Madhya Pradesh Court August 2005 Judgments
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Brijendra Thakur Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-22-2005
Reported in: 2006ACJ2262; AIR2006MP28; 2005(4)MPHT260; 2006(1)MPLJ90
ORDERDipak Misra, J.1. Noble Prize Winner Poetess Gabriela Mistral of Chile while speaking about the faults committed by society as regard the children spoke thus :--'We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the fountain of life. Many of the things we need can wait, the Child can not. Right now is the time his bones are being formed, his blood is being made and his senses are being developed. To him we can not answer Tomorrow. His name is To-day.'The Apex Court in the case of M.C. Mehta v. State of Tamil Nadu, : (1997)IILLJ724SC , while speaking about the obligation of the State and Society towards the children in the Indian ethos quoted a stanza which reads thus :--'I am the child.All the world waits for my coming.All the earth watches with interest to see what I shall become.Civilization hangs in the balance,For what I am, the world of tomorrow will be. I am the child,You hold in your hand my destiny.You determine, large...
Mohansingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2005
Reported in: 2005CriLJ4329; 2005(4)MPLJ183
1. For taking exception to the judgment and order of conviction and sentence passed against him by learned II Addl. Sessions Judge, Neemuch in the matter of Sessions Trial No. 64/1995, the appellants have approached this Court by preferring this appeal. Learned Judge had convicted the appellants for the offence punishable Under Sections 148, 302/149 and 323/149 of the IPC and sentenced each of the appellants to undergo R.I. for two years and fine of Rs. 1000/-, R.I. for life and fine of Rs. 5000/- and one year R.I. and fine of Rs. 1000/- in respective counts. In default of payment of fine each appellant was further sentenced to undergo one month R.I. six months R.I and one month R.I., in respective sections. However the substantive sentences were directed to run concurrently.2. Briefly stated the prosecution case as unfolded before the trial Court is that on 7-2-1997 complainant Balwant Singh (P.W. 2) lodged the report in the police station that he was taking tea in his house along wit...
Ramesh Chand Vs. Kishan Chand and anr.
Court: Madhya Pradesh
Decided on: Aug-22-2005
Reported in: 2006(1)MPHT191; 2006(1)MPLJ169
Abhay M. Naik, J.1. This appeal is preferred by the plaintiff/appellant against the dismissal of suit for specific performance. Ramesh Chand, the predecessor of the appellants instituted a suit on 17-8-1987 against the defendants/respondents with averment that the defendant has agreed to sell the disputed land to the plaintiff on 24-12-1985 for a consideration of Rs. 34,000/-. Defendant received Rs. 3,000/-as a part of consideration and the balance amount of Rs. 31,000/- was payable at the time of execution of registration of sale deed upto 30th June, 1986. The agreement was reduced into writing. It is further averred that on 12-6-1986 the defendant received an additional sum of Rs. 7,000/- and extended the period for execution of the registered sale deed upto 30th June, 1987. He handed over possession to the plaintiff on 12-6-1986. It is further pleaded that the plaintiff has been ready and willing to pay the balance amount of Rs. 24,000/-. Since the defendant did not execute the sale...
Abhishek Rawat Vs. Central Board of Secondary Education and ors.
Court: Madhya Pradesh
Decided on: Aug-22-2005
Reported in: 2006(1)MPHT460
ORDERRajendra Menon, J. As common questions are involved in all these four petitions and as the grounds raised arc also similar, therefore all the four petitions are being disposed of by the common order.1. Petitioners in all these four cases are students, who had appeared in class 10th [All India Senior Secondary School Examination-2005 (AISSE-05)] Examination conducted by the Central Board of Secondary Education in March, 2005 as regular students from respondent No. 3 Institute, feeling aggrieved by action of the Board of Secondary Education in not declaring their results they have filed the instant petitions. Relief claimed in all these petitions are that the Central Board of Secondary Education be directed to declare the result of the petitioners.2. The facts in brief relevant for deciding the question involved in these petitions are that all the four petitioners were student of St. Paul's School, Morar, Gwalior. They were studying in the class IX in the said school during the acad...
Cit Vs. Smt. Anita Chouhan
Court: Madhya Pradesh
Decided on: Aug-22-2005
Reported in: [2008]296ITR691(MP); [2006]155TAXMAN136(MP)
ORDER1. This is an appeal filed by Commissioner of Income Tax (Revenue) under section 260A of the Income Tax Act against an order, dated 11-2-2005, passed by learned Members of ITAT in ITA No. 494/IND./2004.2. The question that arises for consideration is; whether appeal involves any substantial question of law within the meaning of section 260A of the Income Tax Act so as to admit this appeal.3. Heard Shri A.P. Patankar, learned counsel for the appellant.4. Having heard learned counsel for the appellant and having perused record of the case, we are of the opinion that appeal does not involve any substantial question of law and hence, the same is liable to be dismissed in limine.5. In substance, the question involved in the case and now in appeal is; whether addition and then deletion made by assessing officer and then deleted by Tribunal is proper or not in the case of assessee It is a case where explanation offered by assessee on facts found favour to the authorities/ Tribunal and, h...
