Madhya Pradesh Court July 2004 Judgments
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Sunitabai and ors. Vs. Lalu
Court: Madhya Pradesh
Decided on: Jul-27-2004
Reported in: I(2005)DMC49; 2004(4)MPLJ532
ORDERS.L. Kochar, J.1. This revision has been filed by the applicants against the order dated 9.9.2003 passed by learned Chief Judicial Magistrate, Barwani in Misc. Criminal Case No. 10/2000 Whereby dismissed the application of the applicants for grant of maintenance under Section 125 of the Cr.P.C.2. The case of the applicants before the Court below was that applicant No. 1 Sunitabai was married with the non-applicant Lalu according to Hindu custom and performed necessary rituals and 'Saptapadi' process was adopted. Out of their wedlock, two daughters, the applicant No. 2, Ku. Komal and No. 3 Ku. Pooja had born. After birth of second daughter, the non-applicant started ill-treatment by making false allegation and also turned her out from the house. On intervention by the neighbourers, the applicant wife was kept by the non-applicant and she lived with him for one and a half years but again two months prior to the date of filing of application, she was turned out. The non-applicant did...
Khushal JaIn Vs. Sidharth Tubes Ltd.
Court: Madhya Pradesh
Decided on: Jul-27-2004
Reported in: I(2005)BC553; [2005]57SCL380(MP)
A.K. Awasthy, J.1. Appellant/plaintiff has filed the appeal under section 96 of the CPC against the judgment and decree dated 10-8-1994 passed in Civil Suit No. 85-A/93 by 2nd Additional District Judge whereby the suit for declaration and injunction of the appellant was dismissed.2. The case of the appellant/plaintiff is that the appellant has purchased the share of 11,000 from M/s. Sidharth Tubes Ltd. each share having value of Rs. 10 as described in the schedule of the plaint. That the plaintiff has purchased about 50% of these shares from the brokers and about 50% of the shares from the company. It is alleged by the plaintiff that the entire amount for the purchase of share was paid by him and the share certificate along with the transfer deed was obtained by him. It is con- tended by the plaintiff that from his office all 110 share certificates were stolen along with the transfer deed of the shares. That the plaintiff has sent the notice to the defendant M/s. Sidharth Tubes Ltd. to...
Jharneshwar Nagrik Sahakari Bank Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jul-27-2004
Reported in: (2005)198CTR(MP)345; [2006]280ITR339(MP)
ORDERArun Mishra, J.1. This writ petition has been filed by the petitioner co-operative bank as against the order (P-3), dt. 29th Jan., 2004 passed by Asstt. CIT, in exercise of power under Section 142(2A) of IT Act directing the petitioner to get the accounts audited by auditor/respondent No. 4. Petitioner has also prayed for quashment of order (P-5) dt. 25 thVFeb., 2004 passed by respondent No. 2 refusing to withdraw the directions under Section 142(2A). A notice (P-2) dt. 6th Jan., 2004 was issued under Section, 158BC by respondent No. 3 for furnishing a return for block period.2. It is averred in the petition that petitioner is a registered co-operative society and its income is fully exempt under Section 80P(2)(a)(i) of IT Act. On 21st Feb., 2002 search operations were carried out at the premises of the petitioner-society in which 13 numbers of loose papers were seized. The limit of completion of assessment was two years. Period was to expire on 28th Feb., 2004. Respondent No. 3 r...
Jharneshwar Nagrik Sahakari Bank Maryadit Vs. Union of India
Court: Madhya Pradesh
Decided on: Jul-27-2004
Reported in: (2006)198CTR(MP)345
ORDERBy the Court This writ petition has been filed by the petitioner Co-operative bank as against the order (P-3), dated 29-1-2004 passed by Asstt. Commissioner, Income-tax in exercise of power under section 142(2A) of Income Tax Act directing the petitioner to get the accounts audited by Auditor/respondent No. 4. Petitioner has also prayed for quashment of order (P-5) dated 25-2-2004 passed by respondent No. 2 refusing to withdraw the directions under section 142(2A). A notice (P-2) dated 6-1-2004 was issued under section 158BC by respondent No. 3 for furnishing a return for block period.2. It is averred in the petition that petitioner is a registered Co-operative Society and its income is fully exempt under section 80P(2)(a)(1) of Income Tax Act. On 21-2-2002 search operations were carried out at the premises of the petitioner society in which 13 numbers of loose papers were seized. The limit of completion of assessment was two years. Period was to expire on 28-2-2004. Respondent No...
Raju Kushwaha Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2004
Reported in: 2004(3)MPHT546
Dipak Misra, J.1. In this appeal from jail, the accused/appellant (hereinafter referred to as the 'accused') has called in question the legal propriety of the judgment of conviction and order of sentence dated 2nd March, 2000 passed by the learned Sessions Judge, Tikamgarh in Sessions Trial No. 116 of 1999 whereby he has convicted the accused of offences punishable under Sections 450 and 376(1) of the Indian Penal Code (in short 'IPC') and sentenced him to suffer rigorous imprisonment of 10 years' and fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment of six months on each count, with a further stipulation that the sentences would be consecutive.2. Prosecution version, shorn of unnecessary details, is as follows :--On 27-6-1999 at about 11 a.m., Rani Kachhi, the prosecutrix, a blind woman, who was sustaining herself by receiving alms was inside her house. At that juncture, the accused who was a resident of the locality, entered into the house and tried to offer mon...
