Madhya Pradesh Court August 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ajit Vs. Smt. Kirti and anr.
Court: Madhya Pradesh
Decided on: Aug-24-2004
Reported in: I(2005)BC315
ORDERS.L. Kochar, J.1. This revision has been filed by the applicant/complainant against the order dated 19.12.2003 passed by III A.C.J.M., Indore in Criminal Case No. 2277/2002 whereby discharged the non-applicant No. 1 Smt. Kirti, wife of Rajiv Agarwal, the non-applicant No. 2 on the ground that the cheque was not signed by her.2. The contention of the learned Counsel for applicant is that non-applicant No. 1 Smt. Kirti Agarwal has raised the loan from the applicant and she was having joint account in State Bank of Bikaner and Jaipur, Branch Sanyogitaganj, Indore. He has also submitted that the cheque was issued under the signature of non-applicant No. 2 Rajiv Agarwal, the husband of the non-applicant No. 1 and both were having joint account. He has also submitted that in the cheque, name of account holder is mentioned as Smt. Kirti Agarwal. The learned Counsel has also submitted that payment is to be made from the concerned account for which the cheque was issued. The learned Trial ...
Cit Vs. Phulchand Kachrulal
Court: Madhya Pradesh
Decided on: Aug-24-2004
Reported in: [2005]148TAXMAN563(MP)
ORDERSapre, J. The decision rendered in this case shall also govern disposal of other two cases being MCC No. 303 of 1995 and MCC No. 304 of 1995 because all these applications relate to one assessee and secondly arise out of one impugned order passed by ITAT, the only difference being that they arise out of different assessment orders.2. This is an application made by revenue (Commissioner of Income-tax) under section 256(2) of the Income Tax Act consequent upon the rejection of their application made before the Tribunal (ITAT) under section 256(1) of the Act for referring certain questions of law which according to applicant (Revenue) arise out of the order dated 25-10-1993, passed by ITAT in ITA No. 344/Ind/90, 223/Ind/91, 349/Ind/90 and 388/Ind/90. However, the Tribunal by order dated 28-9-1994, passed R.A. No. 18 to 50/Ind/94 dismissed the application made by the revenue under section 256(1) in holding, inter alia, that none of the questions proposed by the applicant (Revenue) can...
Cit Vs. Vijaykumar Rajendrakumar and Co.
Court: Madhya Pradesh
Decided on: Aug-24-2004
Reported in: [2005]142TAXMAN85(MP)
ORDERSapre, J.This is an application made by revenue (Commissioner of Income Tax) under section 256(2) of the Income Tax Act consequent upon the rejection of their application made under section 256(1) of the Act by the Tribunal (ITAT) dated 20-10-1997 in R.A. Nos. 32 and 33/Ind/97 which in turn arises out of ITA Nos. 784 and 785/Ind/92.2. Heard Shri R.L. Jain, learned counsel for the applicant.3. It may be mentioned as is clear from the record of this case as also the record of another Reference Case being ITR No. 64 of 1997 decided by this court by their order dated 17-7-2002 that ITR 64 of 1997 also arose out of the same impugned order of Tribunal which is made subject matter of this Reference Application. In other words, both these references i.e., present one and ITR 64 of 1997 decided by this court on 17-7-2002 arose out of one and common order passed by Tribunal (referred supra). Secondly, they relate to same assessee i.e., respondent herein. Thirdly, both these cases relate to ...
United India Insurance Co. Ltd. Vs. Radheshyam and ors.
Court: Madhya Pradesh
Decided on: Aug-23-2004
Reported in: 2005ACJ2007; 2004(4)MPHT243
ORDER1. Heard on admission.2. By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant-Insurance Company assails the award dated 29-6-2004 passed by the Motor Accidents Claims Tribunal, Bhopal in M.C.C. No. 83/2004.3. The only ground, peculiar to the Insurance Company, urged is that though a mini-bus carrying passengers was involved in the accident, its driver did not possess the licence to drive the said vehicle but only a licence for driving light motor vehicle. Learned Counsel has invited attention to Section 3 of the Motor Vehicles Act with regard to the necessity for driving a particular class of vehicle and submitted that since, admittedly, the driver of the offending vehicle had possessed a driving licence for driving light motor vehicle, and not a transport vehicle, the Insurance Company ought to have been relieved of its obligation under the insurance cover granted to the insured.4. The contention raised by the learned Counsel overlooks the fact that the...
Board of Secondary Education Vs. Municipal Corporation
Court: Madhya Pradesh
Decided on: Aug-23-2004
Reported in: AIR2005MP149; 2004(4)MPHT507
ORDERS.K. Pande, J.1. This revision under Section 115 of CPC is directed against the order dated 21-2-2003 passed by VII ADJ, Bhopal in M.A. No. 8/2001.2. Applicant Board of Secondary Education, Bhopal has been constituted under Section 3 of the M.P. Madhyamik Shiksha Adhiniyam, 1965 (for short 'the Act'). The applicant is required to discharge various functions and duties enumerated under Section 8 of the Act for promoting the Secondary Education in the State. For the first time in 1985 property tax was imposed by non-applicant in respect of premises used by the applicant Board for its own use including Head Office, Administrative Office building. However, on objection being raised, non-applicant Corporation exempted the premises used by applicant Board for its own use. Since then, the applicant was regularly paying the property tax in respect of premises from where rent is generated. The non-applicant Corporation issued a notice for payment of property tax in respect of premises used...
