Madhya Pradesh Court May 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Vijay Singh and ors. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: May-10-1999
Reported in: 2000CriLJ650; 2000(1)MPHT183
R.P. Gupta, J.1. This appeal is directed against the judgment dated 22-6-1995 in Session Trial No. 123/91 passed by VIth Additional Sessions Judge, Jabalpur. The appellants are two of the five accused who were tried. Manohar Singh appellant has been convicted under Section 302 I.P.C. and Section 27 of the Arms Act and has been sentenced to life imprisonment and imprisonment for 3 months respectively. Vijaysingh appellant has been convicted under Section 302/34 I.P.C. and Section 27 of the Arms Act. He has also been sentenced to life imprisonment and imprisonment for 3 months for the respective offences. Three other accused persons; Lakhan Rajoriya, Shobharam Patel and Shiv Kumar were acquitted. All the accused including the appellants were acquitted of the charges under Sections 147 and 148 I.P.C..2. The incident had occurred on 18-1-1989 at 2 p.m. in village Rimjha. In this incident on the instigation of Vijaysingh appellant, his son Manoharsingh fired a shot at Kailash with a gun whi...
Sham Kunwar and ors. Vs. Kamal Singh and anr.
Court: Madhya Pradesh
Decided on: May-10-1999
Reported in: 2001ACJ981
Shambhoo Singh, J. 1. The claimants have filed this appeal against the award dated 25.3.98 passed by II Member, Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 199 of 1997 whereby they were awarded compensation of Rs. 1,81,000.2. The claimants' case is that on 16.12.95 the deceased Tanwarsingh, husband of the appellant No. 1 and father of appellant Nos. 2 to 4, was going on his motor cycle on Mhow-Neemuch Road. Near starch factory, the respondent No. 1 came from opposite direction driving his tractor No. MP-14-B-9439 with trolley No. MP-14-G-3878 insured with respondent No. 2, in rash and negligent manner and dashed against the motor cycle, as a result of which Tanwarsingh died on the spot. The appellants claimed compensation of Rs. 15,75,000. The respondents resisted the claim. Respondent No. 2, insurance company, inter alia, pleaded that the respondent No. 1 had no valid driving licence for driving the tractor and as such the owner committed breach of the terms and condit...
Shakun Bai Wd/O Somnath Kushram and ors. Vs. Siya Bai Wd/O Somnath and ...
Court: Madhya Pradesh
Decided on: May-07-1999
Reported in: 1999(2)MPLJ307
ORDERR.P. Gupta, J.1. This appeal is directed under Section 384 of Indian Succession Act, 1925 (hereinafter called 'the Act') against the order dated 31-1-1997 of Additional District Judge, Dindori, District Mandla, passed on a petition under Section 372 of the Act, directing issue of succession certificate of late Somnath in favour of respondents 1 to 3, in their capacity as his widow/daughter and son respectively to the extent of l/3rd share each. The petition claiming succession certificate moved by the appellants and respondent No. 4 was dismissed. The appellants and respondent No. 4 had claimed as widow and daughters and son of the late Shri Somnath Gond. Respondents 1 to 3 had also claimed in the same capacity. The respondents 1 to 3 succeeded. Some service benefits were payable to the heirs of the deceased Somnath. The appellants claimed that they belong to Gond tribe who follow custom of polygamy and there was also custom of marriage by wearing bangles (Chudi system) by the lad...
Shiv Narayan and anr. Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: May-06-1999
Reported in: AIR1999MP246
A.K. Mathur, C.J.1. The petitioners have by this petition raised a very interesting question whether the legal profession is a commercial activity or it is a trade or business. Before we attempt to answer this question, it would be relevant to dilate few facts.Petitioner No. 2 G. D. Padrah is an Advocate and the petitioner No. 1 Shiv Narayan is landlord of the House No. 403 Gol Bazar, Jabalpur. Petitioner No. 2 G. D. Padrah, Advocate lives at first floor as a tenant. The petitioner No. 2 occupied the upper floor premises up to 1981 and was living in the said house and also maintained his office as an Advocate. Thereafter he shifted in his own house but maintained his office in the said tenanted premises. There is an electric service line in that house and it is in the name of the petitioner No. 1 and he is paying the domestic charges. On 17-1-1986, some officer of the MPEB (M.P. Electricity Board) inspected the service meter and served a notice to the petitioner No. 1 that he is using ...
Dinesh Gurjar Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: May-05-1999
Reported in: 1999(2)MPLJ649
ORDERA.K. Mathur, C.J.1. This is a Letters Patent Appeal directed against judgment dated 22-1-1999 passed by the learned single Judge in W. P. No. 2495 of 1998, whereby the petition filed by the appellant has been dismissed.2. In order to dispose of this appeal, it is relevant to mention a few facts of the case. The appellant/petitioner filed writ petition under Article 226 of the Constitution of India and prayed for a writ of mandamus restraining the respondents 2 and 3 in creating hindrance in sale of lottery tickets of the Royal Government of Bhutan in the State of Madhya Pradesh. The petitioner/appellant is the Manager of M/s Surya Enterprises, which is the distributors of lotteries of Royal Government of Bhutan. It is alleged that an agreement was entered into between the Government of India and the Government of Bhutan on 29-2-1995 on Trade and Commerce between the Royal Government of Bhutan and the Government of Republic of India. Article-I of the agreement contemplates free tra...
