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Madhya Pradesh Court August 2000 Judgments

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Aug 08 2000

Smt. Sita Devi and ors. Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Aug-08-2000

Reported in: 2000(3)MPHT504

ORDERS.P. Khare, J.1. This is an application under Section 407 of the Code of Criminal Procedure, 1973 for transfer of Criminal Case No. 190 of 2000 from the Court of Judicial Magistrate First Class, Burhanpur to a Court competent to try the same at Bhopal or Indore.2. Applicant No. 2 Vikram Singh married Manjushree on 4-1-1998 at Burhanpur. Applicant No. 3 Vikramark Singh is his brother and applicant No. 1 Smt. Sita Devi is his mother. The father of Manjushree was a Member of Parliament. He died on 29-11-1998. His daughter Manjushree is now a Member of Legislative Assembly of Madhya Pradesh from Burhanpur constituency. She submitted a report in writing on 2-4-1999 (Annexure 1) to the Station Officer of Burhanpur Police Station. Crime No. 69 of 1999 has been registered on the basis of that report and a charge-sheet has been submitted by the Police before the Judicial Magistrate First Class, Burhanpur in which the applicants have been arraigned as accused persons. The prosecution case i...


Aug 07 2000

Govind Vs. Deputy Commissioner of Income-tax and ors.

Court: Madhya Pradesh

Decided on: Aug-07-2000

Reported in: [2000]246ITR787(MP)

N.K. Jain J.1. The petitioner, by this petition under Article 226/227 of the Constitution of India, seeks issuance of an appropriate writ to quash the proceedings initiated by respondent No. 2--Inspecting Assistant Commissioner of Income-tax, Acquisition Range, Bhopal--under Section 269C of the Income-tax Act, 1961 (for short 'the Act').2. Right at the threshold it may be noted that the petitioner has come at the stage of issuance of show-cause notice. As a general rule, this court does not interfere at that preliminary stage of issuance of notice and the noticee is left free to contest the notice before the authority concerned and seek other remedies by way of appeal and revision, etc., as may be available under the law. However, in the instant case, what is challenged is the very jurisdiction of the competent authority to issue the impugned notice. Further, the way and manner in which proceedings in the case have been conducted by the successive competent authorities, also call for j...


Aug 07 2000

J.D. Suryavanshi Vs. State of M.P. and anr.

Court: Madhya Pradesh

Decided on: Aug-07-2000

Reported in: 2000(4)MPHT81

ORDERS.P. Srivastava, J.1. Heard Shri A.K. Shrivastava, learned counsel for petitioner as well as Shri S.G. Chitnis, Dy. Govt. Advocate for the State-respondents,2. Perused the record.3. The petitioner had been appointed as Additional Government Pleader and Additional Public Prosecutor for the District Gwalior, in the year 1987. He worked as such during the period elapsing between June, 1986 to the month of December, 1991. He had been submitting the bills for payment due to him to the respondents and by 14-10-1992, the total amount of Rs. 1,34,894/-had become due towards his fee, etc., which amount had not been paid to him.4. The petitioner has prayed for a direction requiring the respondents to settle his claim and release the payment of the ascertained amount to the petitioner along with interest at the rate of 18% per annum to be calculated from the date the said amount had fallen due to the petitioner.5. On 24-6-1998, the learned Addl. Advocate General representing the respondents ...


Aug 07 2000

Subhash Kumar Vs. Shankarlal

Court: Madhya Pradesh

Decided on: Aug-07-2000

Reported in: 2000(4)MPHT151

ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the tenant/applicant has called in question the defensibility of the order dated 20-12-1999 passed by the Rent Controlling Authority, Betul, in Case No. 1-A-90 (B) 4/99-2000, wherein the said authority has passed the order of eviction against the applicant.2. The facts as have been undraped are that the non-applicant filed an application for eviction of the applicant from the premises situate in Rajendra Ward, Betul. It was set forth in the application that he had bona fide need for accommodation to settle his son and his son's family and hence, accommodation was required. It is pertinent to state here that the application was filed under Section 23-A of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') on the ground that the non-applicant belonged to special category of landlord as defined under...


Aug 07 2000

Rakesh Pandey and anr. Vs. Union of India (Uoi) and ors.

Court: Madhya Pradesh

Decided on: Aug-07-2000

Reported in: 2000(4)MPHT490

ORDERBhawani Singh, C.J.1. The petitioners have challenged the appointment of Shri N.S. Sethi as Chairman, State Administrative Tribunal, Madhya Pradesh. It is submitted that Shri N.S. Sethi was an I.A.S. Officer. He was appointed Vice-Chairman of State Administrative Tribunal, Madhya Pradesh. On relinquishment of office of Chairman by Justice R.P. Awasthi on 3-7-1999, Shri Sethi was appointed Acting Chairman pending appointment of Chairman of the State Administrative Tribunal. By order dated 1-9-1999, Shri Sethi has been appointed Chairman for a period of five years from the date of taking charge of the post or till he attains the age of 65 year or whichever is earlier.2. The petitioners submit that Shri N.S. Sethi has no legal or otherwise any judicial training so as to cloth him with any judicial discipline. It is only a judicial member with two years minimum experience on the post of Vice-Chairman who alone is eligible to be appointed on the post of Chairman of the Tribunal. Merely...


Aug 07 2000

State of Madhya Pradesh and anr. Vs. Ananta Shukla and ors.

