Madhya Pradesh Court April 2000 Judgments
Manharan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-25-2000
Reported in: 2000(3)MPHT114
Arun Mishra, J.1. Present appeal has been filed by the appellant aggrieved by his conviction under Section 363, I.P.C. and sentence of 3 years R.I..2. Prosecution case briefly stated is that on November 9, 1987, Munni @ Bhuneshwari was taken away from the guardianship of her father. Thus, an offence under Sections 363 and 366 of the Indian Penal Code was committed. In addition, charge under Section 376 I.P.C. was also levelled on the accused Manharan. Ramadheen, the father of Munni was sleeping in the night in his house alongwith other family members. Prosecution alleges that in the midnight, accused Manharan enticed away Bhuneshwari, aged about 14 years, and took her away to his house. Report, Ex. P-3 of the incident was lodged. General diary entry was made at serial No. 210 on November 10, 1987. Munni @ Ku. Bhuneshwari was sent for radiological examination and doctor, as per report Ex. P-6, determined that her age was 16 years at the relevant time.3. Accused abjured the guilt and con...
Tag this Judgment!Hari Narayan Sakya Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2000
Reported in: 2000(2)MPHT259; 2000(3)MPLJ351
Bhawani Singh, C.J.1. This batch of 17 Writ Petitions (1) W.P. 1808/98 (Maniram Jatav v. State of M.P. and Ors.), (2) W.P. No. 5785/98 (Ramavtar Sahu v. State of M.P. and Ors.), (3) W.P. No. 5790/98 (Mst. Mushtari Begum v. State of M.P. and Ors.), (4) W.P. No. 5804/98 (Mataprasad Sahu v. State of M.P. and Ors.), (5) W.P. No. 5815/98 (Moreshwar Barasker v. State of M.P. and Ors.), (6) W.P. No. 5838/98 (Shyamraj Chichkhere v. State of M.P. and Ors.), (7) W.P. No. 5949/98 (Ramkishore Kori v. State of M.P. and Ors.), (8) W.P. No. 5951/98 (Rajaram Kori v. State of M.P. and Ors.), (9) W.P. No. 5957/98 (Hari Narayan Sakya v. State of M.P. and Ors.)., (10) W.P. No. 5973/98 (Vinod Babu Sharma v. State of M.P. and Ors.), (11) W.P. No. 5976/98 (Ghanshyam Das Ahirwar v. State of M.P. and Ors.), (12) W.P. No. 5989/98 (Sampatlal Kulaste v. State of M.P. and Ors.), (13) W.P. No. 5999/98 (Mansaram v. State of M.P. and Ors.), (14) W.P. No. 6003/98 (Shyam Singh Bhadoriya and Ors. v. State of M.P. and Or...
Tag this Judgment!Mata Prasad Sahu Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2000
Reported in: 2000(3)MPHT408
ORDERBhawani Singh, C.J.1. This batch of 17 Writ Petitions (1) W.P. 1808/98 (Maniram Jatav v. State of M.P. and Ors.); (2) W.P. No. 5785/98 (Ramavtar Sahu v. State of M.P. and Ors.); (3) W.P. No. 5790/98 (Mst. Mushtari Begum v. State of M.P. and Ors.); (4) W.P. No. 5804/98 (Mataprasad Sahu v. State of M.P. and Ors.), (5) W.P. No. 5815/98 (Moreshwar Barasker v. State of M.P. and Ors.); (6) W.P. No. 5838/98 (Shyamraj Chichkhere v. State of M.P. and Ors.); (7) W.P. No. 5949/98 (Ramkishore Kori v. State of M.P. and Ors.); (8) W.P. No. 5951/98 (Rajaram Kori v. State of M.P. and Ors.); (9) W.P. No. 5957/98 (Hari Narayan Sakya v. State of M.P. and Ors.); (10) W.P. No. 5973/98 (Vinod Babu Sharma v. State of M.P. and Ors.); (11) W.P. No. 5976/98 (Ghanshyam Das Ahirwar v. State of M.P. and Ors.); (12) W.P. No. 5989/98 (Sampatlal Kulaste v. State of M.P. and Ors.); (13) W.P. No. 5999/98 (Mansaram v. State of M.P. and Ors.); (14) W.P. No. 6003/98 (Shyam Singh Bhadoriya and Ors. v. State of M.P. an...
