Madhya Pradesh Court April 2004 Judgments
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Ramesh Singh Pawar Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Apr-05-2004
Reported in: 2005ACJ894; AIR2005MP2; 2004(3)MPHT237; 2004(2)MPLJ506
ORDERRajendra Menon, J.1. Petitioner father of a young boy namely Vinod, aged about 6 years at the relevant time when he died because of an accident arising out of electrocution has filed this petition claiming compensation from the respondents for death of his son.2. It is the case of the petitioner that respondent Nos. 4 and 5 who are resident of the same village illegally put electric wire from the electric pole for the purpose of running a Tube-well in their house.3. On 23-3-98 petitioner's son Vinod came in contact with the live electric wire which was hanging from the pole as a result of which he suffered electric shock and died on the spot. FIR (Annexure P-1) was lodged and a case under Section 304A of IPC has been registered against respondent Nos. 4 and 5. Copy of the challan and connected papers are filed as Annexure P-1.4. It is the case of the petitioner that the aforesaid accident occurred because of the negligence on the part of respondent Nos. 1 to 3/Board, in not conduc...
Umesh Shrivastava Vs. Master Mohit Shrivastava and anr.
Court: Madhya Pradesh
Decided on: Apr-05-2004
Reported in: 2005(2)MPHT78; 2005(1)MPLJ575
ORDERS.K. Pande, J.1. This revision under Section 115 of CPC is directed against the order dated 28-3-2001 passed by 4th ADJ, Bhopal in M.J.C. No. 22/99 whereby the application under Section 20 of the Hindu Adoptions and Maintenance Act filed by the respondents has been allowed.2. Admittedly, respondents Mohit and Nilesh aged about 12 and 10 years respectively are sons of petitioner Umesh Shrivastava. Petitioner filed a suit for dissolution of marriage against wife Smt. Mamta Shrivastava mother of respondents. Since the respondents are living with mother Smt. Mamta and the petitioner failed to maintain them, an application under Section 20 of the Hindu Adoptions and Maintenance Act has been filed claiming maintenance at the rate of Rs. 1500/- per month to each of the respondent. The application aforesaid has been resisted by the petitioner stating inter alia that the respondents' mother Smt. Mamta Shrivastava herself is suitably employed, and from earning is able to maintain the respon...
M.P. Electricity Board and ors. Vs. Kalekhan
Court: Madhya Pradesh
Decided on: Apr-02-2004
Reported in: I(2005)ACC71; AIR2004MP248; 2004(2)MPHT412
ORDERSubhash Samvatsar, J.1. This revision is filed by the defendant challenging an order dated 18-12-98 passed by 6th Addl. District Judge, Gwalior in Civil Suit No. 1-B/91 whereby issue No. 5 is tried as preliminary issue and decided against the present petitioner.2. Brief facts of the case are that the respondent filed a suit for compensation for the injuries sustained by him due to the fall of electric pole on his body on 16-6-88. Due to the said accident the respondent plaintiff suffered various injuries and, therefore, he filed the present suit for compensation on 25-6-91. In the plaint it is alleged that the cause of action to the present suit was accrued on 16-6-88 and the period of limitation for claiming compensation is three years which expired on 15-6-91. However, at that time the Court was closed due to summer vacation and 22-6-91 was the last day of summer vacation. 23-6-91 was Sunday. 24-6-91 was a holiday due to Ed-ul-Zuha and the suit was filed on 25-6-91 i.e., the Cou...
G.S. Associate Vs. Kamlendra Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2004
Reported in: 2004(4)MPHT275; 2004(3)MPLJ286
Dipak Misra, J.1. The spinal issue that has spiralled to this Court under Article 226 of the Constitution of India is whether the Bharat Sanchar Nigam Limited (for short 'BSNL') had acted in conformity with the rules, circulars and guidelines while calling for lenders and further a significant issue whether the effect and impact of the action should be lightly brushed aside or to be dealt with an iron hand as there had been allegations of interpolation administrative scam to favour a group of contractors who worked for the BSNL.2. We must say at the very outset that when the order passed by the learned Single Judge was called in question before us, there was attack touching the height of the Mount Everest that the BSNL had not preferred any appeal and, therefore, should be silenced at the very beginning and not he allowed to put forth its arguments or points. When the heal was able to create volcanic eruption slowly the coolness of the sea abound prevailed and eventually this Court pas...
