Madhya Pradesh Court November 2004 Judgments
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Smt. Bhagwantabai and ors. Vs. Abdul Gaffar and anr.
Court: Madhya Pradesh
Decided on: Nov-16-2004
Reported in: 2005(1)MPHT251; 2005(1)MPLJ526
S.K. Pande, J.1. Being aggrieved by the judgment-decree dated 14-9-88 passed by the District Judge, Balaghat in C.A. No. 12-A/86 affirming the judgment-decree dated 5-8-86 passed by the Civil Judge Class-I, Balaghat in C.S. No. 75-A/79 plaintiff/appellants have preferred this appeal under Section 100, CPC.2. The appeal has been heard on the following substantial questions of law:-(a) Whether plaintiffs could sue for possession without claiming relief of cancellation of sale (Ex. D-2) ?(b) Whether on finding that suit lands were ancestral properly and in absence of finding that sale (Ex. D-2) was supported by legal necessity, the plaintiffs could be non-suited ?3. Late Mooka was recorded owner of suit land Khasra No. 128 area 0.21, khasra No. 143 area 0.79 acres Village Hirri, Tehsil and Distt. Balaghat. Late Mooka was survived by 2 sons late Dadu and late Kashiram. Late Dadu was survived by sons Gendalal and Kalicharan. The suit lands remained recorded jointly in the names of Gendalal,...
Shyam Bharia and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-09-2004
Reported in: 2005CriLJ1907
A.K. Shrivastava, J.1. This appeal has been preferred by the appellants against their judgment of conviction and order of sentence passed by the trial Court convicting them under Sections 399, 401, IPC and also under Section 25(1B)(a) of Arms Act.2. In brief, the case of the prosecution is that on 19-3-1999 Station House Officer Incharge received information from the informant that accused persons near the brim of Kachha road behind the building of Krishi Upaj Mandi assembled to commit dacoity and were making its preparation, as a result of which they were caught hold at the spot. At that juncture, they were talking to each other and were found making preparation to commit dacoity. Two persons on account of darkness managed to escape. At spot from appellant Shyamu Bharia 12 bore Katta and two Cartridges, from appellant Semu, sword and from appellant Guru Prasad one 'Tangi' was recovered. These weapons were seized.3. The 'Katta' which was recovered was sent to ballistic expert at Sagar,...
Nanhu Singh Vs. Jaheer and ors.
Court: Madhya Pradesh
Decided on: Nov-09-2004
Reported in: 2006ACJ803
Dipak Misra, J.1. In this appeal preferred under Section 173 of Motor Vehicles Act, 1988 (in short 'the Act'), claimant has called in question the legal acceptability of the award dated 12.8.1999 passed by the Additional Motor Accidents Claims Tribunal, Maihar, District Satna in Claim Case No. 7 of 1995 whereby the Claims Tribunal has absolved the insurance company and fastened the liability of payment of compensation on the owner, solely on the ground that, the person who lodged the F.I.R. before the investigation agency, PW 2, had stated that the petitioner claimant was travelling in a truck bearing registration No. UP 32-A 6597 and whereas in his statement in court, he has stated that he was standing on the roadside, where the truck hit him. As there was a discrepancy in the statement, claimant can be treated as a passenger and, therefore, the claimant is not entitled to get any compensation from the insurance company.2. It is not disputed before this court that the accident had occ...
Guruvachan Kaur and ors. Vs. Iqbal Singh Chhawda and ors.
Court: Madhya Pradesh
Decided on: Nov-09-2004
Reported in: 2006ACJ649
S.S. Jha and Sheela Khanna, JJ.1. This appeal is filed by the claimants for enhancement of compensation and against the finding of the Claims Tribunal holding that insurance company is not liable to indemnify the insured on the grounds mentioned in the order.2. Counsel for the appellants submitted that since the deceased was travelling with his own goods in the said truck, therefore, insurance company is liable to indemnify the insured. Counsel for appellants read evidence on record and while reading evidence of Angrez Singh, AW 1, she referred para 3 of the deposition. In para 3, it is deposed that his father deceased Joginder Singh has purchased clothes for marriage and tin of ghee and was travelling with his goods in the truck and truck turned turtle on way. He died on the spot in the accident.3. Counsel for the appellants submitted that since deceased was travelling with his own goods, therefore, insurance company is liable to indemnify the insured. Claims Tribunal has committed er...
Galiya Bai Vs. Mohd. Saheed
Court: Madhya Pradesh
Decided on: Nov-09-2004
Reported in: 2006ACJ815
Dipak Misra, J.1. In this appeal the claimant-appellant has assailed the award dated 16.9.1999 passed in M.V.C. No. 2 of 1998 by the Additional Motor Accidents Claims Tribunal, Dindori.2. On a perusal of the award, it is discernible that the death of Tulak Singh has occurred on 26.2.1989, in an accident caused by motor cycle. The claim petition was filed by his daughter in the year 1998. Claims Tribunal has rejected the claim petition on the ground of limitation. The Tribunal in para 8 has recorded a finding that though there has been deletion of Sub-section (3) of Section 166 of the Motor Vehicles Act, 1988, the claim was barred by time when the said provision was in force and, therefore, the claim could not be entertained.3. On the basis of the aforesaid, the claim case was dismissed. That apart, the Tribunal has also recorded a finding that the claim petition was not tenable as the death had occurred after five days of the accident. Assailing the aforesaid award it is submitted by M...