Court: Madhya Pradesh

Decided on: Aug-07-2000

Reported in: 2002ACJ1198

Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Chhatarpur, dated 14.10.1999.2. Claimants are widow and daughter of the deceased Rajeev Lochan Shukla. The accident took place on 6.6.1995 at 10 p.m. when the deceased and Krishna Kumar Kushwaha were going on a scooter from Bijawar Naka to the crossing of Post Office. The offending jeep No. 9497, driven rashly and negligently by Tilak Raj Soni, hit the scooter. Tilak Raj Soni was intoxicated at this time and as a result of this accident, both Rajeev Lochan and Krishna Kumar fell down resulting in the death of Rajeev Lochan and serious injuries to Krishna Kumar. The matter was reported to the police and a case was registered.3. At the time of the accident, Rajeev Lochan was 32 years old. He was earning Rs. 4,003 p.m. But for the accident, he would have continued in service for 28 years and earned Rs. 12,95,008 and earned promotion to the level of Headmaster earning Rs. 6,000 p.m. He u...


Aug 07 2000

Govind Vs. Deputy Commissioner of Income Tax

Court: Madhya Pradesh

Decided on: Aug-07-2000

Reported in: (2000)163CTR(MP)394

ORDERN.K. Jain, J.Petitioner, by this petition under article 226/227 of the Constitution of India, seeks issuance of appropriate writ to quash proceedings initiated by respondent No. 2, Inspecting Assistant Commissioner of Income Tax, Acquisition Range Bhopal under section 269C of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').2. Right at the threshold it may be noted that the petitioner has come at the stage of issuance of show-cause notice. As a general rule this court does not interfere at that preliminary stage of issuance of notice and the notice is left free to contest the notice before the authority concerned and seek other remedies by way of appeal and revision, etc., as may be available under the law. However, in the instant case, what is challenged is the very jurisdiction of the competent authority to issue the impugned notice. Further, the way and manner in which proceedings in the case have been conducted by the successive competent authorities, also call ...


Aug 04 2000

Oriental Insurance Co. Ltd. Vs. Smt. Hira Tripathi and Others

Court: Madhya Pradesh

Decided on: Aug-04-2000

Reported in: 2002ACJ1400; 2001(1)MPHT221

A.K. Mishra, J. 1. This miscellaneous appeal has been preferred by the insurer aggrieved by the award dated February 23, 2000 passed by the Motor Accidents Claims Tribunal, Durg in Claim Case No. 41/99.2. Claimants/respondents 1 to 5 filed an application for compensation arising out of death of Mahendra Nath Tripathi in an accident dated November 12, 1998, which took place at 5:15 a.m. near Bihar Hotel, G.E. Road, Power House Bhilai. The deceased along with his son; Sandeep Tripathi at the relevant time was going to power house railway station on Luna moped bearing registration No. MP-24-H/7826, when the truck bearing registration No. MP-23/2199 came from the opposite direction and dashed against the Luna. Mahendra Nath Tripathi died and Sandeep Tripathi sustained injuries.3. Deceased was in employment of Bhilai Steel Plant. His Salary was Rs. 13,422/-. Claimants/respondents No. 1 to 5 claimed a compensation to the tune of Rs. 9,75,892/-.4. The insurer contended that the driving licenc...


Aug 04 2000

Dr. Suresh Kumar Verma Vs. Smt. Hemlata Verma

Court: Madhya Pradesh

Decided on: Aug-04-2000

Reported in: 2001(1)MPHT384

ORDERDipak Misra, J. 1. Invoking the revisional jurisdiction of this Court under Section 115 of the Civil Procedure Code (for short 'the Code') the husband-petitioner has called in question the legal propriety of the order dated 11-1-2000 passed in Misc. Civil Case No. 6/99 passed by the learned Additional District Judge, Rewa.2. The facts as have been unfolded are that the marriage between the applicant and the wife/non-applicant was solemnised according to the Hindu rites. The applicant filed an application for judicial separation under Section 10 of the Hindu Marriage Act (hereinafter referred to as 'the Act') and obtained a decree for judicial separation on 24-9-19%. The petitioner endeavoured for restitution of the relationship but as his attempts became an exercise in futility he filed an application under Section 13 of the Act. As the non-applicant did not appear before the Trial Court on the dates fixed, an ex parte decree for divorce was passed on 10-3-1999. After the ex parte...


Aug 04 2000

Mst. Noorbano Vs. Ibrahim Khan

Court: Madhya Pradesh

Decided on: Aug-04-2000

Reported in: 2000(4)MPHT62

ORDERMaithli Sharan, J.1. This is a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') invoking the inherent jurisdiction of this Court, filed by a divorced wife against her husband.2. The brief facts necessary for the disposal of this petition lie in a narrow compass: On 4-3-1991 the petitioner filed a petition under Section 125 of the Code in the Court of the concerned Magistrate against her husband/non-petitioner, claiming maintenance at the rate of Rs. 700/- per month, alleging, inter alia, that she was being ill-treated by the non-petitioner as she had not given birth to any child, and that the non-petitioner was even preparing for performing a second marriage. He had, on some pretext or the other, sent her to her parents house and did not care at all regarding her maintenance. Thus, being neglected by the non-petitioner she had been living with her parents. The non-petitioner filed his reply dated 26-6-1991 to the effect that, in ...


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