Commissioner of Income Tax Vs. Fakirchand Dayaram
Court: Madhya Pradesh
Decided on: Apr-01-2004
Reported in: (2004)188CTR(MP)577
1. This is an application under Section 256(2) of the IT Act, against the order of the Tribunal, dt. 15th Sept., 1995, whereby the Tribunal refused to make a reference of the question of law to this Court for being answered by it.2. Learned counsel appearing for parties submitted that the matter projected in this reference is covered by a judgment of this Court passed on dt. 14th April, 2003, CIT v. Ajanta Talkies, in IT Ref. No. 100 of 1998. Copy of the order has been produced before us. In this case also the question was with regard to receipt of subsidy by the assessee which could be treated as capital receipt.3. This Bench in the matter of Ajanta Talkies (supra) after placing reliance on a judgment of the Supreme Court reported as CIT v. Rajaram : [2001]251ITR427(SC) held that subsidies are in the nature of revenue receipts and are liable to be taxed and they are to be added in the income while calculating total income. Thus, this reference is also answered accordingly, in favour o...
Smt. Noor Bee (Deceased) Through L.Rs. and anr. Vs. Smt. Afroj Bee and ...
Court: Madhya Pradesh
Decided on: Apr-01-2004
Reported in: 2004(3)MPHT271
S.K. Seth, J.1. Appellants, who are the legal representatives of original tenant Smt. Noor Bee, have preferred this second appeal against the judgment and decree dated 23-7-2003 passed by XVth Additional District Judge, Indore in Civil Appeal No. 43/2003. By the impugned judgment and decree, appeal preferred by the tenant was dismissed and the eviction decree passed by the Trial Court in Civil Suit No. 503-A/98 was maintained.2. Respondent No. 1 is the widow of Fazil Mohammad and respondent Nos. 2 and 3 are the sons of late Fazil Mohammad. They filed a civil suit against Smt. Noor Bee and appellant No. 4 on the allgations that the respondents are the owner and landlord of house No. 204/3 situated in Juna Risala, Indore. The said house was let out to Smt. Noor Bee on monthly payment of rent of Rs. 100/- for residential purposes. According to plaintiffs, Smt. Noor Bee had not paid the rent since January, 1983. The plaintiffs served a notice. After service of notice, Smt. Noor Bee deliber...
Shri NalIn Kant Gala Vs. Commissioner, Income Tax
Court: Madhya Pradesh
Decided on: Apr-01-2004
Reported in: 2004(4)MPHT460
Arun Mishra, J.1. This appeal has been preferred by the assessee aggrieved by order (Annexure A-12) passed by the Income Tax Appellate Tribunal, on 29-10-99 by which appeal filed by the Revenue has been partly allowed.2. The Commissioner of Income Tax (Appeals) has passed an order (Annexure A-10) and has disbelieved the case of the assessee that though he has received an amount of Rs. 2,05,000/- towards sale consideration but has refunded Rs. 1,50,000/- on 1-4-89, as per oral understanding, for failure to carry out repairs and renovations. The Commissioner of Income Tax (Appeals) has reversed the order passed by the Assessing Officer. Assessing Officer has passed an order (Annexure A-8) on 27-3-97. The Assessing Officer has disbelieved the story of renewals, repairs and renovation as totally false and not acceptable. The correctness of the order passed by the Income Tax Appellate Tribunal has been questioned in this appeal.3. Facts which are necessary for adjudication of this appeal in...
In Re: Sessions Judge
Court: Madhya Pradesh
Decided on: Apr-01-2004
Reported in: 2005CriLJ2629
ORDER1. The Sessions Judge, Sagar had sent a Memo dated 27-1-2004 requesting transfer of cases arising out of commission of Sati (Prevention) Act, 1987 (hereinafter referred to as 'the Act') registered as Special Case No. 1/02 (State of Madhya Pradesh v. Ashok Kumar and Ors.) and Special Case No. 2/02 (State of Madhya Pradesh v. Ashok Kumar and 16 others) from Special Court, Sagar to Special Court, Panna.2. The matter has been placed on the judicial side by order of Hon'ble Acting Chief Justice.The State Government vide Notification No. F-1-4-2002/XXI-B(1), Bhopal dated 14th August, 2002 issued under Section 9 of the Act, constituted seven Special Courts, out of which, one Court was constituted as Special Court, Sagar to take cognizance of the cases arising out of Sagar, Damoh, Panna, Tikamgarh and Chhatarpur districts. The aforesaid two cases are arising out of District Panna and are pending in the Special Court, Sagar at the stage of prosecution evidence.3. On 14-1-2004 a notificatio...
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