Madhya Pradesh Court May 2000 Judgments
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Mandavi Marine Pvt. Ltd. Vs. Bank of India and anr.
Court: Madhya Pradesh
Decided on: May-12-2000
Reported in: 2000(3)MPHT482
ORDERJ.G. Chitre, J.1. The dispute revolves around a short point which needs to be decided and that has given birth to an off-shoot in the midst of the arguments advanced by the counsel for the parties.2. There was an agreement between the petitioner M/s. Mandavi Marine Pvt. Ltd. and Project and Equipment Corporation of India Ltd. in context with construction of four ships which were to be sent to Moritius. It appears that the said project was not completed. However, initial part-payment has been made in this context. It appears that there has been some dispute between these two parties i.e., the petitioner and opponent No. 2.3. The Bank of India-opponent No. 1 has not come in picture because a bank-guarantee has been supplied by M/s. Mandavi Marine Pvt. Ltd. as security for the purpose of performance of the part of the agreement which it has to perform. Mandavi Marine Pvt. Ltd. contends that as per the terms and conditions of the said agreement, if there is a dispute between the petit...
Gajrajsingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-12-2000
Reported in: 2000CriLJ3765; 2000(3)MPHT445
J.G. Chitre, J.1. The appellant is hereby assailing correctness propriety and legality of the judgment and Order passed by the 16th Addl. Sessions Judge, Indore in the matter of Sessions Case No. 204/93, wherein the appellant has been convicted for committing an offence punishable under the provisions of Section 376 of IPC. He has been sentenced to undergo imprisonment of life and fine of Rs. 5000/-; in default to undergo R.I. for six months. He has been also convicted for offence punishable under Section 506 Pt. I, IPC and has been sentenced to undergo R.I. for six months. The amount of fine, if paid, is directed to be given to Lalkunwarbai, the prosecutrix.2. The prosecution case in brief is that prosecutrix happens to be the daughter of the appellant. Near about 12th January, 1992 she was minor and was residing with the appellant in his hut in Sudamanagar, Indore. It is the prosecution case that Santosh and Manoharsingh, the brothers of the appellant approached P.W. Ramkunwarbai who...
Jagjivan Lal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-12-2000
Reported in: 2000(4)MPHT375
A.K. Mishra, J.1. This appeal has been filed by Jagjivan Lal who has been found guilty of offence under Section 308, IPC and sentenced to undergo R.I. for 3 years and for causing injury to Satishchandra he has been convicted under Section 324, IPC and sentenced to undergo R.I. for one year. He has been further convicted under Section 324, IPC for causing injury to Ramakant and sentenced to undergo R.I. for one year. Sentences were ordered to run concurrently.2. Prosecution case briefly narrated points out that on 14-8-85 at about 12 O'clock accused was the member of unlawful assembly, the common object of which was to cause death of Sharadchandra and cause simple injury to Satishchandra and Ramakant. The accused was carrying knife at the relevant time and caused injury deliberately to Sharadchandra. He also caused injuries to Satishchandra and Ramakant. One of the accused tried to fire from country-made revolver. According to the prosecution case when Satishchandra, Sharadchandra and J...
Maduru Alias Damruwa Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-12-2000
Reported in: 2001CriLJ1857
Arun Mishra, J.1. Ramrati, the prosecutrix was subjected to rape on September 22, 1988 at about 10.00 a.m. The appellant having found guilty by the trial Court for commission of offence has been convicted Under Section 376, IPC. He has been sentenced to undergo seven years' rigorous imprisonment. The present appeal is against his conviction and sentence.2. The facts leading to prosecution, in brief, are that on September 22, 1988 when prosecutrix was going to answer the call of nature, she met with accused, who asked her to accompnay to Khudiya (Agriculturist's out-house). Accused forcibly, at the point of knife, dragged her to nearby Khudiya and committed forcible sexual intercourse with her. Her brother-in-law Komal (PW 2) came to the spot, saw the accused running towards public road. She had narrated the incident to Komal. Tulsiram (PW 3) was in the agricultural field. The incident was also narrated to him. Thereafter, Tulsiram visited the house of the accused but did not find him i...
Mohit Ram Chouhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-11-2000
Reported in: 2001(1)MPHT435
ORDERR.S. Garg, J. 1. On a report made by Second Addl. Sessions Judge, Raigarh, Criminal Case No. 64/2000 has been registered by the Judicial Magistrate First Class (Shri A.B. Toppo). The proceedings dated 9-2-2000 of the said criminal case record that a complaint was filed in the said Court by the Second Addl. Sessions Judge, Raigarh for offences punishable under Sections 205, 419, 465 and 471 read with Section 109 of the IPC. The allegations were that the present applicant committed some forgery by producing a false surety in the Court. Accused Mohitram and Kaushal Prasad were kept present in the Court and immediately after taking the cognizance the said two persons namely Kaushal Prasad and Mohitram were taken in custody and were sent to jail. Against V.K. Pradhan a non-bailable warrant was directed to be issued. On 10-2-2000 an application for grant of bail was submitted on behalf of present applicant Mohitram Chauhan. The learned Judicial Magistrate First Class Raigarh Shri A.B. T...