Janardhan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-18-2005
Reported in: 2005(4)MPHT157
S.K. Pande, J.1. ASJ, (F.T.C.), Amarpatan in S.T. No. 70/02 vide impugned judgment dated 23-1-03 recording conviction of appellant under Section 395/397, IPC sentenced him to undergo RI for a period of seven years. Being aggrieved, appellant has preferred this appeal under Section 374(2) Cr.PC.2. On 19-1-01 at about 3.45 P.M., five masked persons armed with fire arm Katta-sword entered into Allahabad Bank Branch Maryadpur. Shiv Nath Bhubharkar, the Manager and Kailash Chand Yadav the peon of the Bank were present. These five masked persons asked them to hand over the cash of the Bank. Being resisted using fire arm katta-sword the dacoits inflicted injuries to Shiv Nath Bhubharkar and Kailash Chandra Yadav. Thereafter the dacoits taking Rs. 58,228.70 and Rs. 2,72,000.00 respectively from counter and safe ran away. One of the dacoits appellant Janardhan Dwivedi was apprehended by the villagers. In his statement under Section 27 of Evidence Act appellant disclosed the names of other four ...
Ghasilal Vs. Kashi Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-18-2005
Reported in: 2006(1)MPHT390; 2006(1)MPLJ248
ORDERN.K. Mody, J.1. Being aggrieved by order dated 28-8-2001 passed by Civil Judge, Class-I, Raghogarh, District Guna in Civil Suit No. 104-A/98 whereby the preliminary issue relating to resjudicata has been decided against the petitioner, the present revision is filed.2. The short facts of the case are that respondent No. 1 filed a suit for declaration and possession against the petitioner and rest of the respondents. The suit was opposed by the petitioner on various grounds including on the ground that on earlier occasion, the respondent No. 1 filed a suit for the same relief which was numbered as Civil Suit No. 18-A/2001 and which was djsposed of vide order dated 4-12-1981 therefore the order passed in the earlier suit is having the force of res judicata. It was prayed by the petitioner that Suit be dismissed on this ground alone.3. Learned Counsel below framed the issues and issue No. 10 is that 'Whether earlier suit No. 18-A/2001 is having a force of res judicata By the impugned ...
Sayra and ors. Vs. Balmukund and ors.
Court: Madhya Pradesh
Decided on: Aug-18-2005
Reported in: 2006ACJ593
Arun Mishra, J.1. This appeal has been preferred against an award dated 4.9.2002 passed by Third Motor Accidents Claims Tribunal in M.C.C. No. 24 of 2001 dismissing the claim petition filed by claimants claiming compensation for death of Shakil Ahmad, aged 20 years.2. It was averred in the claim petition that the deceased Shakil Ahmad was a cleaner in truck No. GJ 17-6814. The accident took place in the intervening night of 28.5.1994 and 29.5.1994. The respondent No. 1, Balmukund was the driver of the truck. Another truck No. CII 6851 was standing due to puncture. It was alleged that Balmukund drove the truck in a rash and negligent manner and dashed against stationery truck No. CII 6851. The cleaner Shakil Ahmed died on the spot. The report was lodged at police station. An offence was registered against Balmukund under sections 304A, 279, 337 and 427 of the Indian Penal Code. The charge-sheet was filed in the court of Judicial Magistrate, First Class. Deceased was earning Rs. 1,000 pe...
United India Insurance Co. Ltd. Vs. Asha Devi and ors.
Court: Madhya Pradesh
Decided on: Aug-18-2005
Reported in: 2006ACJ1516
S.S. Jha, J.1. Since these appeals arise out of common award, they are heard together.Misc. Appeal Nos. 650, 652, 653 and 655 of 2001.2. Only question involved in these appeals is whether the appellant insurance company has rightly been held responsible to indemnify the insured.3. Counsel for the appellant insurance company Mr. B.N. Malhotra has submitted that from the evidence on record, these are the cases of composite negligence of drivers of two vehicles. As such apart from the appellant insurance company, respondent National Insurance Co. Ltd. is also jointly and severally liable to pay the compensation. Respondent National Insurance Co. Ltd. has insured the offending jeep bearing registration No. MP 07-H 1828 which had dashed against the tanker bearing registration No. HNU 9877 insured with the appellant insurance company.4. We have heard counsel for the parties and perused the evidence on record.5. In evidence, witnesses have deposed that while the tanker lorry was overtaking an...
Kamalkishore Vs. Shivshankar and ors.
Court: Madhya Pradesh
Decided on: Aug-18-2005
Reported in: II(2006)ACC94
N.K. Mody, J.1. Being aggrieved by inadequacy of the amount awarded vide award dated 14.2.2001 passed by the Court of VIII Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 35/98 whereby a sum of Rs. 25,500 (Rupees twenty five thousand five hundred only) has been awarded, the present appeal has been filed.2. Learned Counsel for the appellant submits that amount awarded is towards permanent disability Rs. 20,000 (Rupees twenty thousand only) and towards pain and suffering and medical expenses Rs. 5,500 (Rupees five thousand five hundred only). It is submitted that appellant was young man of 28 years, sustained the injury in his right leg. Because of the accident in his right leg was shortened by 5 cms. It is submitted that appellant was treated by various doctors. It is also submitted that in the medical evidence Dr. R.C. Upadhyay has stated that appellant sustained permanent disability of 40% (forty percent). It is further submitted that looking to the income of the appellant,...
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