Madhya Pradesh Court August 2000 Judgments
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Mohd. Shafique Pahalwan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-21-2000
Reported in: 2001CriLJ1528
Bhawani Singh, C.J1. This appeal is directed against the judgment dated February 20, 1997, passed by Additional Sessions Judge (IV), Bhopal, in Sessions Trial No. 62/88. The appellant No. 1-Mohammed Shafique Pahalwan has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. l.000/-, and in default of payment of fine, to undergo simple imprisonment for three months. He has also been convicted under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for five years and fine of Rs. 500/-, and in default of payment of fine, to undergo simple imprisonment for one month. The appellants No. 2 and 3, namely, Hafiz Pahalwan and Irphan, have been convicted for offence under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. l.000/- each, and in default of payment of fine, to undergo simple imprisonment for three month each. The appellant. No...
Munnalal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-19-2000
Reported in: 2001CriLJ1097; 2001(1)MPHT237; 2000(3)MPLJ5
ORDERS.C. Pandey, J. 1. This is an application under Section 482 of the Code of Criminal Procedure, whereby the applicant requires this Court to quash the order dated 31-3-2000 passed by IIIrd Additional Sessions Judge, Jabalpur in Criminal Revision No. 60/2000 confirming the order of Judicial Magistrate First Class, Jabaipur passed in Criminal Case No. 1366/99 on 2-2-2000.2. The applicant is a milk vendor. A milk sample was seized from him on 30-9-1983. The milk sample was divided in three parts by the Food Inspector. One sample was sent to the public analyst who found that the milk was adulterated. Consequently, two samples of milk were produced before the J.M.F.C. on 16-2-1984 alongwith the report of the Food Inspector. On 1-3-1984, at the instance of the accused/applicant, one sample was sent to the Director of the Central Food Laboratory, Pune who reported as per Annexure A-2 that the sample could not be analysed as it appears to have decomposed. Thereafter, the third sample, whic...
Sardar Harbans Singh Vs. Shailesh Chand Gupta
Court: Madhya Pradesh
Decided on: Aug-19-2000
Reported in: 2001(1)MPHT501
ORDERS.C. Pandey, J. 1. This is a first appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 29-7-1991 passed by Additional District Judge, Mancndragarh in Civil Suit No. 13-A/88, whereby the appellant defendant has been ordered to be evicted from the suit shop under Sections 12 (1) (c) and 12 (1) (f) of the M.P. Accommodation Control Act, 1961 (for short 'the Act'). The decree under Section 12 (1) (a) of the Act has not been granted by the Trial Court on the ground that the rent has been deposited by the appellant-defendant in the Trial Court in accordance with law.2. The respondent-plaintiff filed Civil Suit No. 13-A/88 against the appellant-defendant on the ground that the appellant was initially a tenant of Manoharlal Gupta who had let out the suit shop to the appellant at the rate of Rs. 100/- per month. The tenancy was monthly and started from the first of every month and was liable to be terminated on the last day of the month. Thereafter,...
Khemchand and anr. Vs. Deputy Commissioner of Income-tax and ors.
Court: Madhya Pradesh
Decided on: Aug-19-2000
Reported in: [2002]254ITR568(MP)
N.K. Jain, J.1. Heard.2. The petitioners have challenged the notice issued by respondent No. 1 under Section 158BC of the Income-tax Act, 1961, after search was conducted on the petitioners' premises under the provisions of Section 132 of the Act. The search was initiated on January 4, 2000, and it appears that the search continued till March 25, 2000, when finally statements of the petitioners were recorded by the officers of the Income-tax Department. During the search, the books of account of the petitioners were also seized. On receipt of the notice dated March 23, 2000, the petitioners on March 24, 2000, applied for supply of copies of the documents so as to enable them to file the return. It is submitted that some copies have been furnished to the petitioners on March 31, 2000. However, their prayer for supply of remaining copies still remains unanswered by the respondents.3. The petitioners have mainly challenged the said notice on the ground that no such notice could legally be...
Secretary, Krishi Upaj Mandi Samiti Vs. Presiding Officer and anr.
Court: Madhya Pradesh
Decided on: Aug-19-2000
Reported in: (2001)IIILLJ732MP
Deepak Verma, J. 1. Petitioner is aggrieved by an order dated August 28, 1999, passed by Labour Court, Ujjain, whereby it has dismissed petitioner's application filed for setting aside of the ex parte award passed against the petitioner by the said Authority, on January 5, 1991. Petitioner contended that no fresh notice of the hearing fixed before Labour Court for October 6, 1990 was issued to the petitioner. Thus it could not have appeared on October 6, 1990.2. It is not in dispute that when the reference was made to the Labour Court under the Industrial Disputes Act, petitioner was noticed and it had also put in appearance for the first time on May 2, 1990. But a fresh notice was directed to be issued to the petitioner vide order sheet of the Labour Court dated September 3, 1990. In view of these averments being made, this Court was pleased to requisition the records of the Labour Court of the industrial dispute case as well as that of the M.J.C. No. 2/91. The Labour Court rejected p...
Khemchand Chandwan Vs. Deputy Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Aug-19-2000
Reported in: (2000)164CTR(MP)163
N.K. Jain, J.Heard.2. The petitioners have challenged the notice issued by respondent No. 1 under section 158BC of the Income Tax Act, after search was conducted on petitioners' premises under the provisions of section 132 of the Act. The search was initiated on 4-1-2000, and it appears that the search continued till 25-3-2000, when finally statements of the petitioners were recorded by the officers of the income-tax department. During search books of account of the petitioners were also seized. On receipt of the notice dated 23-3-2000, the petitioners on 24-3-2000, applied for supply of copies of the documents so as to enable them to file the return. It is submitted that some copies have been furnished to the petitioners on 31-3-2000. However, their prayer for supply of remaining copies still remains unanswered by the respondents.3. The petitioners have mainly challenged the said notice on the ground that no such notice could legally be issued before conclusion of the search, which wa...
National Insurance Co. Ltd. Vs. Mohanlal Tamrakar and Others
Court: Madhya Pradesh
Decided on: Aug-18-2000
Reported in: 2002ACJ1738; 2001(1)MPHT459
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Durg, in Claim Case No. 84/99, dated December 30, 1999.2. The incident took place on 10-5-1998. Deceased Pramod Tamrakar was travelling in Tata Sumo Jeep bearing registration No. MP-23-G 8366 from Durg to Rajnandgaon. At 7.30 a.m., near Ganesh Temple on the G.E. Road, the vehicle went out of control and overturned. Deceased sustained fatal injuries due to which he died in the District Hospital, Rajnandgaon, after 4 or 5 hours. The vehicle was owned by respondent No. 8 Lambasingh and driven by respondent No. 7, Sunil Yadav. It was insured with the appellant. After filing reply, respondents 7 and 8 were proceeded ex-parte.3. Defence of the appellant is that there was breach in the policy conditions with respect to driving licence and unauthorised use of the same, having been used as a taxi, though it was a private car. Appellant sought permission under Section 170 of the Motor Vehicle...
Nepa Limited Vs. Rana Timber Traders and Others
Court: Madhya Pradesh
Decided on: Aug-18-2000
Reported in: 2001(1)MPHT476
ORDERDipak Misra, J. 1. The factual matrix and the points of law involved being similar, both the civil revisions were heard analogously and are disposed of by this common order. For the sake of clarity and convenience the facts in Civil Revision No. 659/95 arc adumbrated herein.2. The facts as have been uncurtained are that the petitioner is a Limited Company engaged in the manufacture of papers. The non-applicant No. 1 had entered into an agreement with it for supply of eucalyptus timber waste for manufacture of papers. During the continuance of the agreement disputes arose between the parties. As there was an arbitration clause for adjudication of disputes the non-applicant No. 2 was appointed as the sole arbitrator. Non-applicant No. 2 entered into reference for adjudicating the claim put forth by the non-applicant No. 1 and eventually passed an award on 3-9-1990. It is worth noting here by the award the learned arbitrator rejected the claim of the non-applicant No. 1. The award wa...
Reshamlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2001(1)MPHT89
ORDERR.S. Garg, J. 1. Case diary of Crime No. 15/2000 registered at Police Station, Kartala (Korba) for offences punishable under Sections 354, 147, 323, 376 and 506, IPC, perused.2. The prosecution allegations in the F.I.R. were that the applicant and some others misbehaved with the prosecutrix outraged her modesty andman handled her father. In the F.I.R. itself it was shown that when she was insulted by the accused persons certain others had seen the incident and on their intervention she could be saved. Later on the prosecutrix started asserting that when she was taken to Badi the accused committed rape upon her. On these statements the prosecution in its wisdom has added a charge punishable under Section 376, IPC.3. Submissions of the learned counsel for the applicant are that there is variance between the F.I.R. and her statements recorded on 23-4-2000, therefore, the applicant deserves to be released on bail. On the other hand, learned counsel for the Stale has opposed the applic...
Ganga Ram Vs. Choudhary Jai Kumar JaIn and Others
Court: Madhya Pradesh
Decided on: Aug-17-2000
Reported in: 2001(1)MPHT136
1. This is a Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 28-8-1995 passed by the learned IXth Additional District Judge, Jabalpur in Civil Appeal No. 60-A/95 arising out of the judgment and decree dated 23-10-1992 passed by the learned XlVth Civil Judge, Class-II, Jabalpur in Civil Suit No. 91-A/92.2. The facts as emerging from the judgments of the Courts below are these: The appellant/defendant is the tenant of a shop bearing house No. 419 East Niwarganj Ward, Jabalpur commonly known as Jawaharganj or Lordganj (which shall hereinafter be referred to as 'Suit Premises') which has been used for non- residential purposes. Choudhary Ratan Chand Jain, original plaintiff, filed civil suit for eviction of the appellant/defendant from the suit premises on the ground of bonafide need of his son Dhananjay Kumar Jain, the respondent/plaintiff No. 5. The appellant/defendant challenged the above ground for eviction on the fact that there was...
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