Goden Prasad and anr. Vs. Manua and anr.
Court: Madhya Pradesh
Decided on: Nov-05-2004
Reported in: 2004(4)MPHT457
ORDERA.K. Shrivastava, J.1. Heard on the question of admission.2. This revision petition has not been filed against any order but the petitioners are anticipating their arrest by Judicial Magistrate First Class, Bina in Criminal Case No. 896/2000 which is a private complaint and has been filed before it by respondent Manua purporting to be under Section 3/4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and also under Sections 500, 294, 506B and 420, IPC It is said that Magistrate framed charges against present petitioners under Sections 504, 506A and 500, IPC. Since the complaint has also been filed in order to attract the provisions of Sections 3 and 4 of the Act, according to learned Counsel, the learned Magistrate is going to commit the case to 'Special Court' specified under the Act after taking into custody the petitioners. Hence this revision petition has been filed.3. The contention of Shri Vijay Pandey, learned Counsel for th...
Smt. Uma Tiwari Vs. Vikrant Tiwari
Court: Madhya Pradesh
Decided on: Nov-05-2004
Reported in: I(2005)DMC690; 2005(1)MPHT360; 2005(1)MPLJ356
S.S. Jha, J.1. This unfortunate case relates to a young couple, who wants divorce by consent. Both the parties had reached a decision that they can not live together and filed a petition under Section 13B of Hindu Marriage Act before Family Court, Gwalior, praying therein that decree for divorce by mutual consent be granted. Petition was filed on 15th January, 2004. Court after receiving the application fixed the case six months after filing of the application and recorded the evidence of wife and husband on 23-7-2004. After recording the evidence, Family Court has held that it has no jurisdiction to entertain the dispute. Family Court held that parties were married at Bhind and parties lived together as husband and wife at Bhopal therefore, husband's application before the Family Court at Gwalior is not maintainable. Section 19 of the Hindu Marriage Act is amended by Marriage Laws (Amendment) Act, 2003 on 23-12-2003. As per amendment cause of action to file petition shall be at place ...
Commissioner of Income Tax Vs. State Bank of Indore
Court: Madhya Pradesh
Decided on: Nov-04-2004
Reported in: (2005)193CTR(MP)68
ORDERA.M. Sapre, J.1. This is an income-tax reference made Under Section 256(1) of the IT Act at the instance of Revenue (CIT) in RA Nos. 154 & 155/Ind/1997 arising out of an order dt 5th Aug., 1997, passed by Tribunal in ITA Nos. 210 & 211/Ind/1992 for answering following two questions of 'law which arise out of an order passed by the Tribunal in aforementioned order (5th Aug., 1997) :'1. Whether, on the facts and circumstances of the case, the learned Tribunal was justified in directing the allowance of interest on suspense account amounting to Rs. 1,37,13,839 for asst. yr. 1985-86 and Rs. 48,19,674 for asst. yr. 1986-87 following the Tribunal's order dt. 23rd May, 1997 in the assessee's case in Intt. Tax Appeal Nos. 1 & 2/Ind/1993 for asst. yrs. 1985-86 & 1986-87 which was not accepted by Revenue.2. Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in confirming the order of the CIT(A), directing the AO that no part of interest paid by th...
Sanju Alias Sanjay and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-04-2004
Reported in: 2005(1)MPHT152; 2005(1)MPLJ334
A.K. Shrivastava, J.1. This appeal has been preferred against the judgment of conviction and order of sentence dated 20-12-2000 passed by IInd Additional Sessions Judge, Betul in S.T. No. 189/99 convicting the appellants under Sections 376(2)(g) and 450, IPC and sentencing him to suffer R.I. for 10 years and fine Rs. 200/-each, in default R.I. for one month under Section 376(2)(g), IPC and R.I. for 3 years and fine Rs. 200, in default, R.I. for 1 month each.2. In brief the case of prosecution is that in between the night of 12 and 13-12-1999 prosecutrix was in her house alongwith her two children. In the night she noticed that somebody is knocking the door, as a result of which she peeped from window and saw present appellants and one Uttam Ghote. It is said that at the instance of Uttam Ghote, she opened the door and thereafter accused persons entered inside the house. Appellant Sanju was carrying a knife. Thereafter Banti and Surendra Aathole also arrived there. Banti gave threat to ...
State of M.P. and anr. Vs. Sushri Manorama Gour
Court: Madhya Pradesh
Decided on: Nov-04-2004
Reported in: 2005(2)MPHT108; 2005(2)MPLJ323
ORDERS.L. Jain, J.1. Being aggrieved by the order dated 11-2-2003 passed in Writ Petition No. 5461/2002, appellants have filed this Letters Patent Appeal under Clause 10 of the Letters Patent.2. The facts leading to the filing of this appeal tersely recited are thus:--2.1. Respondent Smt. Manorama Gour, is the elected Mayor of Municipal Corporation, Sagar, having been elected on 28-12-99. Out of 48 elected Councillors, 38 moved a proposal of recall of Mayor under Section 24 of Municipal Corporation Act (hereinafter referred to as 'the Act') and presented the same to the Divisional Commissioner, Sagar (hereinafter referred to as 'the Commissioner'). The Mayor took the objection before the Commissioner that some of the signatures on the proposal were forged and signatures of some of the Councillors were obtained by misrepresentation. The plea of respondent did not find favour with the Commissioner and the Commissioner forwarded the proposal of recall to the State Government.2.2. Responde...
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