Madhya Pradesh Court July 2003 Judgments
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Shekhar Bhargava Vs. Indore Municipal Corporation and ors.
Court: Madhya Pradesh
Decided on: Jul-10-2003
Reported in: 2004(1)MPHT378
S.K. Seth, J. 1. This is an intra Court appeal under Clause X of the Letters Patent for expunging certain remarks made by the learned Single Judge against the appellant herein while disposing of the Writ Petition No. 942 of 2002.2. Facts and circumstances leading to the remarks are as under. One writ petition on behalf of and for Vijay Bajaj was filed on 24-6-2002. One Amarlal Wadhwani father in law of Vijay Bajaj duly signed the said petition. Amarlal Wadhwani had also sworn the affidavit in support of the writ petition and filed the Vakalatnama. In Para 5.1 of the prescribed format, it was mentioned that as Vijay Bajaj had to go out of the station (Indore) all of a sudden and since the matter was urgent, hence it is being filed as mentioned above and no sooner Vijay Bajaj is available his affidavit and Vakalatnama would be filed. Writ Petition without any office objection was listed before the Court on 1-7-2002 and 5-7-2002 but on both dates could not reach the Board. Ultimately, on ...
Ganraj Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-10-2003
Reported in: 2004(2)MPHT294; 2004(2)MPLJ95
S.L. Jain, J. 1. Appellant Ganraj stands convicted for offence punishable under Section 302, IPC with sentence of imprisonment for life vide impugned judgment dated November 10, 1990, passed by the Addl. Sessions Judge, Multai, District Betul, in Sessions Trial No. 51/89.2. Appellant/accused is the brother of deceased. The prosecution case is that on 15-10-88 one Muniraj (P.W. 1) went to his field alongwith his wife Smt. Kashi Bai for harvesting the paddy crop. At about 11.30 A.M. Kashi Bai went towards her well to fetch water. She found a dead body lying in the well. She informed her husband about the presence of the dead body in the well. Muniraj also went there and saw the dead body in the well. He could not identify the dead body. He informed about the presence of the dead body to certain persons who were ploughing in the neighbouring fields. He rushed to Village Angariya and informed Kotwar Kunwar Lal about the presence of the dead body in his well. He also searched the Sarpanch t...
Assistant Commissioner of Income-tax Vs. Gendalal Hazarilal and Co.
Court: Madhya Pradesh
Decided on: Jul-09-2003
Reported in: (2003)185CTR(MP)373; [2003]263ITR679(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 penetrability of the order passed by the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal'), in I. T. A. No. 243/Ind of 1997 dated January 25, 1999.2. The facts as have been depicted are that the respondent-assessee's firm carries on business of liquor contract. For the assessment year 1993-94, the asses-see was handling Sehore Group, Ashta Group and Doraha Group of shops. It filed the return disclosing income of Rs. 98,245 which was the profit as per the profit and loss account after allowing interest and remuneration to partners. The profit prior to allowing of interest and remuneration was Rs. 3,89,525 which was said to be supported by the certificate issued by the competent authority of the Excise Department. As per P-5 certificate for the three groups, the profit worked out to Rs. 3,89,525. As observed in th...
Ambika Prasad Bakshi and anr. Vs. Onkar Prasad Saini and ors.
Court: Madhya Pradesh
Decided on: Jul-09-2003
Reported in: AIR2005MP60
S.L. Jain, J.1. Being aggrieved by the order dated March 20, 2003, passed by the learned single Judge, in Writ Petition No. 5498/2000, appellants have filed this Letters Patent Appeal under Clause 10 of the Letters Patent.2. The brief resume of the facts required to be stated for disposal of this appeal is as follows :--A Civil Suit No. 76-A/61 was filed in the Court of Civil Judge Class II, Sagar by Babu Gokul Prasad as plaintiff against the defendants Laxman and Jairam, alleging that he purchased the suit-land bearing Khasra No. 503, area 5 acres, situate at Moza Sagar Khas, Tahsil and District Sagar, from Babu Shiv Prasad and Babu Kashi Prasad on 30-11-1958. The defendants entered into illegal possession of the said land. They neither paid the damages nor delivered possession of the suit-land in spite of notice by the plaintiff.3. The defendants pleaded that the sale-deed in favour of the plaintiff dated 3-11-1958 is a fictitious and sham transaction which was not meant to be acted ...
Mahender Vs. Ajaykumar Mitra and ors.
Court: Madhya Pradesh
Decided on: Jul-09-2003
Reported in: 2005ACJ1005
Deepak Verma and S.K. Seth, JJ.1. This is an appeal for enhancement of compensation awarded by Additional Member, Motor Accidents Claims Tribunal, Badwani, in Claim Case No. 131 of 2001; decided on 10.5.2002.2. On account of an accident the appellant suffered personal injury for which he lodged a claim for compensation against the respondents on the ground that respondent No. 2 Rampal caused the accident due to rash and negligent driving of the passenger bus bearing registration No. MKN 4786 on 24.12.2000. The Tribunal found that respondent No. 2 was responsible for causing accident. At the time of accident the offending vehicle was owned by respondent No. 1 and was insured with respondent No. 3. This finding has not been assailed before us; thus, we affirm the same.3. The learned counsel for the appellant submitted that looking to the nature and the extent of various injuries sustained by appellant in the said accident the Claims Tribunal awarded a lump sum amount of Rs. 2,00,000 only...
