Madhya Pradesh Court April 2005 Judgments
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Union of India Vs. Dashrath Prashad Dubey
Court: Madhya Pradesh
Decided on: Apr-12-2005
Reported in: [2006]152TAXMAN654(MP)
1. Appellant/complainant has filed the appeal for the enhancement of the sentence and also setting aside the acquittal under section 420/511 of the IPC vide judgment and order dated 26-8-1992 by learned Additional Chief Judicial Magistrate, Indore in Criminal Case No. 8/84 whereby the appellant was convicted and sentenced under section 279 of the Income Tax Act till rising of the court and the fine of Rs. 5,000 and in default of payment of fine further rigorous imprisonment for two months and he was acquitted from the offence punishable under section 420/511 of the IPC.2. The case of the appellant/complainant is that the respondent/ accused was the income-tax payee and the return by the accused was filed for the payment of the income-tax in the year 1972-73. That in the return he has mentioned his income of Rs. 4,800. That it was found that the accused has wrongly shown his income and his assessable income was found to be Rs. 36,000. The accused has filed the income-tax return dated 30...
Rameshwar Vs. Salim Khan and ors.
Court: Madhya Pradesh
Decided on: Apr-12-2005
Reported in: 3(2005)ACC286
ORDER1. Appellant herein Rameshwar, aged 25 years, working as labourer had met with a motor accident on 4.8.2000. On account of the said accident he had sustained fracture of right leg. He was treated initially at Kukshi in Civil Hospital, Kukshi and was taken to Barwani for further treatment. On account of the permanent disability sustained by him he filed a claim petition before the Motor Accident Claims Tribunal, Dhar, registered as M.V. Case No. 188 of 2000, decided on 23.10.2003, whereby the appellant has been awarded a sum of Rs. 65,000/-. This appeal is for enhancement.2. Dr. P. Gupta (P.W. 2) has deposed that appellant's permanent disability in right leg is to the extent of 40%. This evidence has gone unrebutted. Thus, there is no reason to disbelieve the evidence of Dr. P. Gupta, who had examined the appellant after the accident. Evidence of Rameshwar (P.W. 1) is also in confirmity with the evidence of Doctor. He has also proved the accident and sustaining injuries in the said...
Smt. Poona Bai and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-11-2005
Reported in: 2005(3)MPHT268
ORDERDipak Misra, J.1. The petitioners are legal representatives of one late Ganesh Prasad Sahu who was served with a charge-sheet vide memorandum dated 14-8-1997 whereby he was required to submit his reply within seven days. Without waiting for the reply the disciplinary authority, as set forth, appointed an inquiry officer on 30-8-1997. Late Ganesh P. Sahu submitted his reply on 25-4-1998 and thereafter the inquiry was conducted. Inquiry Officer submitted the report holding the charges to have been proved. A notice to show cause was served on him proposing the punishment of removal and after submission of the show cause the disciplinary authority being not satisfied with the same awarded the punishment of compulsory retirement with effect from 11-6-1998.2. According to the writ petitioners, in the reply to the show cause it was specifically pleaded by the employee that he was a heart patient and scheduled to retire on 31-8-1998. After coming to know about the order of compulsory reti...
Vir Singh Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Apr-11-2005
Reported in: 2005(3)MPHT394; 2005(3)MPLJ348
ORDERA.K. Shrivastava, J. 1. By this petition, the petitioner is challenging the validity of the order of Sub Divisional Officer dated 31-3-1989 (Annexure A-5) and the order of Collector dated 10-9-1990 (Annexure A-6), passed in appeal.2. The predecessors of respondent Nos. 3 to 5 filed an application under Section 4 of the 'M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumidharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976' (hereinafter referred to as 'the Act'). According to the application since the transaction was in contravention to the Act, therefore, it was prayed to deliver the land back to the applicants.3. The application was resisted by the present petitioner. According to him the sale transaction took place on 23rd November, 1953 and the land was sold to the petitioner after receiving the consideration.4. The Sub Divisional Officer vide its order dated 31-3-1989 (Annexure A-5) came to hold that the provisions of Section 4 are...
Moniyabai Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-11-2005
Reported in: 2005(3)MPHT445; 2005(3)MPLJ420
A.K. Gohil, J. 1. This appeal is directed under Section 374 of the Code of Criminal Procedure against the judgment dated 12-7-95 passed by Sessions Judge, Vidisha in Sessions Trial No. 47/93 whereby convicted the appellant under Section 302, IPC and sentenced her to undergo imprisonment for life.2. Deceased Phoolabai was married to Khuman Sigh who is the son of the appellant. As per prosecution story, on 9-10-1992, deceased Phoolabai was cooking food in the house. Appellant poured kerosene oil on her and set her on fire. In the meantime husband of the deceased came and had seen the flames and smoke. He went into the room and tried to extinguish the fire. While rescuing her, Khuman Singh also sustained injuries on his hand. Thereafter deceased was taken to the hospital and was admitted. Intimation was given to the police. Dehati Nalishi was recorded. Dying declaration of the deceased was also recorded by Naib Tehsildar P.W. 6 P.D. Bhasniya. Matter was investigated. On 14-10-92, Phoolaba...
