Madhya Pradesh Court April 2003 Judgments
Cit Vs. Sanjeev Mehrotra
Court: Madhya Pradesh
Decided on: Apr-28-2003
Reported in: (2003)184CTR(MP)592
ORDERDipak 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 10-8-1999, passed by the Tribunal, Jabalpur Bench, Jabalpur (hereinafter referred to as the Tribunal) in ITA/116/Jab/98.2. The facts which are essential to the adumbrated are that the assessee is Development Officer in the LIC of India. and 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-assessee prefe...
Tag this Judgment!Glencore India Pvt. Limited and ors. Vs. Metalman Industries Limited a ...
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: 2003CriLJ3368; 2003(3)MPHT415; 2003(3)MPLJ161
ORDERS.L. Kochar, J. 1. The petitioners have filed this petition under Section 482, Cr.PC for quashing Criminal Complaint No. 1711/2002 and issuance of process to the petitioners by the learned Judicial Magistrate First Class (Mr. D.N. Patil), Indore for the offence punishable under Sections 418 and 420 of the Indian Penal Code. 2. The factual matrix giving rise to the dispute between the parties are as follows :-- Respondent No. 1 has filed criminal complaint against the petitioner and respondent No. 2, alleging that respondent No. 1/complainant is a Company incorporated under the Companies Act, 1956 whereas the respondent No. 2 is a Company situated in Switzerland and deals with the business of export of zinc and other products. The petitioner No. 1/Glencore India Pvt. Ltd. is an Indian Company which is an Indian counterpart of respondent No. 2/Glencore International AG Company and manages affairs in India. Petitioner No. 2 Sudhir Sharma is a General Manager and petitioner No. 3 Lali...
Tag this Judgment!Ramesh Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: 2004CriLJ62; 2003(4)MPHT78
Dipak Misra, J.1. This writ petition preferred under Article 226 of the Constitution of India was instituted at the instance of the petitioner who has been convicted under Section 20(b)(ii) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, in default, to suffer further rigorous imprisonment for a period of three years in Special Case No. 6/99% by the learned Special Judge, NDPS, Indore. Being aggrieved by the said judgment of conviction he has preferred a Criminal Appeal No. 151/2000 in the High Court at Indore Bench which is pending for disposal. While suffering incarceration he sent the present application challenging the constitutional validity of Section 41 of the NDPS (Amendment) Act, 2001 (Act No. 9 of 2001). As the writ petition was instituted on the basis of the application received from the convict from jail we thought it appropriate to...
Tag this Judgment!Mohammad Asif Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: 2003(4)MPHT343
Awasthy, J.1. The appellant has preferred this appeal against judgment dated 11-5-1990 passed by IVth Additional Sessions Judge, Bhopal in Sessions Trial No. 32 of 1989 against his conviction under Section 302 of the Indian Penal Code and sentence of life imprisonment.2. The prosecution case is that on 28-9-1988 at about 1.35 P.M. at Kabitpura, Bhopal, deceased Irfan had scuffle with the appellant and the appellant took out the knife and gave blow on the chest of Irfan. That Irfan ran towards his house and he was chased by the accused. When the deceased reached his house the accused went away saying that he will not leave him to go to the hospital. Eye witnesses of the offence are mother of deceased Khalikulnisha (P.W. 5), her daughter-in-law Kiswar Jahan (P.W. 4) and her son Taufique (P.W. 9). Kiswar Jahan (P.W. 4) rushed to the Police Station, Shahjahanabad and First Information Report (Ex. P-7) was recorded on that very day at about 1.51 P.M. by Assistant Sub-Inspector R.N. Mishra (...
Tag this Judgment!Kamal and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: 2003(4)MPHT406; 2003(4)MPLJ262
A.K. Awasthy, J.1. Appellants/accused have preferred this appeal against judgment dated 20-12-1989 passed by 1st Additional Sessions Judge, Chhindwara in Sessions Trial No. 115 of 1986 against their conviction under Section 302, IPC for life imprisonment, under Section 376, IPC for 7-7 years, and also under Sections 363 and 201 of the IPC for a period of 5-5 years. All the sentences were ordered to run concurrently.2. The admitted facts of the case are that in the month of April, 1986, a village Mela was held near Village Ramakona in which there was a Zoo known as Chidiyaghar. That the appellants/accused were employed by manager as servants of the Chidiyaghar.3. The prosecution case is that on unfortunate day of 2-4-1986 at about 5 P.M. in Village Ramakona when deceased Ku. Ruchi alias Rachna aged about 5 years was playing in front of her house with Ku. Archana (P.W. 4) and other girls, then appellant Narayan came there and took Ruchi alias Rachna to his Chidiyaghar. The prosecution ha...