Gujarat Ambuja Cement and ors. Etc. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: May-04-1999
Reported in: AIR2000MP194; 2000(2)MPHT112
Dipak Misra, J. 1. Coal is sometimes called black diamond, of course, contextu-ally. Euphemistically it is also called 'Dark Diamond'. Archeological evidence indicates that coal was burnt in funeral pyres during the Bronz Age (3000-4000). Great philosopher and thinker Aristotle refers to coal in his book 'Mateorology'. In the modern context the term 'coal' has gained immense significance and importance as far as industrial world is concerned. Classification is sometimes viewed as a controversy in perpetuity for some reason or the other. It creates a stir in the atmosphere and gathers momentum to knock at the doors of justice for proper estimation. The authorities deal with the coal as their monopoly by prescribing grades and fixing the rates as they feel just but the dissatisfaction among the consumers arises because they feel that injury has been caused to justice which requires to be remedied by the Courts.2. The moot question that arises for consideration in this batch of writ appli...
Kanhaiyalal Deepchand JaIn and ors. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: May-04-1999
Reported in: [2000]241ITR323(MP); 1999(2)MPLJ19
S.B. Sakrikar, J.1. The unsuccessful petitioners (accused) have filed this petition under Section 482 of the Criminal Procedure Code, for quashing of the proceedings of Criminal Case No. 10 of 1986 of the court of the ACJM (Economic Offences), Indore.2. Briefly stated the facts of the case are that the non-applicant, Income-tax Officer, 'A' Ward, Khandwa, filed a complaint in the Court of Additional Chief Judicial Magistrate (Economic Offences), Indore, against the petitioners and the deceased partners of the firm, Kanhaiyalal Deepchand Jain, alleging commission of an offence punishable under Section 276E/ 278B of the Income-tax Act, 1961. It is alleged that during the course of assessment proceedings for the year 1983-84 of applicant No. 1, the asses-see-firm, it was found that the firm repaid the loan amount in cash, i.e., otherwise than by account payee cheques or the draft, respectively, to Smt. Basanti Bai wife of Kanhaiyalal ; Rajeshkumar Roopchand, Rs. 1,000 and Rs. 10,200 when ...
Kanhaiyalal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-04-1999
Reported in: (1999)156CTR(MP)261
ORDERS. B. Sakrikar, J.The unsuccessful petitioners (accused) have filed this petition under section 482 CrPC for quashing of the proceedings of Criminal Case No. 10/86 of the Court of ACJM (Economic Offences), Indore.2. Briefly stated the facts of the case are that the non-applicant, Income Tax Officer 'A' Ward, Khandwa, filed a complaint in the Court of Additional Chief Judicial Magistrate, (Economic Offences), Indore, against the petitioners and deceased partners of the firm M/s Kanhaiyalal Deepchand Jain alleging commission of offence punishable under section 276E/278B of the Income Tax Act, 1961. It is alleged that during the course of assessment proceedings for the year 1983-84 of the applicant No. 1, assessee-firm, it was found that the firm repaid the loan amount in cash i.e., otherwise that A/c Payee cheques or the draft, respectively, to Smt. Basanti Bai W/o Kanhaiyalal; Rajeshkumar Roopchand Rs. 1,000 and Rs. 10,200 when the balance in their account was exceeding Rs. 10,000....
Padmabai and ors. Vs. Madhya Pradesh State Road Trans. Corpn. and anr.
Court: Madhya Pradesh
Decided on: May-04-1999
Reported in: II(1999)ACC281; 2001ACJ785
Shambhoo Singh, J. 1. This appeal has been filed by the claimants against the award dated 28.4.94 passed by Additional Motor Accidents Claims Tribunal, Mandleshwar (West Nimar) in Claim Case No. 55 of 1992 whereby compensation of Rs. 25,000 was awarded to the appellants.2. The facts of the case, in brief, are that on 21.4.1991 respondent No. 2 was driving bus No. MP-09-4007, belonging to respondent No. 1 and was going to Balsamund Radheshyam, 'A' class contractor, son of appellant No. 1 and brother of appellant Nos. 2 and 3, was coming from opposite side on his motor cycle. There was accident, as a result of which Radheshyam died. The case of the appellants was that the respondent No. 2 drove the bus in rash and negligent manner and caused the accident and as a result of which the deceased died. The appellants filed Claim Case No. 55 of 1992 seeking compensation of Rs. 2,00,000. The respondents resisted the claim and averred that the deceased was driving his motor cycle in rash and neg...
Wilson Siril and anr. Vs. Rajendra Singh Chhabra and anr.
Court: Madhya Pradesh
Decided on: May-03-1999
Reported in: 2000ACJ1203
S.C. Pandey, J. 1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act') against the order dated 17.9.1998, passed by Motor Accidents Claims Tribunal, Jabalpur in M.V. Case No. 66 of 1998.2. The Claims Tribunal has refused to grant interim award to the appellants on the ground that the F.I.R. mentions the registration number of car as MP-20-5575, whereas during the investigation the police had found that the accident was caused by vehicle registered as MP-20-W-1386. In view of the discrepancies in the F.I.R. and the statements of the witnesses, the Claims Tribunal has declined to grant interim award because it was difficult for it to determine which was the vehicle responsible for the accident in question.3. In this appeal, it has been contended by learned counsel for the appellants that the person who lodged the F.I.R. was not a witness. His name was Shikhar Chand Bothara. On the other hand, two witnesses Sonu alias Akash, son of Shikhar Chand Both...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »