Madhya Pradesh Court August 2005 Judgments
Moonga Bai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-31-2005
Reported in: 2005(4)MPHT460
1. A.S.J. Khurai in S.T. No. 77/91 vide impugned judgment dated 26-8-91 recording conviction of appellant under Section 302, IPC sentenced her to imprisonment for life. Being aggrieved, appellant has preferred this appeal under Section 374(2), Cr.PC.2. Rajendra Ahirwar (P.W. 5) is son of appellant Moonga Bai. Deceased Shyam Bai being wife of Rajendra was her daughter-in-law. With Rajendra she was living separately in a room forming part of residential house of appellant-Moonga Bai and others. On 18-6-90 at about 8 PM deceased Shyam Bai sustaining about 66% burn on her body was taken to the Police Station. Where she lodged the report (Ex. P-5) to the effect that deceased Geeta Bai sprinkled kerosene on her body and appellant mother-in-law set her on fire. Kashiram (P.W. 1), Vimla Bai (P.W. 2) and Raju (P.W. 3) rushed to save her and extinguished the fire. On the basis of report aforesaid deceased Shyam Bai was sent to the hospital. Dr. N.K. Rohit (P.W. 12) on examination found superfici...
Tag this Judgment!Nandu and ors. Vs. Sheela Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-31-2005
Reported in: 2006ACJ2270; 2006(1)MPLJ172; 2006(3)SLJ399(NULL)
Abhay M. Naik, J.1. Facts in brief are employment. A sum of Rs. 4,00,000 was that Amar Singh alias Amrit Singh, hus- prayed for as compensation under Section band of claimant-respondent No. 1 and the 10 of the Workmen's Compensation Act, father of claimant-respondent Nos. 2 to 4, was engaged in the work of repairing of electric motor and its fittings and he used to earn Rs. 150 per day. He used to spend 2/3rd of his income on the claimants. Non-applicants-appellants engaged him in repairing work of the pump installed in 60 ft deep well situated in their residential premises. While performing it, he was injured and ultimately died during the course of employment. A sum of Rs. 4,00,000 was prayed for as compensation under Section 10 of Workmen's Compensation Act 1923.2. Non-applicants-appellants in their reply stated that the accident occurred due to negligence of Amar Singh himself. He was taken out of the well by the appellant No.3 and was taken to Nagpur for medical treatment. He was ...
Tag this Judgment!Smt. Bhuwankumar Bhandari Vs. Commissioner of Wealth-tax and anr.
Court: Madhya Pradesh
Decided on: Aug-31-2005
Reported in: [2008]296ITR612(MP)
S.K. Kulshrestha, J. 1. By this petition, the petitioner assails the order dated December 9, 1999 (annexure PIT), passed by the first respondent, Commissioner of Wealth-tax, Indore, by which the said respondent has rejected the revision and declined the claim of the petitioner for deleting the interest charged under Section 17B of the Wealth-tax Act, 1957.2. The facts not in dispute before this Court are that the petitioner is an assessee under the Wealth-tax Act and for the assessment year 1992-93, she was required to furnish return by July 31, 1992 for the year ending on March 31, 1992. The petitioner has submitted that on account of the inadvertent lapse of her accountant, the said return could not be filed by the due date but the amount of tax along with interest thereon as required under Section 17B of the Wealth-tax Act, was deposited on March 30, 1994. To substantiate the said contention, the petitioner has submitted exhibit P/3 indicating the calculations and the amount of tax ...
Tag this Judgment!Commissioner of Income Tax Vs. Moped and Machines
Court: Madhya Pradesh
Decided on: Aug-30-2005
Reported in: (2005)198CTR(MP)608; [2006]281ITR52(MP)
ORDERDipak Misra, J.1. The present appeal was admitted on the following substantial question of law :'Whether the Tribunal was justified in holding that in absence of any corresponding amendment in the definition of Section 2(47), there does not arise any liability of capital gains on the firm on the death of one of the partners, thereby deleting the addition of Rs. 3,40,198 made by the AO ?'2. The facts which are essential to be adumbrated are that the assessee was a partnership firm that consisted of two partners, namely, Ravinder Singh and Pritam Singh. Pritam Singh expired on 19th April, 1990. After the death of one of the partners, for the asst. yr. 1991-92, the case of the assessee-firm was selected for scrutiny and a notice under Section 143(2) of the IT Act, 1961 (hereinafter referred to as 'the Act') was issued on 27th Feb., 1992. The AO referred to the order-sheet dt. 13th Aug., 1993 whereby the assessee was asked that since the firm stood dissolved after the death of one of ...
Tag this Judgment!Shri Wardhman Academy for Technical Education and ors. Vs. State of Ma ...
Court: Madhya Pradesh
Decided on: Aug-30-2005
Reported in: 2005(4)MPHT279; 2006(1)MPLJ467
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has called in question the constitutional validity of Rule 1.8.4 of Pre-Bachelor of Education Entrance Examination Rules, 2005 (hereinafter referred as to 'the Rules'). The said Rule as translated in English reads as under :--'1.8.4 : Qualifying Marks : In the entrance examination, minimum qualifying marks are prescribed category- wise in the following manner:--A student who has not obtained the minimum qualifying marks will not be selected for admission in Bachelor of Education course even if pre-fixed seats are remained available or vacant.(i) For the general category and candidates of other backward classes each and every candidate is required to obtain 150 marks out of 300 i.e., 50% of the total marks.(ii) The candidates of Scheduled Caste and Scheduled Tribe Community will be given admission without any restriction of qualifying marks.'2. At ...
Tag this Judgment!Dr. (Smt.) Sulekha Mishra Vs. Purushottam Lal Sharma and ors.
Court: Madhya Pradesh
Decided on: Aug-30-2005
Reported in: 2006(1)MPHT195; 2005(4)MPLJ16
ORDERAjit Singh, J.1. This revision is directed against the order dated 13-12-2004 passed by the 6th Additional Sessions Judge, Jabalpur, in Sessions Trial No. 443/2004 whereby he has rejected the application of the petitioner filed under Section 173(8) of the Code of Criminal Procedure, 1973.2. One Prabha Tiwari, an aged lady, was found murdered in her house in Jabalpur on 9-12-2003. The petitioner is her daughter. The First Information Report of the incident was lodged by her close relation Rajendra Solakia on the same day at Police Station Kotwali, District Jabalpur. The respondent Nos. 1 and 2 are being tried for the murder of Prabha Tiwari who lived alone.3. The respondent Nos. 1 and 2 are husband and wife. They have two children namely Sunny and Iti. They belong to Raipur Town, which is now in the State of Chhattisgarh. Even so the respondent No. 1 married Bharti, daughter of deceased Prabha Tiwari, at Jabalpur concealing the fact of his subsisting marriage with respondent No. 2 ...
Tag this Judgment!Satyawati Devi and ors. Vs. Haji Mohammad Shareef and ors.
Court: Madhya Pradesh
Decided on: Aug-30-2005
Reported in: 2006ACJ621
A.M. Sapre and Ashok Kumar Tiwari, JJ.1. The decision rendered in this appeal shall govern disposal of other connected appeal being M.A. No. 428 of 2002, as both these appeals arise out of common award rendered by the Tribunal (M.A.C.T.).2. This is an appeal filed by claimants under section 173 of Motor Vehicles Act against an award dated 8.12.2001, passed by learned 1st Additional Member, Motor Accidents Claims Tribunal, Mhow, District Indore, in Claim Case No. 146 of 1999 whereas, other connected appeal is filed by the insured, i.e., owner of the offending vehicle under section 173 of the Act against the same aforementioned award. By impugned award, the Tribunal awarded a total sum of Rs. 4,95,000 along with interest payable at the rate of 9 per cent per annum to the claimants for the death of one Devendra Singh.3. In these two appeals, two questions arise for consideration. Firstly, whether any case for further enhancement in the compensation awarded by the Tribunal is made out? And...
Tag this Judgment!National Insurance Co. Ltd. Vs. Khelli Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-30-2005
Reported in: 2006ACJ1160
Deepak Verma and S.K. Pande, JJ.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 6.9.2002, passed by Second Additional Motor Accidents Claims Tribunal, Satna in Claim Case No. 5 of 1999.2. Late Ram Karan Singh, aged about 48 years died on 2.12.1998 in an accident involving a truck bearing No. MTV 888 belonging to Harvinder Singh Sethi, respondent No. 5 and driven by Karan Singh, respondent No. 4. The case of claimants in short was that late Ram Karan Singh was working as a mason with one Manoj Biyani at Bhusawal. While he was working, driver, respondent No. 4, put the truck in reverse gear causing dash against Ram Karan Singh, who as a result fell down and the wheel of the truck passed over his waist resulting in death. Respondent Nos. 1, 2 and 3 Khelli Bai, Praveen Singh, Kirti Kumar Singh respectively widow, daughter and son filed a claim petition, claiming compensation to the tune of Rs. 8,60,000 alleging rash and negligent driving...
Tag this Judgment!Ajay Kumar Vs. Aklesh Kumar and ors.
Court: Madhya Pradesh
Decided on: Aug-30-2005
Reported in: II(2006)ACC576; 2005(4)MPLJ15
ORDERN.K. Mody, J.1. Heard on 1.A. No. 1701/2005 which is an application for dispensing with services of respondent Nos. 1 and 2. The application is allowed at the risk of the appellant.2. Being aggrieved by the award dated 12.3.2004 passed in claim Case No. 119/ 2000, the present appeal has been filed. Similarly, against the same award passed in Claim Case No. 110/2004, M.A. No. 1974/2004 has been filed.3. In M.A. No.1973/2004, the injured is Ajay Kumar while in M.A. No. 1974/ 2004, the injured is Smt. Nirmala Bai. In M.A. No. 1973/2004 the award is for a sum of Rs. 11,000 and in M.A. No. 1974/2004 award is for a sum of Rs. 40,000 along with interest @ 9% per annum.4. The break-up of the awarded amount in both are as under:In M.A. No. 1973/2004 Rs. 1,000 -- towards medical expensesRs. 5,000 -- towards mental pain and sufferingsRs. 5,000 -- towards physical pain and sufferings In M.A. No. 1974/2004 Rs. 20,000 -- towards medical expensesRs. 10,000 -- towards physical pain and sufferings...
Tag this Judgment!Manoj Rawat Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-29-2005
Reported in: 2005(4)MPHT438
ORDERAjit Singh, J.1. Heard on admission.2. This revision, by the accused, is directed against the judgment dated 22-12-2004 passed in Criminal Appeal No. 111/2004 by the Sessions Judge, Panna, whereby he has remanded the case for retrial.3. According to the prosecution case, on 22-9-2003 B.S. Jadaun (P.W. 5) Sub-Inspector of Police Station Kotwali, Panna, received an information that the applicant is involved in the act of gambling in front of his house. B.S. Jadaun (P.W. 5) went to the spot along with his staff and independent witnesses namely Rajesh Kumar Sahu (P.W. 1) and Mukesh Kumar Sahu (P.W. 2). The applicant was present there. B.S. Jadaun (P.W. 5) seized nine 'satta' slips, in which different numbers were noted, one register, 13 copies, two calculators, a dot pen and cash of Rs. 14,300/-. The seizure memo is Ex. P-2. After investigation, B.S. Jadaun (P.W. 5) filed a charge sheet against the applicant for offence under Section 4A of the Public Gambling Act, 1867. The defence of...
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