Madhya Pradesh Court January 2005 Judgments
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Commissioner of Income-tax Vs. Dinesh Kumar
Court: Madhya Pradesh
Decided on: Jan-11-2005
Reported in: [2008]299ITR51(MP)
1. This is an application made by the Revenue (Commissioner of Income-tax) under Section 256(2) of the Income-tax Act, 1961, consequent upon the dismissal of their application made under Section 256(1) of the Act dated January 19, 1999, in R.A. No. 179/Ind/98 which in turn arose out of an order passed by the Income-tax Appellate Tribunal in an appeal decided on August 27, 1998, being I.T.A. No. (SS)60/Ind/96.2. The following two questions are proposed by the Revenue for being referred to this Court under Section 256(2) of the Income-tax Act:(1) Whether, on the facts and in the circumstances of the case and in law, the Tribunal's finding that cash of Rs. 14,00,000 found from the assessee stood explained is perverse and hence not justified?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that if the assessee has maintained regular books of account for a particular assessment year, which were seized during the course of search and the a...
Ashok Kumar Tripathi Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: 2005(1)MPHT314; 2005(1)MPLJ471
ORDERDipak Misra, J.1. The petitioner, a Post Graduate in Botany from A.P.S. University, Rewa, was serving in a Central Reserve Police Force as Assistant Sub Inspector and at the time of filing the original application before the Madhya Pradesh Administrative Tribunal (in short 'the Tribunal') had put in seven years of service in Central Reserve Police Force. The Director General of Police, Bhopal, the respondent No. 2 herein, had invited applications for various categories of post like Subedar, Sub Inspector and Platoon Commander. The last date for submission of the application was 30-6-98. The notification inviting applications envisaged relaxation of age for such candidates who were serving in the State Government or Central Government. The relaxation of age was upto 36 years of age and, therefore, the petitioner was eligible to apply for the post. Being a Government employee the petitioner was required to submit no objection certificate from the Commandant which he submitted. The a...
Dagariya Hagariya Through L.Rs. Vs. Suban and State of M.P.
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: 2005(1)MPHT388; 2005(1)MPLJ360
S.K. Gangele, J.1. This is defendant's appeal against the judgment and decree passed in Civil Appeal No. 3-A/1985, dated 6th of November, 1989 reversing the judgment and decree passed by the Trial Court in Civil Suit No. 3-A/83, dated 30-11-1984. The appeal was admitted for hearing on 18-11-1991 on following substantial questions of law:-'Whether the appeal could be disposed of by the Lower Appellate Court without making State Govt. as a party to the appeal under Order 1 Rule 3-A of the CPC.'2. Plaintiff filed a suit of land mentioned in Para 1 of the plaint for possession and mesne profits. It is pleaded by the plaintiff that the suit property is the ancestor's property and defendant forcefully took possession over the land of the plaintiff. Defendant denied the claim of the plaintiff and it is submitted by the defendant that plaintiff has sold his portion of land and left the village. The Trial Court has held that it has not been proved that half share of the suit property was receiv...
Laxmi Narayan Khati Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: 2005(3)MPHT177
ORDERS.L. Jain, J.1. Petitioner Laxmi Narayan Khati has filed this petition under Section 407 read with Section 482 of the Code of Criminal Procedure (henceforth, the 'Code') for transfer of Sessions Trial No. 208/2002 (State of M.P. v. Shrikrishna Mishra), from the Court of Vth Additional Sessions Judge, Rewa to any other District in the State of Madhya Pradesh.2. The case of the petitioner in nutshell is as follows :--(i) The petitioner is a Class-I Gazetted Officer in the Co-operative Department of State of Madhya Pradesh. On 30-11-2000, he was working as Joint Registrar, Cooperative Societies, Rewa and he had jurisdiction to decide the appeals and revisions arising out of orders of the Court of Assistant/Deputy Registrar, Cooperative Societies, Rewa Division. On 30-11-2000 when the petitioner was giving dictation of the judgment to his steno, the respondent No. 2, who is accused in aforesaid Sessions Trial No. 208/2002, put off the electric light of the office and caused obstructio...
Preeti Swarnkar @ Preeti Soni Vs. Chandra Kant Swarnkar
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: 2005(3)MPHT261; 2005(3)MPLJ172
ORDERU.C. Maheshwari, J.1. This appeal is filed under Section 19 of the Family Courts Act, 1984, arising out of judgment and decree passed by the Family Court, Jabalpur in Civil Suit No. 245-A/2002, dated 12-5-2003, whereby the counter-claim of appellant/defendant-non-applicant has not been allowed as prayed, for permanent alimony and some ornaments and property, i.e., Stri-dhan.2. Initially, the petition was submitted by respondent- husband under Section 12(1)(A) read with Sections 13(1) (i-a) and (i-b) of the Hindu Marriage Act, (hereinafter referred to as 'the Act'). By filing the written statement present appellant filed her counter-claim for returning Stri-dhan ornaments by alleging that those are in possession of respondent-husband and also claimed the permanent alimony and maintenance for her livelihood.3. In relating to the ornaments and property, i.e., Stri-dhan, after appreciating the evidence, the Trial Court has given findings of Issue No. 2 in Paragraph 22 of the impugned ...
