Madhya Pradesh Court November 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
United India Insurance Co. Ltd. Vs. Kishorilal and ors.
Court: Madhya Pradesh
Decided on: Nov-21-2003
Reported in: II(2004)ACC690; 2005ACJ1399
S.S. Jha, J.1. This appeal is by the insurance company challenging the award made to the respondent Nos. 1, 2 and 3.2. Brief facts of the case are that the respondent Nos. 1 to 3 filed an application claiming compensation of Rs. 6,48,120 in the court of the Motor Accidents Claims Tribunal, Vidisha. Jeep bearing registration No. MP 04-F 1997 was owned by Mahendra Kumar, respondent No. 4 and Narendra, respondent No. 5 is the driver of the vehicle. On 26.2.1995 at about 9 in the morning jeep bearing No. MP 04-F 1997, which was being driven by Santosh Gupta respondent No. 6 in a rash and negligent manner, dashed against Bhagwan Singh, which resulted into his death. Counsel for appellant submitted that there is no proof that the accident has occurred. F.I.R. was lodged by Bhagwan Singh and he stated that he was standing near bus stand Vidisha and jeep bearing No. MP 04-F 1997 has dashed against him. The claimants are the parents and brother of the deceased.3. Counsel for the appellant submi...
Cwt . Anuradha Nagory
Court: Madhya Pradesh
Decided on: Nov-21-2003
Reported in: [2004]136TAXMAN637(MP)
ORDERS. Samvatsar, J.This reference application is filed under section 27(1) of the Wealth Tax Act at the instance of Commissioner, Bhopal. Commissioner has asked the opinion of this court on following questions of law :'1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that section 7(4) of the Wealth Tax Act, 1957 which came on the statute book with effect from 1-4-1976 could be applied in assessment years 1974-75 and 1975-76?2. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessees half share in house No. 7/197, Swarup Nagar, Kanpur was exclusively used by her for residential purposes ?2. The facts of the case are that the assessee had a half share in the house No. 7/197, Swarup Nagar, Kanpur. Other half share of the house belong to her husband. Husband and wife lived jointly in the house. The assessee has declared the value of her half share at Rs. 1,11,000, Rs. 1,11,000 and Rs. 1,...
Ku. Ruchira Guha Vs. Professional Examination Board and anr.
Court: Madhya Pradesh
Decided on: Nov-20-2003
Reported in: 2004(1)MPHT241; 2004(3)MPLJ54
ORDERDipak Misra, J. 1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner has prayed for declaration of Rule 3.9.2 of M.P. Medical and Dental Graduate Entrance Rules, 2003 as ultra vires and further to award the marks for the right answers as stated by the petitioner. Quite apart from the above a prayer has been made to produce the relevant records of the petitioner relating to Pre-Medical Test Examination, 2003 and grant such reliefs as may be deemed fit and proper in the facts and circumstances of the case.2. It is pertinent to state here that in the relief clause the prayer has been erroneously couched to strike down the Rule 3.9.2 but Mr. Jagdish Tiwari has fairly submitted that it should be 3.9.3. Accordingly we shall deal with the said Rule.3. The expose of facts is that the petitioner appeared in the Pre-Medical Test held in the year 2003 conducted by the Professional Examination Board. The petitioner was placed ...
Mangilal and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-20-2003
Reported in: 2004(1)MPHT138
Dipak Misra, J.1. In this appeal preferred under Section 374(2) of the Code of Criminal Procedure (in short 'the Code') the accused/appellants (hereinafter referred to as 'the accused') have called in question the sustainability of the judgment of conviction and order of sentence dated 1-2-92 passed by the learned First Additional Sessions Judge, Sehore in Sessions Trial No. 149/91 whereby the learned Trial Judge has found the accused persons guilty of the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (in short 'the IPC') and under Section 201 of the IPC and sentenced each of them to suffer imprisonment of life on the first count and rigorous imprisonment for three years on the second score with a stipulation that both sentences would be concurrent.2. The prosecution case, in brief, is that one month prior to 5-4-1991 the deceased, Bhagirath, after returning from a nearby jungle was sitting beneath a mango tree and, as alleged, the accused persons ...
Ajit Ajay Estate and Resorts (P) Ltd. Vs. Union of India (Uoi) and anr ...
Court: Madhya Pradesh
Decided on: Nov-20-2003
Reported in: (2004)186CTR(MP)417
ORDERA.M. Sapre, J. 1. The decision rendered in this writ shall govern disposal of other three connected writ petitions being W.P. Nos. 4136, 4137 and 4138 of 2003, as all these writs involved common question of law and fact and they are between the same parties except the difference being that of different assessment years.2. In substance, the challenge in this writ petition relates to issuance of notice under Section 148 of the IT Act (Annex. P-3), dt. 31st March, 2003. Even according to the writ petitioner, he has submitted a reply to the show-cause notice (Annex. P-4), dt. 10th April, 2003. In other words, the petitioner has already submitted to the jurisdiction of a notice issued under Section 148 and has disclosed his stand.Under these circumstances and in this view of the matter it is now for the assessing authority to take into account the reply submitted by the petitioner and act accordingly. So far as the grievance of the writ petitioner for non-supply of reasons in support o...