Chand Patel and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-11-2005
Reported in: 2005CriLJ3420; 2005(4)MPHT125
A.K. Awasthy, J.1. Appellants have filed the appeal under Section 374 of the Cr. P.C. against the judgment and order dated 4-7-2000 in S.T. No. 111/99 passed by learned IIIrd Additional Sessions Judge, Dewas of the conviction and sentence under Section 307 read with Section 149 of the IPC for the rigorous imprisonment of 7 years and fine of Rs. 2,000/- and in default of payment of fine further RI of 6 months.2. The prosecution case is that on 31-3-1999 at about 2 p.m. in Village Nagda the appellants have caused the injury to complainant Mukut (P.W. 1) by lathi, fist and kicks causing injury on his head, hand and leg and the complainant was medically examined by Dr. S. K. Mundra (P.W. 13) who has found five injuries on his body and his report in Ex. P52. After the usual investigation, the charge-sheet against the accused persons was filed.3. The appellants are not challenging the finding of the fact and the limited controversy raised by the appellants is that offence against appellants ...
Bechania Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-11-2005
Reported in: 2005CriLJ3413; 2005(3)MPHT377
A.K. Awasthy, J.1. Appellant/accused has filed the appeal against the judgment and order dated 19-9-2002 in S.T. No. 353/2001 passed by 1st Additional Sessions Judge, Alirajpur, District Jhabua under Section 436 of the IPC for the rigorous imprisonment of 3 years and fine of Rs. 500/- and in default of payment of fine further simple imprisonment of 3 months.2. The prosecution case is that on the intervening night of 13-14/12-2000 13-14/12-2000 at Village Badivekal the accused has put on fire the hut of complainant Mirlibai (P.W. 3) and on her shouts Dakaria (P.W. 1) and other villagers came there and accused ran away. FIR Ex. P/10 was lodged on next day on 14-12-2000 at about 10 a.m. and the Investigating Officer has estimated vide Ex. P/5 the loss of Rs. 25,000/- and after investigation, the charge sheet was filed against the accused.3. The accused has abjured the guilt and pleaded his false implication due to enmity. No witness in defence was examined by the accused.4. The appellant ...
Rajesh Shukla Vs. Smt. Meena and anr.
Court: Madhya Pradesh
Decided on: Apr-08-2005
Reported in: 2005CriLJ3800; II(2005)DMC303; [2005(3)JCR385(MP)]; 2005(2)MPHT301; 2005(2)MPLJ483
ORDERS.S. Jha, J. 1. This revision is sent on reference to this Bench on the following question of law:--'Whether against the order passed by the Family Court in an application under Section 125 of the Code while exercising jurisdiction under Chapter IX of the Code, revision under Sub-section (4) of Section 19 of the Act should be registered as Civil Revision or Criminal Revision or Revision Petition (Family) ?' 2. This' Bench is required to consider the correctness of the judgment delivered in the case of Aruna Choudhary v. Sudhar Choudhary, [2004(2) MPLJ 101]. Question involved is whether revision filed before this Court against the order passed under Section 125 of the Code of Criminal Procedure by the Family Court shall be registered as Civil Revision or Criminal Revision. In the case of Aruna Choudhary (supra), Division Bench of this Court held that civil revision will lie against the said order.3. To examine the controversy, it will be useful to refer to Section 7 of the Family C...
Om Prakash and ors. Vs. Uco Bank and ors.
Court: Madhya Pradesh
Decided on: Apr-08-2005
Reported in: AIR2005MP234; III(2007)BC143; 2005(4)MPHT119
S.S. Jha, J.1. This appeal is filed by the guarantors challenging the decree passed in favour of bank against the borrower and guarantors. Appellants submitted that the suit filed by the bank is barred by limitation and therefore the suit deserves to be dismissed.2. Facts of the case are that respondent No. 1 Bank has filed a civil suit against all the defendants, i.e., borrower and guarantors for recovery of Rs. 1,17,000/- and interest at the rate of 16.5% p.a. from the quarterly rates as per the rate fixed by the Reserve Bank of India. It was also prayed that the property of defendants Nos. 3 and 4 be auctioned and decretal amount be recovered. Loan was taken by Rishabhchand Jain s/o defendant Nos. 1 and 2 and the application for term loan and cash credit was submitted on 16-12-88. Bank has decided to grant loan to said Rishabhchand Jain on 19-1-1989. Rishabhchand Jain on 2-3-1989 was given a loan of Rs. 34,000/- for manufacture of his product and on 2-3-1989 facility of cash credit ...
Nabbu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-07-2005
Reported in: 2005(3)MPHT348; 2005(3)MPLJ512
ORDERU.C. Maheshwari, J.1. An unsuccessful applicant/accused has preferred this revision against the order dated 1-2-05 passed by the Additional Chief Judicial Magistrate, Seoni in Criminal Case No. 10/05 whereby an application under Sections 451 and 457 of the Cr.PC filed by the applicant/accused was dismissed an the interim custody of seized cattle was refused. Being aggrieved of this order, the applicant has knocked the door of this Court for setting aside the said order and accepting his application.2. It is an undisputed fact that offence under Sections 4(1), 6-A and 6-B of Krishak Pashu Parirakshan Adhiniyam and under Section 11 of the Animal Cruelty Act was registered against the applicant at Police Station, Keelari, District Seoni in which 17 catties were found in possession of the applicant under the violation of the provision of said Act which are kept in the Gaushala/cattle yard by the order of the Trial Court. It was also alleged that aforesaid cattle were transporting for ...
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