Madhya Pradesh Court November 2003 Judgments
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Dev Prakash Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-11-2003
Reported in: 2004(2)MPHT121; 2004(2)MPLJ343
S.L. Kochar, J.1. The appellant has filed this appeal dissatisfied with the judgment passed on 7-4-1995 rendered in S.T. No. 210/89 by learned 1st Addl. Sessions Judge, Mhow, District Indore, whereby convicted the appellant under Section 302, IPC and sentenced to undergo R.I. for life and fine of Rs. 500/-; in default of payment of fine to undergo one month R.I.2. The prosecution case as put forth before the Trial Court was that on 27-4-1989 in the night, during patrolling, police received information near Bherugarh from Jeet (P.W. 3) about a dead body lying in a nala. On this information, merg No. 6/89 (Ex. P-1) was registered. For protection of the dead body one chowkidar was deputed and on 28-4-1989 inquest of the dead body vide Ex. P-2 was prepared. Map (Ex. P-3) was also prepared on the same day. Police has seized blood stained earth, stone and controlled earth and stone. From the spot one blue colour chappal, white glass, broken soda bottle, small button and other articles were s...
Astha Textile Co. Ltd. Vs. Indo Rama Synthetics (i) Ltd.
Court: Madhya Pradesh
Decided on: Nov-11-2003
Reported in: IV(2004)BC508; (2004)1CompLJ481(MP)
ORDERA.M. Sapre, J.1. This is a company petition filed under Section 433(e) of the Companies Act against the respondent company known as Indo Rama Synthetics (I) Ltd. (hereinafter referred to as 'company') seeking for its (company's) winding up. The winding up is sought essentially, or rather, only on the ground falling under Section 433(e) of the Act contending that the company has failed to pay a sum of Rs. 4,39,466 to the petitioner, i.e., inability to pay the debt.2. It is the case of the petitioner that they purchased certain goods from the respondent, but respondent though agreed to give cash discount to petitioner, failed to do so. It is contended that respondent issued credit notes worth Rs. 4,39,085 in favour of petitioner, on different dates between 1997 to 1998, yet did not either repay the money or gave credit of the same amount. It is for realisation of this amount, the petitioner went on to press upon the respondent to pay and eventually, when found that respondent is not...
Ganga Vs. Satish Sitole
Court: Madhya Pradesh
Decided on: Nov-11-2003
Reported in: I(2004)DMC592
A.K. Awasthy, J.1. Appellant/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 23.10.2001, passed by IXth Additional District Judge, Indore in Hindu Marriage Case No. 383/98, whereby the decree of judicial separation is passed by the learned Trial Court.2. This appeal will also decide the counter Appeal No. 593/01 (Satish Sithole v. Smt. Ganga) filed by the respondent against the same judgment and decree, whereby the claim of the respondent against the petitioner for dissolution of marriage on the ground of cruelty and desertion was dismissed and the impugned decree of restitution of conjugal rights was passed.3. Admitted facts of the case are that the marriage in between the appellant and the respondent was performed on 22.5.1992 at Mandleshwar according to the Hindu rites and customs and out of the wedlock the appellant had delivered one son Chetan on 28.2.1993. It is also the common ground that the respondent husband is ...
V.K. Kaul Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-11-2003
Reported in: 2004(4)MPHT390; 2004(1)MPLJ104
Dipak Misra, J.In this batch of appeals, the factual matrix and grounds urged being common, it was heard analogously and is disposed of by this common order.1. The compass of the factual score as depicted is that the appellants were charge-sheeted on the foundation that on 5-3-1999, they went on a strike sat on 'Dharna 'for seeking implementation of pay scales recommended by the 5th Pay Commission, thought the Management-Company had incurred a loss to the tune of Rupees Twenty Crores and further that they did not discharge their duties faithfully from' 5-3-1999 to 29-3-1999 affecting the production of the Company and used abusive language.2. After framing of charges, an Enquiry Officer was appointed to enquire into the allegations. All the charges levelled against the appellants were proved. The Disciplinary Authority concurred with the findings of the Enquiry Officer and passed an order of dismissal.3. As there is no provision of appeal, the appellants approached this Court invoking i...
Ramesh Chandra Shrivas Vs. Shri Murti Ramchandraji
Court: Madhya Pradesh
Decided on: Nov-07-2003
Reported in: 2004(1)MPHT225
ORDERA.K. Shrivastava, J. 1. Expressing a sanguine doubt with regard to the correctness and soundness of the decision rendered in the case of Santosh Kumar v. Jama Masjid Committee, Sagar, 1998 (1) MPJR 111, the learned Single Judge while hearing this Second Appeal thought it apposite to put the controversy to rest, the matter should be heard by a Larger Bench to adjudge the acceptability of the ratio laid down in the case of Santosh Kumar (supra) and on that foundation he made a recommendation for reference as a consequence of which the . matter has been placed before us.2. One of the substantial question of law which has been formulated by the learned Single Judge while admitting the second appeal is:--'Whether the notification dated 7-9-89 under Sub-section (2) of Section 3 of the M.P. Accommodation Control Act, 1961 would apply to the suit filed on 8-3-1989 ?' 3. On a bare perusal of the aforesaid substantial question of law, it is gathered that the suit was instituted prior to the...
Commissioner of Income Tax Vs. Madhya Pradesh Audyogik Vikas Nigam Ltd ...
