Madhya Pradesh Court March 2003 Judgments
Babudas Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: 2003(2)MPHT425; 2004(1)MPLJ329
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence passed by the learned Sessions Judge, Balaghat in Sessions Trial No. 8/90 convicting the appellant/accused under Section 302 of the Indian Penal Code (in short 'the IPC) and sentencing him to suffer rigorous imprisonment of life, the accused/appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure.2. The case of the prosecution is that Gomadas (P.W. 5) is having two sons, namely, Suresh and Maheshlal. The names of the two daughters of Gomadas are Sulochana Bai and Durga Bai (hereinafter referred to as 'the deceased'). The deceased Durga Bai was younger to Sulochana Bai. On 16-5-1989 the deceased was married to the accused/appellant. Only two days after the date of the marriage of the deceased, the marriage of Mahesh Lal, the younger son of Gomadas, took place with the sister of accused at Village Lohara. It is said that on 16-6-89 or near about by this date Sur...
Tag this Judgment!Ms. Bhantabai and ors. Vs. Sub-divisional Officer and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: 2003(3)MPHT131
ORDERS.L. Jain, J.1. Being aggrieved by the order dated 31-10-2000 passed by the learned Single Judge in Writ Petition No. 533/1984, appellants have filed this appeal under Clause 10 of the Letters Patent.2. A brief resume of the facts required to be stated for the disposal of the appeal is that the appellants are the legal representatives of Bheekam Singh. This Bheekam Singh was a grand son of Halke Singh who was a Malguzar of Village Baroda, Tehsil Sihora, District Jabalpur. The land in question, i.e., Khasra Nos. 240/1 and 240/2 admeasuring 20 acres was under the personal cultivation of Malguzar Halke Singh as kudh kast land. After death of Halke Singh his widow Smt. Chaina Bai came in possession of the land in dispute. In the year 1948-49 the land was under the control and occupation of Bheekam Singh and his grand mother Smt. Chaina Bai. A large number of Palash and Chhewla trees were standing on the land. The owners of the land used to collect lac from these trees. Thus, according...
Tag this Judgment!Smt. Sunita Vs. Priya Kumar
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: II(2003)DMC167; 2003(3)MPHT154
A.K. Gohil, J. 1. Appellant/wife has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 challenging the part of the judgment and decree dated 16-10-1999 rendered by IXth Additional District Judge, Indore, in Hindu Marriage Case No. 62 of 1998, whereby she was granted a decree of judicial separation instead of a decree for divorce. 2. Brief facts of the case, as per the appellant/petitioner-wife, are that she was married with the respondent/husband on 17-7-1994 at Indore. Thereafter, they lived together upto 1-1-1997 in pieces but they are not having any relation w.e.f. 1-1-1997. On 15-11-1996 and 2-1-1997 she served notices and then filed a petition for divorce on 16-12-1997, on the ground of cruelty. The petitioner submitted in the petition that she was having old widow mother and one unmarried elder brother in the family. The respondent/husband was making accusation against the appellant/wife that she is having illicit relations with her own elder brother and the ...
Tag this Judgment!Surajmal and anr. Vs. Sunderlal and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: 2003(3)MPHT158; 2003(2)MPLJ408
ORDERN.K. Jain, J. 1. This reference has been made to resolve the conflict between two sets of Single Bench decisions of this Court viz.; Sawal Singh, 2002(4) M.P.H.T. 200 = 2002(11) MPJR 169; Narsingh, 2002(11) MPJR 165; and Hanuman Datt, 2002(4) M.P.H.T. 343 = 2002(4) MPLJ 354, on the point of tenability of revision against an order passed in appeal under Order 43 Rule 1 of the Code of Civil Procedure, arising from the order of the Trial Court deciding application for temporary injunction under Order 39 Rules 1 and 2 of the Code. The question referred for our decision is : 'Whether the order passed in appeal under Order 43 Rule 1 of CPC deciding an application under Order 39 Rules 1 and 2 of CPC one way or the other, can be challenged by taking recourse to revisional jurisdiction of this Court under Section 115 of CPC' 2. In Sawal Singh and Narsingh (supra), it is held that the order passed in appeal under Order 43 Rule 1, CPC in which application under Order 39 Rules 1 and 2, CPC wa...