Smt. Satyawati Sharma Vs. Krishna Sharma
Court: Madhya Pradesh
Decided on: Nov-20-2003
Reported in: [2004(101)FLR61]; 2004(2)MPHT34
A.K. Awasthy, J.1. Appellant/defendant has preferred this appeal under Section 100 of the CPC, against the judgment and decree dated 14-8-1987 passed by IIIrd Additional District Judge, Ratlam in Civil Appeal No. 1-A/87 confirming the judgment and decree dated 12-9-81 in Civil Suit No. 5-A/80 passed by learned Civil Judge Class-I, Ratlam.2. The admitted facts of the case are that Omprakash Sharma was the Government servant and he has expired while in service. It is also the common ground that appellant is the mother and the respondent Krishna Sharma is the widow of late Omprakash.3. The case of the respondent plaintiff is that she is entitled for the family pension while the case of the appellant is that she being the mother of the deceased is entitled for the half of the family pension. The learned Courts below have held that the appellant is not entitled for the half of the family pension and as such the claim of the appellant was dismissed.4. The appeal was admitted on the following...
Kiran Gupta Vs. Pizza Hut International, Lle and ors.
Court: Madhya Pradesh
Decided on: Nov-20-2003
Reported in: 2004(3)MPLJ329; 2004(28)PTC279(MP)
P.C. Agrawal, J.1. By impugned order XIIth A.D.J., Indore in his M.J.C. No. 19/1999 (Pizza Hut International LLe v. Rakesh Sariya and Anr.) has ordered that appellant be put to civil jail for one month and the restaurant run by her in name and Logo 'Pizza Ghar' be attached under Order XXXIX Rule 2-A of the Code of Civil Procedure (Code for short) for disobedience or breach of an ad-interim injunction granted by the District Judge, Indore in Civil Suit No. 1-A/1999 (Pizza Hut and 2 Ors. v. Kakesh Sariya and Ors.) on 22/03/1999 vide Annexure P/2, later confirmed by XIIth A.D.J., Indore on 22/09/1999 vide Annexure P/3 whereby Smt. Kiran Gupta (the appellant) and Mr. Rakesh Sariya (R-4) were restrained to use trade name and logo of 'Pizza Hut'.2. The respondent Nos. 1, 2, 3 had filed a civil suit for permanent injunction and accounts. They had claimed that they are registered proprietors of trade name 'Pizza Hut' and its logo. They claimed themselves to be an International Corporation havi...
Prabhunarayan Nai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-20-2003
Reported in: 2004(1)MPHT482
S.L. Jain, J.1. Appellant Prabhunarayan Nai stands convicted for offence punishable under Section 376, IPC and sentenced to R.I. for seven years, by the impugned judgment and order dated 9-10-1998, passed by Sessions Judge, Sidhi, in Sessions Trial No. 151/97.2. The prosecution case, in brief, is that on 29-9-97 at about 10.00 A.M. prosecutrix Phoolmati (P. W. 1) was going to her cattle shed with a bucket of water to provide it to the cow. Appellant was sitting near the door of cattle shed. He caught hold of the hand of prosecutrix and when she objected, appellant pressed her neck and gagged her. The appellant pushed prosecutrix on the ground and committed rape on her. The prosecutrix tried to resist. Hearing the sound of resistance and struggle Jagmati (P.W. 2), the mother-in-law of the prosecutrix who was cooking food in the house, came out and saw the appellant committing rape on the prosecutrix. When she raised alarm, appellant threatened her. Hearing the cries of Jagmati, Sudama, ...
Kamla and ors. Vs. Durga and ors.
Court: Madhya Pradesh
Decided on: Nov-20-2003
Reported in: 2005ACJ1497
S.S. Jha and A.K. Shrivastava, JJ.1. This appeal is for enhancement of compensation awarded by the Claims Tribunal.2. Counsel for respondents has supported the award.3. Findings on the other issues are not under challenge in this appeal. Appeal is confined to enhancement of compensation only.4. The counsel for the appellants submitted that he has led evidence regarding income of the deceased Om Narayan. AW 1, Kamla Pachoriya has deposed that Om Narayan used to earn Rs. 4,500 per month. Similarly, AW 3 Santosh Kumar deposed that he was paying Rs. 4,500 per month to deceased Om Narayan. This witness is cross-examined but no suggestion is given to him regarding income of the deceased. However, AW 1 Kamla Pachoriya has not been cross-examined on the question of income of the deceased.5. When witnesses have deposed that deceased was earning Rs. 4,500 per month, finding of Claims Tribunal that the income of the deceased was Rs. 2,500 per month is set aside as it is contrary to evidence on re...
Suresh Chandra Vs. Satya Narayan
Court: Madhya Pradesh
Decided on: Nov-19-2003
Reported in: 2004(1)MPHT238
S.P. Khare, J. 1. This is plaintiffs appeal under Section 96, CPC against the judgment and decree by which his suit for specific performance of contract has been dismissed.2. During the course of hearing of this appeal it has been expressed by the learned Counsel for the appellant that he wants refund of the amount of Rs. 51,000/- from the defendant and does not want to press his suit for specific performance of contract. Therefore, the arguments on this limited question were heard.3. It is no longer in dispute that the agreements dated 22-10-1990 (Ex. P-1), dated 20-5-1991 (Ex. P-2) and dated 29-6-1991 (Ex. P-3) were executed by defendant Satya Narayan Soni. According to the plaintiff he paid an amount of Rs. 40,000/- in cash to the defendant on 22-10-1990 and an amount of Rs. 11,000/- on 20-5-1991. The defendant has denied the receipt of these amounts in cash. He has pleaded that he is carrying on the business of jewellers and the plaintiff was having dealings with him and after fina...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- Next ›
- Last »