Madhya Pradesh Court September 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.
Salim and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-06-2004
Reported in: 2005(1)MPHT390; 2004(4)MPLJ345
ORDERS.L. Kochar, J.1. This revision has been filed by the applicants aggrieved of the order dated 28-7-2004 passed by V ASJ, Ujjain in Sessions Trial No. 158/2004 whereby the learned Judge has framed charge under Sections 306/34 of IPC against the applicants.2. The police of Police Station, Neelganga, District Ujjain has filed a charge-sheet against the applicants under Section 306/34 of IPC. According to the prosecution case, deceased Dayaram alongwith five other persons had raised loan for about rupees two lakhs from the District Antvyavasayik Sahakari Vikas Samiti Maryadit, Ujjain and bought a Commander Jeep. After paying some instalments, deceased Dayaram sold the said Jeep before 10-11 months prior to the incident to applicants Ayyub @ Bhaiyu and Salim. Both the applicants paid him Rs. 35,000/- and assured him of paying the rest of the instalments of the vehicle to the Bank. It is also alleged that the sale deed to this effect was also executed and the papers were lying somewhere...
Smt. Mahrania and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-03-2004
Reported in: 2004(4)MPHT225
Dipak Misra, J.1. In this intra-Court appeal assail is to the order dated 5-12-2002 passed in W.P. No. 4361/2002.2. The essential facts which are requisite to be stated are that a notification was issued under the provisions of the Land Acquisition Act, 1894 (for brevity 'the Act') for acquiring certain land for a company, namely, J.P. Bela Cement Plant, respondent No. 5 herein. A notification was issued for dispensation of enquiry as contemplated under Section 5A of the Act treating the acquisition meant for public purposes. It is pertinent to mention here that the Land Acquisition Officer proceeded for determination of quantum and the present petitioners appeared before him as is perceptible from Annexure R-3 filed by the respondent/Company.2-A. Before the learned Single Judge it was contended by the present appellants that acquisition of the land can not be for the public purpose and, therefore, all the necessary provisions of the Act were to he strictly followed, but as the same ha...
Vijay Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-03-2004
Reported in: 2005CriLJ299; 2004(4)MPLJ543
A.K. Shrivastava, J.1. Feeling aggrieved by judgment of conviction and order of sentence dated 3rd March, 1990 passed by learned sessions Judge, Morena in Sessions Trial No. 72/89, convicting the appellant under Section 302, IPC and sentencing him to suffer rigorous imprisonment of life, the appellant has knocked the door of this Court by preferring an appeal under Section 374(2) of the Code of Criminal Procedure, 1973.2. The facts shorn of unnecessary details lie in a narrow compass. It is the case of prosecution that Roshanbai (hereinafter referred to as the 'deceased') was a concubine of accused/appellant. The deceased was residing with her mother Almadi Bai in Subhash Nagar of the township of Morena. On the fateful day i.e., 17-12-1988, at 12 in the noon, accused armed with single barrel gun arrived at the house of the deceased and was talking with her inside the room. At 1.30 p.m. accused asked the deceased not to go to Ambah. It is said that at that juncture Afhis Khan arrived th...
Commissioner of Income-tax Vs. Smt. Kanti Devi Gupta
Court: Madhya Pradesh
Decided on: Sep-03-2004
Reported in: [2005]274ITR526(MP)
Dipak Misra J.1. In this appeal preferred under Section 260A of the Income-tax Act, 1961, the substantial question of law that has been posed by the Revenue for consideration is whether, on the facts and circumstances of the case, the Tribunal was justified in confirming the Order of the Commissioner of Income-tax (Appeals) who had held that reassessment was invalid as there had been no personal notice on the assessee under section 148 of the Income-tax Act, 1961, though as a matter of fact the notice was served on the husband of the assessee and the assessee had participated in the proceeding before the Assessing Officer 2. A short resume of facts is necessitous. The respondent-assessee filed the return for the assessment year 1998-99 declaring the income of Rs. 28,850. The Assessing Officer on the basis of the information from the State Bank of Indore at Chhatarpur came to know that there is huge difference in the stock shown by the bank authorities and the stock shown by the assesse...
National Insurance Co. Ltd. Vs. Shankarlal and anr.
Court: Madhya Pradesh
Decided on: Sep-03-2004
Reported in: II(2005)ACC338; 2006ACJ2645; 2005(1)MPLJ88
S.P. Khare and U.N. Singh, JJ.1. This is an appeal under Clause 10 of the Letters Patent against the order dated 1 1.8.1999 in M.A. No. 328 of 1999 by which the appeal of the insurance company under Section 173 of Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') has been dismissed. 2. The Tribunal held that Rajendra, respondent No. 2, was the owner and driver of Tempo No. MP 14-G 3775 on 18.3.1996, he drove it rashly and negligently causing grievous injuries to Shankarlal, respondent No. 1 and this vehicle was insured with appellant National Insurance Co. Ltd. An amount of Rs. 23,000 has been awarded as compensation to claimant. The insurance company has also been held liable to pay this amount. On appeal by the insurance company the single Bench upheld the view taken by the Tribunal.3. Rajendra, respondent No. 2, was having the licence to drive 'light motor vehicle' but he was driving a Tempo which is a 'transport vehicle' when the accident took place. Reliance ha...
