Madhya Pradesh Court September 2005 Judgments
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indal Ram Vs. State
Court: Madhya Pradesh
Decided on: Sep-28-2005
Reported in: 2006(1)MPHT326
ORDERU.C. Maheshwari, J.1. This is an application under Section 438 of Cr.PC for grant of anticipatory bail.2. The applicant is under apprehension of arrest in connection with Crime No. 357/05 registered at P.S. Multai, under Sections 304B, 306, 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act.3. Counsel for the applicant submits that any of the applicants have not committed any alleged offence, no demand of dowry has been made by them, their behaviour was never cruel towards the deceased Chhaya Bai @ Maya Bai. They further submit that no abatement to commit suicide was given to the deceased by any of the applicant. They have been falsely implicated. They further submit that applicant No. 1 is 62 years old while applicant No. 2 being wife of applicant No. 1 is also old in age. They are father-in-law and mother-in-law of the deceased, if they are arrested and taken into custody then they would suffer from difficulties. Their family has a great respect in their locality. Besides...
Baghelkhand Filling Station and anr. Vs. Brijbhan Prasad and ors.
Court: Madhya Pradesh
Decided on: Sep-28-2005
Reported in: 2006ACJ2503
Deepak Verma, Actg. C.J. and A.K. Saxena, J.1. This order shall govern the disposal of M.A. Nos. 1556, 1557, 1558, 1559, 1560, 1561 and 1562 of 2004.2. This and the connected appeals are being heard analogously as all of them arise out of the common award passed by the Second Additional Motor Accidents Claims Tribunal, Rewa in motor vehicle cases decided on 24.2.2004.3. All the aforesaid appeals have been preferred by the owners of tanker No. MP 17-C 0103, which had met with an accident with jeep bearing registration No. MP 19-A 8155 on 16.4.1999 at about 9 p.m. In the said accident five persons had died and three had sustained bodily injuries. One of the deceased also happened to be driver of the jeep. Shyam Sunder Rajak, respondent No. 3, was driver of the tanker. Manoj Kumar, respondent No. 4, was owner of the jeep and tanker was insured with Oriental Insurance Co. Ltd., respondent No. 5, whereas jeep was insured with United India Insurance Co. Ltd., respondent No. 6. Since five dea...
Manoj Rajani Vs. Superintending Engineer, M.P.E.B. and anr.
Court: Madhya Pradesh
Decided on: Sep-28-2005
Reported in: AIR2006MP100
ORDERS.L. Kochar, J.1. Petitioner Manoj Rajani has filed this petition under Article 226 of the Constitution of India whereby sought relief for quashing of supplementary bill of Rs. 68,740/- issued by respondents vide Annexure P. 12. For decision of this petition, necessary facts are as follows.2. That the petitioner had electric connection in his name at a building situated at 569/1, M.G. Road, Rajani Bhawan, Indore. His consumer Number is 800506. On 28-9-1999, Inspector, Flying Squad No. 14, MPEB, City Indore came to the premises of the petitioner and in his presence inspected the electric meter No. 350607 and found slow working of one phase. The inspector took away the said meter and thereafter new meter was installed. Annexure P. 1 is the Inspection report duly signed by the Inspector, Flying Squad as well as the petitioner. On 17-2-2000, petitioner received the supplementary bill of Rs. 68.740A, Annexure P.2 and P.2A is the copy of this bill. On 2-3-2000 employees of the responden...
Basu Vs. Madhya Pradesh State Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: Sep-28-2005
Reported in: I(2006)ACC572; 2007ACJ129
N.K. Mody, J.1. Being aggrieved by the order dated 26.2.1998 passed by Third Motor Accidents Claims Tribunal, Khargone in Claim Case No. 6 of 1998, whereby the claim petition has been dismissed, the present appeal has been filed.2. Short facts of the case are that on 25.2.1979, an accident took place by bus bearing No. MPC 7658 which was owned by respondent No. 2. A number of claim petitions were filed on account of the same accident which were disposed of vide award dated 24.9.1979 passed in Claim Case No. 61 of 1979, whereby award was passed in favour of 5 injured persons and 24 dependants of those who died in accident. The present claim petition has been filed on 23.7.1996 by the appellant wherein it was alleged that her date of birth is 28.7.1978 and at the time of accident, she was of 6 months. The claim petition has been dismissed by learned Tribunal on the ground that there is a delay of more than 15 years. This appeal has come up for hearing after 8 years. Unfortunately, there ...
Smt. Aruna Devi Vs. Municipal Corporation and ors.
Court: Madhya Pradesh
Decided on: Sep-27-2005
Reported in: 2005(4)MPHT466; 2006(1)MPLJ300
Subhash Samvatsar, J.1. This appeal is filed by the plaintiff challenging judgment and decree dated 30-11-1998 passed by 9th Additional District Judge, Gwalior in Civil Appeal No. 42-A/97, whereby the First Appellate Court has confirmed the judgment and decree dated 14-10-1997 passed by Fourth Civil Judge Class-I, Gwalior in Civil Suit No. 1087-A/94.2. The brief facts of the case are that the appellant- plaintiff filed a suit for declaration of title and injunction alleging that she is the owner of House No. 15/1011, situated at Thatipur, Gandhi Road, Morar. According to her, she is in possession of the suit property. The plaintiff alleges that he became owner of the suit property on the basis of the judgment and decree dated 16-5-1986 (Ex. P-2) passed in Civil Suit No. 22-A/80. The said house was her ancestral property and fallen to the share of father and mother of the plaintiff on the basis of partition taken place 50 years ago. According to her, the house in question in constructed...