Mangilal Vs. Devkaran and ors.
Court: Madhya Pradesh
Decided on: Jul-09-2003
Reported in: 2005ACJ189
Deepak Verma and S.K. Seth, JJ.1. Mr. S.B. Shrungarpure, learned counsel for the appellant; none for respondent Nos. 1 and 2 though served; Mr. Lokesh Mehta, the learned counsel for respondent No. 3.2. With consent arguments heard. The claimant has filed this appeal for enhance ment of the compensation awarded to him by the 2nd M.A.C.T., Dhar in Claim Case No. 26 of 1999 decided on 30.1.2002.3. On 15.11.1998, the appellant along with his wife was returning home in bus No. MP J 3-C 3965. The said bus belonged to respondent No. 2 and was being driven by the respondent No. 1. On account of the rash and negligent driving, respondent No. 1 lost control over the vehicle, as a result of which the bus fell into the river near Kalapipal. 5-6 other passengers travelling in the said bus died. The appellant sustained serious personal injuries. On account of the injuries the appellant was immediately rushed to the Government Hospital, Ujjain where for want of adequate medical facilities, appellant ...
Aadesh Kumar Patel Vs. Managing Director, M.P. Financial Corporation a ...
Court: Madhya Pradesh
Decided on: Jul-09-2003
Reported in: AIR2004MP253
S.L. Jain, J.1. Being aggrieved by the order dated 5-5-2003 passed by the learned single Judge in writ petition No. 665/2002, the appellant has 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 as follows : The appellant filed above referred writ petition alleging that Central Food Technological Research Institute, Mysore introduced a scheme of Mini Rice Mills. The appellant being impressed by the scheme decided to establish a Mini Rice Mill at Anchalkheda, District Hoshangabad. He approached respondent 1, Madhya Pradesh Financial Corporation (hereinafter referred to as the 'Corporation'), for grant of loan. The Corporation sanctioned a loan of Rs. 1,82,000/-, which was repayable in specified instalments along with interest. A sum of Rs. 1,25,000/- was released to the appellant by Corporation and he had also invested a sum of Rs. one lac from his own sources.3. Appellant also alleged that the s...
Mahendra Mandloi Vs. Ajay Kumar Mitra and ors.
Court: Madhya Pradesh
Decided on: Jul-09-2003
Reported in: I(2004)ACC747
Deepak Verma, J.1. This is an appeal for enhancement of compensation awarded by the Additional Member, Motor Accident Claims Tribunal, Badwani in Claim Case No. 131/2001 decided on 10th May, 2002.2. On account of an accident the appellant suffered personal injury for which he lodged a claim for compensation against the respondents on the ground that respondent No. 2 Rampal caused the accident due to rash and negligent driving of the passenger bus bearing Registration No. MKN-4786 on 24th December, 2000. The Tribunal found that the respondent No. 2 was responsible for causing accident. At the time of accident the offending vehicle was owned by respondent No. 1 and was insured with respondent No. 3. This finding has not been assailed before us; thus, we affirm the same.3. Learned Counsel for the appellant submitted that looking to the nature and the extent of various injuries sustained by the appellant in the said accident the Tribunal awarded a lumpsum amount of Rs. 2.00 lakhs only whic...
Gopal Vs. Balbir Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-09-2003
Reported in: III(2004)ACC199
Deepak Verma, J.1. The respondent No. 3 has filed reply to the I.A. No. 3894 of 1999 which is an application for condonation of delay in preferring the appeal. The appeal is barred by ten days. We have perused the application and heard the learned Counsel. The application for condonation of delay is duly supported by an affidavit. We have no reason to disbelieve the averments made in the application and the supporting affidavit. In our opinion sufficient cause has been made out for not preferring the appeal within limitation. Thus, we condone the delay, I.A. No. 3894 of 99 is allowed and stands closed.2. With consent arguments heard.3. This appeal has been preferred for enhancement of compensation which has been awarded by the third Addl. Motor Accident Claims Tribunal, Ratlam in Claim Case No. 29 of 98 decided on 27th February, 1999.4. The appellants are the parents of the deceased Bhawarlal who filed claim petition against the respondents for damages and compensation on Account of de...
Rameshchandra Agrawal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-08-2003
Reported in: 2004CriLJ721; 2003(3)MPHT554; 2003(4)MPLJ213
S.L. Kochar, J. 1. This revision has been filed by the father of deceased daughter, who was married with respondent No. 2 Sanjay Gupta, against the order dated 8-4-2003, passed by II Addl. Sessions Judge, Mhow, (Smt. (S.B. Rehman) in S.T. No. 383/2002, whereby rejected the prayer of the applicant for grant of time to appear and examine witness Komalbai, mother of deceased daughter and for issuance of direction to the prosecution to produce the letters written by the deceased seized during investigation by the police and also sent for examination by handwriting expert. 2. The important facts giving rise to this revision are as follows :-- 3. The applicant's daughter Geeta was married with respondent No. 2 Sanjay Gupta and died in the house of her in- laws because of burn injuries. On report, police has investigated the matter and filed the charge-sheet against the non-applicant Nos. 2 to 8 for the offences under Sections 498A, 306/34, IPC. It is alleged by the prosecution that she met u...
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