Madhya Pradesh Court April 2003 Judgments
Smt. Anjana Banerjee Vs. Aajad Kumar Ratna
Court: Madhya Pradesh
Decided on: Apr-30-2003
Reported in: 2003(3)MPHT344; 2003(4)MPLJ40
ORDERS.L. Jain, J.1. This is a revision under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code' for short) against the order dated 18-2-2002 passed by Sessions Judge, Satna, in Bail Application No. 80/2002, whereby respondent Aajad Kumar Ratna has been released on ad interim bail till the determination of his age for the purposes of Juvenile Justice Act.2. The facts leading to this revision petition are that a charge-sheet for the offence punishable under Sections 363, 364A and 302 of IPC was filed against the respondent and one Saiyad Minjoor Abbas for kidnapping, demanding ransome and for committing murder of Baby Pushpita. The respondent moved an application before the Additional Sessions Judge, Satna, for grant of bail under Section 439 of the Code, claiming himself to be a juvenile. The learned Additional Sessions Judge, Satna, by his order dated 8-6-2001 granted the respondent ad interim bail till the determination of his age by the co...
Tag this Judgment!Assistant General Manager, State Bank of India Vs. Asha Chouhan
Court: Madhya Pradesh
Decided on: Apr-30-2003
Reported in: 2004ACJ1474; [2004(102)FLR276]; (2004)IILLJ708MP
S.L. Jain, J.Being aggrieved by the order dated April 12, 2002 passed by the Commissioner for Workmen's Compensation-cum-Labour Court, Jabalpur hereinafter referred to as the 'Commissioner'), in Case No. 53/98 (fatal), the appellant has filed this appeal challenging the correctness, propriety and validity of the order and findings.2. Facts shorn of details and necessary for the disposal of this appeal are that the respondent had filed an application under the Workmen's Compensation Act (hereinafter referred to as the 'Act') claiming a lump sum compensation of Rs. 1,55,985.00 from the appellant-Bank, inter alia, alleging that her husband late Kishore Kumar Chouhan was in the employment of the appellant-Bank and expired on June 19, 1997 as a result of injuries sustained by him in the course of employment. It was put forth by the respondent that her husband was employed as an electrician in the appellant-Bank. It was also alleged that the monthly salary of her husband was Rs. 1,500.00.3. ...
Tag this Judgment!State Bank of India Vs. Asha Chouhan
Court: Madhya Pradesh
Decided on: Apr-30-2003
Reported in: III(2006)ACC320
S.L. Jain, J.1. Being aggrieved by the order dated 12.4.2002 passed by the Commissioner for Workmen's Compensation-cum-Labour Court, Jabalpur (hereinafter referred to as 'the Commissioner'), in Case No. 53 of 1998 (fatal), the appellant has filed this appeal challenging the correctness, propriety and validity of the order and findings.2. Facts shorn of details and necessary for the disposal of this appeal are that the respondent had filed an application under the Workmen's Compensation Act (hereinafter referred to as 'the Act') claiming a lump sum compensation of Rs, 1,55,985 from the appellant bank, inter alia, alleging that her husband late Kishore Kumar Chouhan was in the employment of the appellant bank and expired on 19.6.1997 as a result of injuries sustained by him in the course of employment. It was put forth by the respondent that her husband was employed as an electrician in the appellant bank. It was also alleged that the monthly salary of her husband was Rs. 1,500.3. The ap...
Tag this Judgment!Smt. Helen Wallia Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-29-2003
Reported in: 2004CriLJ557; 2003(4)MPHT160; 2003(4)MPLJ437
ORDERArun Mishra, J.1. Petitioner, in this writ petition, has assailed the permission (Annexure K), granted by the Commissioner, Bhopal Division, Bhopal for prosecuting the petitioner under Section 39 of the M.P. Vinirdishta Bhrashta Aacharan Nivaran Adhiniyam, 1982 (hereinafter in short referred to as 'Adhiniyam').2. It is averred in the writ petition that the petitioner are citizens and residents of Bhopal and recorded as Bhumiswami of certain lands situated at Village Koh-e-Fiza, Tehsil Huzur, District Bhopal. The disputed land was initially owned by Begum Sajida Sultana and by a registered gift deed (Annexuer A), dated 16-6-1970 entire disputed land was transferred. Proceedings under the M.P. Ceiling on Agricultural Holdings Act, 1960 were initiated against Begum Sajida Sultana wherein the said gift deed has been examined and has been found valid by the Board of Revenue as per order (Annexure B). Begum Ayesha Sultana executed a sale-deed dated 11-11-1980 to Mrs. Rasik Nagin Shah an...
Tag this Judgment!Vinod Kumar Vs. Jaglal and ors.
Court: Madhya Pradesh
Decided on: Apr-29-2003
Reported in: III(2003)ACC343
Deepak Verma, J.1. I.A. No. 1212 of 2003 has been filed by appellant for dispensing with service of notice on respondent No. 1, driver of one of the offending vehicle. He was ex parte before the Tribunal. Application perused and considered. It is allowed. I.A. stands closed.2. With consent arguments heard on merits.3. For the injuries sustained by the appellant in a motor accident, the Claims Tribunal has awarded a sum of Rs. 55,500/- to the appellant in M.V. Case No. 10 of 2001, decided on 9.3.2002.4. Appellant was travelling in a jeep, which was dashed on account of rash and negligent driving of the truck driven by respondent No. 1 owned by respondent No. 2 and insured with respondent No. 3. On account of the injuries received by the appellant he filed a claim petition, According to him 'his left shoulder was badly affected. He was required to be admitted in hospital for number of days. It is said that he was aged 35 years at the time of the accident and was doing Kirana business. He...