State of M.P. Vs. Kantilal and ors.
Court: Madhya Pradesh
Decided on: Sep-27-2005
Reported in: 2006(1)MPHT316
S.K. Kulshrestha, J.1. The State has filed this appeal against the acquittal of the respondents for offences under Sections 304B and 498A of the IPC as also under Section 4 of the vide judgment dated 11-3-1996 of the Sixth Additional Sessions Judge, Indore in Sessions Trial No. 159/93.2. According to the prosecution, deceased Sanjana Mehta, aged 22 years, was married to accused Mahesh on 3-2-1991, who consumed poison and died. On learning about the said fact over the phone at Indore, her parents rushed to Chennai and looked for the reason for her having consumed the poison. Whey they examined the matter in that perspective, realisation dawned upon them that although they had given sufficient dowry, the accused were dissatisfied and they had expressed their annoyance. In the report Ex. P-l, other details of the events were also mentioned to emphasise the fact that the deceased must have been harassed in pursuance of the demand of dowry which must have impelled her to bring an end to her...
Hukumchand Sahu Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-27-2005
Reported in: AIR2006MP97; 2006(1)MPHT413
ORDERS.L. Kochar, J. 1. The petitioner has filed this petition, under Articles 226/227 of the Constitution of India, challenging the order dated 16-7-1997 Annexure 'P-7' passed by Collector, Rajgarh whereby, the Collector has cancelled the licence of the petitioner granted to him under Provisions of Madhya Pradesh Kerosene Dealers Licensing Order, 1979 (for brevity 'the Order') and also forfeited the security amount of Rs. 100/- and also confiscated seized 2510 litres kerosene. Against this order, the petitioner went up in appeal before the Commissioner (Revenue) and the same was dismissed by its order dated 7th September, 98 Annexure 'P- 10'. This order was challenged in Revision before the State Government (Ministry of Food Civil Supplies & Consumers Protection Department) vide case No. F/6-45/98/29/2. This revision has also been dismissed.2. Facts in brief, giving rise to this petition are that on 1st February, 1996, Food Inspector, Mr. Gupta, inspected Fair Price Shop of the petiti...
Smt. Snehlata Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Sep-27-2005
Reported in: (2006)204CTR(MP)317; [2008]296ITR529(MP)
ORDERS.L. Kochar, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dt. 30th Dec, 1999 passed and conveyed to the petitioner by respondent No. 2, CIT, Bhopal (Annex. P/l) whereby, the declaration made by the petitioner, under the provisions of Voluntary Disclosure of Income Scheme, 1997 (hereinafter referred to as the VDI Scheme, 1997) submitted on 9th Dec, 1997 before the IT Department for issuance of certificate as per provisions under Section 68(2) of VDI Scheme, 1997, was refused to be entertained on the ground that the gold Ginnis claimed to have been acquired at the time of marriage on 11th July, 1959 and declaration was sought for the asst. yr. 1963-64 whereas the valuation of the gold ornaments were done as on 1st April, 1962 which was not in accordance with the provisions of the Scheme.2. Learned counsel for the petitioner has submitted that under the VDI Scheme, 1997, any income which was not disclosed prior to De...
Commissioner of Income Tax Vs. Saatal Kattha and Chemicals (P) Ltd.
Court: Madhya Pradesh
Decided on: Sep-27-2005
Reported in: (2006)202CTR(MP)493; [2008]296ITR197(MP)
ORDERS.K. Kulshrestha, J.1. The above two appeals under Section 260A of the IT Act, 1961, arise from the order dt. 18th Aug., 2000 passed by Tribunal in ITA Case No. 880/Ind/1992 and ITA Case No. 818/Ind/1992, both, for the asst. yr. 1989-90.The Revenue's appeal has been admitted on the following substantial questions of law:1. Whether, on the facts and in the circumstances of case, the Tribunal was justified in law in confirming the order of the CIT(A) thereby sustaining addition of only Rs. 2,71,104 on the basis of application of GP rate even when the AO had (made) specific addition of Rs. 66,57,128 and Rs. 8,12,467, respectively, on account of sale of Kattha and Cutch outside regular books of account of the assessee ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the order of the CIT(A) thereby sustaining addition of only Rs. 2,71,104 as against addition of Rs. 66,57,128 and Rs. 8,12,467 made by the AO on account of sal...
Sunita Bai Vs. Babulal and anr.
Court: Madhya Pradesh
Decided on: Sep-27-2005
Reported in: II(2006)ACC511
P.K. Jaiswal, J.1. This appeal is filed by the claimant challenging the award dated 6th January, 1999 passed in Case No. 7/93, praying therein that the Commissioner, Workmen's Compensation has erroneously exonerated the Insurance Company.The following substantial question of law arises for consideration in this appeal:Whether the Commissioner, Workmen's Compensation erred in exonerating the Insurance Company. 2. The appellant-claimant filed an application for compensation before the Commissioner, Workmen's Compensation on the ground that deceased Rameshwar Dayal was Cleaner and he was getting salary @ Rs. 800 per month and allowance @ Rs. 10 per day. On 18th February, 1992 deceased was returning from Berad. Due to rash and negligent driving of tractor by Narayan Singh he fell from the tractor and died on the spot. At the time of accident, the deceased was 21 years of age. Appellant being wife of the deceased is liable to get compensation. She further stated that no compensation was pai...