Madhya Pradesh Court July 1999 Judgments
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ishwar Singh S/O Daulat Singh Agrawal Vs. Ashok Kumar S/O Chandmal Ji ...
Court: Madhya Pradesh
Decided on: Jul-29-1999
Reported in: 2001ACJ1714; 1999(2)MPLJ598
Shambhoo Singh, J.1. This judgment shall govern the disposal of M.A. Nos. 297/98, Ishwarsingh v. Ashok Kumar and Ors. and 289/98, Ashok Kumar Garg v. Ishwarchand Agrawal and Ors. as they arise out of the award dated 23-9-1997 passed in claim case No. 42/94 by Additional Motor Accident Claims Tribunal, Mandsaur, whereby compensation of Rs. 1,51,761/- was awarded to the appellant-claimant (M.A.No. 297/98) against the appellants/non-applicants (M.A. No. 289/98) Ashok Kumar Garg and Babulal, the owner and the driver of Jeep No. M.K.U. 7745.2. The claimant's case in brief, was that on 22-6-1997 at about 8.30 p.m., when he driving his motor-cycle No. C.I.N. 7602 with his brother Yogesh Gupta as pillion rider on Mhow-Neemuch road, came infront of Hero-Honda show-room, non-applicant No. 2 Babulal came from opposite direction driving jeep No. M.K.U. 7745 belonging to non-applicant No. 1 Ashok Kumar and insured with non-applicant No. 3 National Insurance Co. in rash and negligent manner and dash...
Nandlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-29-1999
Reported in: 2000CriLJ794
R.S. Garg, J. 1. The appellant being aggrieved by the judgment D/- 7-3-1999 passed in Sessions Trial No. 199/94 by the learned First Addl. Sessions Judge, Baloda Bazar convicting the appellant for offence punishable under Section 306,1.P.C. and sentencing him to undergo R.I. for 10 years and pay fine of Rs. 5000/-, in default of payment of fine to undergo R.I. for one year, has filed this appeal.2. The prosecution case in brief is that the accused had married with the deceased Geetabai about six months prior to her death. Sometime before the death on 1-11-1993 the husband of the deceased had some fight/dispute with the deceased, taking an exception either to the fight/dispute or the conduct of the accused, the deceased Geetabai poured kerosene oil and immolated herself. She was admitted in the hospital on 1-11-1993 where her dying declaration Ex. P. 3 was recorded by PW-8 Sajjan Singh. The said Geetabai breath her last on 10-11-1993.2-A. Finding that the present was a case under Sectio...
Commissioner of Income-tax Vs. Pithampur Conzima (P.) Ltd.
Court: Madhya Pradesh
Decided on: Jul-28-1999
Reported in: [2000]244ITR442(MP)
1. The Revenue has filed this application under Section 256(2) of the Income-tax Act, 1961, for requiring the Income-tax Appellate Tribunal to refer the following questions stated to be questions of law for the opinion of this court :'(i) Whether, on the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified in holding that the addition in respect of unexplained deposits appearing in the books of account of the assessee could not be made in the hands of the assessee-company but only in the hands of the individuals in whose name such deposits had been made despite the legal provisions of Section 68 in this regard (ii) Whether, on the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified in allowing relief to the assessee in respect of the unexplained deposits on the basis of the individual returns filed by the depositors, particularly when this issue was not raised before the learned Commis...
Bhojram and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-27-1999
Reported in: I(2000)DMC299; 2000(2)MPLJ23
R.S. Garg, J. 1. The prosecution case in brief is that each of the accused abetted the deceased Jaianand for committing suicide. The prosecution case in brief is that deceased Jaianand, a resident of Village Sonajari was living with his first cousin Paitram. On 25.7.1996 Dayatam and Jaianand had gone to plough the fields where Jaianand informed Dayaram that he had to recover eight annas (0.50 paise) from the shop-keeper Bhojram, thereafter he went to purchase Gudakhu from the shop of Bhojram where Bhojram and Bhoogdev (the accused persons) earned a fight with the deceased. Seeing all this Dayaram also reached on the spot; Bhoogdev was beating Jaianand by his hands and Bhojram after breaking a stick from some tree gave beating to the deceased, thereafter the deceased was fell on the ground. Dayaram intervened in the matter and after saving Jaianand he brought him to the house. Jaianand informed the incident to the wife of his cousin thereafter Jaianand went out of the house but did not ...
Janggu @ Shobhit S/O Sunder Sai Rajwar and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-27-1999
Reported in: 2000CriLJ711; 1999(2)MPLJ474
R.S. Garg, J.1. The appellant who stand convicted for commission of the offences punishable under Section 3(1 )(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 447 and 447/34, Indian Penal Code have been sentenced to undergo R.I. for six months and pay fine of Rs. 500/- under each count; in default of payment of fine to undergo simple imprisonment for 1 1/2 months for each default, have filed this appeal against the judgment dated 27-1-1998 passed in Criminal Case No. 165/97 by the Special Judge (Atrocities), Ambikapur.2. The prosecution case in brief is that the land Sy.No. 53 and 54 originally belonged to one Sohansai from whom somewhere in the year 1993 the property was purchased by the complainant Pawansai in the name of his son's wife namely Bhanudevi. After sometime he came in possession of the property and carried out the agricultural operation. On 18-11-1994 under Ex.P/4 the first information report, he reported to the police t...
