Madhya Pradesh Court September 2000 Judgments
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Raghubir Yadav Vs. Smt. Purnima Kharga (Yadav)
Court: Madhya Pradesh
Decided on: Sep-18-2000
Reported in: II(2001)DMC79
ORDERDipak Misra, J.1. Celluloid personalities, when become protagonists in a legal battle before a Court of Law, conjectures take front seat and the real essence melts into oblivion. Zealously guarded secrets get exposed and the drama unfolds itself stage after stage and the protagonists sooner or later come to their real self breaking the barrier between the appearance and reality. Such is the case of the petitioner, a cine artiste, who has pleaded that his financial position is not that good as has been determined by the learned IXth Additional District Judge, Jabalpur in a proceeding under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').2. In this civil revision challenge is to the order dated 25.9.1998 passed by the learned trial Judge in Civil Suit No. 3-A/1997 whereby he has fixed Rs. 20,000/-towards monthly maintenance allowance for the non-applicant/wife.3. The facts as have been uncurtained are that the petitioner as plaintiff initiated an ac...
Kiran BhasIn Vs. Shyam Bhasin
Court: Madhya Pradesh
Decided on: Sep-18-2000
Reported in: I(2001)DMC56
ORDERArun Mishra, J. 1. An ex-parte decree of divorce was passed against the petitioner-wife. For setting aside the same the petitioner filed M.C.C. When the date was fixed for evidence, the petitioner changed her Counsel and Vakalatnama of Mr. J.S.L. Sinha, Advocate was filed on March 13, 1999. An application was filed on behalf of the Counsel that the Counsel was having cardiac problem on the said date and was unable to pursue the case of the petitioner. Trial Court rejected the application and also closed the case as well as right of leading evidence of the petitioner on the ground that petitioner had changed certain Advocates on prior occasions and the application did not seem to be bona fide and the matter was being protracted.2. Having heard the learned Counsel for the parties, I am of the opinion that the impugned order, if allowed to stand, would occasion failure of justice. An ex-parte decree of divorce has been passed against the petitioner. It is true that petitioner had cha...
Jagdish Kumar Vs. Harishankar and anr.
Court: Madhya Pradesh
Decided on: Sep-18-2000
Reported in: 2000(4)MPHT347
ORDERA.K. Mishra, J.1. Plaintiff has preferred the present revision aggrieved by the Order passed by the learned trial Court allowing incorporation of the counter-claim in the written statement filed by the defendant No. 2, Zahur U1 Haque vide Order dated 11-8-1998.2. In short, the factual matrix giving rise to the present revision indicates that plaintiff-petitioner filed a suit in the year 1994 on deriving title on the strength of sale/deed executed on April 4, 1991 executed by Dakhobai in favour of the present plaintiff-petitioner. The plaintiff has prayed for cancellation of sale deed dated August 5, 1994 executed by defendant No. 1 Harishankar in favour of Zahur Ul Haque, defendant No. 2. The suit was filed in November, 1994.3. The defendants filed a written statement on January 20, 1996 taking the plea that sale deed executed by Dakhobai in favour of the plaintiff was wholly ineffective being nominal and void transaction and was without consideration. However, in 1998 by way of a...
Devi Das Sindhi Vs. Jagdish Vishwakarma and ors.
Court: Madhya Pradesh
Decided on: Sep-18-2000
Reported in: 2001(5)MPHT631
ORDERS.C. Pandey, J.1. This revision under Section 441-F of the Municipal Corporation Act (henceforth 'the Act') is directed against the order dated 30-6-98 passed by Ist Additional District Judge, Murwara (Katni) (Election Tribunal) in Election Petition No. 64 of 1994.2. It is not in dispute that the State Election Commission, Murwara (Katni) (henceforth 'the Commission') had issued a Notification for election of Municipal Corporation, Katni in the year 1994. According to the Notification issued by the Commission the Ward No. 41 at Katni was reserved for other backward classes. It was also not disputed before the Election Tribunal that the non-applicant No. 1 was a member of other backward class and for which a necessary proforma was issued by the competent authority on 20-4-94.3. The non-applicant No. 1 filed the said Election Petition No. 64 of 1994 before the Election Tribunal stating that sometime in the month of October, 1994 elections were to be held for Ward Members of the Ward...
Commissioner of Income Tax Vs. Satish Traders
Court: Madhya Pradesh
Decided on: Sep-18-2000
Reported in: [2001]247ITR119(MP)
C. K. Prasad, J.The assessee filed the return of income on 31-10-1989, for the assessment year 1989-90. In the return, it had appended a note mentioning that 'during the year it has received cash compensatory support of Rs. 10,98,368. The same has been treated as a capital receipt in view of the decision of the Income Tax Appellate Tribunal, Delhi Bench, in the case of Gedore Tools (India) Pvt. Ltd. case. After filing of the return, by the Finance Act, 1990, clause (iii) was inserted in section 28 of the Income tax Act, 1961, with retrospective effect from 1-4-1967. According to section 28(iiib), cash compensatory support became chargeable to income-tax under the head 'Profits and gains of business'. The return filed by the assessee was processed under section 143(1)(a) of the Act and an intimation under section 143(1)(a) of the Act dated 23-7-1990, was issued to the assessee. In this intimation, the assessing officer had made prima facie adjustment in respect of the cash compensatory ...
Ajay Johari Vs. Municipal Council
Court: Madhya Pradesh
Decided on: Sep-15-2000
Reported in: I(2005)BC605
Arun Mishra, J.1. This second appeal has been filed by the plaintiff aggrieved by the reversal of the judgment and decree passed by the Trial Court.2. The suit was filed by the plaintiff for recovery of an amount of Rs. 11,000/- along with interest against the Municipal Council, Shivpuri on the allegation that the plaintiff' was one of the tenderers to the NIT which was issued for construction of 'V shape drainage in the Municipal Council, Shivpuri at Raghvendra Nagar Colony. The tender of the plaintiff was accepted on 25.6.1991. Thereafter an agreement was executed which is Ex. D/3, on record, on 24.9.1991. Even after the execution of the agreement the defendant did not issue work order. The plaintiff continuously waited for the work order and without granting opportunity of hearing the security amount of the plaintiff of Rs. 1,600/- was deducted and from the final bill of another contract of Ward No. 10, Harijan Basti, Rs. 6,679/- was illegally deducted. The plaintiff came to know th...
Suresh Gidwani and anr. Vs. Anil Somani
Court: Madhya Pradesh
Decided on: Sep-15-2000
Reported in: 2000(4)MPHT155
ORDERR.B. Dixit, J.1. Petitioners/defendants have come up in this revision against order dated 15-2-2000 passed in Civil Suit No. 40-A/97 by Fourth Civil Judge Class-I, Gwalior, thereby striking out defence of the petitioners under Section 13 (6) of Madhya Pradesh Accommodation Control Act, 1961.2. It is not disputed that in a suit for eviction brought by plaintiff-landlord against defendants-tenants the trial Court vide its order dated 25-9-99 decided the dispute regarding arrears of rent to be deposited by the tenants. However, the petitioners-tenants failed to deposit the entire amount within the time prescribed by the Court and after expiry of the said prescribed period, the defendants moved further application under Section 151, C.P.C. not only for extending the period, but also prayed for adjustment of certain amounts of rent, which was alleged to have been previously remitted by money orders. Meanwhile, the plaintiff-landlord also filed an application under Section 13 (6) of M.P...
Hassan Khan Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-15-2000
Reported in: 2000(4)MPHT515
ORDERS.P. Srivastava, J.1. Heard the learned counsel for the petitioner.2. Perused the record.3. This writ petition invoking the jurisdiction of this Court envisaged under Article 227 of the Constitution of India is directed against an interlocutory order dated 26-5-2000 passed by the respondent-Tribunal, whereunder while issuing notice against admission of the claim petition filed by the present petitioner as well as the application seeking interim relief the Tribunal had refused to grant an exparte stay order.4. On 12-6-2000 when the case was listed again before the respondent-Tribunal the Government Advocate representing the respondents sought for an adjournment in order to enable them to file a reply in opposition to the application seeking interim relief, which was opposed on behalf of the petitioner who prayed for an interim order requiring the parties to maintain status quo. This prayer was also rejected.5. The petitioner has prayed for the quashing of both the aforesaid orders ...
Kaloo Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-15-2000
Reported in: 2001CriLJ873
ORDERMaithli Sharan, J.1. This criminal revision petition under Section 397/401 of the Code of Criminal Procedure arises out of the judgment passed by the Second Additional Sessions Judge, Ashok Nagar District-Guna in Criminal Appeal No. 159/97 dt. 25-6-98, maintaining the order of conviction passed against the petitioner by the Additional Chief Judicial Magistrate, Ashoknagar DistrictGuna under Section 25 of the Arms Act, and enhancing the sentence of imprisonment from 8 months R.I. to one year R.I.2. The brief facts of the case, lying in a narrow compass, leading to the filing of this petition, are thus; On 5-1-90 the petitioner was arrested under Section 151 of the Code of Criminal Procedure and during the search being made he was found in possession of a country made gun in two pieces for which he had no licence. The said gun, found to be in working order, was seized by the police and a case for the offence under Sections 25 and 27 of the Arms Act, 1959 was registered against the p...
Laxminarayan Vs. Tulsabai and ors.
Court: Madhya Pradesh
Decided on: Sep-14-2000
Reported in: 2000(4)MPHT351
ORDERA.K. Mishra, J.1. This revision has been filed by the judgment-debtor who suffered decree of partition. Not only the preliminary decree was passed by the Court on 28-7-90 but it was affirmed in the appeal and attained finality. Thereafter final proceedings were taken up and final decree also attained finality. Partition of a residential house was ordered by decree and while passing the final decree it was observed that it was not possible to divide the house in five shares, hence it was necessary to sell the house, and the consideration of that would be distributed amongst the parties to the suit.2. After the final decree attained finality petition was filed before the executing Court challenging the auction of the properties on the ground that plaintiff was a widow and she did not have the right to claim partition of residential house. Hence the decree is a nullity. The trial Court over-ruled the objection and came to the conclusion that these objections can not be entertained. L...
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