Court: Madhya Pradesh
Decided on: Nov-07-2003
Reported in: (2004)192CTR(MP)423; [2005]274ITR625(MP)
Dipak Misra, J.1. The present appeal preferred Under Section 260A of the IT Act, 1961 (hereinafter referred to as 'the Act') was admitted on the following question of law :'Whether the Tribunal was justified in its computation of gross total income for the purpose of conferral of benefit of Section 80M of the IT Act, 1961 without deducting the benefit covered Under Section 36(l)(viii) of the Act from the gross total income as provided Under Section 80B(5) ?'2. The facts which are necessitous to be stated for the purpose of disposal of this appeal are that the assessee, M.P. Audyogik Vikas Nigam Ltd., Bhopal, (hereinafter referred to as 'the Nigam') filed its return for the asst. yr. 1989-90 on 29th Dec, 1989, disclosing total income of Rs. 2,01,98,450. The AO completed the assessment Under Section 144 of the Act by order dt. 20th Feb., 1992 and determined the total income at Rs. 3,00,00,000. The aforesaid determination was assailed in an appeal and the appellate authority set aside the...
Cit Vs. Madhya Pradesh Audyogik Vikas Nigam Ltd.
Court: Madhya Pradesh
Decided on: Nov-07-2003
Reported in: [2004]140TAXMAN388(MP)
ORDERDipak Misra, J. The present appeal preferred tinder section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') was admitted on the following question of law:-'Whether the Income Tax Appellate Tribunal was justified in its computation of gross total income for the purpose of conferal of benefit, of section 80M of the Income Tax Act, 1961 without deducting the benefit covered under section 36(1)(1,iii) of the Act from the gross total income as provided under section 80B(55)?'2. The facts which are necessitous to be stated for the purpose of disposal of this appeal are that the assessee, M.P. Audyogik Vikas Nigam Limited, Bhopal (hereinafter referred to as 'the Nigam') filed its return for the assessment year 1989-90 on 29-12-1989 disclosing total income of Rs. 2,01,98,450. The assessing officer completed the assessment under section 144 of the Act by order dated 20-2-1992 and determined the total income at Rs. 3,00,00,000. The aforesaid determination was assaile...
Krishi Vikas Nagar Grih Nirman Sahakari Sanstha Maryadit Vs. State of ...
Court: Madhya Pradesh
Decided on: Nov-06-2003
Reported in: 2004(1)MPHT459
ORDERA.M. Sapre, J.1. By filing this writ under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of letter, dated 26-10-2002 (described as Prapatra-04) whereby it is informed to the petitioner by Nazul Officer - Indore that the land in question can not be allotted to the petitioner as the same is reserved/earmarked for setting up of Indore Gem Jewellery Park and Software Park.2. Heard Shri G.M. Chafekar, learned Senior Counsel with Shri P.V. Bhagwat, learned Counsel for petitioner and Shri Atul Shridharan, learned Government Advocate for respondents.3. Having heard learned Counsel for the parties and having perused record of the case, I find no merit in this writ hence, it merits dismissal.4. Even according to petitioner - a Society, there was no agreement muchless concluded one in their favour ever entered into by the respondent-State for allotment of the land in question. In other words, in the absence of any concluded agreement entered into between th...
Smt. Pramila Bai and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Nov-06-2003
Reported in: 2004(2)MPHT119
ORDERA.M. Sapre, J.1. It is a writ filed under Article 227 of the Constitution of India by the petitioner seeking quashing of the revisionary order, dated 22-6-2002 (Annexure P-9), passed by Board of Revenue which in its turn affirms the order, dated 14-6-2000, passed by Commissioner (Annexure P-6) arising out of an order, dated 22-6-1996 (Annexure P-2), passed by S.D.O., Indore.2. In all these proceedings, the lower authorities while suo motu initiating the proceedings against the proceedings in relation to land in question held that the land was not allotted to the petitioners in accordance with the rules applicable for allotment of land. In other words, it was noticed and then eventually held in the inquiry that there were several irregularities committed by the granting authority while allotting the land to the petitioners. Notice of such cancellation of allotment was served on the petitioners. They filed reply. As taken note of supra, the S.D.O. then Commissioner as an Appellate C...
Gokul Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-06-2003
Reported in: 2004(2)MPHT114; 2004(1)MPLJ306
Ashok Kumar Tiwari, J.1. Appellant stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life vide judgment dated 30-5-1995 passed by learned IV Additional Sessions Judge, Dhar, M.P. in Sessions Trial No. 88/95.2. Facts not disputed are that Bheru Singh (P.W. 1) is the elder brother, Ram Kunwarbai (P.W. 2) is the sister and Kumari Kalpna (P.W. 3) is the daughter of the deceased Narayan Singh. Appellant Gokul Singh resides in the neighbourhood of the Bherusingh (P.W. 1) at Village Sihodakhurd, P.S. Kanvan, District Dhar (M.P.).3 (a). Briefly stated the case of prosecution is that on 8-11-1994 at about ten O'clock in the night, Bheru Singh (P.W. 1) was at his house when the appellant came there and abused him and the deceased, and challenged them to come out. Bherusingh (P.W. 1) tried to pacify him and he took him to his house but the appellant came again and threaten that he will kill Narayan Singh. Bheru Singh (P.W. 1) again took him to his house and closed ...
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