Vimal Kumar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: 2005(3)MPHT167; 2005(4)MPLJ420
ORDERS.L. Jain, J.1. Invoking extra-ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (henceforth the 'Code') the petitioners has filed this petition for quashing the order dated 17-1-2001, passed by Additional Chief Judicial Magistrate, Deori in Criminal Case No. 801/2000 and order dated 9-8-2002, passed by IInd Additional Sessions Judge, Sagar in Criminal Revision No. 26/2001.2. The facts leading to the filing of the petition pithily narrated are as follows:--(i) Police of Police Station, Kesli, Distt. Sagar had registered Crime No. 116/99 for the offences punishable under Sections 420, 409, 465, 466, 467 and 468/34 of the IPC against eight persons including the petitioner. After investigation, a charge-sheet was filed against the applicant and seven other persons in the Court of ACJM, Deori and Criminal Case No. 801/2000 was registered. Vide order dated 17-1-2001. Additional CJM, Deori framed charges against the petitioner under Sections 409 and...
Anil Kumar JaIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: 2005CriLJ4722; 2005(3)MPLJ83
ORDERU.C. Maheshwari, J.1. This revision petition has been directed against (he judgment dated 21-5-1999, passed by Sessions Judge, Raisen in criminal appeal No. 117/1998 whereby the judgment dated 19-11-1998 passed by Chief Judicial Magistrate, Raisen, by which the present applicant was found guilty under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (In brief 'Act') and sentenced for six months rigorous imprisonment with fine of Rs. 1000/-(One thousand), and in default of payment of fine further one month R.I., has been upheld.2. As per prosecution case on 15-10-1991, Shri R. K. Singh, Food Inspector (P.W. 1.) went to village Badi in weekly market where the applicant was running a shop in the market from which said Food Inspector on his inspection bought catechu, which having a dictionary meaning 'betel-nut' also. In respect of purchase a notice (Ex. P. 4) was given and in response of it after payment the said substance was taken from the applicant by the receipt of ...
Munawar Ulla Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: II(2006)ACC524; 2006ACJ938; 2005(3)MPLJ142
N.K. Mody, J.1. This order will also dispose of M.A. Nos. 1137 to 1142 and 895 of 2001 as all the aforesaid appeals are arising out of claim cases relating to one accident and one award dated 28.4.2001.2. Being aggrieved by the award dated 28.4.2001, passed by M.A.C.T., Astha, Distt. Sehore, in Claim Case Nos. 81, 82, 75, 72, 80 and 74 of 1999, 48 of 2000 and 84 of 1999, the present appeal has been filed.3. Short facts of the case are that on 6.3.1999 at about 12 a.m. a minibus bearing registration No. MP 04-T 1254 while coming from Indore to Bhopal met with an accident with a truck bearing registration No. MPO 2902 in which eight persons died on the spot and ten persons were injured. In total 18 claim applications were filed. The minibus was insured with New India Assurance Co. Ltd., respondent No. 1 and truck was insured with National Insurance Co. Ltd., respondent No. 2.4. The learned Tribunal found that the drivers of both the vehicles were negligent and because of their rash and n...
Commissioner of Income Tax Vs. Sethi Wires (P) Ltd.
Court: Madhya Pradesh
Decided on: Jan-10-2005
Reported in: (2006)203CTR(MP)154; [2007]289ITR122(MP)
ORDERA.M. Sapre, J.1. This is an income-tax reference made at the instance of Revenue under Section 256(1) of the IT Act by the Tribunal in RA No. 11/Ind/1998, dt. 30th April, 1998, which arises out of an order dt. 17th Oct., 1997, passed by Tribunal in ITA No. 1164/Ind/1993 to answer following question of law said to arise out of the aforementioned order :Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the receipt of power subsidy was of capital in nature and was not liable to tax ?2. Heard Shri R.L. Jain, learned senior counsel with Ku. V. Mandlik, learned counsel for the Revenue and Shri G.M. Chafekar, learned senior counsel with Shri M. Phadke, learned counsel for the assessee.3. At the outset, we wish to point out as to how and in what manner the Tribunal decided the question referred while deciding the appeal filed by the assessee :Para 2--Ground No. 1 relates to the disallowance of power subsidy received by the assessee in r...
Nath Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-07-2005
Reported in: II(2005)DMC114
A.K. Gohil, J.1. Appellants have been convicted under Section 304B and sentenced to 10 years' R1 and fine of Rs. 1,000/- in default of payment of fine to further undergo R.I. for six months, under Section 498A but no sentence is awarded and they have also been convicted under Section 201, IPC and sentenced to 3 years R1 and fine of Rs. 500/- and in default to further undergo R.I. for three months wide judgment dated 27.11.2001 passed in S.T. No. 274/1999 by Additional Sessions Judge, Gohad against which they have filed this appeal under Section 374(2) of the Code of Criminal Procedure.2. According to prosecution, on 21.3.1999, Rajbahadur Singh resident of village Ghamori, P.S. Mhou, District Bhind along with Ramratan and Jagannath lodged the report to Police Station Chhimka Gohad that his daughter Mahadevi (deceased) was married to Siyaram-appellant No. 2 on 13.5.1994. It was further stated that after marriage she was maltreated by the appellants and his mother Tussabai. On 30.10.1995,...
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