Janggu @ Shobhit and ors. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-27-1999
Reported in: 2000(1)MPHT281
R.S. Garg, J.1. The appellants who stand convicted for commission of the offences punishable under Section 3(1)(5) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 read with Sections 447 and 447/34 IPC have been sentenced to undergo R.I. for six months and pay fine of Rs. 500/-under each count; in default of payment of fine to undergo simple imprisonment for 1 - month for each default, have filed this appeal against the judgment dated 27-1-98 passed in Criminal Case No. 165/97 by the Special Judge (Atrocities), Ambikapur.2. The prosecution case in brief is that the land Sy. Nos. 53 and 54 originally belonged to one Sohansai from whom somewhere in the year 1993 the property was purchased by the complainant Pawansai in the name of his son's wife namely Bhanudevi. After some time he came in possession of the property and carried out the agricultural operation. On 18-11-94 under Ex. P/14 the First Information Report, he reported to the police that said Sy. Nos. 53 ...
Kedia Distilleries Ltd. Vs. Appellate Authority for Industrial and Fin ...
Court: Madhya Pradesh
Decided on: Jul-26-1999
Reported in: 2000(1)MPLJ242
B.A. Khan, J.1. The petitioner is engaged in the manufacture of country liquor and IMFL. It is said to have entered into adeal involving Rs. 1 crore or so with private respondent No. 3 and obtained Rs. 50 lakhs from this company for delivery of some equipment through sure dummy company which was allegedly never supplied. RespondentNo. 3 soughtrefund of the amount of Rs. 50 lakhs for which the petitioner executed a cheque which bounced.Respondent No. 3 thereafter filed a civil suit for recovery of Rs. 55.26 lakhs with interest in the Calcutta High Court which was decreed and in execution the petitioner's money lying with the Excise Commissioner was attached. The petitioner, then, offered a compromise envisaging a repayment schedule culminating in a consent decree dated March 9, 1995, passed by the Calcutta High Court. Pursuant thereto, the company paid two instalments or so and defaulted. It, meanwhile, approached the Board for Industrial and Financial Reconstruction (BIFR) under Sectio...
Rama Shankar Mishra and anr. Vs. Kuladhipati, A.P.S. University and or ...
Court: Madhya Pradesh
Decided on: Jul-25-1999
Reported in: 2000(1)MPHT533
ORDERC.K. Prasad, J.1. In both the writ petitions filed under Article 226 of the Constitution of India, petitioners pray for quashing of the notification dated 19th of August, 1998 issued by the Chancellor of the University whereby in exercise of powers conferred by Section 52 (3) of the M.P. Viswavidyalaya Adhiniyam, 1973 (hereinafter referred to as 'the Act'), he appointed a committee to recommend a panel of not less than 3 persons for appointment to the office of the Vice-Chancellor of Awadhesh Pratap Singh University. Further prayer made by the petitioners is to quash the order dated 22-09-1998 of the Chancellor of the University, where respondent No. 5 Prof. S.D. Tripathi has been appointed as the Vice-Chancellor of the Awadhesh Pratap Singh Vishwavidyalaya for a term of 4 years from the date he enters upon his office. Further prayer made by the petitioner Professor V.C. Sinha is that the respondents may be restrained from creating any hinderance in performance of his duty as Vice...
Gajanand and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-23-1999
Reported in: AIR2000MP2
Khan, J.1. One LPA and these petitions involve similar questions of law and fact and are disposed off by this common judgment. Even though, writ petitioners are represented by more than one counsel. Shri M.M. Asudani took it upon himself to deputise for them all, to facilitate disposal of these petitions hanging fire since 1996 and going through bouts of litigations from here to the Apex Courts and back.2. Petitioners are Bhumi Swamies of around 63 acres of land comprising survey Nos. 684/1, 684/1/3, 684/1/4, 684/1/5, 681/1/7, 684/1/8. 684/1/10, 684/2/1, 684/2/3, 684/2/4, 684/3/1, 684/3/2, 684/ 3/3, 684/3/4 and 684/3/5 in Patwari Halka No. 9, situate at Rangwasa, Tehsil-Indore, which is under acquisition for establishment of a 'Diamond Park' euphemism for Industrial area to accommodate diamond cutting and polishing units. They are engaged in a life and death struggle to ward off the acquisition and their attack to it is multipronged ranging from technicalities of law to national Securi...
Asgari Begam (Smt.) and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-23-1999
Reported in: [2000(85)FLR860]; (2000)IIILLJ1249MP
S.C. Pandey, J. 1. This is an appeal filed by the appellants/applicants under Section 30 of the Workmen's Compensation Act, 1923 (henceforth the Act) against the Award dated December 30, 1997 passed by the Commissioner for Workmen's Compensation-cum-Labour Court, Shahdol (henceforth the Commissioner) in Case No. 31 of 1996, whereby the claim of the appellants for compensation regarding the death of Abdul Rashid has been dismissed.2. The facts of this case are that the appellants filed Case No. 31 of 1996 before the Commissioner, claiming that Abdul Rashid died on June 9, 1995 during the course of his employment. It was claimed that Abdul Rashid was employed with the respondents as Switchman and he was posted at Bandhwara Railway Station near Shahdol Railway Station. His duty hours were from 8.30 P.M. of June 8, 1995 to 8.00 P.M. of June 9, 1995. He died at about 7.00 A.M. on June 9, 1995. It was claimed that while working in the cabin at Bandhwara Abdul Rashid was required to answer th...
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