Madhya Pradesh Court February 2003 Judgments
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Sitaram Vs. Smt. Shyamadevi and anr.
Court: Madhya Pradesh
Decided on: Feb-07-2003
Reported in: II(2003)DMC105; 2003(2)MPHT419; 2003(2)MPLJ242
ORDERSubhash Samvatsar, J.1. This petition is filed by the applicant Sitaram under Section 482, Cr.PC praying for quashing all the proceedings in Criminal Case No. 230/2001, Shyamadevi v. Sitaram. 2. Facts of the case are that respondent No. 1 Shyamadevi filed a complaint against the present applicant alleging that she is married wife of the applicant. Marriage between the applicant and the respondent was solemnised in the year 1948. Out of the wed-lock three issues were born out of which one son Ramprakash and a daughter Sarladevi is alive. She alleged that in spite of the fact that the complainant is alive the applicant married to one Shantidevi without obtaining any decree of divorce. The Court below register the offence under Section 494, IPC hence this petition is filed under Section 482, Cr.PC for quashing the charge. 3. Counsel for applicant submits that the case for committing offence under Section 494, IPC cannot be initiated against the applicant as per the allegations made i...
Sabir Mohammad Qureshi Vs. Anil Kumar Kalra and anr.
Court: Madhya Pradesh
Decided on: Feb-06-2003
Reported in: 2004ACJ1405
Bhawani Singh, C.J.1. Through this appeal, award passed by Motor Accidents Claims Tribunal, M.C.C. No. 12 of 1998, dated 29.8.2000, has been challenged.2. On 9.11.1996 at about 11.30 p.m. claimant was going through Kohefiza on scooter. When he reached Kohefiza Police Post, Maruti car No. MP 04-D 0078 driven rashly and negligently came on the wrong side and hit the claimant. He suffered injuries to head, nose, left forearm, right foot and back. He fell unconscious and was shifted to Kohefiza Hospital. It was found that his forearm of left hand had fractured, operated, nail inserted and screwed. He got treatment at Indore also. Left hand forearm suffered permanent disability. Matter was reported to the police and driver was prosecuted and punished having confessed the crime.3. Vehicle was insured with Oriental Insurance Co. Ltd., owned and driven by Anil Kumar Kalra. Claimant is Assistant Administrative Officer, New India Assurance Co. Ltd., Bhopal. He is sportsman of repute having won m...
Mohd. Nasir Vs. Angad Prasad and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2003
Reported in: I(2006)ACC516; 2005ACJ1960; 2003(4)MPLJ95
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Raisen, in Claim Case No. 11 of 1993, dated 1.3.1993.2. Briefly stated, accident took place on 7.6.1993, when bus No. MP 09-S 0125 dashed against truck No. CIJ 1567. The bus was driven by Angad Prasad, owned by Sunil Kumar Jain and insured with Oriental Insurance Co. Ltd. As a result of this accident, the claimant suffered injuries to nose, forehead between two eyebrows. His allegation is that he lost his eyesight in this accident, which happened due to rash and negligent driving of the bus. The opposition to the claim is that the truck owner and driver have not been made party to the case. Driver did not possess valid driving licence, liability of insurance company is limited. That apart, other facts have been disputed. The Claims Tribunal holds that bus was being driven rashly and negligently and caused the accident, is not proved. It is also not proved that the claimant was travelling...
State Bank of Indore Vs. Balaji Traders Jarye Proprietor Veerendra Mah ...
Court: Madhya Pradesh
Decided on: Feb-05-2003
Reported in: AIR2003MP252; II(2003)BC531; 2003(2)MPLJ200
P.C. Agarwal, J.1. Appellant is a scheduled Bank. By impugned order A.D.J., Ganjbasoad sitting in Lok Adalat on 21.2.93 granted a decree for--(a) Rs. 33,003.88 with interest @ 4% per annum from the date of institution of suit i.e. 23.11.87.(b) facility of payment of the same in six equal instalments to the respondent was given with a default clause.(c) both parties had to bear their own costs in the circumstances of the case and looking to the penury of the respondent.(d) certified Advocate's fee was to be added to the decree. (c) Court fees paid was ordered to be returned to the appellant.2. Appellant had filed this civil suit on 23.11.87 for recovery of Rs. 36,603.88 with interest @ 14% per annum since 25.9.87 with the prayer for recovery of the same amount by sale of plot equitably mortgaged.3. On 21.2.93 at Lok Adalat held at Basoda the respondent filed an application claiming that only Rs. 20,000 were advanced to him as loan out of which Rs. 9000 have been deposited before the sui...
Commissioner of Income Tax Vs. Smt. Saraswati Jaiswal
Court: Madhya Pradesh
Decided on: Feb-05-2003
Reported in: (2003)184CTR(MP)432; [2003]264ITR358(MP)
Dipak Mishra, J.1. This is an application under Section 256(2) of the IT Act, 1961. In this application, following questions are proposed by the Revenue calling for statement of facts from the Tribunal :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the order of the learned CIT(A) that the income of the assessee should be assessed under the head 'Capital gains' and not under the head 'profit arising from the adventure in the nature of trade' as assessed by the AO. (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law that the case record reported in CIT v. Shahsi Kumar Agrawal : [1992]195ITR767(All) is distinguishable as in the above said case agricultural land has been sold in pieces whereas in the case of the assessee developed plots are sold with intention to earn more profit as mentioned in the statement of facts ?'2. This Court had issued notice to the assessee on whose b...
