been arrested for the offences registered under Sections 34 and 49-A of the M.P. Excise Act, 1915 (hereinafter referred to as the 'Act') for keeping in his possession liquor, denatured spirit meant for human consumption. After completing investigation in the case, charge-sheet has been filed in the Court of the concerned Magistrate.5. I heard learned counsel for the petitioner and the learned Panel Lawyer for the State who has vehemently opposed this application, mainly on the basis of the provisions engrafted under Section 49-B of the Act. For the sake of convenience...
Lakhan Singh Kushwah Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-09-1999
Reported in: 2000CriLJ1943
ORDERMaithli Sahran, J.1. In Misc. Criminal Case No. 3003/99 applicant by Shri Brijesh Sharma, Advocate, in 3072/99 applicant by Shri Pradeep Katare, Advocate and in 2986/99 applicant by Shri Y.K. Pathak Advocate.2. State by Shri P.S. Chouhan, panel lawyer.3. These misc. criminal cases are being disposed of by this common order as the point involved is the same in all these three cases.4. The accused applicant has been arrested for the offences registered under Sections 34 and 49-A of the M.P. Excise Act, 1915 (hereinafter referred to as the 'Act') for keeping in his possession liquor, denatured spirit meant for human consumption. After completing investigation in the case, chargesheet has been filed in the Court of the concerned Magistrate.5. I heard learned counsel for the petitioner and the learned panel lawyer for the State who has vehemently oppossed this application, mainly on the basis of the provisions engrafted under Section 49-B of the Act. For the sake of convenience it woul...
Asfak Mohammad Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-09-1999
Reported in: 2000(2)MPHT80
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner has prayed for issue of a writ in the nature of certiorari for quashment of the impugned Order dated 24-04-99 contained in Annexure P-2 whereby the respondent No. 3 has been nominated as the President of Municipal Council, Sehore by the State Government.2. The facts as have been uncurtained are that the respondent No. 3 and one Jaspal Singh Arora contested the election for the post of President of the Municipal Council and in the said election Jaspal Singh Arora was elected. His election was challenged in the writ petition forming the subject-matter of W.P. No. 1553/96 but the same was dismissed on the ground that the election could be assailed by way of an election dispute. After the dismissal of the writ petition Jaspal Singh Arora continued as the President of the Municipal Council but, eventually, was removed by the State Government under Secti...
Ajay Chandrakar and ors. Vs. Smt. Ushabai
Court: Madhya Pradesh
Decided on: Dec-08-1999
Reported in: 2000(2)MPHT168; 2000(2)MPLJ112
S.P. Khare, J.1. This is defendants' second appeal under Section 100 C.P.C.. The following substantial questions of law were formulated by order dated 7-8-1991 at the time of admission of this appeal :--(1) Whether the lower appellate Court was right in recording a finding that the second marriage of appellant No. 1 with appellant No. 4 was proved for the reasons recorded by it in paragraph 14 of the impugned judgment.(2) Whether the lower appellate Court was right in holding that the suit of the present nature was maintainable.2. The facts relevant for the decision of the questions referred above are that plaintiff Smt. Ushabai married to defendant No. 1 Ajay Chandrakar on 17-5-1986. There is a concurrent finding of fact of the trial Court and the first appellate Court that this marriage still subsists and there has been no dissolution of this marriage according to caste-custom. This finding is based on proper appreciation of evidence on record.3. The plaintiffs case is that her husba...
Rambilas and ors. Vs. Jagatram
Court: Madhya Pradesh
Decided on: Dec-07-1999
Reported in: 2000(3)MPHT11; 2000(2)MPLJ170
S.P. Khare, J.1. This is plaintiffs' second appeal under Section 100, C.P.C.. The following substantial question of law was formulated at the time of admission of this appeal by order dated 13-11-1991 :--'Whether in view of the finding that the land on which the disputed house is situate belongs to the appellant, Courts below were justified in rejecting his claim for possession.'2. Amal Sai was the original plaintiff. Defendant Jagatram is his brother. Amal Sai had purchased land-- Khasra No. 513 area 1.323 Hectares of village Beldagi, Tehsil Ambikapur, District Sarguja by registered sale-deed dated 3-5-1962. There is a concurrent finding of fact of the trial Court and the first appellate Court that the house in dispute was constructed by defendant Jagatram on a small portion of the land with the consent of his brother Amal Sai. It has also been held that the defendant is in possession of that house since the year 1964. The suit for possession was filed by the plaintiff in the year 198...
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