Tag this Judgment!Commissioner of Income-tax Vs. Shikharchand Jain
Court: Madhya Pradesh
Decided on: Apr-28-2003
Reported in: [2003]156ITR221(MP)
Dipak Misra, J.1. In this appeal preferred under Section 260A of the Income-tax Act, 1961 (for brevity 'the Act'), the Revenue has called in question the pregnability of the order dated January 5, 1999, passed by the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur (in short 'the Tribunal'), I.T.A. No. 234/Jab of 1996.2. The facts which are essential to be adumbrated are that the assessee is a Development Officer in the Life Insurance Corporation of India. He received incentive bonus from his employer and on the said sum he claimed 40 per cent. deduction in his return filed for the assessment year 1994-95. The Assessing Officer disallowed the deduction of the amount on the incentive bonus received by the assessee as it formed a part of salary and, hence, no such deduction was allowable. Being of this view he made prima facie adjustment and disallowed the claim while processing the return of the income under Section 143(1)(a) of the Act.3. Being aggrieved by the aforesaid order t...
Tag this Judgment!Commissioner of Income Tax Vs. Shikharchand Jain
Court: Madhya Pradesh
Decided on: Apr-28-2003
Reported in: (2003)183CTR(MP)500
ORDERDipak Misra, J. 1. In this appeal preferred under Section 260A of the IT Act, 1961, (for brevity 'the Act'), the Revenue has called in question the pregnability of the order dt. 5th Jan., 1999, passed by the Income Tax Tribunal, Jabalpur Bench, Jabalpur (in short 'the Tribunal') in IT A/234/Jab/1996. 2. The facts which are essential to be adumbrated are that the assessee is development officer in the Life Insurance Corporation of India. He received incentive bonus from his employer and on the said sum he claimed 40 per cent deduction in his return filed for the asst. yr. 1994-95. The AO disallowed the deduction of the amount on the incentive bonus received by the assessee as it formed a part of salary and hence, no such deduction was allowable. Being of this view he made prima facie, adjustment and disallowed the claim while processing the return of the income under Section 143(1)(a) of the Act. 3. Being aggrieved by the aforesaid order, the respondent-assessee preferred an appeal...
Tag this Judgment!Commissioner of Income Tax Vs. Sanjeev Mehrotra
Court: Madhya Pradesh
Decided on: Apr-28-2003
Reported in: 2003(4)MPHT249
ORDERDipak Misra, J. 1. In this appeal preferred under Section 260A of the Income-tax Act, 1961 (for brevity 'the Act') the Revenue has called in question the pregnability of the order dated 10-8-1999 passed by the Income Tax Appellate Tribunal, Jabalpur Bench, Jabalpur (in short 'the Tribunal') in ITA/116/Jab/98.2. The facts which are essential to be adumbrated are that the assessee is a Development Officer in the Life Insurance Corporation of India. He received incentive bonus from his employer and on the said sum he claimed 40 per cent deduction in his return filed for the assessment year 1992-93. The Assessing Officer disallowed the deduction of the amount on the incentive bonus received by the assessee as it formed a part of salary and hence, no such deduction was allowable. Being of this view he made prima facie, adjustment and disallowed the claim while processing the return of the income under Section 143(1)(a) of the Act.3. Being aggrieved by the aforesaid order the respondent...
Tag this Judgment!Ram Milan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-28-2003
Reported in: 2003(4)MPHT373
A.K. Shrivastava, J.1. This appeal has been preferred by the accused persons against the judgment of conviction and order of sentence passed by the learned IIIrd Additional Sessions Judge, Bhopal, in S.T. No. 166 of 1990 convicting the appellants of the offence punishable under Section 302/34 of the Indian Penal Code (in short 'the IPC') and sentencing them to suffer rigorous imprisonment of life.2. In brief the case of prosecution is that in the mid-night of 1-2-90 Janak Ram (hereinafter referred to as 'the deceased') was sleeping in his hut At that time accused Ram Milan and Omprakash called him to come out from the hut. As soon as he came out from his hut his mouth was tied by a torned cloth of a shirt and thereafter accused Gorabai poured kerosene oil on the deceased and accused Ram Milan lit the fire. It is alleged that a day prior to the date of incident, i.e., 31-1-90 accused Ram Milan was assaulting Tenamma and as the deceased rescued her, the accused Ram Milan threatened to ki...
Tag this Judgment!Cit Vs. Shikharchand Jain
Court: Madhya Pradesh
Decided on: Apr-28-2003
Reported in: [2003]263ITR221(MP)
Dipak Misra J.In this appeal preferred under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), the revenue has called in question the pregnability of the order dated 5-1-1999, passed by the Income Tax Appellate Tribunal, Jabalpur Bench, Jabalpur (hereinafter referred to as 'the Tribunal'), I.T.A. No. 234/Jab of 1996.The facts which are essential to be adumbrated are that the assessee is a Development Officer in the Life Insurance Corporation of India. He received incentive bonus from his employer and on the said sum he claimed 40 per cent deduction in his return filed for the assessment year 1994-95. The assessing officer disallowed the deduction of the amount on the incentive bonus received by the assessee as it formed a part of salary and, hence, no such deduction was allowable. Being of this view he made prima facie adjustment and disallowed the claim while processing the return of the income under section 143(1)(a) of the Act.Being aggrieved by the af...
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