Dr. Santosh Kumar Dey (Decd.) (Through Legal Representative Debashish) ...
Court: Madhya Pradesh
Decided on: May-11-2000
Reported in: [2000]245ITR277(MP)
N.K. Jain, J. 1. The petitioner who is an assessee both under the Income-tax Act and Wealth-tax Act, by this petition under Articles 226 and 227 of the Constitution of India calls in question two notices both dated March 18, 1988 (vide annexures P-11 and P-12), issued by the respondent--Income-tax Officer, H-Ward, Circle-I, Indore, under Section 147(a) of the Income-tax Act, 1961 (as it stood before the amendment of 1987), calling upon the petitioner to submit fresh returns of his income for the assessment years 1984-85 and 1985-86.2. At the outset it may be noted that the practice of this court has been not to interfere in such matters at the stage of issuance of notice and leave the aggrieved party first to answer such notice and exhaust the alternative remedies provided under the ordinary law before invoking the extraordinary jurisdiction of this court under Article 226/227, However, in the instant case, it is noticed that the present petition stands admitted way back in 1988 and th...
Ajay Ahuja Vs. Smt. Manju Ahuja
Court: Madhya Pradesh
Decided on: May-11-2000
Reported in: II(2000)DMC267
V.K. Agarwal, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act' for short), is directed against the order dated 4.9.1995 in M.J.C. No. 37/93 by Fourth Additional District Judge, Jabalpur, granting permanent alimony of Rs. 2,000/- per month besides an amount of Rs. 60,000/- to the respondent/wife.2. Undisputably, the parties were married at Jabalpur. The appellant/ husband filed an application for divorce under Section 13 of the 'Act' registered as C.S. No. 148-A/91. The suit was decided in favour of the appellant/husband and a decree for divorce was granted on 21.12.1993.3. The respondent/wife thereafter filed the present petition on 24.12.1993 under Section 25 of the 'Act', for grant of permanent alimony and claimed a sum of Rs. 2 lacs. The averments in the petition were that though she has enrolled as an Advocate and has started working as a trainee Junior Lawyer in the High Court of M.P. at Jabalpur, yet she has no independent income...
Laxmi Bai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-11-2000
Reported in: 2000CriLJ3597; I(2001)DMC202; 2001(2)MPLJ80
S.P. Khare, J. 1. Appellants Laxmi Bai and Mina have been convicted under Sections 306/34, I.P.C. and sentenced to rigorous imprisonment for ten years.2. After hearing the learned Counsel for both the sides and after careful scrutiny of the evidence on record this Court is of the opinion that the conviction of the appellants for the aforesaid offence is not sustainable. Appellants-Laxmi Bai and Mina are the sisters of the husband of deceased Chanda Bai. The appellants were aged 22 years and 18 years at the time of the incident. Chanda Bai was married to their brother Kachrulal on 26.1.1987. She was living with him in Bairagarh. The appellants were also living with their brother. It is not disputed now that Chanda Bai committed suicide by burning herself in that house on 22.9.1987 at about 1.00 a.m. At that time her husband was not in the house.3. The prosecution case rested mainly on the evidence of neighbours. They are Pushpa (P.W. 1), Mina (P.W. 2), Padmakshi (P.W. 3) and Dilip (P.W....
Laxmi Bai and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-11-2000
Reported in: 2000(2)MPHT395
S.P. Khare, J.1. Appellants Laxmi Bai and Mina have been convicted under Section 306/34 I.P.C. and sentenced to rigorous imprisonment for ten years.2. After hearing the learned counsel for both the sides and after careful scrutiny of the evidence on record, this Court is of the opinion that the conviction of the appellants for the aforesaid offence is not sustainable. Appellants Laxmi Bai and Mina are the sisters of the husband of deceased Chanda Bai. The appellants were aged 22 years and 18 years at the time of the incident. Chanda Bai was married to their brother Kachrulal on 26-1-1987. She was living with him in Bairagarh. The appellants were also living with their brother. It is not disputed now that Chanda Bai committed suicide by burning herself in that house on 22-9-1987 at about 11.00 AM.. At that time her husband was not in the house.3. The prosecution case rested mainly on the evidence of neighbours. They are Pushpa (P.W. 1), Mina (P.W. 2), Padmakshi (P.W. 3) and Dilip (P.W. ...
Rajendra Kumar Verma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-11-2000
Reported in: 2000(3)MPHT385; 2000(3)MPLJ259
ORDERS.S. Saraf, J.1. This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the proceedings initiated against the petitioner by the respondent.2. The petitioner was working as S.D.O. in Tandula Water Resources Sub-Division No. 2, Balod, District Durg. A complaint was filed before the respondent that the petitioner possesses assets beyond the known sources of his income. Consequently, the raids were conducted and a case for offence under Section 13(1)(e) & 13(2) of the Prevention of Corruption Act, 1988 (for short the 'Act') has been registered against him. The petitioner filed several representations before the concerned authorities explaining his sources of income. Ultimately, he filed the present petition invoking the inherent power of this Court under Section 482, Cr.P.C. for quashing the proceedings initiated against him.3. The learned counsel appearing for both the sides prayed that the matter be heard and disposed of on the point of tenabil...
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