Tag this Judgment!Jyoti Prakash Shukla Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: AIR2004MP100; 2003(3)MPHT317; 2003(4)MPLJ421
ORDERS.L. Jain, J. 1. Being aggrieved by the order 6-2-2003 passed by the learned Single Judge in Writ Petition No. 529/2003, the appellant has filed this Letters Patent Appeal under Clause 10 of Letters Patent. 2. Facts shorn in details and necessary for disposal of this appeal are as follows. Appellant is Secretary of the Devi Rudhpriya Shiksha Prasar Samiti, Chhatarpur (hereinafter referred to as 'Samiti'). The said Samiti opened a school, i.e., Adrash Kanya Higher Secondary School, in the year 2001 with the permission of the District Education Officer, Chhatarpur. The appellant applied for recognition of this institution for high school and higher secondary school examination for the academic session 2003 but because of certain deficiencies such as want of departmental permission from the State Government for running 12th Class, lack of trained teachers, non-availability of play ground, proper infrastructure etc., and absence of concrete plan for the construction of the school buil...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Anil Kumar Grover
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: 2003(3)MPHT534
ORDERS.L. Jain, J.1. Being aggrieved by the order dated 19-9-2002 passed by the learned Single Judge in Writ Petition No. 3391/2002, the appellants have filed this appeal under Clause 10 of Letters Patent.2. The brief resume of the facts required to be stated for disposal of this appeal is as follows :--The respondent claims to be a reputed and recognized contractor in the field of construction besides being accredited with the skilful construction of monolithic structures. He has successfully executed a number of big works. It is put forth that he is equated with construction companies like M/s. Larsen & Toubro Ltd., M/s. Ircon International Ltd. and M/s. Simco Birla, Ltd. etc.3. In the month of January, 2002, the appellant No. 3 through public notice invited applications from eligible contractors enlisted with MES, PWD and CPWD etc. for issue of tender forms in respect of two different works, viz., (1) Replacement/new construction of EDK Magazines (Phase II) at Ordnance Factory, Kham...
Tag this Judgment!Commissioner of Income-tax Vs. Smt. Saraswati Bai Jaiswal
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: [2003]264ITR366(MP)
Dipak Misra, J.1. This is an appeal preferred under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). This appeal was admitted on the following substantial questions of law :'1. Whether, on the facts and circumstances of the case, learned Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal erred in giving direction to the Assessing Officer to assess the income of Rs. 2,65,370 from sale of plot under the head 'Capital gain' in place of adventure in the nature of trade and business assessed by Assessing Officer ? 2. Whether, on the facts and circumstances, the learned Tribunal was right in deciding the case relying on a decision against which reference under Section 256(2) of the Income-tax Act is pending before the court ?' 2. Mr. Sumit Nema, learned counsel appearing for the assessee-respondent, submitted that the controversy involved in this case is no more res integra inasmuch as this court in I. T. R. No. 123 of 1998 (CIT v. Smt....
Tag this Judgment!Narmadabai and ors. Vs. Kamal Kishore and anr.
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: 2004ACJ644
Verma and Seth, JJ. 1. Mr. S. Patwa, the learned counsel for appellants.None for respondent No. 1.Mr. Sudhir S. Dandwate, the learned counsel for respondent No. 2. They are heard on M (C) P No. 2313 of 2002 made by appellants praying for condonation of delay. The appeal is barred by 5 days. For the reasons recorded in the said application, we are of the considered opinion that the delay has properly been explained. Thus, the delay stands hereby condoned.2. Heard on I.A. No. 4403 of 2002, made by appellants for deleting the name of appellant No. 4 Ganga Bai on account of her death. It has also been mentioned that all her other legal representatives are already on the record. Application perused and considered. The same is hereby allowed. Necessary deletion be made during the course of the day.3. They are also heard on I.A. No. 653 of 2003 made by appellants for dispensing with service of notice on respondent No. 1, who was ex parte before the Claims Tribunal. Application perused and con...
Tag this Judgment!Ramchandra Vs. Niyaz HussaIn and ors.
Court: Madhya Pradesh
Decided on: Mar-31-2003
Reported in: II(2004)ACC762; 2005ACJ1294
A.K. Gohil, J.1. Appellant-claimant has filed this appeal under Section 173 of the Motor Vehicles Act (for short 'the Act') against the award dated 7.7.1999 passed by Second Additional Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 226 of 1997, by which the Tribunal has dismissed the claim on the ground that he has already received compensation for the damage of his jeep from his own insurance company.2. Undisputedly, the brief facts of the case are that on 8.6.1996, while claimant was going from Neemuch to Mandsaur in his own Commander jeep bearing registration No. MP 14-5862, near Malhargarh one truck No. CPF 9907 which was being driven by respondent No. 2 Omprakash, rashly and negligently, came from opposite side and dashed the jeep. The claimant as well as the persons travelling in the jeep sustained injuries and the matter was reported to P.S. Malhargarh. Thereafter, the injured-claimant aged about 40 years was admitted in the District Hospital, Mandsaur where he rema...
Tag this Judgment!Govindi Vs. Dharamraj and ors.
Court: Madhya Pradesh
Decided on: Mar-28-2003
Reported in: 2003(2)MPHT232; 2003(3)MPLJ84
ORDERS.K. Seth, J. 1. This is a revision by the father of the deceased/Rajkumar against the judgment of acquittal passed by the Sessions Judge, Sagar on 10-8-1991 in theSessions Trial No. 146/91. By the impugned judgment accused/non-applicant Nos. 1 to 4 have been acquitted of the charge under Section 302 read with Section 34 of the IPC.2. Police, Sagar after completing the investigation of the case registered at Crime No. 126/91, charge-sheeted accused persons Dharamraj, Raju @ Rajendra, Darai @ Daryav and Uday Prakash @ Udayraj for the alleged commission of the offence punishable under Section 302 read with Section 34 of the IPC. The accused persons were alleged to have committed the murder by causing repeated knife blows on the person of the deceased/Raj-kumar.3. Before the Sessions Judge accused/non-applicant Nos. 1 to 4 were tried for offence punishable under Section 302 read with Section 34 of the IPC for having committed murder of one Rajkumar at about 7.00 in the evening on 15-...
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