Commissioner of Income-tax Vs. Mehrotra Brothers
Court: Madhya Pradesh
Decided on: Feb-05-2003
Reported in: [2004]270ITR157(MP)
1. This is an appeal under Section 260A of the Income-tax Act, 1961. At the outset we may mention that when this appeal was presented no question of law was framed by the appellant. Later on, two questions of law have been framed. They read as under :'(1) Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified for setting aside the order of the Commissioner of Income-tax under Section 263 of the Income-tax Act ?(2) Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in accepting the cash credit only on the identity of the creditor without verification of capacity/credit worthiness of the creditors in the light of the judgment reported in Shankar Industries v. CIT : [1978]114ITR689(Cal) ; Gee Vee Enterprises v. Addl. CIT : [1975]99ITR375(Delhi) ; CIT v. Kohinoor Tobacco Products P. Ltd. : [1998]234ITR557(MP) ; Nanak Chandra Laxman Das v. CIT : [1983]140ITR151(All) and Malabar Industrial Co. Ltd.V. CIT [200...
Cit Vs. Smt. Saraswati Jaiswal
Court: Madhya Pradesh
Decided on: Feb-05-2003
Reported in: [2003]131TAXMAN306(MP)
ORDERDipak Misra, J.This is an application under section 256(2) of the Income Tax Act, 1961. In this application, following questions are proposed by the revenue calling for statement of facts from the Income Tax Appellate Tribunal :'(i) Whether on the facts and in the circumstances of the case, the confirming the order of the learned Commissioner (Appeals) that the income of the assessee should be assessed under the head capital gains and not under the head profit arising from the adventure in the nature of trade as assessed by the assessing officer.(ii) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law that the case record in : [1992]195ITR767(All) is distinguishable as in the above said case agricultural land has been sold in pieces whereas in the case of the assessee developed plots are sold with intention to earn more profit as mentioned in the statement of facts2. This court had issued notice to the assessee on whose behalf Mr. Sumit Nem...
Rajju @ Rajkumar and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-04-2003
Reported in: 2003(2)MPHT513; 2003(4)MPLJ417
ORDERNarain Singh 'Azad', J.1. The petitioners seek quashment of FIR in Crime No. 132/2002, of Police Station, Shahpura, Distt. Dindori, and a direction that the aforesaid crime be investigated by some independent agency.2. Before examining the facts, it would be useful to consider the legal position on the question under what circumstances and in what categories of cases the High Court can quash the FIR or a complaint, in exercise of powers under Article 226 of Constitution of India or under Section 482 of the Code of Criminal Procedure, are explained by Their Lordships of Supreme Court in State of Haryana v. Bhajanlal, reported in 1992 AIR SCW Page 237, the relevant portion runs as under:--'In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of t...
Meena Devi and ors. Vs. Laharchand and ors.
Court: Madhya Pradesh
Decided on: Feb-04-2003
Reported in: I(2004)ACC41; 2005ACJ366
Deepak Verma and N.K. Jain, JJ.1. Both these appeals under Section 173 of Motor Vehicles Act, 1988, arise from the award dated 13.4.1999, passed by III Addl. Motor Accidents Claims Tribunal, Khargone, in Claim Case No. 10 of 1998.2. The Appeal No. 622 of 1998 is by the claimants seeking enhancement of the amount of award, while Appeal No. 796 of 1999 is filed by State Government seeking its exoneration from payment of any part of the amount of award.3. It is no more in dispute that deceased Tarachand aged about 30 years, died in a motor accident who was at the relevant point of time, driving a Maruti car, which dashed against the stationary truck loaded with iron bars. As a result of the said accident, Tarachand sustained serious injuries and later on died in the hospital.4. The truck in question was insured with New India Assurance Co. Ltd. for third party risk and was in the custody of Police Station, Dhamnod in connection with some criminal case.5. The Tribunal below, on appreciatio...
Sachiv, Krishi Upaj Mandi Samiti Vs. Aditya S/O Baijnath Shukla
Court: Madhya Pradesh
Decided on: Feb-04-2003
Reported in: (2003)IIILLJ555MP; 2003(2)MPHT398
ORDERA.M. Sapre, J.1. Having heard the learned Counsel for the petitioner and having perused the record of the case, I find no merit in the writ and hence, it merits dismissal in limine. 2. It is a writ under Article 227 of the Constitution of India. It seeks to assail an award dated 5-10-2002, passed by Labour Court, Khandwa in Case No. 18 of 2000, whereby the Labour Court has been pleased to answer the reference made under Section 10 of the Industrial Disputes Act in favour of respondent by directing his reinstatement in service with full backwages. 3. I concur with all the factual findings recorded by the Labour Court while answering the reference in respondent's favour. As observed supra, consequent upon the termination of respondent from service, an industrial reference under Section 10 of the Act was made to Labour Court to decide the legality of the termination order. Parties led evidence. It was, however, concluded on facts and evidence that respondent has worked continuously f...
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