Commissioner of Income Tax Vs. Chandrika Towers
Court: Madhya Pradesh
Decided on: Sep-02-2004
Reported in: (2004)192CTR(MP)433; [2005]275ITR173(MP)
ORDERComputation of work executed by builder-assessee by AOCatch Note:The assessee was a builder-cum-contractor, engaged in executing construction contracts for others and also constructing flats/shops as a building developer. The AO took the profit from the work at 8 per cent of the gross value of the work executed and consequently determined the profit from construction at Rs. 3,46,500. To this, he added Rs. 75,650 at 10 per cent profit at the job works executed. Thereafter, by adding other income, etc., the total income was arrived at Rs. 4,83,369. CIT took action under section 263 and set aside the order of assessment on the ground that the AO had failed to take notice of two relevant items while determining the value of the gross work at Rs. 43,31,253. The two items were Rs. 43,780, being the value of opening stock and Rs. 52,19,774, being the cost of land on which the flats/shops were constructed. The revisional authority, therefore, directed the AO to add the two amounts to the ...
Parth Rasayan Pvt. Ltd. Vs. State Appellate Forum and ors.
Court: Madhya Pradesh
Decided on: Sep-02-2004
Reported in: 2005(1)MPLJ506; [2006]146STC447(MP)
ORDERA.M. Sapre, J.1. The decision rendered in this writ shall also govern disposal of other writ being W.P. No. 411 of 2004, because in both these writs identical issue is involved. Facts of the case lie in a narrow compass.2. The petitioner is a private limited company engaged, inter alia, in the business of manufacture and sale of a product called 'speciality hydrocarbon industrial solvents'. They have set up their manufacturing unit at Megh Nagar in District--Jhabua in State of M.P. According to petitioner, they have invested substantial amount in setting up of this manufacturing unit which has gone into commercial production.3. Under the Scheme of State Sales Tax Laws (Madhya Pradesh General Sales Tax Act, 1958 and then after its repeal Madhya Pradesh Commercial Tax Act, 1994), the State has offered exemption to certain categories of dealers engaged in class of business of manufacture and sale from payment of sales tax on their goods provided they satisfy the conditions prescribed...
Cit Vs. Bhagirath and Bros.
Court: Madhya Pradesh
Decided on: Sep-02-2004
Reported in: [2005]143TAXMAN323(MP)
ORDERSapre, J. This is an application filed by the revenue (Commissioner of Income Tax) under section 256(2) of Income Tax Act consequent upon the dismissal of application made by revenue under section 256(1) ibid by the Tribunal by order dated 5-6-1992, passed in R.A. No. 190/IND/92, which in turn arises out of ITA No. 606/IND/89.2. In the opinion of Tribunal, no referable question of law arises in the cases and hence, the application formaking the reference to this court for answer on merits under section 256(1) came to be dismissed. So the short question that arises for consideration in this case is whether any referable question of law arises in this case out of the order passed by Tribunal while deciding the appeal and/or whether question proposed by the revenue can be said to be the question of law so as to call upon the Tribunal to refer to this court for answer on merits?3. Heard Shri R.L. Jain, learned counsel for the applicant.4. Having heard learned counsel for the applicant...
Oriental Insurance Co. Ltd. Vs. Kamal and ors.
Court: Madhya Pradesh
Decided on: Sep-02-2004
Reported in: 2006ACJ2137; 2004(4)MPLJ469
Shantanu Kemkar, J.1. Mrs. Amrit Ruprah, learned Counsel for the appellant.2. Heard on the question of admission.3. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the award passed on 26.6.2002 by learned Second Additional Motor Accidents Claims Tribunal, Betul in Claim Case No. 66 of 2001.4. Learned Counsel for the appellant submitted that since the licence held by the driver of the offending bus was fake, the insurance company cannot be saddled with the liability to pay the compensation. It is further submitted that even if the liability to pay the compensation is saddled, the appellant insurance company ought to have been given the right to recover the same from the vehicle owner.5. Supreme Court in case of United India Insurance Co. Ltd. v. Lehru 2003 ACJ 611 (SC), has held that where prior to hiring the driver, the owner satisfied himself that the driver has a licence and was driving competently, there would be no breach of Section 149(2)(a)(i...
Ram Pramod Kacchi Vs. Gayadeen and ors.
Court: Madhya Pradesh
Decided on: Sep-01-2004
Reported in: 2004(4)MPHT493
S.K. Pande, J.1. Being aggrieved by the judgment-decree dated 22-9-90, passed by II ADJ, Sidhi in C.A. No. 1-A/89, reversing, the judgment-decree dated 31-1-87, passed by III Civil Judge Class II, Shahdol in C.S. No. 33-A/86, plaintiff/appellant has preferred this appeal under Section 100, CPC.2. The appeal has been heard on the following substantial question of law :--'Whether the Lower Appellate Court was justified in dismissing the plaintiffs suit on the finding that the plaintiff/appellant was out of possession and, therefore, the suit for declaration was not maintainable ?'OR'Whether the Lower Appellate Court should have afforded an opportunity to the plaintiff/appellant to amend the plaint and claim the relief of possession also ?'3. Admittedly suit land Khasra No. 501, area 0.22 acres, Village Panchgaon, Tehsil Sohagur, District Shahdol is recorded in the name of plaintiff/appellant Rampramod. On a portion of this land, residential houses were constructed by defendant/respondent...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »