Madhya Pradesh Court December 2005 Judgments
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Precision Technofab and Engineering Pvt. Ltd. Vs. State of M.P. and or ...
Court: Madhya Pradesh
Decided on: Dec-16-2005
Reported in: 2006(1)MPHT246; 2004(3)MPLJ541
Dipak Misra, J.1. What would have been a matter of interesting debate as regards expressing an opinion because of the difference between two of our esteemed peers that had emerged relating to grant of State largess and the non-justiciability of it because of contractual spectrum and the justiciability of the same because of incurable and unacceptable irregularities that had cropped up while granting a contract in favour of a private respondent, the respondent No. 6 herein (with the efflux of time and change in law it has invited a converted scenario as we proceed further to delineate in course of our decision) pales into insignificance, for a thing that being with bang always does not end with bang, but may, due to different reasons, ends with a whimper on which one has no control.2. We need not state the facts in detail, except stating that a writ petition under Article 226 of the Constitution of India forming the subject-matter of W.P. No. 382/2004 was filed at the Gwalior Bench and ...
Ram Lal and ors. Vs. Manoj and ors.
Court: Madhya Pradesh
Decided on: Dec-16-2005
Reported in: 2006(1)MPHT509; 2006(2)MPLJ205
1. Being aggrieved by the award passed on 26-7-2000 in Claim Case 58/1998 by A.M.A.C.T,, Wara Seoni, the applicants/appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (59 of 1988).2. The case of the appellants in the Tribunal was that the deceased Sadaram was uncle of the appellants who used to reside with them. He left no heirs before his death. He was an agriculturist, having an income of Rs. 60,000/-per annum. On 7- 4-1996 the deceased while crossing the road in Lalbarra met with an accident and died. The Truck No. B.H.N. 5060 was owned by non-appellant No. 2 which was insured with the non-appellant No, 3 on the relevant date and was driven by non-appellant No. 1. The driver drove the truck rashly or negligently and dashed the deceased. Criminal case was also registered which was pending in the Magisterial Court. The appellants claimed compensation of Rs. 11,50,000/-which was rejected by the Tribunal.3. The non-applicants No. 1 and 2 remained exp...
Ram Khelawan Patel Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-16-2005
Reported in: 2006(1)MPHT446; 2006(2)MPLJ544
ORDERRakesh Saksena, J.1. Applicant, who is an accused in S.T. No.739/01 pending before the Special Court of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Satna, has filed this revision against the order dated 21-5-2003, whereby his application for supplying the copy of the statements of witnesses recorded by SDO (P) was dismissed. During investigation of the case, statements of prosecution witnesses were recorded under Section 161, Cr.PC. On the request of the accused, re-investigation of the case was also done by the SDO (P), Maihar and in that course statements of about 15 witnesses were recorded by him. After investigation, charge-sheet was filed and the case was committed for trial. Before the Trial Court, applicant had earlier moved an application for supplying the copies of the statements recorded by the SDO (P) during re-investigation. His application was dismissed by the Trial Court. Against that order, the applicant had filed a revision before the High C...
N.D. Atulkar Vs. State of Chhattisgarh and ors.
Court: Madhya Pradesh
Decided on: Dec-16-2005
Reported in: 2006(3)MPHT38
ORDERS.R. Nayak, J.1. The petitioner is presently working as Incharge Divisional Manager, Industrial Plantation Division, Bilaspur (CG). Earlier, the petitioner was working in Panavaras Paroyojna Mandal, Rajnandgaon. The Managing Director, Chhattisgarh Rajya Van Vikas Nigam Ltd., Raipur (CG), the second respondent herein, by his order dated 21-1-2004, had transferred the petitioner from Rajnandgaon to Head Office at Bilaspur. The petitioner, vide order dated 29-10-2004 issued by the second respondent, was given the charge of Deputy Manager, Bilaspur. Later, the second respondent, vide his order dated 23-9-2005, transferred the petitioner from Bilaspur to Kawardha Project Division, Kawardha. The petitioner being aggrieved by the above order of the second respondent has preferred this writ petition under Article 226/227 of the Constitution of India.2. I have heard learned Counsel for the parties.3. Mr. P. Diwaker learned Sr. Advocate, while assailing the validity of the impugned transfer...
Raghuraj Pratap Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-15-2005
Reported in: 2006(1)MPHT222
1. In this appeal preferred under Section 34 of the Prevention of Terrorism Act, 2002 (for brevity 'the POTA') the defensibility and pregnability of the order dated 29-11-2005 passed by the Special Court under the POTA at Jabalpur in Misc. Cr. No. 3439/2005 whereby the Designated Court has declined to admit the appellant to bail has been called in question.2. The factual score as frescoed is that the house of Uday Pratap Singh, the father of the accused appellant, was raided in pursuance of execution of warrant of arrest in connection of Crime No. 93/93 under Section 2/3 of the Gangster Act pending before the learned Special Judge, Allahabad. During the raid the concerned police officer and his team found Uday Pratap Singh standing with one AK 56 rifle with black colour belt hanging on his right shoulder. On being asked to produce the licence, said Uday Pratap Singh could not produce the licence nor was he ready to divulge how he had acquired the said weapon along with the bullets. Whe...
Suraj Prasad Sahu Vs. Arjun Prasad
Court: Madhya Pradesh
Decided on: Dec-15-2005
Reported in: 2006(1)MPHT511; 2006(2)MPLJ345
ORDERK.K. Lahoti, J. 1. Petitioner has filed this petition challenging order dated 11-11-2005Additional Collector, Jabalpur in Case No. 19-B/121/2005, by which the petitioner's appeal under Section 8 of the M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred as 'Adhiniyam' for short) was dismissed in default.2. It is submitted by the petitioner that in the aforesaid Adhiniyam there is no provision for restoration of appeal, dismissed in default so the petitioner has approached to this Court by filing this petition. It is prayed that the impugned order passed by the Appellate Authority be quashed and the petitioner's appeal be directed to be heard on merits.3. The facts of the case are that petitioner claiming himself to be the holder of an agricultural land in weaker section, filed an application under Section 4 of the Adhiniyam for seeking relief under the Adhiniyam...
Basodi Alias Munshilal and anr. Vs. Smt. Meera Bai and ors.
Court: Madhya Pradesh
Decided on: Dec-15-2005
Reported in: AIR2006MP179; 2006(2)MPHT90; 2006(2)MPLJ556
U.C. Maheshwari, J.1. Respondents/plaintiffs have preferred this appeal nder Section 100 of CPC being aggrieved by the judgment and decree dated 17-1-1990, passed by Additional District Judge, Harda Camp Sohagpur, in Civil Regular Appeal No. 27-A/87 reversing the judgment and decree dated 9-12-1986 passed by Civil Judge, Class II, Sohagpur in Civil Original Suit No. 4-A/1984 regarding dismissal of the suit.2. This appeal was admitted by this Court on dated 29-11-1990 on the following substantial questions of law :-Whether the decree for mesne profits at the rate of Rs. 50/- per month from the year 1981 to the date of delivery of possession granted by the First Appellate Court is in excess of the claim made by the plaintiff in Para 8 and relief Clause 12 (Kh) of the plaint ?3. The facts of the case are that Kishanlal the predecessor of the respondents' has filed a suit for possession and the mesne profit against appellants in respect of a plot situated on Survey No. 103 measuring 40' x ...
Bhatia Motor Stores Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Dec-14-2005
Reported in: (2006)201CTR(MP)385; [2007]288ITR31(MP)
1. This is an appeal under Section 260A of the IT Act, 1961 (for short 'Act').2. The relevant facts for purpose of disposal of this appeal are that the appellant filed retum of income for the asst. yr. 1990-91 on 8th Oct., 1990 declaring income at Rs. 1,14,294 and claiming status of registered firm. The appellant also filed an application under Section 184 of the Act in the prescribed form to treat the appellant as a registered firm. The AO passed an order on 16th July, 1991 under Section 185 of the Act rejecting the application of the appellant to treat the firm as a registered firm and framed the assessment in the status of association of persons (for short 'AOP') and assessed the income at Rs. 1,96,689.3. Aggrieved, the appellant preferred an appeal before the Commissioner of Income-tax (Appeals) [for short CIT(A)] and by order dt. 24th July, 1992, the CIT(A) annulled the assessment holding that no assessment could be framed against the appellant in the status of AOP, since no retur...
Jitendra and ors. Vs. Bhai Ram and ors.
Court: Madhya Pradesh
Decided on: Dec-14-2005
Reported in: 2006ACJ1217
Arun Mishra, J.1. This appeal has been preferred by the claimants aggrieved by an award dated 26.10.1999 passed by First Addl. Motor Accidents Claims Tribunal, Khandwa in Claim Case No. 2 of 1999.2. As per the claimants, on 19.11.1998, deceased Ramchandra was travelling along with his agriculture produce, soyabean, in tractor-trolley from village Saiyyedpur to Bhikangaon Krishi Upaj Mandi, on the way, the said tractor turned turtle as it was driven in a rash and negligent manner by Bhai Ram. The tractor was owned by Pannalal, whereas the trolley was owned by Dashrath. The tractor and trolley were insured with Oriental Insurance Co. Ltd. Owing to injuries sustained in the accident by Ramchandra, he died. He was initially treated at Khandwa, from where he was shifted to Gokuldas Hospital, Indore where he died next day.3. The claim petition was filed claiming compensation of Rs. 27,70,000. It was claimed that the deceased was earning a sum of Rs. 15,000 per month from agriculture. He was ...
State of M.P. Vs. Than Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-14-2005
Reported in: 2006(2)MPHT319
ORDER1. The State has preferred this appeal against the judgment dated 26-8-1996 of the learned Addl. Sessions Judge, Manawar, District Dhar in S.T. No. 142/95 by which the learned Judge has acquitted the respondents/accused as also the two co-accused of the charges under Sections 302/34 and 394 of the IPC. The State had applied for leave to appeal against the acquittal of all the three accused but since the leave was granted only against accused Than Singh s/o Jahar Singh, the appeal is confined against his acquittal only.2. The facts, in brief, leading to the prosecution of the respondents are that a report with regard to the unnatural death of deceased Tal Singh was made by Bahadur (P.W. 6) at Police Station, Gangwani on the basis whereof, Marg No. 29/94 was registered. After recording the FIR, the inquest was held as required under Section 174, Cr.PC. In the report, it was stated by Bahadur that on 21-9-1994 at about 8 A.M. his father Tal Singh had escorted his sister Kamli Bai to ...
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