Tag this Judgment!Rammilan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: 2003(4)MPHT469
A.K. Awasthy, J.1. Being aggrieved by the judgment dated 7-2-1990, delivered by the First Additional Sessions Judge, Shahdol in Sessions Trial No. 86 of 1989 convicting the accused under Section 302 read with Section 34 of the Indian Penal Code and sentencing for imprisonment for life, this appeal is preferred by the accused/appellants.2. Admitted facts of the case are that accused No. 1 Rammilan and deceased Rampratap were real brothers and accused No. 2 Ram alias Ramprasad and accused No. 3 Laxman are sons of accused No. 1 Rammilan. Mahadeo (P.W. 1) aged 10 years and Usha (P.W. 4) aged 13 years are son and daughter respectively of the deceased Rampratap.3. Succinctly, the prosecution case is that on 29-4-1989 at about 11.00 a.m. at Village Kuthadi, when the deceased Rampratap was going on bicycle with his son Mahadeo (P.W. 1) to nearby market, then about 1/2 kilometer away from the village, accused Nos. 2 and 3 stopped the deceased and started beating him. That the accused Nos. 2 and...
Tag this Judgment!Sadashiv Shivram Garud and ors. Vs. Food Corporation of India and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: (2004)ILLJ353MP; 2003(4)MPLJ183
Bhawani Singh, C.J.1. These Letters Patent Appeals (LPA No. 735/2002 - Sadashiv Garud v. Food Corporation of India and Ors., LPA No. 772/2002 - Balwant Jayaram Birari v. Food Corporation of India and Ors., LPA No. 773/2002 - Jagdish Chandra Littoriya v. Food Corporation of India and Ors., and LPA No. 775/2002 - Madhukar Ramrao Kurhade v. Food Corporation of India and Ors. are proposed to be decided by this judgment, since common questions arise for consideration and determination.2. Sarvashri Sadashiv Shivram Garud, Balwant Jayaram Birari and Madhukar Ramrao Kurhade are Assistant Grade-I (Depot) while Jagdish Chandra Littoriya is Assistant Grade-II (Depot) in the Food Corporation of India (forshort Corporation). With regard to an incident of1987-1988, the Corporation filed FirstInformation Report with the Central Bureau ofInvestigation on July 19, 1991 against Shri R, A.Gupta, Assistant Manager (Depot), Shri R.K.Damani, Contractor, and Sri Pradeep K. Pandey(representative - R.K. Damani...
Tag this Judgment!Jamna Prasad Chourasia Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: 2004(1)MPHT400; 2003(4)MPLJ398
ORDERDipak Misra, J. 1. In invocation of the extra-ordinary jurisdiction of this Court the petitioner, a member of the Jila Sahakari Kcndriya Bank Maryadit, Sagar a co-operative society, has prayed for issue of a writ of certiorari for quashment of the order dated 27-11-2000 (Annexure P-1), passed by the Madhya Pradesh State Co-operative Tribunal (in short 'the Tribunal').2. The facts as have been adumbrated in the writ petition and discernible from the impugned order are that the petitioner availed a loan of Rs. 88,000/- from the aforesaid society for the purpose of purchasing a vehicle in the year 1987. He had deposited more than Rs. 24,000/- by end of the Ninth decade of the last century. In spite of the aforesaid deposit the bank forcibly took possession of the vehicle, a car, on 3-7-90 and instead of disposing the same kept it in an open space exposed to the vagaries of nature, as a result of which the value of the car got depreciated. Apart from the aforesaid loss the petitioner ...
Tag this Judgment!Pyarsingh Vs. Kamlabai and ors.
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: 2004ACJ902
Deepak Verma and S.K. Seth, JJ.1. Mr. Manish Jain, learned counsel for appellant.None for respondent Nos. 1 and 2.Mr. H.G. Shukla, learned counsel for respondent No. 3. They are heard on I.A. No. 1148 of 2003, an application made by appellant for dispensing with service of notice on respondent Nos. 1 and 2. Application considered. It is hereby allowed. With consent arguments heard on merits.2. For the injuries sustained by the appellant in a motor accident whereby he had suffered compound and multiple fractures on both legs, a total amount of Rs. 1,50,000 has been awarded to him by the Claims Tribunal vide its order dated 16.3.2002. Evidence of PW 1 Dr. Sahid Hussain and PW 2 Sushil Gupta would show that his permanent disability in both legs was to the tune of 32.6 per cent. At the time of the accident he was aged about 38 years and was engaged in the business of selling chat from his shop. The injuries have been described at length by PW 1, Dr. Sahid Hussain. There was also shortening...
Tag this Judgment!Pyar Singh Vs. Smt. Kamlabai @ Smt. Vijendra Singh
Court: Madhya Pradesh
Decided on: Apr-25-2003
Reported in: III(2003)ACC420
Deepak Verma, J.1. They are heard on I.A. No. 1148 of 2003, an application made by appellant for dispensing with service of notice on respondent Nos. 1 and 2. Application considered. It is hereby allowed.2. With consent arguments heard on merits.3. For the injuries sustained by the appellant in a motor accident whereby he had suffered compound and multiple fractures on both the legs, a total amount of Rs. 1,50,000/- has been awarded to him by the Claims Tribunal vide its order dated 16.3.2002. Evidence of P.W. 1 Dr. Sahid Hussain and P.W. 2 Sushil Gupta would show that his permanent disability in both the legs was to the tune of 32.6%. At the time of the accident he was aged about 38 years and was engaged in the business of selling Chat from his shop. The injuries have been described at length by P.W. 1 Dr. Sahid Hussain. There was also shortening of leg by 2 cms. We have also seen the photograph of appellant filed before the Claims Tribunal. We are fully satisfied with regard to the n...
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