Ashish Garg Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2004
Reported in: 2005(2)MPHT183
ORDERArun Mishra, J.1. In this petition, petitioner has prayed for revaluation in the examination held in March, 2003. Petitioner has obtained in Hindi 75 marks out of 100, in English 38 out of 50, in Physics 50 out of 100, in Chemistry 63 out of 100 and in Biology 90 out of 100. Revaluation has been prayed in Physics and Chemistry. The facts have riot been pleaded in objective manner in the writ petition. What were the questions attempted, with the help of which text petitioner claims that he attempted the questions rightly and his answers were correct, no such details have been given. Writ petition is bereft of details. The only averment made is that as per the performance the petitioner was expecting better marks which is based on subjective satisfaction and ipse dixit of petitioner. Several lakhs of students appear in the examination. There is no provision in regulations framed by the Board. Board preserves the answer-sheets only for four months as per Regulation 119 (6) of the Reg...
Life Insurance Corporation of India Vs. Smt. Gitadevi Rathi
Court: Madhya Pradesh
Decided on: Jul-26-2004
Reported in: II(2005)BC7
A.K. Awasthy, J.1. The appellant Insurance Company (LIC) has filed the appeal under Section 96 of the CPC against the judgment and decree dated 28.10.1996 passed by learned IInd Additional District Judge, Indore in Civil Suit No. 112-B/88 decreeing the suit for Rs. 45,000/- with interest and the cost.2. The admitted facts of the case are that the husband of respondent/plaintiff Gitadevi was insured by the appellant vide Policy No. 5760193 commencement date 9.8.82, Policy No. 57605860 commencement date 28.7.82 and Policy No. 57631757 commencement date 10.4.83 which are marked as Policy Exs. P/61, P/7 and P/8. It is the common ground that the policy holder Girdhargopal Rathi has expired on 5.4.84. That the appellant defendant has declined to pay the amount of the policy on the ground that the policy holder has suppressed the facts regarding his disease and ailments and provided the false declaration in the proposal for the insurance policy. It is also the common ground that the policy ho...
Yashoda Trading Company and anr. Vs. Mittal Cotton Company Ltd.
Court: Madhya Pradesh
Decided on: Jul-23-2004
Reported in: II(2005)BC18; (2004)4CompLJ607(MP); [2005]63SCL502(MP)
ORDER1. After having settled the matter with respondent company and after having received the amount towards full and final settlement from respondent company, vide its letters dated 26.6.1995 and 23.8.1995 (Annexures P-23 and P-24), appellant could not have raised any grievance with regard to further dues to be recovered from respondent company, Looking to financial status of respondent company through which it was passing at that time, all the creditors including appellant were given opportunity to liquidate their amount, provided it was prepared to accept fifty per cent of total amount due and outstanding against the respondent company. On such promise being made by respondent company, appellant received two drafts, got them encashed and did not take any action for a long period of four years. Only after lapse of time of almost four years, appellant company woke up from its deep slumber and served a notice on respondent company under the provisions of Companies Act, to pay the debt ...
Mithlesh Sikarwar and ors. Vs. Bhagwan Singh Kirar and ors.
Court: Madhya Pradesh
Decided on: Jul-23-2004
Reported in: 2006ACJ766
R.V. Raveendran, C.J.1. The claimants in Claim Case No. 75 of 1998 on the file of the Motor Accidents Claims Tribunal, Gwalior, have filed this appeal against the judgment and award dated 2.12.1999.2. Claimants are the widow, a son and four unmarried daughters of one Sardar Singh Sikarwar who was a Senior Auditor in the Indian Audit and Accounts Department at Gwalior. He died on 29.9.1998 on account of injuries sustained in a motor accident on 27.9.1998. It is not in dispute that he was aged 52 years at the time of the accident and it is established by Exh. P4. The fact that he was drawing gross salary of Rs. 9,716.50, is also established from the salary certificate, Exh. P3.3. The Tribunal determined the total loss of dependency at Rs. 4,69,888 and by adding Rs. 5,000 for loss of consortium and Rs. 2,000 towards funeral expenses, it awarded Rs. 4,76,888 as compensation with interest at the rate of 12 per cent per annum from the date of filing of the claim petition till the date of rea...
Murari Lal and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-22-2004
Reported in: 2004(4)MPHT379
ORDERDipak Misra, J.1. The petitioners, 37 in number, were registered in the office of Employment Exchange, Seoni. In the said district the Department of Excise decided to run the country/foreign made liquor shops departmentally with effect from 1-4-1993 and the same was practised in number of districts. The State Government framed a new liquor policy in regard to the liquor shops situated in predominantly in the tribal areas and the object of the said policy was to augment collection of the revenue and also protection of rights and interest of tribal people. As per the said policy the State Government decided to run about 250 shops of country made liquor in 18 revenue districts of Madhya Pradesh and for the purpose of smooth running of the shops the State Government sanctioned several posts including that of Salesman and Ghowkidars. In pursuance of the said policy 513 posts of salesman in the pay-scale of Rs. 950-1530 were sanctioned. Two salesman were required to be appointed in each...
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