Tag this Judgment!Munna Alias Purshottam Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-25-2000
Reported in: 2000CriLJ3594
A.K. Mishra, J.1. The appellant has preferred this appeal against his conviction under Section 376, IPC and sentence of five years' R.I.2. Prosecution case briefly stated is that on 25-5-86 at about 9 p.m. in village Jahaj Bhata, Jagdalpur, when the prosecutrix Kanti Bai was going to her house, she met the accused Munna alias Purshottam who was carrying a knife. Accused Sapan (dead) and Sudesh also joined him. Munna gagged her mouth and all of them took her towards air strip side in a bush. Initially, accused Munna performed forcible sexual intercourse with her and thereafter, accused Sapan and Sudesh also satisfied their lust by committing forcible sexual intercourse. On her raising cry, her mother Surmani Bai came there. On seeing her, accused ran away from the spot. During the course of forcible sexual intercourse, bangles of the prosecutrix were broken. Accused Sudesh had left his cycle on the spot and the other accused Munna also had left his towel. Report Ex. P-l was lodged at P....
Tag this Judgment!Kunjulal Yadu and ors. Vs. Parasram Sharma
Court: Madhya Pradesh
Decided on: Apr-24-2000
Reported in: AIR2000MP235; 2000(3)MPHT355; 2000(2)MPLJ514
Dipak Misra, J. 1. Finding conflict between two Division Bench decisions rendered in the cases of B. Jhonson Bernard v. C. S. Naidu, 1985 MPLJ 675 and Jenendra Kumar v. Roshanlal, 1994 JLJ 19, the learned single Judge made the following reference :'Whether a retired Government servant, who acquires accommodation after his retirement and lets out the same to a tenant, is entitled to invoke Section 23A of the Act?'2. For the sake of convenience and clarity we would refer to the facts in Civil Revision No. 1349/96. The non-applicant/landlord, after his retirement from Government service made an application before the Rent Controlling Authority, Raipur on 16-3-1989 under Section 23-A(b) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') seeking eviction of the tenant from shop No. 2 situate at Satti Bazar, Raipur, for commencing a business on the ground that no suitable accommodation was available to him for the said purpose. Leave to defend the case was gr...
Tag this Judgment!Pavitra Vs. Arun Varma (Decd.) Through L.Rs.
Court: Madhya Pradesh
Decided on: Apr-24-2000
Reported in: II(2001)DMC260
J.G. Chitre, J. 1. Notice has been sent and served on the opponents but they are absent. None is present for them, Mr. Verma is heard.2. Learned Judge has pointed out that an application has been moved by the petitioner Pavitrabai making a prayer to the Court that her husband deceased Arun Kumar Verma had left (1) Rs. 41,367/- as amount of GPF, (2) Rs. 30,000/- as amount of G.I.S., (3) Saving Bank credit balance of Rs. 23,755/- in the saving account of State Bank of India. The total amount is Rs. 95,122/-. The petitioner has prayed for a relief from the Court in view of provisions of Order 21 Rule 46, C.P.C.3. Mr. Verma submitted that the wife Paviirabai had obtained the decree of divorce against Arun Kumar Verma s/o Onkarnath Verma on the ground of impotency and there has been order passed by the Matrimonial Court in her favour granting her a permanent alimony to the tune of Rs. 700/- per month. Mr. Verma submitted that during the execution proceedings in context with the said amount ...
