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Madhya Pradesh Court March 2004 Judgments

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Mar 03 2004

Kalabai Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Mar-03-2004

Reported in: 2004(3)MPHT51

S.L. Kochar, J. 1. Being dissatisfied with the judgment dated 24-5-1999, rendered in Sessions Trial No. 14/99, by the learned Sessions Judge, Ratlam, whereby he convicted the appellant for the offence under Sections 302 and 328 of IPC, sentenced to suffer imprisonment for life with fine of Rs. 500/-; in default whereof to undergo one month S.I. and two year's R.I. respectively, the appellant has preferred this appeal. Both the substantive sentences were directed to run concurrently.2. Briefly stated the prosecution case before the Trial Court was that appellant Kalabai was married with deceased Shankarlal who was younger to her in age. After the marriage, she remained at her parents' house for twelve months and came to her in-laws house just before 2-3 days prior to the incident. On 10-12-1998, in the morning, Shantabai (P.W. 8), went to fetch water; at that time appellant and her husband Shankarlal were in the house. Appellant prepared tea and served the same to her husband Shankarlal...


Mar 03 2004

Suresh Chandra Pandey Vs. State of Madhya Pradesh and ors.

Court: Madhya Pradesh

Decided on: Mar-03-2004

Reported in: 2005(1)MPHT117; 2004(3)MPLJ316

ORDERDipak Misra, J.1. The petitioner was appointed as a Lower Division Clerk on 22-8-1964 and was promoted to the post of Upper Division Clerk Grade-II on 27-7-79. He passed the Accountants Training Examination on 30-4-80 and was promoted as Accountant on 30-6-82 and retired as Accountant on 31-3-98 on attaining the age of superannuation.2. According to the writ petitioner he was getting the pay scale of Accountant of Rs. 1320-2040/-. As setforth, the feeder post for cadre of Accountant as per Madhya Pradesh Class III (Ministerial) Forest Service Recruitment Rules, 1978 (hereinafter referred to as 'the Rules') is Upper Division Clerk Grade-II the pay scale of which is Rs. 1200-2040/-. It is urged that the pay scale of State employees have been revised with effect from 1-1-1996 vide Notification No. 6-27-2-CR-98, dated 9- 3-98 issued by the competent authority. It is urged in the petition that certain clarifications were issued vide Annexure A- 1, dated 3-2-2001 wherein Rule 10 (2) of ...


Mar 03 2004

Satish Kumar Vs. M.P. State Road Transport Corporation and anr.

Court: Madhya Pradesh

Decided on: Mar-03-2004

Reported in: II(2004)ACC878

Deepak Kumar, J.1. Since both the appeals arise out of the same award passed by the Motor Accident Claims Tribunal, Indore in M.V. Case No. 18/91, decided on 14.7.1993, they have been heard analogously and are being disposed of by this common judgment. One appeal has been preferred by the claimant for awarding him compensation at the enhanced rate and another has been preferred by the owner and driver of the bus for reducing the amount of compensation of Rs. 1,50,000/-.2. Material facts are mentioned herein below: On 20.3.1990, in the morning at about 11.30 to 11.45 a.m. respondent Satish Kumar met with an accident while he was travelling on his Luna observing the road rules. A bus belonging to the M.P.S.R.T. Corporation appellant No. 1, driven by respondent No. 2, came and violently dashed against the respondent. The respondent sustained compound fracture of hip bone and other injuries. His injury was certified as permanent in nature by the doctor Devendra Kumar Jain, RW. 5. The docto...


Mar 01 2004

Prakash Chand Vs. Deputy Commissioner of Income Tax and anr.

Court: Madhya Pradesh

Decided on: Mar-01-2004

Reported in: (2004)188CTR(MP)1; [2004]269ITR260(MP)

ORDERA.M. Sapre, J.1. The short question that arises for consideration in this writ is, whether respondent No. 1--Dy. CIT, Circle-5, Indore was justified in issuing the impugned notices under Section 148 of the IT Act (Annex. A-5 to A-8) to the petitioner for the asst. yrs. 1997-98, 1998-99, 1999-2000 and 2000-2001. Facts of the case are not in dispute. Indeed, in income-tax matters, facts are mostly not in dispute and hence, the Courts are mostly concerned with the applicability of legal questions arising out of the controversy.2. It is not in dispute that assessment of years in question, referred supra, are complete and orders have also been passed, the last being made on 31st March, 2001 by AO. It appears that on 25th Jan., 2002, the AO, who had made the aforementioned assessment, received the report of valuation officer in respect of valuation of petitioner's house in question. It is on the strength of this valuation report, the AO found that petitioner had shown less investment in...


Mar 01 2004

ishwar Singh Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-01-2004

Reported in: 2004CriLJ2776; 2004(2)MPHT506; 2004(2)MPLJ479

Ashok Kumar Tiwari, J.1. Appellant herein stands convicted under Section 307 of Indian Penal Code vide judgment passed by learned 2nd Additional Sessions Judge, Neemuch District Mandsaur in Sessions Trial No. 253/92.2. (a) Prosecution's case, in brief, is that on 10-9-1992 at about 6.30 P.M. in village Bhavrasa when Laxman Singh (P.W. 7) was wrapping his Dhoti after attending the call of nature, appellant Ishwar Singh came there riding on a motorcycle along with two companions. He parked his motorcycle leaving its engine on and he took out a pistol and fired it on Laxman Singh (P.W. 7). Laxman Singh (P.W. 7) received the bullet injury on right side of the abdomen. No sooner he was hit by the pistol shot, he ran away from there. Appellant and his both companions chased him and they caught hold of him near the farm of Kishan Singh. Laxman Singh (P.W. 7) raised a cry when appellant again tried to fire pistol shot to him, but pistol did not fire. Then the appellant took out a knife and he ...


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