United India Insurance Co. Ltd. Vs. Radhey Shyam and ors.
Court: Madhya Pradesh
Decided on: Aug-23-2004
Reported in: I(2006)ACC496
Rajiv Gupta, J.1. Heard on admission. By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant Insurance Company assails the award dated 29.6.2004 passed by the Motor Accident Claims Tribunal, Bhopal in M.C.C. No. 83 of 2004.2. The only ground, peculiar to the Insurance Company, urged is that though a minibus carrying passengers was involved in the accident, its driver did not possess the licence to drive the said vehicle but only a licence for driving light motor vehicle. Learned Counsel has invited attention to Section 3 of the Motor Vehicles Act with regard to the necessity for driving a particular class of vehicle and submitted that since, admittedly, the driver of the offending vehicle had possessed a driving licence for driving light motor vehicle and not a transport vehicle, the Insurance Company ought to have been relieved of its obligation under the insurance cover granted to the insured.3. The contention raised by the learned Counsel overlooks the fact ...
State of Madhya Pradesh Vs. Mannu @ Manohar
Court: Madhya Pradesh
Decided on: Aug-20-2004
Reported in: 2004(4)MPHT202
ORDER1. This is a petition filed under Section 378(3), Cr.PC for grant of leave to appeal against the acquittal of respondent accused Mannu @ Manohar, vide impugned judgment dated 27-2-2003 passed by Sessions Judge, Tikamgarh in Sessions Trial No. 263/2003, whereby the respondent accused has been acquitted of the charge under Section 302 of the IPC.2. Police Sendri, District Tikamgarh after completing the investigation of the case registered on the report of one Rajeev Rajput at Crime No. 71/2002, charge-sheeted respondent accused Mannu @ Manohar for the alleged commission of the offence punishable under Section 302 of the IPC, on the accusation of having committed murder of informant's father Dharam Rajput in the morning of 19-7-2002, by causing injuries on him by means of a heavy piece of stone.3. Respondent accused Mannu @ Manohar abjured his guilt and pleaded false implication to the charge framed by the Trial Court under Section 302 of the IPC.4. At the trial, the charge of murder...
R. Subramanium Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Aug-20-2004
Reported in: 2005CriLJ2382
ORDERS.L. Jain, J.1. Invoking extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, petitioner has filed this petition for quashing the proceedings in Criminal Case No. 337/02 pending in the Court of J.M.F.C., Seoni, for an offence punishable under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act').2. Facts leading to filing of this petition succinctly narrated are thus : A complaint for an offence punishable under Section 7/16 of the Act was filed against the petitioner and four other persons. The case of the prosecution is that on 25-6-93, respondent No. 2 Food Inspector, Seoni lifted a sample of Flora Sunflower Oil from the shop of Girdharilal Khemka. On analysis, this oil was found to be adulterated. The article in question was manufactured by Lipton India Limited. At the relevant time, Chandra Kant Pisse, accused No. 5, was the Branch Manager of Lipton India Limited, Nagpur Branch. At that time pet...
Mohd. Jamil Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-19-2004
Reported in: 2005CriLJ1470; 2004(4)MPHT85; 2004(4)MPLJ225
A.K. Shrivastava, J.1. Feeling aggrieved by judgment of conviction and order of sentence dated 29-11-1997 passed by Additional Sessions Judge, Umariya, Distt. Shahdol, in Session Trial No. 210/94 convicting the appellant under Section 302, IPC and sentencing him to suffer Rigorous Imprisonment for life, the appellant has knocked the door of this Court by preferring the appeal under Section 374(2) of Code of Criminal Procedure, 1973.2. The facts shorn of unnecessary details lie in a narrow compass. Sushri Poonam Pandey (hereinafter referred to as 'the deceased') was a divorcee lady. She was living along with her mother Rukmani Pandey. One Tabeeb Khan outraged the modesty of deceased for one or two occasion and expressed her love to her but the deceased did not appreciate the act, on the contrary she pacified him that if he will not improve his attitude towards the deceased, she would narrate his shameful act to his wife and mother that he outraged her modesty. On this cause, said Tabeeb...
Gajanan @ Gajanand Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-19-2004
Reported in: 2005(1)MPHT219
Dipak Misra, J.1. In this appeal preferred under Section 374(2) of the Code of Criminal Procedure the accused/appellant (hereinafter referred to as 'the accused') has called in question the legal tenability of the judgment of conviction and the order of sentence passed by the learned IInd Additional Sessions Judge in S.T. No. 108/93 whereby he has been convicted under Section 302 of the Indian Penal Code (in short 'the IPC) and sentenced to undergo rigorous imprison- ment for life.2. Briefly stated the prosecution case is that on 22-8-1992 when Dilip (P.W. 4) was going alongwith his friend Sunil near a 'nala' they saw that the accused Gajanan was assaulting his wife, Chhabbobai, with knife and the agonized woman was screaming loudly. Hearing her cry many a person arrived at the spot to save her. On arrival of other persons the accused took to his heels. It was noticed by the witnesses that Chhabbobai had been inflicted blows with knife on her face, waste region, hands and some other pa...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- Next ›
- Last »