Tag this Judgment!Ch. Chandra Shekhar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-24-2000
Reported in: 2000(3)MPHT351
ORDERA.K. Mishra, J.1. Present revision arises out of award dated June 30, 1999 passed by M.P. Arbitration Tribunal, Bhopal, in Reference Case No. 30/94.2. Present petitioner had filed reference before the M.P. Arbitration Tribunal under Section 7 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983, for quashing the revenue recovery certificate of alleged outstanding Government dues amounting to Rs. 1,28,236/- and for permanently restraining the respondents to recover the said amount or any other amount from the petitioner.3. Petitioner had entered into a works contract under agreement No. II/DL of the year 1985-86 in Kolar Project, District Sehore. On behalf of the State Government agreement was signed by Executive Engineer, Water Resources Division, Hoshangabad. It was undisputed that there was a clear contract between the parties as required by Article 299 of the Constitution of India.4. The case of the petitioner, in short, was that as per terms and conditions of the agreement it was...
Tag this Judgment!Binodiram Balchand and Co. Vs. Cit
Court: Madhya Pradesh
Decided on: Apr-24-2000
Reported in: [2001]118TAXMAN544(MP)
ORDERChitre, J. We are requested to record our opinion on a question which has been referred by the Tribunal, Indore Bench, which can be mentioned hereunder :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was not entitled to deduction of bad debt of Rs. 1,27,856 ?'The need of referring this question to us for answer by the Tribunal, Indore Bench, arose because such question arose out of IT Appeal No. 759 (Indore) of 1985.2. The assessee happened to be a registered firm carrying on the business under the style 'Binodiram Balchand & Co., Indore'. It carried business of money-lending. It was having another sister concern under style, 'Vinod Steel Ltd'. The partners of the assessee-firm were the directors and shareholders in the said company. The assessee had advanced certain loans and had debited interest to their accounts. These amounts of interest had been shown as income and taxed. It appears that the said sister company...
Tag this Judgment!Toshbro Shimadzu Limited Vs. Commissioner of Commercial Tax and ors.
Court: Madhya Pradesh
Decided on: Apr-20-2000
Reported in: 2000(3)MPLJ116; [2001]122STC181(MP)
ORDERN.K. Jain, J.1. The petitioner, a limited company incorporated under the Companies Act, 1956, is aggrieved by the order dated July 26, 1995 (annexure P/12) of the District Level Committee (respondent No. 4) as also the orders dated July 26, 1998 and May 19, 1999 (annexures P/16 and P/18), passed in appeals by the State Level Committee (respondent No. 3) and the State Appellate Forum (respondent No. 2) respectively, disallowing petitioner's claim for including the amount of fees paid by it in acquiring technical know-how (for short, 'TKH'), in the capital investment in fixed assets, for the purpose of grant of eligibility certificate to claim deferment in payment of commercial tax under the Madhya Pradesh (Deferment of Payment of Tax) Rules, 1986 (annexure P/5) (for short, 'the Deferment Rules') read with State Government Notification No. A-3-l-92-ST-V(56) dated March 31, 1992 (annexure P/7) issued under Section 12(1) of the Madhya Pradesh General Sales Tax Act, 1958 and Section 8 ...
Tag this Judgment!Poshram Patel Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-19-2000
Reported in: 2000(4)MPHT493
S.P. Khare, J.1. Appellant Poshram Patel has been convicted under Sections 307 and 354, IPC and sentenced to rigorous imprisonment for five years and two years respectively.2. After hearing the learned counsel for both the sides and after carefully considering the evidence on record, this Court is of the opinion that the conviction of the appellant for the aforesaid offences is unassailable. Ku. Janki Jangade (P.W. 1) is a school teacher and aged about 24 years. She has deposed that on 7-10-1996 at 10.00 A.M. she was going to the school in village Bhanetara. She was walking and when she reached between village Amoda and Hasaud she saw accused Poshram Patel emerging from a paddy field. He caught hold of her hand and started dragging her towards the field. He pressed her breast and wanted to commit rape on her. She shouted 'Bachao Bachao'. Thereupon the accused dealt a 'Hathaura' (Hammer) blow on her head. The injury on the head started bleeding profusely. On hearing her noise a lady kno...
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