Madhya Pradesh Court March 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Suresh Singh Gurjar Vs. Vineet Goyal and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007ACJ2762; 2008(4)MPHT86; 2007(4)MPLJ6
S.K. Gangele, J.1. The claimant-appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988, against the award dated 1.11.1999 passed by the Ninth Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 143 of 1997.2. The brief facts of the case are that on 13.9.1997 the claimant injured was going along with his bhabhi on bicycle. Near Kishanbagh Tiraha one scooter No. MP 07-K 5374 dashed against bicycle. Due to the aforesaid accident, he suffered serious injuries in his right leg and was admitted in J.A. Hospital and thereafter Chandak Hospital & Research Institute. Ultimately, his right leg was amputated above knee level. F.I.R. was also lodged at the Police Station Bahodapur. The claimant mentioned his age 25 years. Claims Tribunal found that driver of the scooter was driving the scooter rashly and negligently. The scooter was insured with insurance company, respondent No. 3 and due to the aforesaid rash and negligent driving the accident occurred and right ...
State of M.P. Vs. Sunil JaIn and ors.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2008CriLJ785
S.A. Naqvi, J.1. Appellant/State has preferred this appeal aggrieved by the impugned judgment dated 14-7-1994 passed by Additional Sessions Judge, Vidisha in Sessions trial No. 1 of 1992 whereby, the respondent Sunil Jain alias Takki was acquitted of the charge under Section 302 of IPC and respondents Manoj Rajput, Anil Sengar and Dippu alias Devendra Singh have been acquitted of the charge under Section 302/34 of IPC.2. Prosecution case, in short is that on 10th July, 1991, a reception dinner was going on of the marriage of Digvijay Singh Chauhan (P.W. 1). In the reception party, Dipak Sharma and respondent Manoj Rajput started quarreling. The persons present there intervened. Later on, Manoj Rajput went out side from the venue of reception. After sometime, respondent Sunil Jain alias Takki and Anil Sengar came there and hurled filthy abuses. Respondent Sunil Jain alias Takki took out a Katar to inflict injury. Digvijay Singh snatched Katar from respondent Sunil alias Takki. Digvijay ...
Rakesh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: I(2008)DMC119
Sheela Khanna, J.1. Appellant/accused has preferred this appeal being aggrieved by the judgment dated 15.2.1999 rendered by Additional Sessions Judge, Bhind in S.T. No. 57/97, whereby the appellant has been convicted under Sections 304B and 302 of I.P.C and sentenced to undergo seven years rigorous imprisonment, again to undergo life imprisonment with a fine of Rs. 5,000 respectively, and in default of payment of fine the appellant is further directed to suffer further one year's rigorous imprisonment.2. Undisputed facts of the case are that deceased Aarti was daughter of complainant-Prakash Chand Verma (PW 1). The marriage of the deceased was solemnized on 19.11.1995 with the appellant-Rakesh. Kanhaiyalal and Vidhyadevi (co-accused) are parents of appellant-Rakesh. The deceased died on 31.7.1996.3. The case of the prosecution in brief is that at the time of marriage of his daughter Aarti, the complainant-Prakash Chand Verma (PW 1) had given cash of Rs. 29,000, ornaments and houseold g...
Dy. Cit, Special Range-2 Vs. Vippy Solvex Products Ltd.
Court: Madhya Pradesh
Decided on: Mar-29-2007
Reported in: 2007(2)MPLJ452
ORDERS.K. Kulshrestha, J.1. This appeal shall also govern the disposal of ITA No. 4/2004 in which the controversy involved is the same except that the said appeal relates to the yeair 1994-95, while this appeal relates to the assessment year 1993-94. Both the appeals have been admitted on the following substantial questions of law:(1) Whether Tribunal was justified in granting the benefit to the assessee towards depreciation @ 100 per cent on the automatic coal supply system treating it to be a part and parcel of the boiler ?(2) Whether system in question ie., automatic coal supply can be treated as part and parcel of the boiler for the purpose of granting benefit of depreciation @ 100 per cent to the assessee ?(3) Whether the assessee is entitled to claim depreciation @ 25 percent on certain items or @ 100 per cent treating it to be a boiler for the purpose of claiming depreciation @ 100 per cent ?2. As per the Appendix I of Schedule I, Entry No. (3)(m) of the Income-tax Rules, 100 pe...
Sarita and ors. Vs. Mahboob Khan and anr.
Court: Madhya Pradesh
Decided on: Mar-28-2007
Reported in: 2008ACJ2354
S.K. Kulshrestha, J.1. Mr. Sanjay Patwa, counsel for the appellants. Ms. Sudha Shrivastava, counsel for the respondent No. 2. With the consent of the parties, the appeal was finally heard. By this appeal the appellant seeks enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Jaora in Claim Case No. 101 of 2003 vide award dated 9.12.2004 whereby the Claims Tribunal has awarded a total sum of Rs. 4,54,000 as compensation as against the claim of Rs. 39,20,000 for death of Chandrakant, husband of appellant No. 1, Sarita, son of appellant Nos. 2 and 3, Girishchandra and Sushila and the father of appellant No. 4, Kuldeep Joshi.2. On 29.9.2003, deceased Chandrakant Joshi along with Shahid Khan and Om- prakash Trivedi had gone on motor cycle bearing registration No. MP 14-M 440 to M.P. Electricity Board and while they were returning, the driver, non-applicant No. 1, Mahboob Khan came driving truck from behind bearing registration No. MP 09-D 4513 and on a...
Abdul Hafiz and anr. Vs. Babloo and anr.
Court: Madhya Pradesh
Decided on: Mar-28-2007
Reported in: 2009ACJ1057
K.K. Lahoti, J.1. This is a claimant's appeal for enhancement of compensation, arising out of an award dated 23.3.2006 by the Motor Accidents Claims Tribunal, Neemuch in M.A.C.C. No. 22 of 2005 by which the Claims Tribunal has awarded Rs. 82,000 along with interest at the rate of 9 per cent per annum from the date of application dated 19.4.2005 till payment and costs. It is also directed that both the appellants shall be entitled to receive the compensation in equal share.2. Learned Counsel for the appellants submitted that the deceased Abdul Salam was 18 years old unmarried son of the appellant and was carrying on business of sale of bamboos, ballis and tiles, etc. He was also helping his father at the shop, namely, Azad Timber Merchant. At the time of his death his income was Rs. 400 per day. The Tribunal has not properly assessed the compensation, by computing monthly income of the deceased at a lower side. Apart from this the multiplier applied by the Tribunal is incorrect. The app...
Commissioner of Income Tax Vs. Frontline Software and Services (P) Ltd ...
Court: Madhya Pradesh
Decided on: Mar-26-2007
Reported in: (2007)210CTR(MP)407; [2008]301ITR396(MP)
ORDERR.K. Gupta, J.1. The present appeal has been preferred by the Revenue under Section 260A of the IT Act, 1961 (for brevity 'the Act') assailing the order passed by the Income-tax Appellate Tribunal, Indore (in short 'the Tribunal') on 26th May, 2006.2. The facts in a nutshell are that the assessee by filing the return for the accounting year 1996-97, in the P&L; a/c had debited a sum of Rs. 6,20,000 under the head of 'Technical know-how'. The aforesaid amount was paid to NET Ltd., New Delhi in pursuance of the agreement dt. 10th Feb., 1995. According to the Revenue, the sum so paid, being a fee, is in the nature of capital expenditure and assessee ought to have debited only 1/6th of the above sum in the P&L; a/c in terms of Section 35AB of the Act and the balance should have been spread into subsequent five years.3. The assessee had started a computer training centre in collaboration with NET Ltd., New Delhi. Pursuant to the agreement dt. 10th Feb., 1995, the assessee had to give a...
Shantilal Vs. Sumankant
Court: Madhya Pradesh
Decided on: Mar-26-2007
Reported in: III(2007)BC470
N.K. Mody, J.1. Being aggrieved by the judgment and decree dated 15.4.2005 passed by II ADJ (Fast Track). Jhabua in civil suit No. 3-B/2003 whereby the suit filed by the appellant for realization of Rs. 80,000/- was dismissed, the present appeal has been filed.2. Short facts of the case are that the appellant filed a suit for realization of a sum of Rs. 80.000/- alleging that the appellant lent a sum of Rs. 58,500/- to the respondent on 3.8.1993 on execution of promissory note. It was alleged that the amount was repayable along with interest @ 2% per month. It was further alleged that at the time of lending the money respondent gave post-dated cheque for 2.5.1994. Further case of the appellant was that upon presentation of cheque, the same was dishonoured on the ground that the account stands closed. It was alleged that thereafter appellant issued a legal notice dated 19.4.1995 but in spite of that amount was not repaid, hence the suit was filed wherein appellant claimed a sum of Rs. 5...
Madan Parmaliya Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-23-2007
Reported in: 2007(2)MPHT221
ORDERA.K. Patnaik, C.J.1. The petitioner has filed this writ petition under Article 226 of the Constitution as a Public Interest Litigation for declaring the provisions of Sections 14,15,17A, 18 and 23-A of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short 'the Adhiniyam') as ultra vires the Constitution.2. This writ petition was heard alongwith W.P. No. 13753/-2006 in which we have delivered a separate judgment today holding that the provisions of Sections 14, 16, 17-A, 18 and 20 of the Adhiniyam are not ultra vires the Constitution. In this writ petition, however, the petitioner has taken same additional grounds and hence this separate judgment.3. Mr. Vivek Dalai, learned Counsel for the petitioner submitted that under Section 14 of the Adhiniyam power has been vested in the Director Town and Country Planning (for short 'the Director') to prepare the development plan. He submitted that Article 243W of the Constitution provides that subject to the provisions of the...
Munni Bai Vs. Krishna Pal Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-23-2007
Reported in: 2007(3)MPHT73; 2007(3)MPLJ186
ORDERAbhay M. Naik, J.1. This petition has been preferred against the order of reversal by the First Appellate Court of order of temporary injunction granted by the Trial Court in favour of plaintiff/petitioner.2. In short the plaintiff/petitioner instituted a suit for declaration of title and perpetual injunction on the ground that the husband of the plaintiff and his brothers were Pattedar of the land comprised in Survey No. 389/1 Kha and Survey No. 389/1 -E situated at Village Chandora, Tehsil Jaisingh Nagar, District Shahdol. Similarly, the plaintiff is stated to be recorded Bhumiswamini of land comprised in Survey No. 389/Gha area 0.995 hectares. Adjacent to it in southern direction there situates other piece of land belonging to plaintiffs husband and father of defendant No. 1. There situates another land comprised in Survey No. 389/Ka in area 1.295 hectares at Village Chandora, Tehsil Jaisingh Nagar District Shahdol which belonged to defendant No. 2 as Pattedar. Plaintiff purcha...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »